FINAL AUDIT REPORT OF THE JOINT AD-HOC COMMITTEE ON SOCIO-ECONOMIC DEVELOPMENT

SOCIO-ECONOMIC RELEVANT LEGISLATION PASSED BY SOUTH AFRICA SINCE 1994

31 November 2005

 

NUMBER

LEGISLATION

SUMMARY

YEAR PASSED

SECTOR/ISSUE COVERED

 

Housing Amendment Act (8 of 1994)

The Act amends the Housing Arrangements Act of 1993 so as to insert certain definitions and to substitute or delete others. It extends the application of the Act throughout the Republic and further regulates the establishment and composition of Provincial Housing Boards and certain committees in each of the provinces.

It makes transitional arrangements regarding the abolition of Regional Housing Boards and committees in the former Provinces.

1994

Housing

 

Housing Second Amendment Act (33 of 1994)

The Act amends the Housing Act of 1966 so as to make further provision for assistance to natural persons for housing purposes. It also amends the Housing Arrangements Act of 1993 so as to insert certain definitions and to make provision for the appointment of an Executive Committee of a Provincial Housing Board.

 

1994

Housing

 

Agricultural Labour Amendment Act (50 of 1994)

 

The amends the Agricultural Labour Act of 1993 so as to substitute the provision relating to the construction of certain provisions of the Labour Relations Act of 1956 and to amend the provision amending certain provisions of the Basic Conditions of Employment Act of 1983.

1994

Labour

 

Public Service Act (103 of 1994)

The Act provides for the organisation and administration of the public service of the Republic and the regulation of the conditions of employment, terms of office, discipline, retirement and discharge of members of the public service.

1994

Labour

Integration of Labour Laws Act (49 of 1994)

The Act provides for the repeal of certain apartheid the labour laws and the extension of certain labour laws to the whole of the national territory of the Republic in line with section I of the Constitution of the Republic of South Africa of 1993 (Act No. 200 of 1993).

1994

Labour

 

Nursing Amendment Act (5 of 1995)

 

The Act amends the Nursing Act of 1978 so as to amend certain definitions and to define certain expressions. It provides for the establishment of the South

African Interim Nursing Council and further regulate the objects and powers of the Council.

It provides for the abolition of the various Nursing Councils in the Republic and provides for the rationalisation of certain laws relating to nursing that remained in force in various areas of the national territory of the Republic by virtue of section 229 of the Constitution.

1995

Healthcare

 

Pharmacy Amendment Act (6 of 1995)

The Act amends the Pharmacy Act of 1974 so as to insert certain definitions and to amend others. It provides for the establishment, constitution and objects of the Interim Pharmacy Council of South Africa.

It provides for the abolition of the South African Pharmacy Council and to provide for the repeal of certain laws in respect of the pharmaceutical profession, which remained in force in the various territories of the national territory of the Republic by virtue of section 229 of the Constitution.

1995

Healthcare

 

Social Work Amendment Act (52 of 1995)

 

The Act amends the Social Work Act of 1978 so as to amend certain definitions and to define certain expressions. It provides for the establishment of the South African Interim Council for Social Work and the abolition of the South African Council for Social Work.

The Act provides for the rationalisation of certain laws relating to social workers that remained in force in the various areas of the national territory of the Republic by virtue of section 229 of the Constitution.

1995

Social Services

 

South African Qualifications Authority Act (58 of 1995)

The Act provides for the development and implementation of a National Qualifications Framework and for establishment of the South African Qualifications Authority.

1995

Social Services

 

Labour Appeal Court Sitting as Special Tribunal Act (30 of 1995)

The Act enables the Labour Appeal Court to act as a special tribunal in determining claims and disputes of right, which arise out of the implementation of the transitional arrangements on public administration, and the rationalisation of the public administration as contemplated in sections 236 and 237 of the Constitution.

1995

Labour

 

Post Office Service Amendment Act (70 of 1995)

The Act amends the Post Office Service Act of 1974 so as to further regulate the retirement of officers in the post office service to allow for transformation.

1995

Labour

 

Labour Relations Act (66 of 1995)

The Act changes the law governing labour relations in post-apartheid South Africa. It regulates the organisational rights of trade unions, promotes and facilitates collective bargaining at the workplace and at sectoral level.

It regulates the right to strike and the recourse to lock-out in conformity with the Constitution and promotes employee participation in decision-making through the establishment of workplace forums.

It further provides simple procedures for the resolution of labour disputes through statutory conciliation, mediation and arbitration (for which purpose the Commission for Conciliation, Mediation and Arbitration is established), and through independent alternative dispute resolution services accredited for that purpose. It also establishes the Labour Court and Labour Appeal Court as superior courts, with exclusive jurisdiction to decide matters arising from the Act.

1995

Labour

Housing Amendment Act (6 of 1996)

The Act amends the Housing Act of 1966 so as to make further provision for the financing of housing. It also amends the Housing Arrangements Act of 1993 so as to delete certain definitions that were not applicable after the demise of apartheid.

It further provides for the monitoring of certain housing matters by the National Housing Board and for the accreditation of local authorities to carry out national housing programmes.

The Act also establishes a South African Housing Fund to consolidate certain funds in the Fund and regulates the administration of the Fund.

1996

Housing

South African Schools Act (84 of 1996)

The Act provides for a uniform system for the organisation, governance and funding of schools. It amends and repeals certain laws relating to schools that were not applicable under post-apartheid South Africa.

