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

27 August 2010

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

InfoUpdate 19 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

DA warns bills will centralise power in ANC - 11 August
A host of legislative and policy proposals under discussion indicated a drive by the African National Congress to centralise power and undermine fundamental principles of the constitution, Democratic Alliance parliamentary leader Athol Trollip said yesterday. A total of 18 legislative and policy proposals by the ANC "seeks to centralise power and place even greater powers of surveillance and control under the authority of the national government", Mr Trollip said at a media conference to release a DA discussion document, The Centralisation of Power Under the ANC. - Business Day website

Basic Conditions of Employment Act ; Employment Services Bill ; Labour Relations Act

Confidential draft legislation will destroy jobs - 9 August
Four key draft amendment bills to our existing labour legislation are currently before cabinet. Individually and jointly they propose a series of changes that are, in a number of cases, profoundly problematic and, if left in their current form, will have the effect of destroying rather than creating jobs, on the one hand, and further centralising power in the hands of the executive, on the other. - Moneyweb website
Keyphrases :
Bargaining Councils
Labour brokering
Labour Courts
Labour inspectors
Statutory Councils
Temporary employment

Shoddy labour-broking legislation sent back - 8 August
Important new labour legislation affecting labour-broking and other issues was so shoddily written the Cabinet refused to accept it and the proposed new laws have to be redrafted. Omission of clauses relating to labour brokers, new powers for the Labour Court including exclusive jurisdiction over constitutional matters arising from labour disputes, and new powers for labour inspectors to enter premises without a warrant, are some of the wild proposals Cabinet sent back to the Department of Labour to be redrafted. - City Press website

New labour laws rejected by cabinet  - 9 August
The Department of Labour would neither confirm nor deny that four controversial draft bills - which the DA has warned could cost jobs - had been sent back by the cabinet for re-drafting. Acting director-general of labour Sam Morotoba was responding yesterday to a report that draft legislation - affecting labour brokers and new powers for labour inspectors and the Labour Court - was so deficient that it was being put through a regulatory impact assessment. - Business Report website

Minister denies legislation was shoddily written - 10 August
Labour Minister Membathisi Mdladlana on Monday denied reports that labour legislation affecting labour broking and other issues was "shoddily" written to an extent that Cabinet refused to accept it. Mdladlana applauded the black lawyers who drafted the bills and said that black lawyers were always associated with incompetence and lack of professionalism. - Polity website

Employment services bill will damage job market : DA - 17 August
Draft legislation now before Cabinet will make the labour department a massive labour broker and severely restrict the free market in employment, the Democratic Alliance said on Tuesday. The draft Employment Services Bill was an ominous indication of an ANC shift towards implementing aspects of a planned economy, DA spokesman Ian Ollis said. It would hamper job creation and represented another attbempt to centralise control ahead of promoting entrepreneurship and investment. - Business Report website

3 problems with draft labour bill : Ian Ollis - 17 August
The Democratic Alliance views the draft Employment Services Bill and its explanatory memorandum, recently leaked in the media and currently being tabled before cabinet, as an ominous indication of an ANC shift towards the implementation of aspects of a planned economy. The DA believes it will hamper job creation and represents another attempt to centralise control ahead of promoting entrepreneurship and investment. The provisions detailed in the Bill would see the creation of more administrative layers and bureaucracy for South African firms trying to remain flexible and internationally competitive. It's ossification of what should be a fluid labour market will be totally out of step with the highly flexible and ever-changing labour needs of private industry. - Politicsweb website

Consumer Protection Act

Consumer Protection Act due in October - 20 August
South Africans have lived in something close to the consumer dark ages for many years. From suffering under the weight of dubious and purposefully unclear hire purchase arrangements to paying the price for a service provider's inability to cancel a contract (as requested!), we have a history of struggling to take action when we really should. One of the reasons for this is the fact that the law hasn't exactly been on our side. For years, entrenched monopolies and a lack of strong consumer protection laws have tipped the scales against consumers. But all that changes on 24 October, when the new Consumer Protection Act (CPA) comes into effect. - NewsTime website

Co-operative Governance and Traditional Affairs Bill

Zuma ban on cadres - 8  August
President Jacob Zuma wants to bar politicians from holding senior municipal management jobs – a clear sign that the policy of cadre deployment has harmed local government. But he will face resistance at next month's ANC national general council because local leaders depend on municipal jobs for their income, to secure patronage and control tenders. - City Press website

