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

4 September 2009

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

InfoUpdate 19 of 2009
Government and Legislation

Legislation

Competition Amendment Bill

GG 32533/28-08-2009

Zuma promises action on competition legislation - 27 August
President Jacob Zuma has denied criticism there is a hidden agenda behind the delay in enacting stricter new competition laws. Zuma's predecessor Kgalema Motlanthe refused to sign the bill late last year after questions were raised about its constitutionality. - Eye Witness News website

Zuma step on competition law surprises big business - 31 August
Big business was taken by surprise at the weekend when the Competition Amendment Bill, vetoed twice by the Presidency on fears it would not pass constitutional muster, was signed into law. The controversial new law, which business lobbied doggedly against for 18 months - with its provisions on "complex monopolies" and criminal sanctions against directors - places a heavy burden on executives. Under the new act, directors and managers can be held personally liable, and face tough prison terms and fines, for cartel or price-fixing activities. - Business Day website

Films and Publications Amendment Act

GG 32534/28-09-2009

[Source : www.Twitter.com/sabinetaw  / Mary]

See full link below

'Censorship under guise of protecting rights' - 6 September
The newly signed Film and Publication Amendment Act has been slammed as "a grave intrusion" on freedom of expression in this country. The Freedom of Expression Institute said yesterday that it was "deeply disappointed" that the act had been signed into law. - IOL website

'Flawed' media bill becomes law - 1 September
The Films and Publications Amendment Bill, described by critics as deeply flawed and unconstitutional, has been signed into law. When it was introduced in 2006, the media industry protested that it paved the way for pre-publication censorship and criminalised free expression. Although a version was approved by Parliament, then-president Kgalema Motlanthe in January this year decided not to sign it into law, and referred it back to the legislature. - IOL website

Protection of Personal Information Bill

New law protects personal info - 28 August
A strict piece of legislation, which prohibits any institution from divulging personal information without a good reason, has been given the green light by Cabinet. According to this law, institutions are no longer allowed to sell lists of people's personal information to especially telemarketers. The legislation requires that each person on such a list must first be contacted and their permission obtained before their information may be sold. Furthermore, telemarketers may only phone members of the public once. - News24 website

Protection of Personal Information Bill goes for EU model - 27 August
The South African Law Reform Commission (SALRC), in their recommendations to the department of justice and constitutional affairs on the Protection of Personal Information Bill, now tabled, chose the EU approach to information protection, which focuses on the "processing" of data, rather than the USA and Australian approach which tends to place emphasis on the "collection" of data. The new bill aims to give effect to the right to privacy by ensuring that the personal information of an individual is safeguarded when being processed by "responsible" parties. - SabinetLaw website

See full link below

Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA)

Confusion surrounds RICA - 21 August
An ITWeb investigation over the last week revealed several retail outlets in the greater Johannesburg area have little or no idea what the new regulations entail. Many also have no access to registration technologies promised by the mobile operators. - ITWeb website

'RICA hiccups to be expected' - 24 August
Last week, ITWeb revealed that several retail outlets in the greater Johannesburg area are still confused about their role in the implementation of the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA). ITWeb also discovered that several immediately accessible SIM cards are still available for purchase without registration. - ITWeb website

Taxation Laws Amendment Bills

1 September 2009
Introductory speech by Finance Minister Pravin Gordhan on Taxation Laws Amendment Bills in the National Assembly
SA Government Information website

Bill to provide individual tax relief - 1 September
Individuals will receive tax relief of R13.5 billion in the 2009 Taxation Law Amendment Bills, Finance Minister Pravin Gordhan said today. - The Times website

See full link below

Tobacco Control Act

Tobacco acts signed into law - 31 August
Two pieces of legislation that dramatically increase smoking fines and crack down on tobacco companies have been signed into law, the National Council Against Smoking said on Monday. "The new laws will have dramatic, important and far-ranging effects on public health and the tobacco industry's marketing activities," said council director Yussuf Saloojee. The acts were passed by Parliament in 2007 and 2008. - News24 website

What you need to know about the new Tobacco Products Control Amendment Act - 2 September
Moneyweb website

Traditional Courts Bill

Department of Justice briefing - 1 September
Parliamentary Monitoring Group website

Consultation on traditional courts bill makes same old mistake - 1 September
Traditional courts are a standard feature of the ordinary rural South African’s life. Compared with state courts, they are informal, inexpensive and readily accessible. They are evidently here to stay and have the potential to assist the government to deliver justice to its citizens. These courts operate under the Black Administration Act 38 of 1927, which undeniably requires reform. And because these courts may not always conform to the constitution, there is the obvious need to co-ordinate their rules and practices with it. The Traditional Courts Bill is meant to provide for all of this. - Business Day website

New on Parliamentary Monitoring Group website

Notice of proposed negotiation of an Agreement for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income with the Government of the Republic of Senegal
Deadline : 24 August 2009
GN 846/GG 32505

Child Justice Draft Regulations

Constitution Seventeenth Amendment Bill

Magistrates Court Rules. Amendments

Civil Regional Court Jurisdiction

Explanatory Memo

Postbank Draft Bill

Protection of Personal Information Bill [B9-2009]

South African Post Office Bill

New on Polity website

Appropriation Act 16 of 2009

Constitution Seventeenth Amendment Bill [B8 - 2009]

Defence Act 42 of 2002
Regulations for the Reserve Force
GNR 799/GG 32453

Electricity Regulation Act 4 of 2006
Electricity Regulations on New Generation Capacity
GNR 721/GG 32378

Electronic Communications Act 36 of 2005
Regulations setting out the minimum standards for end-user and subscriber service charters
GNR 774/GG 32431

Films and Publications Amendment Act 3 of 2009
http://www.polity.org.za/attachment.php?aa_id=23220

Hazardous Substances Act 15 of 1973
Declaration of leaded paint as Group 1 hazardous substance
GN 801/GG 32455

Magistrates Courts Act 32 of 1944
Creation of sub districts and the appointment of a place within the sub-district for the holding of a court
GN 776/GG 32433

Marine Living Resources Act 18 of 1998

Amendment of Regulations for the Management of Boat-Based Whale Watching and Protection of Turtles
GNR 802/GG 32457

Amendment of Regulations for the Management of White Shark Cage Diving
GNR 803/GG 32457

Invitation to apply for permits to undertake boat-based whale and dolphin watching and white shark cage diving
GN 839/GG 32492

Medicines and related Substances Act, 1965
Regulations : Transparent pricing system for medicines and scheduled substances
GNR 757/GG 32427

National Environmental Management : Protected Areas Amendment 15 of 2009

National Ports Act 12 of 2005

Directives in terms of section 30 (3)
GN 825/GG 32480

Regulatory Principles
GN 824/GG 32480

Policy on White Shark Cage Diving : Amendments
GN 804/GG 32458

Protection of Personal Information Bill [B9 - 2009]

Road Traffic Management Corporation Act 20 of 1999
Amendment : Road traffic Management Corporation Regulations
GNR 758/GG 32428

South African Schools Act 84 of 1996
Draft amendment of requirements for the administration of surveys
GN 843/GG 32499

Taxation Laws Amendment Bill [B10-2009]
http://www.polity.org.za/attachment.php?aa_id=23225

Taxation Laws Second Amendment Bill [B11-209]
http://www.polity.org.za/attachment.php?aa_id=23224

Tobacco Products Control Amendment Act 23 of 2007
http://www.polity.org.za/attachment.php?aa_id=23219 

Tobacco Products Control Amendment Act 63 of 2008
http://www.polity.org.za/attachment.php?aa_id=23218 

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