1996

Education

National Education Policy Act (27 of 1996)

The Act provides for the determination of national policy for education and amends the National Policy for General Education Affairs Act of 1984 so as to substitute certain definitions. It provides afresh for the determination of policy on salaries and conditions of employment of educators.

1996

Education

National Youth Commission Act (19 of 1996)

The Act provides for the establishment, constitution, objects and functions of a National Youth Commission.

1996

Youth

Child Care Amendment Act (96 of 1996)

The Act amends the Child Care Act of 1983 so as to amend, insert or delete certain definitions. It provides for legal representation for children and shifts the focus from the unable or unfit parent to the child in need of care. It further regulates the provisions relating to the adoption of children and provides for the registration of shelters.

The Act extends the inspection of children's homes and places of care and further regulate the medical treatment of children.

It further regulates the notification in respect of injured children and provides for the delegation of powers to the provinces. It extends the application of the Act to the former TBVC states and self-governing territories.

1996

Social services

Welfare Laws Amendment Act (106 of 1996)

The Act amends the Social Work Act of 1978 so as to make the South African Interim Council for Social Work more representative by enlarging its membership. It also amends the Probation Services Act of 1991 so as to further provide for the delegation of powers and the authorisation to perform duties. It amends the Prevention and Treatment of Drug Dependency Act of 1992 so as to amend a certain definition and to provide for the establishment of programmes regarding the prevention and treatment of drug dependency, which are aimed at persons in treatment centers.

1996

Social services

Special Pensions Act (69 of 1996)

The Act gives effect to section 189 of the Constitution and provides for special pensions to be paid to persons who made sacrifices or served the public interest in the cause of establishing a democratic constitutional order. It prescribes rules for determining the persons who are entitled to receive those pensions and establishes a Special Pensions Board and a Special Pensions Review Board.

1996

Social services

Commission on Gender Equality Act (39 of 1996)

The Act provides for the composition, powers, functions and functioning of the Commission on Gender Equality.

1996

Women empowerment

Choice on Termination of Pregnancy Act (92 of 1996)

The Act determines the circumstances in which and conditions under which the pregnancy of a woman may be terminated.

1996

Healthcare and women empowerment

Public Service Amendment Act (13 of 1996)

The Act provides for the removal of unjust differentiation between "officers" and "employees" as defined in the Public Service Act of 1994. It amends the Public Service Act of 1994 so as to further regulate the appointment of heads of

Department.

It protects the existing retirement age of serving employees notwithstanding the removal of such differentiation.

Labour

Integration Measures in respect of Labour Laws, Amendment and Adjustments Act (68 of 1996)

The Act provides for the cessation of the application of the Sefalana Employee Benefits Organisation Act of 1989 of the former Bophuthatswana, in relation to the operation, control, management and administration of the workmen's compensation funds and unemployment insurance fund of the former Bophuthatswana and to other matters relevant to those funds.

It provides for the repeal of the

Gazankulu Apprenticeship Act of 1974, the KwaNdebele Apprenticeship Act of 1986 and the Manpower Development Authority of Bophuthatswana Act of 1988. It validates, with effect from 1 March 1995, Proclamation No. 13 of 1995 and the regulations promulgated under Government Notice No. 366 of 1995, certain putative functions and acts purporting to have been performed in terms of workmen's compensation laws of the former Transkei, Bophuthatswana, Venda and Ciskei after those laws had been repealed; to validate certain putative

functions and acts in relation to the workmen's compensation funds and

unemployment insurance fund of the former Bophuthatswana and other related workmen's compensation or unemployment insurance matters purporting to have been performed in terms of the said Sefalana Employee Benefits Organisation

Act of 1989.

1996

Labour

Public Service Second Amendment Act (67 of 1996)

The Act amends the Public Service Act of 1994 in order to grant to certain

Officers in the public service the right to retire on or after the date on which they reach the age of 55 years.

1996

Labour

Labour Relations Amendment Act (42 of 1996)

The Act amends the Labour Relations Act of 1995 so as to limit the deduction of agency fees from the wages of employees who are not members of the representative trade union, to those of them who, nevertheless, qualify for membership thereof; to regulate the extension of any collective agreement that has been concluded in a bargaining council and that does not apply to all employees under the jurisdiction of that council; and to empower the dispute resolution committee as regards the resolution of disputes between different bargaining councils in the public service.

The Act provides for a council to enter into an agreement with the Commission for Conciliation, Mediation and Arbitration, or any accredited agency, to resolve disputes on the council's behalf.

It further provides for the referral to that Commission of demarcation disputes arising during arbitration proceedings; to allow of disputes between employees engaged in maintenance services and their employer.

 

1996

Labour

Mine Health and Safety Act (29 of 1996)

The Act provides for protection of the health and safety of employees and other persons at mines and to promote a culture of health and safety and the enforcement of health and safety measures in mines.

It provides for appropriate systems of employee, employer and State participation in health and safety matters and establishes representative tripartite institutions to review legislation, promote health and enhance properly targeted research.

It provides for effective monitoring systems and inspections, investigations and inquiries to improve health and safety and promotes training and human resources development.

It further regulates employers' and employees' duties to identify hazards and eliminate, control and minimise the risk to health and safety. It accords employees the right to refuse to work in dangerous conditions.