DA commends curtailment of cadre deployment - 9 August
News that the Co-operative Governance and Traditional Affairs bill aims to prevent people who hold senior positions in a political party from occupying jobs in municipal management is to be welcomed. The bill is a clear indication and admission on the part of the ANC government that cadre deployment is damaging state institutions in the pursuit of power and patronage. - Politicsweb website

Criminal Law (Sexual Offences) Amendment Act

17 August 2010
Sexual Offences legislation and National Policy framework implementation : Departmental briefing
Parliamentary Monitoring Group website

Sex Offences Act : ACDP cites gaping holes - 17 August
The African Christian Democratic Party on Tuesday urged the justice department to comply with the outstanding obligations of the Criminal Law (Sexual Offences) Amendment Act. The Act contained 16 obligations state departments were required to complete by December 2008, ACDP spokesperson Steve Swart said. These obligations were intended to enable those state departments to give full effect to the provisions of the Act in an attempt to combat, and ultimately, eradicate the high level of sexual offences in South Africa. - IOL website

Defence Amendment Bill

17 August 2010
Statement by Lindiwe Sisulu, Minister of Defence and Military Veterans, on the Defence Amendment Bill
Polity website

Gender Equality Bill

Bold Gender Equality Bill to set new standards - 9 August
A new Bill is in the pipeline that will see gender parity measures being enforced across all sectors of society.  For the Minister for Women, Children and Persons with Disabilities Noluthando Mayende-Sibiya, while progress has been made with regard to gender parity, more still needs to be done and she is confident the new Bill will go a long way in achieving this. - BuaNews Online website

ANC backs gender parity bill - 9 August
We therefore call upon our Parliament to fast track the Gender Equality Bill discussions, as proposed by the Ministry for Women, Children and Persons with Disabilities.  This Bill will ensure that it enforces gender parity measures across all sectors of society. - Politicsweb website

Intellectual Property Rights from Publicly Financed Research and Development Act 51 of 2008

Regulations made in terms of Section 17
GNR 675/GG 33433
http://www.polity.org.za/article/intellectual-property-rights-from-publicly-financed-research-and-development-act-act-
no-51-of-2008-regulations-made-in-terms-of-section-17-gazette-no-33433-regulation-675-2010-08-12

Internet and Cell Phone Pornography Bill

The return of fake morality? - 16 August
The fact that a state body like the Film and Publication Board, with the assistance and support of the Deputy Minister of Home Affairs, teamed up with a very reactionary, homophobic, anti-abortion, religious group, is truly shocking as it sends a signal that a state institution has chosen sides against the values of openness, respect for difference, freedom of religion and opinion and human dignity ensrined in the Constitution. - Pierre de Vos on the Constitutionally Speaking blog
Keyphrase :
Family Policy Institute

The Windows of Heaven (and your wallets) are open! - 27 August
If I ever wavered in my commitment to remain a constitutional democrat and if I ever feared that I would fall into the arms of dangerous spin merchants, there will always be people like Mr Errol Naidoo (who is the director of an outfit called the "Family Policy Unit") to keep me on the straight and narrow (no pun intended). - Pierre de Vos on the Constitutionally Speaking blog

See also : InfoUpdate 17 of 2010

Local Government : Municipal Systems Amendment Bill [B22-2010]

18 August 2010
Local Government : Municipal Systems Amendment Bill [B22-2010] : Deputy Minister briefing
Parliamentary Monitoring Group website

National Education Policy Act

Education Information Policy : Amendment of Education Information Policy
GN 677/GG 33426
http://www.polity.org.za/article/national-education-policy-act-education-information-policy-amendment-of-education-
information-policy-gazette-no-33426-notice-677-2010-08-12

Protection from Harassment Bill, 2010

4 August 2010
Protection from Harassment Bill, 2010 : Department of Justice briefing
Parliamentary Monitoring Group website

Protection of Information Bill

Our plan to fight state secrecy law : Zille - 5 August
The Protection of Information Bill currently before Parliament poses the gravest legislative threat to our constitutional democracy since 1994. We in the Democratic Alliance will fight the Bill with every means at our disposal. Today I would like to share this battle plan with you. - Politicsweb website

