Bills approved by Cabinet and to be introduced shortly into Parliament
Draft Bills to be introduced shortly into Parliament [as of 15 June 2010]
The Cabinet meeting of 15 June 2010 approved the following Bills:
- Sectional Titles Schemes Management Bill, 2010
The main aim of the Bill is to give effect to Cabinet's strategy to bring all human settlements-related legislation currently administered by other Departments under the administration of the Department of Human Settlements.
- Community Schemes Ombud Service Bill, 2010
The main aim of the Bill is to establish a Community Schemes Ombud Service, a national public entity to provide a dispute resolution service for all community schemes, including sectional titles schemes, share-block companies, homeowners associations and housing schemes for retired persons) in which there is governance by the community involved, shared financial responsibility and land facilities used in common. It will further give effect to Government's strategy to bring the administration of all human settlements-related legislation under the administration of the Department of Human Settlements.
- Magistrate's Courts Amendment Bill, 2010
The Bill is to amend the Magistrates' Courts Act, 1994 (Act No. 32 of 1944) in order to regulate new the qualifications required for the appointment of a person as a magistrate, additional magistrate and magistrate of a regional division; to further regulate the inclusion of magistrates of regional divisions on the list of magistrates who may adjudicate on civil disputes and authorize the Minister to further regulate the conditions relating to the authorisation of a person to serve process of court or other documents on behalf of a Public Body.
- Civilian Secretariat for Police Bill
The civilian Secretariat for Police Bill responds to the constitutional imperative that obliges the Minister of Police to establish a civilian secretariat for the police. The civilian secretariat for the police will conduct civilian oversight over the police by monitoring, assessing and evaluation performance of the police, in addition to providing the Minister of Police with advice and support in the exercise of its powers and functions. It will be structured to function independently from the South African Police Service.
- Independent Police Investigative Directorate Bill, 2010
This bill will establish the Independent Police Investigative Directorate to investigate any alleged misconduct or offence committed by a member of the Police Service. The Bill seeks to provide the Directorate with the necessary powers and functions to exercise its constitutional mandate and repeal the provisions relating to the Independent Complaints Directorate in the South African Police Service Act, 1995. Amongst other things, this bill seeks to change the name of the current Independent Complaints Directorate to the Independent Police Investigative Directorate. The rationale behind the name change is to brand the Directorate as a body which functions independently from the police service and that its focus is to conduct investigations of offences by a police member, rather than merely receiving complaints. The work of the Directorate will contribute towards ensuring that the police service becomes a professional police service that operates within the spirit of our constitutional norms and standards and in an ethos that is non-militaristic.
- Independent Communications Authority of South Africa (ICASA) Amendment Bill 2010 was approved for pubic consultation
The purpose of the Bill is to amend the Independent Communications Authority of South Africa Act, 2000,in order to change the position of the Chief Executive Officer to Chief Operations Officer and to differentiate between the functions of the Council and the Chief Operations Officer. The ICASA bill aims to ensure that the turn-around times of some of the responsibilities of the Authority are improved. Furthermore, it seeks to change the composition of the council to
include both executive and non-executive councillors. It proposes the creation of Tariff Advisory Council. The amendment of the Act will strengthen the capacity of the regulator to regulate the information and communications technology (ICT) sector to ensure that the sector contributes to the growth of the South African economy.
Cabinet meeting of 2 June 2010 approved the following Bills:
- Higher Education Laws Amendment Bill.
- Higher Education and Training Laws Amendment Bill.
- Skills Development Levies Amendment Bill.
- South African Citizenship Amendment Bill.
- Births and Deaths Registration Amendment Bill.
Cabinet meeting of 19 May 2010 approved the following Bills:
- Further amendments to the Constitutional Amendment Bill and the Superior Courts Bill were approved. These new amendments were omitted from the Bills that were approved at the last Cabinet meeting. The first amendment is to section 176 of the Constitutional Amendment Bill and it provides for the harmonisation of the terms of office of a judge of the Constitutional Court with that of judges of other Superior Courts. The second amendment is the inclusion of section 61 (2) in the Superior Courts Bill. This new clause provides security of tenure to the judges of the Labour Court who are not judges of the High Court for the fixed period for which they have been appointed by the President.