1996

Labour

Nursing Amendment Act (19 of 1997)

The Act amends the Nursing Act of 1978. It makes provision for the establishment, constitution and objects of the South African Nursing Council and the abolition of the South African Interim Nursing Council.

1997

Healthcare

Pharmacy Amendment Act (88 of 1997)

The Act amends the Pharmacy Act of 1974 so as to provide for the establishment of the new South African Pharmacy Council and for its objects and general powers. It extends the control of the Council to the public sector and to amend the provisions relating to pharmacy education and training, requirements for registration, the practice of pharmacy, the ownership of pharmacies and the investigative and disciplinary powers of the council.

1997

Healthcare

Medicines and Related Substances Act (90 of 1997)

The Act amends the Medicines and Related Substances Control Act of 1965. It makes further provision for the prohibition on the sale of medicines, which are subject to registration and are not registered and establishes procedures that will expedite the registration of essential medicines, and for the re-evaluation

of all medicines after five years.

The Act also provides for measures for the supply of more affordable medicines in certain circumstances and provides for the licensing of certain persons to compound, dispense or manufacture medicines.

It further provides for generic substitution of medicines and the establishment of a pricing

Committee to regulate the purchase and sale of medicines by wholesalers; to make new provision for appeals against decisions of the Director-General or the council.

 

1997

Healthcare

Higher Education Act (101 of 1997)

The act regulates higher education. It provides for the establishment, composition and functions of a Council on Higher Education.

It provides for the establishment, governance and funding of public higher education institutions and the appointment and functions of an independent assessor.

It further provides for the registration of private higher education institutions and for quality assurance and quality promotion in higher education.

1997

Education

Education Laws Amendment Act (100 of 1997)

The Act amends the South African Schools Act of 1996 so as to insert a definition and substitute others. It enables public schools to appoint educator and non-educator staff additional to the approved establishment.

It amends the National Education Policy Act of 1996 and the

Educators’ Employment Act of 1994 so as to enable the Minister of Education to determine requirements for appointment, transfer and promotion of educators.

It provides for a process to enable public schools to make recommendations for the appointment, transfer or promotion of educators as a result of operational requirements of the employer. It also repeals the National Policy on the Salaries and Conditions of Employment of Educators Act of 1984.

1997

Education

Non-profit Organisation Act (71 of 1997)

The Act provides for an environment in which nonprofit organisations can flourish and establishes an administrative and regulatory framework within which nonprofit organisations can conduct their affairs. It repeals certain portions of the Fundraising Act of 1978.

1997

Social services

Welfare Laws Amendment Act (106 of 1997)

The Act amends the Child Care Act of 1983 so as to broaden the provisions granting exemption to certain categories of persons who may care for certain children apart from their parents for a period longer than 14 days.

It removes the provisions that overlap with the provisions of the Social Assistance Act of 1992 and provides for state contributions to the maintenance by foster parents of foster children.

The Act amends the Social Assistance Act of 1992 so as to provide for uniformity of, equality of access to, and effective regulation, of social assistance throughout the Republic.

It introduces the Child-Support Grant. It abolishes cavitation grants and maintenance grants subject to the phasing out of existing maintenance grants over a period not exceeding three years.

 

 

1997

Social services

Natural Fathers of Children Born out of Wedlock Act (86 of 1997)

The Act makes provision for the possibility of access to and custody and guardianship of children born out of wedlock by their natural fathers.

It provides for the limitation on the publishing of certain particulars of certain applications and enquiries and for the notification of natural fathers of any intended adoption of their children born out of wedlock.

The Act amends the Mediation in Certain Divorce Matters Act of 1987 and the Births and Deaths Registration Act of 1992 so as to further regulate the alteration of the surname of certain minors.

1997

Social services

Housing Act (107 of 1997)

The Act provides for the facilitation of a sustainable housing development process and outlines general principles applicable to housing development in

all spheres of government.

It defines the functions of national, provincial and local governments in respect of housing development and provides for the establishment of a South African Housing Development Board, the continued existence of provincial boards under the name of provincial housing development boards and the financing of national housing programmes.

1997

Social services

Sectional Titles Amendment Act (44 of 1997)

The Act amends the Sectional Title Act of 1986 so as to delete, substitute or insert certain definitions. It deletes provisions regarding the involvement of local authorities in respect of applications for sectional title schemes.

1997

Social services

Public Service Commission Act (46 of 1997)

The Act provides for the regulation of the Public Service Commission.

1997

Labour

Public Service Laws Amendment Act (47 of 1997)

The Act amends the Public Service Act of 1994 so as to further define and substitute or to delete certain expressions. It further regulate the application of the Act in order to provide for the readjustment of the functions of the Public Service Commission and the circumscription of the functions of the Minister for the Public Service and Administration and an executing authority.

The Act makes other provision in connection with the management, administration and functions of the South African Management and Development Institute and the administration of the Training

Fund.

It also makes further provision in connection with the implementation or limitation of actions affecting the public service or its members and enables the Minister to have access to certain documents and information.

It further regulates inefficiency and misconduct and unauthorised remuneration. It repeals other laws relating to the public service so as to remove obsolete provisions or to effect certain consequential amendments arising from the readjustment of the functions of the said Commission.

