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

10 July 2009

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

InfoUpdate 13 of 2009
Government and Legislation

Legislation

Appropriation Bill

8 July 2009
Introductory remarks to the National Council of Provinces Finance Minister Mr Pravin Gordhan
SA Government Information website

Appropriation Bill presented to NCOP - 8 July
Finance Minister Pravin Gordhan presented the Appropriation Bill to the National Council of Provinces (NCOP) on Wednesday. The original Bill, tabled in February along with the budget, had to be changed according to the new Cabinet structure announced by President Jacob Zuma in May. President Zuma split many departments in his new administration as well as created new ones. -
BuaNews Online website

Companies Act, 2008

Companies Act 2008 : provisions affecting directors - 2 July
The new Companies Act (Number 71 of 2008) (the Act) was signed by the President on 8 April 2009. It is set to replace the existing Companies Act of 1973 and is therefore the first substantial change to this important area of the law in more than three decades. The Act will, inter alia, introduce a number of important provisions relating to directors and in this note we discuss some of the more significant of those provisions. - Article by Jan Bouwman of Bell Dewar on the
Mondaq website
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Co-operative Banks Act

9 July 2009
Press release : Regulations and draft rules for co-operative banks
SA Government Information website

Regulations and draft rules for co-operative banks - 9 July
National Treasury has gazetted regulations governing co-operative banks in South Africa. These regulations have been promulgated in terms of the Co-operative Banks Act. The Co-operative Banks Act hopes to promote access to financial services, especially by previously excluded South Africans, by establishing a regulatory framework and development institution for co-operative banks. It also requires existing financial co-operatives meeting a set criteria to apply for registration as a co-operative bank by 31 July 2009. -
Moneyweb website

Regulation of Interception of Communications and Provision of Communication-related Information Amendment Act 48 of 2008 (RICA)

The Regulation of Interception of Communications and Provision of Communication-related Information Amendment Act 48 of 2008 (RICA) commenced on 1 July 2009. This Act amends the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002. The new RICA Act impacts directly on all cellphone users, by requiring all electronic communication service providers, to record and store the information, in respect of all customers, whose SIM-cards are activated on its system.

Source : LexisNexis

30 June 2009
Minister of Justice and Constitutional Development : briefing on Regulation of Interception of Communications and Provision of Communication Related Information Amendment Act
Parliamentary Monitoring Group website

30 June 2009
Commencement of the regulation of Interception of Communications and Provision of Communication Related Information Amendment Act, 2008
SA Government Information website

See also : South Africa. Communications

Draft Taxation Second Laws Amendment Bill

Law society rejects 'draconian' powers sought by Sars - 2 July
The "draconian" powers sought by the South African Revenue Service (Sars) in terms of draft legislation should be rejected as unconstitutional, the Law Society of South Africa (LSSA) said on Thursday. "At the very least they should be postponed for further investigation and proper consultation with interested bodies and organs of state," it said. -
Mail & Guardian website

Concession gives tax relief - 6 July
The Draft 2009 Taxation Laws Amendments contain a proposal that, if enacted, will allow individuals to transfer their domestic residence out of a company or close-corporation, for a period of two years, tax-free. The motivation for the proposal was to allow such entities to avoid the payment of annual duties. -
Cape Business News website

New on Polity website

Customs and Excise Act, 1964

Amendment of Rules (DAR/54)
GNR 699/GG 32348

Amendment of rules (DAR/55)
GNR 700/GG 32348

Electricity Act 41 of 1987
Licence fees payable by licenced generators of electricty
GN 689/GG 32331

Health Professions Act, 1974
Regulations defining the scope of the profession of environmental health : amendment
GNR 698/GG 32334

Higher Education Act 101 of 1997
Call for comments on the minimum admission requirements for higher certificate, diploma and degree programmes requiring a national certificate (vocational) at level 4 of the National Qualifications Framework before 30 June 2009
GN 696/GG 32343

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