- The Sectional Titles Amendment Bill was approved and will be tabled in Parliament shortly
Cabinet meeting of 5 May 2010 approved the following Bills:
- The Constitution Amendment Bill. The Bill provides for, among other things, defining the role of the Chief Justice as the Head of the Judiciary; to change the name of ‘magistrate’s courts’ to ‘lower courts’; provides for a single ‘high court of South Africa’ comprising of various divisions; establishes the constitutional court as the highest court of the land on all matters and to further regulate the jurisdiction of the constitutional and the supreme courts; and to regulate the composition and functions of the Judicial Services Commission. The Bill will be published shortly for public comment.
- The Superior Courts Bill. This Bill aims to rationalise, consolidate and amend the laws relating to the Constitutional Court, the Supreme Court of Appeal and the High Court in a single Act of Parliament. It incorporates existing specialist courts that are similar in status to the High Court such as the Competitions Appeal Courts, Electoral Court Income Tax Court, Labour Courts and the Land Claims Court, as specialist divisions of the High Court of South Africa.
- The Legal Practice Bill : The purpose of this Bill is, among other things, to provide for the creation of a unified body for the legal profession, to be known as the South African Legal Practice Council to regulate the affairs of the profession including setting norms and standards; introduces community service for the candidate legal professionals; provides for the establishment of a Legal Services Ombudsman; and provides for a Transitional Council to oversee the implementation of the Bill.
- The Local Government: Municipal Systems Amendment Bill: This Bill provides, among other things, for the establishment of uniform and consistent systems and procedures for municipalities. The absence of common standards has created an untenable situation that made it possible for municipalities to adopt desperate human resources practices, remuneration and conditions of service.
Cabinet meeting of 22 April 2010 approved the following Bill:
- The Deeds Registry Amendment Bill
Cabinet meeting of 24 March 2010 approved the following Bill:
- Transport acts repeal bill, 2009
- Defence Amendment Bill, 2010 (Reserve Force members to serve during peacetime) and establishment of the National Defence Force Service Commission.
Cabinet meeting of 24 February 2010 approved the following Bill:
- The Black Authorities Act Repeal Bill. This Bill proposes to repeal and remove the Black Authorities Act of 1951, which created ‘tribal’, regional and territorial authorities to administer the affairs of Black people.
Cabinet meeting of 3 December 2009 approved the following Bills:
- The South African Post Office Bill, 2009
- The Geoscience Amendment Bill, 2009
Cabinet meeting of 22 October 2009 approved the following Bills:
- Social Assistance Amendment Bill was approved and will be submitted to Parliament for finalisation
- The Community Scheme Ombud Bill will be gazetted for public comment
- The Sectional Titles Management Bill will be gazetted for public comment
- The South African Postbank Bill for tabling in Parliament.
- Protection from Harassment Bill for tabling in Parliament.
Cabinet meeting of 27 August 2009 approved the following Bill:
● Prevention and Combating of Trafficking in Persons Bill was approved and will be submitted to Parliament
Cabinet meeting of 12 August 2009 approved the following Bill:
● Protection of Personal Information Bill
Cabinet meeting of 29 July 2009 approved the following Bill:
● Local Government Municipal Property Rates Amendment Draft Bill
Cabinet meeting of 1 July 2009: no bills approved
Cabinet meeting of 17 June 2009: no bills approved
Cabinet meeting of 15 April 2009 approved the following Bills:
● Protection from Harassment Bill (for public comment)
● Prevention and combating of trafficking in Persons Bill (for public comment)
● Constitutional Seventeenth Amendment Bill was approved and will be gazetted for public comments prior to submission to Parliament. This bill vests national government with new powers of intervention at local government level to facilitate service delivery and to achieve regional efficiencies and economies of scale at local government level. The Bill will also facilitate the restructuring of the electricity distribution industry and possible regionalisation of other municipal functions when necessary.