Zille vows to fight Information Bill - 6 August
DA leader Helen Zille vowed on Thursday to use "every means available" to fight the Protection of Information Bill, which she said was the "gravest legislative threat to our constitutional democracy since 1994". Zille spelt out her battle plan - which includes approaching the Constitutional Court as a last resort - at Parliament yesterday. - IOL website

Zille believing her own propaganda : ANC - 9 August
The Office of the ANC Chief Whip has noted with interest Helen Zille's plan, which she announced in the media, to secretly lobby individual ANC MPs to vote against the Protection of Information Bill, which is currently before parliament. In line with our commitment to the principle of participatory democracy, the ANC has always remained open to any engagement either inside or outside parliament on critical issues affecting our society. - Politicsweb website

Cwele to brief MPs on Protection Information Bill - 10 August
State Security Minister Siyabonga Cwele will come to Parliament on Friday to address Members of Parliament on the Protection of Information Bill, which has set the stage for a showdown between government and the media. Cecil Burgess, the chairperson of the ad hoc committee handling the controversial bill, said tht Cwele had intended to do so on Tuesday but needed time to study developments around the bill, having been away on a State visit to Russia. - Polity website

Information bill meeting delayed - 12 August
State Security Minister Siyabonga Cwele has asked for more time to consider submissions made on the protection of information bill. This has led to a postponement, of several weeks, of Cwele's scheduled briefing to a special parliamentary committee dealing with the bill. - News24 website

MPs want independent advice on new bill - 10 August
The Parliamentary ad hoc committee considering the bitterly contentious Protection of Information Bill is pressing for an outside legal opinion on its constitutionality. Cecil Burgess, the committee chair has undertaken to talk to both the speaker and the secretary of Parliament to discover if he is allowed to invite outside legal assistance, and if Parliament can afford it. - Business Report website

13 August 2010
Protection of Personal Information Bill : Deliberations
Parliamentary Monitoring Group website

Read all about the info bill . . . while you still can - 15 August
The information bill and proposed media tribunal pose a threat to media freedom. Rowan Philp outlines some of the things newspapers would not be able to tell you - Times Live website

Academic bets salary on info bill - 17 August
A University of Cape Town academic has offered to hand over a year of his salary to the chief state law adviser if the Protection of Information Bill passes scrutiny by the Constitutional Court. Constitutional law expert Professor Pierre de Vos proposed the wager during a Harold Wolpe Trust seminar at the university on Thursday evening. He said the court would find that the controversial bill, which seeks to set new rules for classifying information as secret, was simply too broad. - News24 website

Vavi questions Protection of Information Bill - 17 August
(Cosatu) secretary general Zwelinzima Vavi criticised the proposed Protection of Information Bill during the Ruth First memorial lecture at the University of the Witwatersrand (Wits) on Tuesday. - Mail & Guardian website

South Africa security minister should rework repressive information bill - 17 August
One week after sending an open letter to South Africa's President Jacob Zuma expressing concern at moves by the government and the ruling ANC party to pass an Information Bill and create a Media Appeals Tribunal answerable to Parliament, the International Press Institute (IPI) today called on South African Minister for State Security Siyabonga Cwele to seriously consider media and civil society recommendations on the Protection of Information Bill, and to bring its provisions in line with the South African constitution and with international press freedom standards. - International Press Institute website

Why now? - 19 August
There is no doubt that the media is facing the greatest threat to its freedom since the advent of democracy. The proposed Protection of Information Bill and Media Appeals Tribunal, the proposed Protection from Harassment Bill (which thankfully seems to have been put on hold), the proposed Independent Communications Authority of South Africa Amendment Bill and the proposed Public Broadcasting Service Bill all aim to tighten the control of the government over the free flow of information. - Pierre de Vos on the Constitutionally Speaking blog

A grotesque law that must be rejected in the name of freedom - 24 August
Nic Dawes, editor-in-chief of Mail & Guardian, on the Independent website

Protection of Info bill needs to be changed : Mbete - 24 August
African National Congress Chairperson Baleka Mbete on Monday said South Africa needs to a protection of information act to protect itself and its citizens from espionage. But she also said Parliament is slowing down the process of adopting the bill because there are problems with the current draft. - Eye Witness News website