1997

Labour

Compensation for Occupational Injuries and Diseases Amendment Act (61 of 1997)

The Act amends the Compensation for Occupational Injuries and Diseases Act of 1993 so as to transfer certain functions to the Director-General and to make the Director-General accountable for the compensation fund.

It regulates the composition of the Compensation Board and removes the duty on employers to provide first aid.

It further regulates the assessment of employers and provides for the payment of interest on overdue assessments.

1997

Labour

Mine Health and Safety Amendment Act (72 of 1997)

The Act amends the Mine Health and Safety Act of 1996 so as to provide for a system of administrative fines.

It further regulates the operation of the tripartite institutions and provides for the participation of health and safety representatives responsible for a working place in an inquiry in respect of that working place.

 

 

1997

Labour

Basic Conditions of Employment Act (75 of 1997)

The Act gives effect to the right to fair labour practices referred to in section 23(1) of the Constitution by establishing and making provision for the regulation of basic conditions of employment, thereby, complying with the obligations of the Republic as a member state of the International Labour Organisation (ILO).

1997

Labour

Judges’ Remuneration and Conditions of Employment Amendment Act (77 of 1997)

This Act amend the Judges’ Remuneration and Conditions of Employment Act of 1989 so as to amend the definition of "salary" and to make provision for the payment of an annual allowance to certain judges of the Constitutional Court. It further regulates the salaries of judges discharged from active service and the performance of service by judges who have been discharged from active service. It also makes provision for the payment of a gratuity to the estate of a judge of the Constitutional Court who dies in office and is not survived by a spouse.

1997

Labour

Independent Commission for the Remuneration of Public Office-bearers Act (92 of 1997)

The Act provides for the establishment of the Independent Commission for the

Remuneration of Public Office-Bearers to make recommendations concerning the salaries, allowances and benefits of office-bearers.

1997

Labour

Public Service Laws Second Amendment Act (93 of 1997)

The Act amends the Public Service Commission Act of 1997 so as to effect certain textual improvements. It also amends the Public Service Laws Amendment Act of 1997 so as to effect certain textual improvements.

1997

Labour

Telecommunications Amendment Act [12 of 1997]

The Act amends the Telecommunications Act of 1996 so as to provide for the selection and transfer of personnel from the Department of Communications to the South African Telecommunications Regulatory Authority and the Universal Service Agency.

1997

ICT

Water Services Act (108 of 1997)

The Act provides for the rights of access to basic water supply and basic sanitation and the setting of national standards and of norms and standards for tariffs.

It also provides for water services development plans and a regulatory framework for water services institutions and water services intermediaries.

It further provides for the establishment and disestablishment of water boards and water services committees and their powers and duties.

 

1997

Water

Water Amendment Act [58 of 1997]

The Act amends the Water Act of 1956 so as to further regulate the abstraction of water from public streams of which the natural flow is artificially augmented.

1997

Water

Sterilisation Act (44 of 1998)

The Act provides for the right to sterilization. It determines the circumstances under which sterilisation may be performed and, in particular, the circumstances under which sterilisation may be performed on persons incapable of consenting or incompetent to consent due to mental disability.

1998

Healthcare

Medical Schemes Act (131 of 1998)

The Act consolidates the laws relating to registered medical schemes. It provides for the establishment of the Council for Medical Schemes as a juristic person and for the appointment of the Registrar of Medical Schemes.

It makes provision for the registration and control of certain activities of medical schemes.

It further protects the interests of members of medical schemes and provides for measures for the co-ordination of medical schemes.

1998

Healthcare

Housing Consumers Protection Measures Act (95 of 1998)

The Act makes provision for the protection of housing consumers and provides for the establishment and functions of the National Home Builders Registration Council.

1998

Housing

National Development Agency Act (108 of 1998)

The Act establishes a National Development Agency aimed at promoting an appropriate and sustainable partnership between the Government and civil society

organisations to eradicate poverty and its causes. It determines the objects and functions of the Agency and the manner in which it is to be managed and governed.

1998

Social Services

National Development Agency Act [108 of 1998]

The Act establishes a trust for the promotion and facilitation of ownership of income generating assets by historically disadvantaged persons. It sets out the objects of the trust and provides for the powers, appointment and mode of operation of the trustees.

 

 

1998

Women empowerment

Social Work Amendment Act (102 of 1998)

The Act amends the Social Work Act of 1978 so as to amend, delete and insert certain Definitions. It also provides for the establishment, constitution and objects of the South African Council for Social Service Professions and professional boards for social service professions and abolishes the South African Interim Council for Social Work.

1998

Social Services

Aged Persons Amendment Act (100 of 1998)

The Act amends the Aged Persons Act of 1967 so as to insert certain definitions and provide for conditions regarding subsidies to managers of registered homes for the aged and to certain other institutions.

It provides for the establishment of management committees for those homes and for the accessibility of those homes. It also provides for the enquiry by designated bodies into matters regarding aged persons and requires reporting on the abuse of aged persons and the keeping of a register thereon.

 

1998

Social Services

Maintenance Act (99 of 1998)

The Act restates and amends certain laws relating to maintenance.

1998

Social Services

Domestic Violence Act (116 of 1998)

The Act provides for the issuing of protection orders with regard to domestic violence.

1998

Gender/ women empowerment

Further Education and Training Act (98 of 1998)

The Act regulates further education and training; to provide for the establishment, governance and funding of public further education and training institutions. It provides for the registration of private further education and training institutions.

