Professional Update
A
monthly newsletter for KZN Attorneys from the Kwazulu-Natal Law Society

1 June 2009

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

InfoUpdate 11 of 2009
Government and Legislation

Legislation

Child Justice Act

Child Justice Act to protect SA's children - 28 May
Former President Kgalema Motlanthe signed the Child Justice Act (Act No 75 of 2008) on 14 May 2009. The Act will come into operation on 1 April 2010. This piece of legislation will work towards improving service delivery to children in courts and the justice environment as a whole. Among its main objectives, the Act seeks to establish a criminal justice system for children who are in conflict with the law or are accused of committing criminal offences. - BuaNews Online website

Companies Act

Law gets tough on compliance - 19 May
Companies that fail to keep accurate accounting records may be in for hefty fines of up to R1m or their directors could even face jail time, according to new company laws. The Companies Commission, which is intended to replace the existing Registrar of Companies, may impose an administrative fine of up to 10% of a company's turnover for the period that failure to comply with the act took place. Stephen Kennedy-Good, of commercial law firm Deneys Reitz, said yesterday that under the Companies Act the power of the Registrar of Companies to impose fines was limited. The Companies Act gives the Companies Commission the power to issue a compliance notice to any person who has contravened the act. The notice may require the person concerned to cease, correct or reverse any action in contravention of the law. - allAfrica website

Competition Amendment Bill

Possible constitutional law issues delay amendments to the competition act - 28 May
The Amendment Bill to the Competition Act has not yet come into effect due to concerns about the constitutionality of certain provisions. The amendments include provisions that directors or certain managers who cause (or acquiesce to) a firm engaging in cartel conduct are guilty of a criminal offence. The competition authorities will however not have jurisdiction to deal with these criminal offences which will be prosecuted by the State prosecutors in the civil courts. - LawFuel website

Consumer Protection Bill

New law allows consumers to cancel unfair contracts - 30 April
Nomfundo Maseti, the acting deputy director-general in the DTI, said the primary purpose of the act is to protect consumers from exploitation and unfair practices by unscrupulous businesses, and to empower consumers to make wise purchasing decisions. "It achieves this by introducing, among others, a system of product liability and improved redress. Producers, distributors or suppliers, will be liable for any damages in the form of death, injury, loss, or damage to property and economic loss, to the consumer or third party", she said. The act decriminalises certain conduct and subjects it to administrative sanctions, while it also enables consumers to demand refunds if goods are of an inferior quality. -
The Witness website

Bill gives consumers more rights - 3 May
Consumers will now be better protected by a new consumer law, but the lack of widespread information on the legislation means most South Africans could still be vulnerable to unscrupulous businesses practices. President Kgalema Motlanthe signed into law the new Consumer Protection Bill late last week, the department of trade and industry said. The Bill promises stricter controls over suppliers of all consumer goods and services. -
The Times website

No more 24 month lock-ins - 2 June
24 month 'lock-in' contracts may be a thing of the past when the new Consumer Protection Act comes into effect in April next year.  The new Act gives consumers the right to cancel any contract with 20 days notice. Cancelling a contract will however not be without penalties.  The consumer will still owe all outstanding costs to the supplier and there may be a contract termination fee for cancellations. - MyBroadband website

Muslim Marriages Bill

6 May 2009
Muslim marriages
SA Government Information website

See also : Constitutional Court. Muslim Marriages Bill

Protection from Harassment Bill

8 May 2009
Protection from Harassment Bill
SA Government Information website

Protection from Harassment Bill in South Africa - 27 May
The Protection from Harassment Bill has been published in the Government Gazette on 8 May 2009 for public comment. The existing civil law framework that provides for an interdict, and the existing criminal law framework that punishes stalking conduct as a crime or prohibits such conduct by means of a binding over of a person to keep the peace, also known as "peace orders," may not provide adequate recourse to victims of stalking who are not in a domestic relationship. The Bill shows many similarities with the Domestic Violence Act, 1998, which, however, is limited to persons who are in domestic relationships. - eGov Monitor website

Taxation Laws Amendment Bills

The National Treasury has released for public comment a draft of the taxation laws to give effect to the tax proposals announced in the 2009 Budget and outlined in the 2009 Budget Review (available on www.treasury.gov.za). A draft of the 2009 Taxation Laws Amendment Bills can be found on the websites of the National Treasury or SARS (www.sars.gov.za).

Press release

Explanatory memorandum

Taxation Laws Amendment Bill

Taxation Laws Second Amendment Bill

Source : OSALL (Lara)

New on Polity website

Broadcasting Amendment Act 4 of 2009

Child Justice Act 75 of 2008

Companies Act 71 of 2008

Competition Act 89 of 1998
Guideline on small merger notification
GN 386/GG 32128/17-04-2009

Consumer Protection Act 68 of 2008

Customs and Excise Act 91 of 1964
Amendment of Rules (No DAR/49)
GNR 427/GG 32132/17-04-2009

Films and Publications Act 65 of 1996
Guidelines to be used in the classification of films, interactive computer games and certain publications
GN 492/GG 32197/06-05-2009

Landscape Architectural Profession Act 45 of 2000
South African Council for the Landscape Architectural Profession : Identification of work : Draft identification of work document for public comment
BN 56/GG 32154/24-04-2009

Medicines and Related Substances Amendment Act 72 of 2008

Mine Health and Safety Amendment Act 74 of 2008

Minerals and Petroleum Resources Development Act 49 of 2008

Publication of the Housing and Living Conditions Standard for the Minerals Industry
GN 445/GG 32166/29-04/-2009

Money Bills Amendment Procedure and related Matters Act 9 of 2009

National Conventional Arms Control Amendment Act 73 of 2008

National Energy Regulator of South Africa

South Africa Renewable Energy Feed-in Tariff : Regulatory Guidelines
GN 382/GG 32122/[April 2009]

National Land Transport Act 5 of 2009

Petroleum Pipeline Levies Act 28 of 2004
National Energy Regulator : Levy on Petroleum Pipelines Industry
GN 384/GG 32124/16-04-2009

Draft  Prevention and Combating of Trafficking in Persons Bill
GN 431/GG 32222/08-05-2009
Deadline : 15 June 2009

Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009

Rules Board for Courts of Law Act 107 of 1985)
Magistrates Courts : Amendment of the Rules of Court
GNR 515/GG 32208/08-05-2009

South African Maritime Authority Amendment Bill, 2009
Publication for comments : Deadline : 22 May 2009
GN 357/GG 32102/15-04-2009

Western Cape Inherited Debt Relief Act 7 of 2009

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