InfoUpdate
An Information Service supplied by the KwaZulu-Natal Law Society

26 February 2010

This professional service draws attention to current and important items of news
 and members are directed to the hosts' websites

InfoUpdate 5 of 2010
Government and Legislation 

Electronic copies of this information may be obtained from our librarians at help@lawlibrary.co.za or click on the underlined hyperlink where relevant

Legislation

Child Justice Act

Funding could hamper Child Justice Act - 24 February
A number of members of Parliament have expressed doubted the Child Justice Act will be implemented as scheduled. The legislation is due to take effect at the beginning of April and deals with children who commit crime. - Eye Witness News website

Ministry confident Child Justice Act will be passed on time - 24 February
The Justice Ministry said on Tuesday it was confident the long-awaited Child Justice Act will be implemented in April. The act was signed into law in 2009 and is scheduled to be introduced on 1 April in 2010. - Eye Witness News website

Companies Act, 2008

Companies Act awareness campaign planned by DTI - 25 February
Rob Davies, the Trade and Industry Minister announced today that he is launching a campaign to publicise the 2008 Companies Act, which he reckons will come into force in the third quarter of this year. The act, he explained during a press briefing in Parliament, makes major changes to the regulation of business. In particular it simplifies the system for registering a new company, and it removes a huge administrative burden from small businesses, by not requiring audited financial statements from them. They will still have to produce statements, but they will not be audited. - Business Day website

Business act to change SA landscape - 27 February
Trade and Industry Minister Rob Davies believes new regulations will change the business landscape in the country. On Thursday Davies said the regulations would come into effect in the third quarter of 2010. - Eye Witness News website

Consumer Protection Act

Insurers warned to ensure baseline compliance with CPA : or face penalties - 23 February
Dramatic new product liability provisions which create a regime of strict liability. At its simplest level the new Consumer Protection Act does not impact on the provision of insurance services, however this is based on an assumption that the Long-term Insurance and the Short-term Insurance Acts are in line with the CPA. - itinews website

See below

Electronic Communications Act 36 of 2005 ; the Broadcasting Act 4 of 1999 ; and the Independent Communications Authority of South Africa 13 of 2000
Reasons Document on Digital Migration
GenN 132/GG 32957/15-02-2010

What 'universal access' means - 25 February
Communications Minister Siphiwe Nyanda has spelt out what the "universal access" promised in the Electronic Communications Act will mean. In an announcement in the Government Gazette, Nyanda said rural communities would get community radio stations, Internet access and at least one working public phone for every 2 000 people. And each province should have at least one community television station. - IOL website

Draft Policy on the Restructuring of the Road Accident Fund as Compulsory Social Insurance in Relation to the Comprehensive Social Security System
For written representations or comments by 14 April 2010

New on Parliamentary Monitoring Group website

Child Justice Act

Regulations and Implementation Plan as of 17 February 2010
http://www.pmg.org.za/report/20100217-child-justice-act-regulations-and-implementation-plan

Briefing - 17 February
http://www.pmg.org.za/report/20100217-child-justice-act-regulations-and-implementation-plan

Implementation : progress report as of 23 February 2010
http://www.pmg.org.za/report/20100223-progress-report-implementation-child-just-act-75-2008

DTI to prepare businesses for new Companies Act - 25 February
Polity website

The Department of Justice and Constitutional Development is requesting comment on a draft bill, the Criminal Procedure Amendment Bill, 2010

The purpose of the Criminal Procedure Amendment Bill, 2010 is to amend the Criminal Procedure Act, 1977, so as to bring the provisions relating to the use of force when effecting an arrest into line with a judgment of the Constitutional Court, as discussed in the (draft) Memorandum on the Objects of the Bill.

Comments can be emailed to Mr J A de Lange at jdelange@justice.gov.za  on or before 24 March 2010.

Division of Revenue Bill [B4-2010] Part 1 and Part 2

Submissions and Hearings

The Select Committee on Appropriations invites stakeholders and interested parties to submit written submissions on the Division of Revenue Bill [B4-2010) that was tabled together with the 2010/2011 Budget on 17 February 2010.

The Money Bills Amendment Procedure and Related Matters Act No 9 of 2009 requires Parliament to conduct public hearings and to report on the Division of Revenue Bill. This Bill provides for the equitable division of revenue raised nationally among the national, provincial and local spheres of government for the 2010/11 financial year and the responsibilities of all three spheres.

Public hearings will be conducted in Parliament on Friday, 5 March 2010.

Comments can be emailed to the Committee Secretary, Mr Lubabalo Nodada at lnodada@parliament.gov.za by no later than 12:00 on Thursday, 4 March 2010.

Enquiries telephone Mr Lubabalo Nodada : 021-403 3669 / Cell 083-412 1526

Issued by : Hon T E Chaane, MP, Chairperson : Select Committee on Appropriations (National Council of Provinces)

New on Polity website

Appropriation Bill [B3–2010]
http://www.polity.org.za/article/appropriation-bill-b3-2010-2010-02-18

The new Consumer Protection Act, 2008 : liability of the manufacturer for defective products : an update - 25 February
http://www.polity.org.za/article/the-new-consumer-protection-act-2008-liability-of-the-manufacturer-for-defective-products-an-update-2010-02-25

Division of Revenue Bill [B4–2010]
http://www.polity.org.za/article/division-of-revenue-bill-b4-2010-2010-02-18

Draft Intellectual Property Laws Amendment Bill [B–2009]
http://www.polity.org.za/article/intellectual-property-laws-amendment-bill-b-2009-2010-02-26

National Environmental Management : Air Quality Act 39 of 2004
Proposed regulations: Application form and format for atmospheric emission license and matters pertaining to the implementation of the atmospheric emission licensing system
GN 141/GG 32962
http://www.polity.org.za/article/national-environmental-management-air-quality-act-392004-proposed-regulations-application-form-and-format-for-
atmospheric-emission-license-and-matters-pertaining-to-the-implementation-of-the-atmospheric-emission-licensing-system-gazette-no-32962-notice-14

South African National Cybersecurity Policy
http://www.pmg.org.za/node/20036

The Department of Communications requests comments on its Draft South African National Cybersecurity Policy  made in terms of section 3(1) of Electronic Communications Act, 2005.

Comments can be emailed to Mr Jabu Radebe at cybersecurity@doc.gov.za by 19 March 2010.

Enquiries :
Telephone Mr Jabu Radebe : 012-427 8038

Issued by Gen (Ret) Siphiwe Nyanda : Minister of Communications

Draft cyber policy welcomed, criticised - 25 February
Legal experts have welcomed the Department of Communications' (DOC's) draft policy on cyber security, but point out that the private sector has not been incentivised to participate. Gazetted on 19 February, the policy outlines the DOC's intentions to tighten up coordination of cyber security throughout all sectors of the country, in line with international trends as set out by a United Nations General Assembly resolution passed in 2001. Public comment is due around 20 March. - itweb website

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society