The Act provides for quality assurance and quality promotion in further education and training and for transitional arrangements and the repeal of laws.

1998

Education

Transfer of Staff to Municipalities Act (17 of 1998)

The Act provides for the transfer of certain employees from a provincial administration to designated municipalities.

1998

Labour

Recognition of Customary Marriages Act [120 of 1998]

The Act makes provision for the recognition of customary marriages. It specifies the requirements for a valid customary marriage and regulates the registration of customary marriages.

It provides for the equal status and capacity of spouses in customary marriages and regulates the proprietary consequences of customary marriages and the capacity of spouses of such marriages.

It further provides for the dissolution of customary marriages.

1998

Women empowerment

Remuneration of Public Office Bearers Act (20 of 1998)

The Act amends the Remuneration of Public Office Bearers Act of 1998 so as to correct a cross-reference in respect of a definition. It makes a new provision regarding the payment of salaries and allowances of traditional leaders holding more than one public office simultaneously and the payment of allowances to traditional leaders.

It exempts the Minister from consulting with the pension funds and medical aid schemes concerned when the upper limits of the contributions to the pension funds and medical aid schemes are determined and provides that a Municipal Council determines the amount of the contribution to a pension fund and medical aid scheme to which its members belong.

1998

Labour

Employment Equity Act (55 of 1998)

The Act provides for employment equity.

1998

Labour

Employment of Educators Act (76 of 1998)

The Act provides for the employment of educators by the State, for the regulation of the conditions of service, discipline, retirement and discharge of educators.

1998

Labour

Skills Development Act (97 of 1998)

The Act provides an institutional framework to devise and implement national, sector and workplace strategies to develop and improve the skills of the South African work force.

1998

Labour

Labour Relations Amendment Act (127 of 1998)

The Act amends the Labour Relations Act of 1995 so as to make the establishment, after the coming into operation of this Act, of a pension, provident or medical aid scheme or fund by a bargaining council or statutory council subject to compliance with the laws relating to pension, provident or medical aid schemes or funds, and to make those laws applicable to such funds that may be so established after that point in time.

It adjusts the requirements for extending any collective agreement concluded in a bargaining council, to non-parties.

It further provides for the continuation, in certain circumstances, of a pension, provident or medical aid scheme or fund upon the winding-up of the bargaining council or statutory council, which had established the scheme, or fund.

1998

Labour

Prevention of Illegal Eviction from Unlawful Occupation of Land Act (19 of 1998)

The Act provides for the prohibition of unlawful eviction and for procedures for the eviction of unlawful occupiers. It repeals the Prevention of Illegal Squatting Act of 1951 and other obsolete laws.

1998

Housing

National Water Act (36 of 1998)

The Act provides for fundamental reform of the law relating to water resources and to repeal certain laws.

1998

Water

Education Laws Amendment Act (48 of 1999)

The Act amends the South African Certification Council Act of 1986 so as to substitute certain definitions, to delete others and to insert new definitions.

It provides for the functions of an examining body, the Director-General and the council, with regard to examinations.

It allows the Council to prescribe fees for the issue or endorsement of a certificate and to remove obsolete references from the long title.

It amends the National Education Policy Act of 1996 and the South African Schools Act of 1996 so as to substitute certain definitions.

It further provides for the merger of two or more public schools and to regulates the consequences of such merger and makes provision for the temporary closure of a public school in the case of an emergency.

It provides for an additional function of a governing body and makes further provision regarding co-opted members of governing bodies.

 

1999

Education

Higher Education Amendment Act (55 of 1999)

The Act amends the Higher Education Act of 1997 so as to substitute a definition and to extend the period within which the CHE must submit a report to the Minister.

 

 

1999

Education

National Student Financial Aid Scheme Act (56 of 1999)

The Act establishes the National Student Financial Aid Scheme (NSFAS) and provides for the management, governance and administration of the NSFAS.

It provides for the granting of loans and bursaries to eligible students at public higher education institutions and for the administration of such loans and bursaries.

It further provides for the recovery of loans; to provide for the repeal of the Provision of Special Funds for

Tertiary Education and Training Act, 1993.

1999

Education

Rental Housing Act (50 of 1999)

The Act defines the responsibility of Government in respect of rental housing property. It creates mechanisms to promote the provision of rental housing property and promotes access to adequate housing through creating mechanisms to ensure the proper functioning of the rental housing market.

It makes provision for the establishment of Rental Housing Tribunals; to define the functions, powers and duties of such Tribunals.

 

 

1999

Housing

Housing Second Amendment Act (60 of 1999)

The Act amends the Housing Act of 1997 so as to authorise a Member of the Executive Council (MEC) of a provincial government to approve the sale or other alienation of welfare facilities under certain circumstances.

1999

Housing

Housing Amendment Act (28 of 1999)

The Act amends the Housing Act of 1997 so as to recognise the Social Housing Foundation as a national institution. It provides for committees for the South African Housing Development Board and for the co-option of persons to that Board.

It further regulates the transfer of movable and immovable property to the provincial housing development boards and the phasing out of certain housing subsidies.

1999

Housing

Housing Consumers Protection Measures Amendment Act (27 of 1999)

The Act amends the Housing Consumers Protection Measures Act of 1998 so as to rectify certain cross-references. It removes ambiguity in the wording of certain sections and makes further provision for regulating measures.