Media has it wrong about secrecy law's victims - 25 August
Sometimes the national debate's confusions can help the grassroots citizens it usually ignores. This is surely why the Protection of Information Bill is being denounced by the media as a threat to journalists, despite the probability that it would do much to imperil the rights of citizens, particularly the poor, and little or nothing to threaten the media and those who work in it. - Steven Friedman on the Business Day website

Why Steven Friedman is wrong - 26 August
Steven Friedman, writing in Business Day yesterday, argued that journalists do not have much to fear from the proposed Protection of Information Bill. In the process of making an excellent point, namely that those that will be the hardest hit if the Bill is passed will be ordinary citizens who wish to engage in grassroots activism, Friedman wrongly interprets the punitive provisions of the Bill and completely underestimates the possible chilling effect of the Bill on the work of journalists. - Pierre de Vos on the Constitutionally Speaking blog

Friedman wrong on secrecy bill - 26 August
Professor Steven Friedman in an article in Business Day says that the media has it wrong about secrecy law's victims and that the failure of the media to analyse the bill accurately may be the only reason it has received so much attention. I humbly beg to differ. - Michael Trapido on the Thought Leader blog

ANC MP says info Bill 'goes too far' - 26 August
Make the press ombudsman more transparent and accountable to the public rather than impose a media tribunal in the form proposed by the African National Congress, a senior MP of the party has argued. ANC MP Ben Turok angrily denounced the media for being "irresponsible" and "irritating" during an M&G Critical Thinking Forum debate on media freedom in Cape Town on Wednesday, but said he agreed the Protection of Information Bill "goes too far" and that the proposed media appeals tribunal was not the solution. - Mail & Guardian website

SA parliament likely to change media bill - 26 August
South Africa's parliament is likely to change a proposed bill on state secrets that critics fear could hamper access to market-sensitive data and muzzle media investigations into corruption. "What I do expect is there will be a lot of changes", Cecil Burgess, chairman of an ad hoc parliamentary committee for the Protection of Information Bill, told Reuters on Thursday. - Business Report website

See also : Media [South Africa]

Public Service Broadcasting Bill

New bill will give minister control over SABC : Zille - 13 August
A proposed public broadcasting law will place the SABC under the control of the communications minister and mark a return to the days when the ruling party determined what was aired on television and radio, Democratic Alliance leader Helen Zille said on Friday. She said the Public Service Broadcasting Bill would "put the SABC under the de jure control of the minister of communications" by giving him authority over its finances and the power to issue directives to the board. - Business Report website

Rules Board for Courts of Law Act 107 of 1985 and Jurisdiction of Regional Courts Amendment Act 31 of 2008

Rules regulating the conduct of the proceedings of the Magistrates' Courts of South Africa published and Magistrates' Courts Rules of Court published in GNR 1108/GG 980/21-06-1968 repealed with effect from a date to be fixed by the Minister
GNR 740/GG 33487/23-08-2010

Source : OSALL (Annami)

South African Citizenship Amendment Bill

Citizenship Bill's penalty for fighting in foreign war criticised - 18 August
South Africans who fight for foreign countries in wars that the government "does not support" could in future lose their citizenship if new legislative proposals, which are themselves possibly unconstitutional, are approved. This emerged yesterday during parliamentary hearings on the South African Citizenship Amendment Bill when the Law Society of SA and the Citizen Rights Africa Initiative objected to the clause that provides for the automatic deprivation of citizenship in such instances. - allAfrica website

South African Human Rights Commission

18 August 2010
South African Human Rights Commission : Report on 1st quarter 2010/2011
Parliamentary Monitoring Group website
* * * Subscription required * * *

South African Reserve Bank Amendment Bill 2010

NA approves Reserve Bank Bill - 10 August
The National Assembly on Tuesday approved a bill designed to change the way that the South African Reserve Bank is governed and prevent shareholders disrupting its operations for their own gain. - Polity website

10 August 2010
Gordhan : Address by the Finance Minister on the South African Reserve Bank Amendment Bill 2010, National Assembly, Cape Town
Polity website

Central Bank bill needs urgent attention : Gordhan - 10 August
The potential destabilisation of South Africa's Reserve Bank by a few shareholders must be dealt with urgently, Finance Minister Pravin Gordhan said on Tuesday, adding that proposed amendments to the bank's shareholding structure would not affect its independence. Gordhan in May announced proposals seeking to tighten rules on shareholding in the central bank in a bid to stop private shareholders, who the state said were motivated by a desire for profit, from undermining the bank's independence. - Moneyweb website