Cabinet meeting of 4 March 2009 did not have any bills approved
Cabinet meeting of 18 February 2009 did not have any bills approved
Cabinet meeting of 20 January 2009 did not have any bills approved
Cabinet meeting of 3 December 2008 approved the following Bills:
● Constitution Eighteenth Amendment Bill (for publication and public comment)
● Constitution Nineteenth Amendment Bill (later renamed 16th Amendment Bill)
● State Liability Bill (for publication and public comment)
● Cross Boundary Municipalities Laws and Related Matters Amendment Bill
● Criminal Law (Forensic Procedures) Amendment Bill
The Constitution Eighteenth Amendment Bill and the State Liability Bill seek to regulate legal
proceedings in matters relating to state liability. The Pretoria High Court had found that certain
sections of the State Liability Act of 1957 were inconsistent with the Constitution to the extent that
they did not allow for execution or attachment against the state.
Cabinet meeting of 19 November 2008 did not have any bills approved.
Cabinet meeting of 5 November 2008 approved the following Bill :
● Interactive Gambling Tax Bill
Cabinet meeting of 8 October 2008 approved
● Finance Bill will be tabled in Parliament for finalisation.
The Cabinet meetings of 18 September 2008 did not have any bills approved.
The Cabinet meetings of 4 September 2008 did not have any bills approved.
The Cabinet meetings of 20 August 2008 did not have any bills approved.
The Cabinet meetings of 7 August 2008 did not have any bills approved.
The Cabinet meetings of 27 July 2008 did not have any bills approved.
The Cabinet meetings of 22 July 2008 did not have any bills approved.
The Cabinet meetings of 18 July 2008 did not have any bills approved.
The Cabinet meetings of 25 June 2008 did not have any bills approved.
Cabinet meeting of 11 June 2008 approved the following Bills:
- The Intellectual Property Laws Amendment Bill
- The National Strategic Intelligence Amendment Bill
Cabinet meeting of 28 May 2008 approved the following Bills:
- The Military Discipline Bill
- The Municipal Structures Amendments Bill
- The Legal Succession to the South African Transport Services Amendment Bill
- The Civil Aviation Bill
- The Medicines and Related Substances Amendment Bill
- The National Health Amendment Bill
- The Built Environment Professions Bill
- The Public Finance Management Bill and Direct Charges Bill
- The National Land Transport Bill
- The Skills Development Amendment Bill
- The Provision of Land and Assistance Amendment Bill
- The National Environmental Management Laws Amendment Bill
- The National Strategic Intelligence Amendment Bill
- The National Intelligence Services Amendment Bill and
- The Judicial Matters Amendment Bill
Cabinet meeting of 15 May 2008 approved the following Bills:
- The Criminal Procedures Amendment Bill
- The Companies Bill
- The National Conventional Arms Control Amendment Bill
- The Promulgation of the Cultural Laws Third Amendment Bill
- Intellectual Property Rights from Publicly Financed Research Bill
Cabinet meeting of 30 April 2008 approved the following Bills:
- General Law Amendment Bill
- National Prosecuting Authority Amendment Bill
- Diplomatic Immunities Amendment Bill
- Special Pensions Amendment Bill
- nsurance Laws Amendment bill
- National Energy Bill
- National Radioactive Waste Management Agency Bill
- Mine Health and Safety Amendment Bill
Cabinet meeting of 16 April 2008 approved the following Bills:
- The Constitution of South Africa Seventeenth Amendment Bill, 2008 and the Eighteenth Amendment Bill, 2008 to be published for public comment and introduction to Parliament
- General Matters Amendment Bill effecting consequential amendments to various laws relating to loss of membership of the National Assembly, a Provincial Legislature or a Municipal Council, 2008 be published for public comment and introduced to Parliament
- General Financial Services Law Amendment Bill, 2008
- National Railway Safety Regulator Amendment Bill, 2008
- Regional Electricity Distributor Establishment Bill, 2008
- Liquor Products Amendment Bill, 2008
- Medicines and Related Substance Amendment Bill, 2008
- National Health Amendment Bill, 2008
- National Qualifications Framework Bill, 2008
- General and Further Education and Training Quality Assurance Amendment Bill, 2008
- Higher Education Amendment Bill, 2008
Cabinet meeting of 19 March 2008 approved the following Bills:
- Air Services Licensing Bill
- The Financial Intelligence Centre Amendment Bill
Cabinet meeting of 5 March 2008 approved the following Bills:
- The Expropriation Bill.