1999

Housing

Prevention and Treatment of Drug Dependency Amendment Act (14 of 1999)

The Act amends the Prevention and Treatment of Drug Dependency Act of 1992 so as to delete a definition and define certain expressions. It establishes the Central Drug Authority and provides for the assistance of the Drug Authority by a secretariat.

1999

Healthcare

Public Service Amendment Act (5 of 1999)

 

The Act amends the Public Service Act of 1994 so as to regulate anew the handling of the appointment and other career incidents of heads of departments.

1999

Labour

Skills Development Levies Act (9 of 1999)

The Act provides for the imposition of a skills development levy.

1999

Labour

National Water Amendment Act (45 of 1999)

The Act establishes a juristic person to be known as the National Heritage Council and determines its objects, functions and method of work.

It prescribes the manner in

which it is to be managed and governed and regulates its staff matters and financial affairs.

1999

Rural Development and Sustainable Development

Pharmacy Amendment Act (1 of 2000)

The Act amends the Pharmacy Act of 1974 so as to provide for the performance of community service by persons registering for the first time as pharmacists.

2000

Healthcare

National Health Laboratory Services Act (37 of 2000)

The Act provides for the establishment of a juristic person to be known as the National Health Laboratory Service. It also provides for the abolition of the South African Institute for Medical Research, the National Institute for Virology, the National Centre for Occupational Health, certain forensic chemistry laboratories and all provincial health laboratory services.

2000

Healthcare

Meat Safety Act (40 of 2000)

The Act provides for measures to promote meat safety and the safety of animal products. It establishes and maintains essential national standards in respect of abattoirs. It also regulates the importation and exportation of meat.

2000

Healthcare

Council for Medical Schemes Levies Act (58 of 2000)

The Act provide for the imposition of levies by the Council for Medical Schemes.

2000

Healthcare

Non-profit Organisations Amendment Act (17 of 2000)

The Act amends the Nonprofit Organisations Act of 1997 so as to alter the procedure of preparing and issuing model documents and codes of good practice.

2000

Social Services

Education Laws Amendment Act (53 of 2000)

 

The Act amends the South African Qualifications Authority Act of 1995 so as to increase the representation of organised labour on the Authority. It amends the South African Schools Act of 1996 so as to make further provision for public schools on private property.

The Act provides for the governance of a new public school until a governing body is constituted and for safety measures at public schools.

It also amends the Employment of Educators Act of 1998 so as to substitute certain definitions and to make provision for the appointment of educators to new public schools, public further education and training institutions and public adult

learning centers.

It further amends the Further Education and Training Act of 1998 so as to provide additional functions for the council of a public further education and training institution and to amend provisions relating to exemptions of existing

private institutions.

2000

Education

South African Council for Educators Act (31 of 2000)

The Act provides for the continued existence of the South African Council for Educators and the functions of the Council.

 

 

2000

Education

Higher Education Amendment Act (54 of 2000)

The Act amends the Higher Education Act of 1997 so as to define certain expressions. It extends the power of the Minister of Education with regard to the determination of higher education policy.

 

 

2000

Education

Promotion of Equality and Prevention of Unfair Discrimination Act (4 of 2000)

 

 

The Act gives effect to section 9 read with item 23(1) of Schedule 6 to the Constitution of the Republic of South Africa of 1996 so as to prevent and prohibit unfair discrimination and harassment. It promotes equality and eliminate unfair discrimination and prohibits hate speech.

2000

Labour

Remuneration of Public Office Bearers Second Amendment Act (21 of 2000)

The Act amends the Remuneration of Public Office Bearers Act of 1998 so as to correct a cross-reference in respect of a definition and makes a new provision regarding the payment of salaries and allowances of traditional leaders holding more than one public office simultaneously and the payment of allowances to traditional leaders.

It exempts the Minister from consulting with the pension funds and medical aid schemes concerned when the upper limits of the contributions to the pension funds and medical aid schemes are determined.

2000

Labour

Remuneration of Public Office Bearers Amendment Act (9 of 2000)

The Act amends the Remuneration of Public Office Bearers Act of 1998 so as to make fresh provision regarding the date from which a Member of the National Assembly or of a Provincial Legislature is entitled to a salary and allowances, the date from which a permanent delegate is entitled to a salary and allowances, and the payment of salaries and allowances of a Premier and a member of the Executive Council by Provincial Legislatures.

2000

Labour

Advisory Board on Social Development Act (3 of 2001)

 

 

The Act provides for a national advisory structure in the social development sector with the aim of building and consolidating partnership between government and civil

Society.

It also establishes a body to be known as the Advisory Board on Social Development and provides for the objectives, duties and composition of the Board.

2001

Social Services

Medical Schemes Amendment Act (55 of 2001)

The Act amends the Medical Schemes Act of 1998 so as to extend certain rights of members to their dependants. It broadens the definition of complaint; to explicitly prohibit discrimination on the basis of age.

The Act further regulates the practice of reinsurance and the circumstances under which waiting periods may be applied.

It improves the powers of the Council and the Registrar to act in the interests of

Beneficiaries and regulates the marketing of entities doing the business of a medical

Scheme.

2001

Social Services

National Laboratory Services Amendment Act (24 of 2001)

The Act amends the National Health Laboratory Service Act of 2000 so as to provide for pension options to employees of bodies that are to be replaced by the National Health Laboratory Service.