The Select Committee on Finance invites stakeholders and interested parties to submit written submissions on the South African Reserve Bank Amendment Bill [B10-2010]

- The South African Reserve Bank Amendment Bill seeks to amend the South African Reserve Bank Act (Act No 90 of 1989) in order to achieve the following objectives :

- to amend the South African Reserve Bank Act, 1989, as to provide for the amendment of certain definitions, the insertion of new definitions and the deletion of a definition ;

- to provide for the establishment of a Panel for the election of directors to the Board and the functions of the Panel ;

- to reinforce the requirements regarding the limitation on shareholding in the South African Reserve Bank and to prevent the abuse. of those provisions ;

- to provide for the nomination of Directors by a broader base of the South African public and to broaden representation on the Board of the South African Reserve Bank ;

- to define clear criteria regarding when persons are disqualified from serving on the Board ;

- to provide for the confirmation of Board nominees against "fit and proper" and fiduciary criteria ;

- to clarify the powers and functions of the Board ; and

- to provide for the possibility of the Governor and Deputy Governors being re-appointed to serve terms of office of less than five years.

Public hearings will be conducted at Parliament on the 25 August 2010.

Submissions and your indication to make oral presentation can be emailed to the Committee Secretary, Mr Zolani Rento at zrento@parliament.gov.za  by no later than 12:00 on Monday, 23 August 2010.

Enquiries telephone 021-403 8071 / cell 083-707 2188

The Bill is also here : www.pmg.org.za/bill

Mlulami Dodo
Parliamentary Monitoring Group
Website : http://www.pmg.org.za
Access to all Parliamentary Committee information
Email : mlulami@pmg.org.za
Telephone : 021-465 8885

Superior Courts Bill

Judiciary to keep control of courts : Radebe - 25 August
The Superior Courts Bill would "radicalise the judiciary", giving it more powers to ensure the administration of courts was more in the hands of the judiciary than the executive, Justice Minister Jeff Radebe said yesterday. The latest version of the bill sees a significant departure from its predecessor. - Business Day website

Taxation Laws Amendment Bill

24 August 2010
Gordhan : Address by the Minister of Finance, on the Taxation Laws Amendment Bill, National Assembly, Cape Town
Polity website

See also : Gordhan moots new emissions tax for all vehicles [South Africa]

The following was tabled in Parliament yesterday [25 August 2010] : Taxation Laws Amendment Bill [B28-2010] and Voluntary Disclosure Programme and Taxation Laws Second Amendment Bill [B29-2010]

Source : OSALL (Lara)

Transport Laws Repeal Bill

The Portfolio Committee on Transport (National Assembly) invites all stakeholders and interested parties to submit written comments on the Transport Laws Repeal Bill [B19 -2010]

The Bill seeks to repeal certain obsolete or redundant transport laws : Amongst others,

Schedule 1 lists Acts that may be repealed in their entirety. For instance, the Schedule seeks to repeal some 20 Railway Construction Acts, dating back to 1939. These Acts authorised the construction of and equipment for railway lines at certain places in the country. The Schedule also seeks to repeal Acts that no longer serve any purpose. For example, the Railway and Habours Strike and Service Amendments Act, 1914 (Act no. 7 of 1914), granted employees who did not take part in the 1914 strike, special leave, a bonus, a. reward or special promotion, Since this Act no longer serves purpose it may be repealed.

Public hearings will be conducted at Parliament on Tuesday, 7 and Wednesday, 8 September 2010.

Comments can be emailed to the Committee Secretary Ms Dineo Martin at dmartin@parliament.gov.za by no later than 17:00 on Friday, 03 September 2010. Please indicate your interest in making a verbal presentation.

Enquiries telephone Ms Dineo Martin : 021-403 3601 ; cell 072-231 2337

The Bill is also available here: www.pmg.org.za/bill

Mlulami Dodo
Parliamentary Monitoring Group
W
ebsite : http://www.pmg.org.za
Access to all Parliamentary Committee information
E
mail : mlulami@pmg.org.za
Telephone :
021-465 8885

Water Research Act

Water Research Fund : rates and charges
GN 686/GG 33426
http://www.polity.org.za/article/water-research-act-water-research-fund-rates-and-charges-gazette-no-33426-notice-686-
2010-08-12

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