Broadcasting Act
24
June 2009
Broadcasting
Act to be amended : Nyanda
Bua
News Online
website
Companies
Act
The
Companies Act and ICT
- 21 June
The administration of companies has been brought into the twenty first
century - the information age. It is worth taking note because these
inclusions can save you time and money. However, there are also some
issues and regulatory requirements - this article will help you avoid
them. - Article by Jana van Zyl on the Michalsons
website
|
Constitution
Seventeenth Amendment Draft Bill
The Department of Justice and Constitutional Development intends
introducing the Constitution Seventeenth Amendment Draft Bill of
2009, in the National Assembly. The Bill is published for public
comment in accordance with section 74(5)(a) of the Constitution of
the Republic of South Africa, 1996.
Comments can be emailed to Mr J Labuschagne at Jolabuschagne@justice.gov.za
by no later than 17 July 2009
|
See
also : South
Africa. Zille slams Shiceka's 'do we need provinces?' statement
|
Draft
Constitutional Eighteenth Amendment Bill of 2009 and State Liability
Bill
Draft
Constitutional Eighteenth Amendment Bill of 2009 and State
Liability Bill
GN 689/GG 32289/01-06-2009
The
Constitution : just a piece of paper?
- 19 June
An uproar is brewing in legal and civil society circles who accuse
the department of justice of challenging the supremacy of the
Constitution. They say a draft Bill the department has quietly
introduced aims to change the Constitution in a way that will make
Parliament's decisions on one particular Act immune to the scrutiny
of the Constitution. The public has until July 1 to comment on the
Bill. "They are doing this pretty quietly," says Jonathan
Berger, senior researcher at the Aids Law Project. "I saw it in
the Government Gazette, but no one's really picked it up."
The call for public comments was also published on the department of
justice's website. - Mail
& Guardian
website
|
Second Hand
Goods Act
The
Second Hand Goods Act : keeping Steel, Ludlum, Grisham et al Safe
- 28 May
There are dark
and dangerous forces at work in the second-hand book industry that
the Second Hand Goods Act hopes to destroy. South Africans have been
oblivious of the growing threat of these unknown bands of criminals,
who have been breaking into homes and stealing novels by illustrious
authors such as Danielle Steel, Robert Ludlum, Wilbur Smith and John
Grisham. The novels are fenced through second-hand book dealers,
often rewarded by as much as R10 a book. Grisham in particular
attracts a hefty resale price tag. - Article by Business journo Maya
Fisher-French on the Book
SA News
blog
Draft State
Liability Bill
Changes
to liability act 'ineffective'
- 12 June
The Department of Justice has defended its proposed amendment to the
constitution and its draft State Liability Bill, saying they were
"an attempt to prevent future Nyathi cases". Dingaan
Nyathi fought a five-year battle for money the state acknowledged it
owed him after incorrect treatment at a public hospital left him
disabled. He died two months after it was eventually paid. Part of
the problem was Nyathi's inability to get the government to pay
up, despite a court order. Nyathi took issue with the 1957 State
Liability Act, which prohibited the attachment of state property in
order to satisfy a judgment debt. When the case came before the
Constitutional Court, Judge Tole Madala found the 1957 act was
unconstitutional "to the extent that it does not allow for
execution and attachment against the state". - Business
Day website
Bid
'harks back to old order'
- 11 June
Alarm bells are ringing about an attempt by the government to amend
the constitution, with critics saying it's a move to get around a
Constitutional Court ruling on the right of citizens to attach state
assets to get debt judgments and other claims paid. The draft
18th Constitutional Amendment Bill
and State Liability Bill are a response to the Constitutional
Court's ruling in a case involving a man named Nyathi, who had a
stroke as a result of negligent treatment at two State hospitals in
2002. - IOL
website
Proposed
State Liability law provides key test for government
- 17 June
Who in the government wants to make it harder for citizens to claim
the money to which they are entitled when they successfully sue the
state? The answer may tell us a great deal about the direction of
the new government. The department is indeed proposing to change the
law - but not to enable citizens to enjoy the right that the court
had established. Instead, a proposed amendment to the constitution
suggests inserting a clause that would read: "Despite any other
provision in the constitution, an act of Parliament must prescribe .
. . (procedures for litigating against the state and enforcing court
orders)". The change would, for the first time since 1994,
allow Parliament to pass a law that could not be constitutionally
challenged. - allAfrica
website
Grondwethof
bekyk kwessie van balju's wat nie staatsbates kan vat
- 18 June
Die konstitusionele hof gaan in Augustus 'n aansoek aanhoor waarin
die regering 'n jaar ekstra probeer kry om wetgewing oor sy
aanspreeklikheid in siviele gedinge op die wetboek te kry. - Beeld
website
ALP
opposes application to extend suspension of constitutional
invalidity of State
Liability Act
- [23 June]
On 2 June 2008, the Constitutional Court – in Nyathi v Minister of
Justice and Constitutional Development – declared section 3 of the
State Liability Act, 1957 to be unconstitutional "to the extent
that it does not allow for execution or attachment against the state
and that it does not provide for an express procedure for the
satisfaction of judgment debts". In its order, the Court
suspended the declaration of invalidity for 12 months so that
Parliament would have a reasonable opportunity to address the
constitutional defect in the law. In short, this meant that in the
meantime, the unconstitutional law continued to operate. A few days
before the 12-month deadline expired, the Minister of Justice and
Constitutional Development approached the Court for an extension of
the period of suspension. On 1 June 2009, the Court granted an
interim extension of the suspension period to 31 August 2009,
setting the matter down for oral argument on 12 August 2009. In
summary, the ALP is opposed to the Minister being granted a further
extension of the suspension period because . . . - Aids
Law Project website
See
:
Constitutional Court of South Africa
2 June 2008
CCT
19/07 [2008] ZACC 8
; 2008
(5) SA 94 (CC)
; 2008
(9) BCLR 865 (CC)
Nyathi v Member of the Executive Council for the Department of
Health Gauteng and Another
See
also :
Northern
Cape High Court. Minister in sop oor wanbetaling
New on
Parliamentary Monitoring Group website
State
Liability Draft Bill
New
on Polity website
2010
FIFA World Cup South Africa Special Measures Act 11 of 2006
2010 FIFA World Cup South Africa Special Measures Safety and
Security Regulations, 2009
GNR
680/GG 32326
Aviation
Act 74 of 1962
Amendment : Civil Aviation Regulations, 1977
GNR
674/GG 32315
Civil
Aviation Act 13 of 2009
Customs
and Excise Act, 1964
Amendment of Rules (no.DAR/51)
GNR 620/GG 32287
Amendment
of Rules (no.DAR/52)
GNR
645/GG 32304
Division
of Revenue Act 12 of 2009
Financial
Management of Parliament Act 10 of 2009
Income
Tax Act 58 of1962
Determination
of interest rate for purposes of paragraph (a) of the definition
of "Official rate of interest" in paragraph 1 of the
seventh Schedule
GN 618/GG 32280
National
Environmental Laws Amendment Act 14 of 2009
National
Environmental Management: Waste Act 59 of 2008
National
Railway Safety Regulator Amendment Act 69 of 2008
National
Road Traffic Act 93 of 1996
Amendment of the National Road Traffic Regulations
GNR 589/GG 32258
Pharmaceutical
Manufacturers/Importers : Revised procedure for updating single
exit prices with the Department of Health
GN 575/GG 32245/22-05-2009
Prevention
of, and Treatment for, Substance Abuse Act 70 of 2008
Public
Finance Management Act 1 of 1999
Ministerial Committee for the review of the National Student
Financial Aid Scheme
GNR
675/GG 32317