2001

Social Services

Housing Amendment Act (4 of 2001)

The Act amends the Housing Act, 1997, so as to provide for the abolition of the South African Housing Development Board and Provincial Housing Development Boards.

It establishes advisory panels and provides for the determination of procurement policy in respect of housing development.

The Act further makes the National Housing Code binding on all spheres of

Government and provides for the regulation of the sale of state-funded housing.

2001

Housing

Higher Education Amendment Act (23 of 2001)

 

 

The Act amends the Higher Education Act of 1997 so as to provide that the Higher Education Quality Committee is deemed to be accredited as an Education and Training Quality Assurance Body.

It provides for the establishment of interim councils for new, declared or merged public higher education institutions.

It also provides for the dissolution of the council of a public higher education institution if 75% or more of the members resign, and for the constitution of a new council.

 

2001

Education

Education Laws Amendment Act (57 of 2001)

The Act amends the South African Schools Act of 1996 so as to provide for the representative council of learners to be the only recognised learner body at a

School.

It makes further provisions regarding the failure of a governing body to perform its functions.

It prohibits public schools from raising money by means of loans or overdrafts without the approval of the Member of the Executive Council and from paying moneys into a trust.

2001

Education

General and Further Education and Training Quality Assurance Act (59 of 2001)

The Act provides for the establishment, composition and functioning of the General and Further Education and Training Quality Assurance Council.

It provides for quality assurance in general and further education and training and for control over norms and standards of curriculum and assessment.

It further provides for the issue of certificates at the exit points and for the conduct of assessment.

2001

Education

Judge’s Remuneration and Conditions of Employment Act (47 of 2001)

The Act provides for the remuneration and conditions of employment of judges of the Constitutional Court, the Supreme Court of Appeal and the High Court.

2001

Labour

Unemployment Insurance Act (63 of 2001)

The Act establishes the Unemployment Insurance Fund and provides for the payment from the Fund of unemployment benefits to certain employees, and for the payment of illness, maternity, adoption and dependant’s benefits related to the unemployment of such employees.

It further provides for the establishment of the Unemployment Insurance Board, the functions of the Board and the designation of the Unemployment Insurance Commissioner.

2001

Labour

Mental Health Care Act (17 of 2002)

 

The Act provides for the care, treatment and rehabilitation of persons who are mentally ill. It sets out different procedures to be followed in the admission of such persons.

It also establishes Review Boards in respect of every health establishment and determines their powers and functions.

2002

Healthcare

Medical Schemes Amendment Act (62 of 2002)

The Act amends the Medical Schemes Act of 1998, in relation to broadening the definition of broker and the circumstances under which such a person must be accredited in terms of this Act.

2002

Healthcare

Social Grants Appropriation Act [2 of 2002]

The Act appropriates an additional amount of 'money for the requirements of the Department of Social Development in respect of the financial year ending 31 March

2002.

2002

Social Assistance

Medicines and Related Substances Amendment Act (59 of 2002)

The Act amends the Medicines and Related Substances Act of 1965 so as to provide for some definitions.

It provides for the appointment of one or more Deputy Registrars and for a term of office of members of the Pricing Committee.

It also provides for the delay of the coming into operation of provisions requiring a licence before a person can compound and dispense or manufacture medicines, or act as a

wholesaler or distributor.

2002

Healthcare

Health Donations Fund Act Repeal Act (30 of 2002)

The Act provides for the disestablishment of the Health Donations Fund and for the repeal of the Health Donations Fund Act of 1978.

2002

Healthcare

Education Laws Amendment Act (50 of 2002)

The Act amends the South African Schools Act of 1996 so as to provide for a national curriculum and the process for the assessment of learner achievement in public and independent schools.

It makes provision for the appointment of an intermediary to assist minor learners in disciplinary hearings.

It provides for admission age requirements for public and independent schools.

It further amends the Employment of

Educators Act of 1998 so as to make provision for an appointment of an intermediary to assist minor learners in disciplinary hearings and for certain definitions and amends the Further Education and Training Act of 1998, so as to provide for safety measures at public and private further education and training institutions.

It provides for a national curriculum and the process for assessment of student achievement for public and private further education and training institutions.

It amends the Adult Basic Education and Training Act of 2000 so as provide for safety measures at public and private centres and for a national curriculum and the process for the assessment of learner achievement for public and private centers.

 

 

2002

Education

Higher Education Amendment Act (63 of 2002)

The Act amends the Higher Education Act of 1997 so as to provide for consequential matters arising out of declarations and mergers of public higher education institutions in relation to labour and student matters.

It provides for changes in the size of councils and institutional forums and for the appointment of an administrator to take over the functions of a council, which is deemed to have resigned.

 

2002

Education

Unemployment Insurance Contributions Act (4 of 2002)

 

 

 

 

 

The Act provides for the imposition and collection of contributions for the benefit of the Unemployment Insurance Fund.

2002

Labour

Promotion of Equality and Prevention of Unfair Discrimination Amendment Act (52 of 2002)

The Act amends the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000 so as to further provide for the training and designation of presiding officers of equality courts for purposes of the Act.

It provides for the designation of magistrates’ courts as equality courts and further regulates the training of the clerks of equality court.