- Land Use Management Bill.
- The Social Assistance Amendment Bill.
- Agricultural Debt Management repeal Bill
- Medical Schemes Amendment Bill
- The Protection of Information Bill
- The National Space Agency Bill
Cabinet meeting of 20 February 2008: no bills approved
Cabinet meeting of 6 February 2008: no bills submitted
Cabinet meeting of 22 January 2008: no bills submitted
Cabinet meeting of 5 September 2007 approved the following Bills:
Cross-Border Road Transport Amendment Bill for introduction to Parliament
The Merchant Shipping Amendment Bill for public comment
The Defence Amendment Bill for introduction to Parliament
The Jurisdiction of Regional Courts Amendment Bill for introduction to Parliament
Electronic Communications Amendment Bill for introduction to Parliament
Cabinet meeting of 8 August 2007 approved the following Bills
South African National Water Resources Infrastructure Agency Limited Bill (for tabling in Parliament)
Prevention of and Treatment for Substance Abuse Bill. The Bill will be published for public comment after further consultation between the Departments of Health and Social Development.
The Second-Hand Goods Bill for submission to Parliament
The Housing Development Agency Bill for public comment
The Refugees Amendment Bill for submission to Parliament
Cabinet meeting of 24 July 2007 approved the following Bills:
The Prevention of Illegal Eviction From and Unlawful Occupation of Land Amendment Bill
The Safety at Sports and Recreational Events Bill
The National Environmental Management: Waste Bill
The National Environmental Management: Integrated Coastal Management Bill
The National Environmental Management Act; Environmental Impact Assessment regulation will be revised and new regulations will be tabled in due course
The Technology Innovation Bill
Cabinet Meeting of 30 May 2007 approved this Bill
The Local Government Laws Amendment Bill was approved for public comment prior to submission to Parliament. The Bill seeks to refine and align policy provisions reflected in different laws, strengthen enforcement measures and improve technical and legal provisions. The affected legislation will include the Demarcation Act (1998), Municipal Structures Act (1998) Municipal Systems Act (2000), Municipal Finance Management (2003) and the Municipal property Rates Act (2004).
Cabinet Meeting of 16 May 2007 approved the following Bills
The following Bills were approved for public comment and submission to Parliament during 2007 session:
The Education laws Amendment Bill;
Defence Amendment Bill;
Cross-Boundary Municipalities laws Repeal and Related matters Bill and the Constitutional Thirteen Amendment Bill;
Cabinet Meeting of 20 March 2007 approved the following Bills:
Criminal Law (Sentencing) Amendment Bill was approved for submission to Parliament for consideration during 2007 session (Dept of Justice and Constitutional Affairs)
Co-operative Banks Bill for submission to Parliament in the 2007 session of Parliament (Department of Finance)
Cabinet Meeting of 8 March 2007 approved this bill:
Municipal Fiscal Powers Bill:
This Bill promotes predictability, certainty and transparency in respect of municipal powers and functions. It provides for the phasing out of the Regional Services Councils (RSC) and the Joint Services Board levies. It will also regulate the authorisation of municipal taxes by the Minister of Finance and ensure that municipal fiscal powers and functions are exercised in a manner that will not materially and unreasonably prejudice national economic policies or national mobility of goods and services. The Bill deals with municipal surcharges and municipal taxes referred to in Section 229 of the Constitution other than the property rates taxes which are covered in the Municipal property Rates Act No 6 of 2004.
Cabinet Meeting of 7 February 2007 approved the following bills:
Pension Funds Amendment Bill for tabling in Parliament (Department of Finance)
Banks Amendment Bill for tabling in Parliament (Department of Finance)
Transport Agencies General Laws Amendment Bill (Department of Transport)
The Companies Bill for public comment (Department of (Trade and Industry)
Cabinet Meeting of 22 February 2007 approved the following Bills:
Transport Agencies General Laws Amendment Bill
Science and Technology Laws Amendment Bill which will amend the following Acts:
National Research Foundation Act 23 of 1998,
Africa Institute Act 68 of 2001,
Academy of Science of South Act 67 of 2001,
Natural scientific Professions Act 27 of 2003 and
Scientific Research Council 46 of 1988
Draft Bills before Cabinet in 2006
6th December 2006
Cabinet has approved the following 8 Bills.