2002

Labour

Occupational Diseases in Mines and Works Amendment Act (60 of 2002)

The Act amends the Occupational Diseases in Mines and Works Act of 1973 so as to provide that if a person was medically examined within a period of 24 months immediately preceding an application for medical examination, the Director of the Medical Bureau for Occupational Diseases may refuse that person’s application for medical examination.

2002

Labour

Labour Relations Amendment Act (12 of 2002)

The Act amends the Labour Relations Act of 1995 so as to provide for the enforcement of collective bargaining agreements, the extension of the functions of bargaining councils so as to enhance the effective enforcement of bargaining council agreements and to clarify the dispute resolution powers of bargaining councils.

2002

Labour

Basic Conditions of Employment Amendment Act (11 of 2002)

The Act amends the Basic Conditions of Employment Act of 1997 so as to make certain textual alterations.

It regulates the extension of overtime by collective agreement and the payment of contributions to benefit funds.

It provides for the determination of categories of payment to calculate remuneration for employees whose contracts of employment terminate due to specify circumstances under which ordinary hours of work can be varied.

 

2002

Labour

Performers’ Protection Amendment Act (8 of 2002)

The Act amends the Performers’ Protection Act of 1967 so as to define an expression and makes new provision for restrictions on the use of performances.

2002

Labour

National Development Agency Amendment Act (6 of 2003)

The Act amends the National Development Agency Act of 1998 so as to amend the definition of Minister. It reduces the number of members on the Board and further regulates meetings of the Board.

It empowers the Minister to appoint the Chief Executive Officer and further regulate delegation.

2003

Social Services

Food Relief Adjustments Appropriation Act (5 of 2003)

The Act appropriates additional amounts of money for the requirements of the Department of Social Development and the Department of Foreign Affairs in respect of the 2002/03 financial year.

2003

Social Services

Sectional Titles Amendment Act (29 of 2003)

The Act amends the Sectional Titles Act of 1986 so as to repeal redundant provisions and make certain textual alterations.

It makes new provision with regard to registration of extensions to schemes and with regard to exclusive use areas.

2003

Housing

Higher Education Amendment Act (38 of 2003)

The Act amends the Higher Education Act of 1997 so as to provide for the regular reporting by the Council on Higher Education on the state of higher education. It provides for consequential changes arising out of the incorporation of public higher education institutions in relation to labour and student matters.

It further provides for the establishment of a National Institute for Higher Education in Mpumalanga and a

National Institute for Higher Education in the Northern Cape to coordinate the regional provision of higher education.

2003

Education

National Health Act (61 of 2003)

The Act provides a framework for a structured uniform health system within the Republic, taking into account the obligations imposed by the Constitution and other laws on the national, provincial and local governments with regard to health services.

2003

Healthcare

Skills Development Amendment Act (31 of 2003)

The Act amends the Skills Development Act of 1998 so as to define certain expressions and amend certain definitions. It extends the functions of the National Skills Authority and changes its composition.

 

It extends the Minister’s powers in respect of SETAs and provides for the obligations of SETAs in respect of financial management.

2003

Labour

Unemployment Insurance Amendment Act (32 of 2003)

The Act amends the Unemployment Insurance Act of 2001 so as to define certain expressions and to amend or delete certain definitions.

It excludes persons who receive a State pension from the application of the Act and provides anew for the compilation and filing of a business plan.

It extends the right to benefits to domestic workers who are employed by more than one employer and the right to unemployment benefits to a domestic worker whose contract of employment is terminated by the death of his or her employer. It adjusts the benefits payable to contributors in respect of illness, maternity and adoption; to provide for the establishment of regional appeals committees. It further provides anew for the settling of disputes relating to payment or non-payment of benefits.

2003

Labour

Education Laws Amendment Act (1 of 2004)

The Act amends the South African Qualifications Authority Act of 1995 so as to effect textual corrections.

It makes provision for an increase in the number of members of the Authority nominated by the organised teaching profession and provides for

the extension of the term of office of members of the Authority.

The Act also amends the South

African Schools Act of 1996 so as to provide for the prohibition of the payment of unauthorised remuneration to a state employee employed in terms of the

Employment of Educators Act of 1998, or the Public Service Act of 1994 by a governing body.

It further amends the Employment of Educators Act of 1998 so as to effect

textual corrections and to provide for an appeal by the employer against the finding of the presiding officer of a disciplinary hearing and to amend the General and Further Education and Training Quality Assurance Act of 2001 so as to extend the definition of "Council".

2004

Education

Social Assistance Act (11 of 2004)

The Act provides for the rendering of social assistance to persons; to provide for the mechanism for the rendering of such assistance. It provides for the establishment of an inspectorate for social assistance.

2004

Social Assistance

Telecommunications Amendment Act (2 of 2004)

The Act amends the Telecommunications Act of 1996 so as to give powers and assign duties to certain categories of operators for the purposes of interconnection and facilities leasing.

2004

ICT

South African Social Security Agency Act (9 of 2004)

The Act provides for the establishment of the South African Social Security Agency as an agent for the administration and payment of social assistance. It provides for the prospective administration and payment of social security by the Agency and the provision of services related thereto.

2004

Social Assistance

Sterilisation Amendment Act (3 of 2005)

The Act amends the Sterilisation Act of 1998 so as to substitute a definition; to make provision for a medical opinion in certain circumstances. It provides for additional information to be considered when contemplating sterilisation.

2005

Healthcare