Draft Gambling Amendment Bill
Housing Amendment Bill (for public comment)
Rental Housing Amendment bill (for public comment)
Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill (for public comment)
Housing Consumers Protection Measures Amendment Bill
Waste Management Bill
Human Sciences Research Council Amendment Bill
Integrated Coastal Management Bill (for public comment)
22 November 2006
Cabinet has approved the following Bills:
The South African Astronomy and Geographic Advantage Bill
The Judicial Service Commission Amendment Bill
The South African Judicial Education Institute Bill
The Mineral and Petroleum Resources Development Amendment Bill
26 October 2006
Cabinet has approved the following Bills:
Medical Schemes Amendment Bill approved for public comment
The Municipal Fiscal Powers and Functions Bill for public comment and submission to Parliament on 2007
The South African Airways Bill for submission to Parliament. In 2004, Cabinet approved the separation of SAA from Transnet to become a separate state owned enterprise. This bill will create the legal instrument for the transfer of the entire shareholding of the Shareholding of Transnet to Government.
11 October 2006
The following bill was approved for submission to Parliament:
Diamond Export Levy Bill
Cabinet approved second draft of Mineral and Petroleum Resource Royalty Bill for public comment
(copy of bill at www.treasury.gov.za)
24 August 2006
The following bills were approved for submission to Parliament:
Accreditation for Conformity Assessment, Calibration and Good Laboratory Practice Bill;
Civil Unions Bill;
Film and Publications Bill;
Further Education and Training Colleges Bill;
Housing Consumer Protection Measures Amendment Bill;
Immigration Amendment Bill;
Measurement Units and Measurement Standards Bill;
Postal Services Amendment Bill;
Public Service Amendment Bill;
Safety in Sports and Recreation Events Bill.
17 May 2006
Approved Bills for submission to Parliament:
- National Sport and Recreation Amendment Bill;
- 2010 FIFA World Cup SA Special Measures Bill; and
- Firearms Control Amendment Bill.
3 May 2006
The following bills were approved for submission to Parliament:
Regulation of Interception of Communications and Provision of Communication-Related Information Amendment Bill which regulates lawful interception of certain communication and defines obligations of sellers of cellular phones and SIM-cards; and Criminal Law (Sexual Offences and Related Matters) Amendment Bill which provides greater protection to vulnerable persons who are victims of sexual offences.
Cabinet (5 April 2006)
The following bills were approved for submission to Parliament:
- Deeds Registries Amendment Bill; and
- Less Formal Township Establishment Amendment Bill which updates earlier legislation on ‘informal settlements' in order to fast-track acquisition and development of land for such settlements.
Cabinet (22 March 2006)
Amendments to the Tobacco Products Control Act were approved for submission to Parliament.
Cabinet (8 February 2006)
The SA Institute for Drug-Free Sport Amendment Bill was approved for submission to Parliament.
Bills before Cabinet in 2005
Cabinet (11 November 2005)
The following bills were approved for submission to Parliament:
- Superior Courts Bill which deals with rationalisation of High Courts and improved access to justice;
- Constitution of the RSA Fourteenth Amendment Bill which codifies the hierarchy of the Court system;
- Carriage Air Amendment Bill and the related International Convention for the Unification of Certain Rules of International Carriage by Air.
Cabinet (12 October 2005)
The Road Traffic Amendment Bill and the Health Professions Amendment Bill were approved for submission to Parliament.
Cabinet (14 September 2005)
The Prohibition of Mercenary Activity and Prohibition and Regulation of Certain Activities in an Area of Armed Conflict Bill, was approved for submission to Parliament.
Cabinet (17 August 2005)
Further, the following other Bills were approved for submission to Parliament:
- Mineral and Petroleum Resources Development Amendment Bill which deals mainly with administrative issues to improve implementation of the Act;
- National Road Traffic Amendment Act – subject to further inter-Ministerial consultation – giving effect to principal strategies contained in the Road to Safety Strategy; and
- Also subject to some inter-Ministerial consultation, the National Land Transport Transition Amendment Bill to deal with issues identified during stakeholder consultations as inhibiting the implementation of the current Act.
Cabinet (22 June 2005) approved the ICASA Amendment Bill for submission to Parliament. The Bill deals with the strengthening of the regulator in the light of changes in the telecommunications environment.
Cabinet (11 May 2005) approved the Genetically Modified Organisms Amendment Bill which is aimed at aligning South Africa's biosafety framework with the international Cartagena Protocol on Biosafety.
Cabinet (13 April 2005) approved the following bill for submission to Parliament:
- Education Laws Amendment Bill which deals with such matters as appointment of school educators, disciplinary processes, norms and standards for payment of school fees and matters pertaining to "temporary" school teachers.
Cabinet (16 March) approved the following bills for submission to Parliament:
- Forestry Amendment Bill which amends a number of related legislation to bring them in line with current government policy; and SA Sports Commission Amendment Bill which provides for the dissolution of the SA Sports Commission and the setting up of Sport and Recreation SA (SRSA)
Cabinet at its 19 - 21 January meeting approved for submission to Parliament:
- Convergence Bill which deals with regulatory matters pertaining to converging telecommunications, broadcasting and IT industries.
Bills before Cabinet in 2004
Cabinet at its 1 December meeting approved the following draft bills for submission to Parliament:
- Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill which seeks to strengthen provisions in the current Act especially with regard to persons organising or arranging such occupations;
- World Heritage Convention Amendment Bill which transfers functions in this regard from the Department of Environmental Affairs and Tourism to the Department of Arts and Culture;
- Precious Metals and Diamonds General Amendment Bill which provides for better access to precious metals and diamonds for purposes of beneficiation; and
- Electricity Regulation Bill which deals with the responsibilities of municipalities and the powers of the electricity regulator in relation to the country's development objectives.
Cabinet at its 3 November meeting approved the following draft bills for submission to Parliament:
- Draft Intergovernmental Relations Framework Bill which outlines the functions of the three spheres of government and procedures and structures in their relationship;
- Co-operatives Bill, which defines policy on development of co-operatives;
- Nursing Bill, which aims to improve regulation of the nursing profession to better serve the public and in this regard redefine the mandate of the Nursing Council;
- Road Accident Fund Amendment Bill which seeks to improve equity, fairness and transparency in the operations of the fund; and
- Sectional Titles Amendment Bill, which regularises acts of registration and liability as it applies to certain members of body corporates.
The following Bills will be released for public comment:
- Auditing Profession Bill which provides for registration and regulation of auditors and the setting up of an Independent Regulatory Board;
- Co-operatives Banks Bill which provides a framework for the Co-operative banks industry; and
- Dedicated Banks Bill which aims at the setting up of banks providing specific services to consumers to whom such services have hitherto not been available.
Cabinet at its 6 October meeting
approved the following Bills for submission to Parliament:
- SA Abattoir Corporation Act Repeal Bill, which confirms the liquidation of ABAKOR;
- Amendments to the National Small Business Act which provide for the setting up of the Small Enterprise Development Agency (SEDA) which is a merger between Ntsika and National Manufacturing Advisory Centre;
- Amendments to the Close Corporation Act which provide for issues of liability and accounting officer responsibilities.
Cabinet at its 15 September meeting approved the release of the draft Energy Bill.
Cabinet at its 18 August meeting approved the following Bills for submission to Parliament
Defence Special Account Amendment Bill which brings the original Act in line with new financial management procedures including the PFMA;
Judicial Matters Amendment Bill which seeks to address minor practical issues in laws administered by the Department of Justice and Constitutional Development; and
Regulation of Constitutional Amendments Amendment Bill which tidies up titles of the Constitution and relevant amendment acts.
Cabinet at its 4 August meeting adopted the Consumer Credit Bill for public comment.
