SECTION A: ENVIRONMENTAL (NATIONAL)

National Environmental Management: Protected Areas Act 57 of 2003

1. Declaration of the Tsitsikamma and Wilderness National Parks to be part of the Garden Route National Park and assign South African National Parks as the management of the consolidates Garden Route National Parks. Published in GG 34017 Notice Number 95 dated 11 February 2011.

2. Declaration of the Tsitsikamma and Wilderness National Parks to be part of the Garden Route National Park and assign South African National Parks as the management of the consolidates Garden Route National Parks. Published in GG 33982 Notice Number 59 dated 4 February 2011.

National Water Act 36 of 1998

3. Restrictions on the use of domestic water in the town Beaufort West in the Western Cape. Published in GG 34002 Notice Number 92 dated 11 February 2011.

Mineral and Petroleum Resources Development Act 28 of 2002

4. South African Agency for the Promotion of Petroleum Exploration and Exploitation (Pty) Ltd: Moratorium under section 49(1) on receiving new applications for reconnaissance permits, technical co-operation permits and exploration right production rights. Published in GG 33988 Notice Number 54 dated 1 February 2011.

5. Moratorium on receiving new applications for prospecting rights in terms of section 16 of the Act. Published in GG 34057 Notice Number 160 dated 28 February 2011.

Income Tax Act 58 of 1962

6. Fixing rate per kilometre in respect of motor vehicles. Published in GG 34047 Notice Number 159 dated 25 February 2011.

Statistics South Africa: Consumer Price Index

7. Consumer Price Index: January 2011. Published in GG 34034 Notice Number 102 dated 25 February 2011.

Genetically Modified Organisms Act 15 of 1997

8. Tariffs for Services related to the Act will take effect on 1 April 2011. Published in GG 34019 Notice Number 107 dated 18 February 2011.

9. Amendments to the schedule in the regulations. Published in GG 34020 Notice Number 106 dated 18 February 2011.

Fertilisers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947

10. Pest control operator regulations. Published in GG 34020 Notice Number 98 dated 18 February 2011.

SECTION B: SAFETY AND HEALTH (NATIONAL)

National Railway Safety Regulator Act 16 of 2002

11. Determination of Safety Permit Fees. Published in GG 34003 Notice Number 90 dated 11 February 2011.

12. Penalty Fee Regulations. Published in GG 34020 Notice Number 105 dated 18 February 2011.

Mine Health & Safety Act 29 of 1996

13. Regulations relating to Machinery and Equipment. Published in GG 34003 Notice Number 89 dated 11 February 2011.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

14. Deadline to submit banking details of employers qualifying for payment merit rebates. Published in GG 33999 Notice Number 85 dated 8 February 2011.

15. Standard Assessment Rate Changes 2011 for the Compensation Fund. Published in GG 33997 Notice Number 84 dated 4 February 2011.

16. Repeal of notice 499 in Gazette 33085 of 19 April 2010. Published in GG 34041 Notice Number 106 dated 23 February 2011.

National Road Traffic Act 93 of 1996

17. Dangerous Goods Training Bodies: Approval of service providers. Published in GG 33992 Notice Number 66 dated 4 February 2011.

Medicines and Related Substances Act 101 of 1965

18. Medicines Control Council: Conditions of registration of a medicine in terms of section 15(7). Published in GG 33981 Notice Number 58 dated 4 February 2011.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

19. Regulations relating to Trans-fat in foodstuffs. Published in GG 34029 Notice Number 127 dated 17 February 2011.

20. Authorisation of enforcement by local authority. Published in GG 34029 Notice Number 128 dated 17 February 2011.

SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL
Draft National Legislation and Regulations

Restitution of Land Rights Act 22 of 1994

21. Draft amendment to include erroneously excluded properties. Published in GG 34043 Notice Number 106 dated 23 February 2011.

Draft Land Tenure Security Bill 2011

22. Extension of period for comments. Published in GG 34050 Notice Number 109 dated 25 February 2011.

Consumer Protection Act 68 of 2008

23. National Consumer Commission: Draft enforcement guidelines. Published for public comment in GG 34039 Notice Number 93 dated 18 February 2011.

Fertilisers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947

24. Draft amendment regulations relating to fertilisers, farm feeds, agricultural remedies, stock remedies, sterilising plants and pest control operators, appeals and imports. Published in GG 34020 Notice Number 96 dated 18 February 2011.

National Environmental Management: Biodiversity Act 10 of 2004

25. Proposed prohibited activities involving specimens of certain Encephalartos species. Published in GG 34026 Notice Number 92 dated 15 February 2011 for submission of representations or objections..

National Environmental Management: Waste Management Act 59 of 2008

26. Change of licensing authorities. Interested and Affected Parties are invited to submit written comments within 30 days. Published in GG 34019 Notice Number 77 dated 18 February 2011.

SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL
Provincial Legislation and Municipal By-Laws

 

KwaZulu-Natal Province

27. City of Umhlathuze: Stormwater Management By-law. Published in PG 548 Notice Number 22 dated 10 February 2011.

28. City of Umhlathuze: Water Services By-law. Published in PG 551 Notice Number 23 dated 11 February 2011.

29. Policy Framework for Disaster Risk Management in the Province of KwaZulu-Natal. Published in PG 545 Notice Number 10 dated 4 February 2011.

30. Mthonjaneni Local Municipality: Electricity Supply By-law. Published in PG 553 Notice Number 27 dated 17 February 2011.

31. National Environmental Management: Protected Areas Act 57 of 2003: KwaZulu-Natal Nature Conservation Board: Declaration of the Hilton College Nature Reserve. Published in PG 552 Notice Number 2 dated 17 February 2011.

32. National Environmental Management: Protected Areas Act 57 of 2003: KwaZulu-Natal Nature Conservation Board: Declaration of the Mpushini Protected Environment. Published in PG 552 Notice Number 3 dated 17 February 2011.

33. National Environmental Management: Protected Areas Act 57 of 2003: KwaZulu-Natal Nature Conservation Board: Declaration of the Gelijkwater Mistbelt Nature Reserve. Published in PG 552 Notice Number 4 dated 17 February 2011.

34. National Environmental Management: Protected Areas Act 57 of 2003: KwaZulu-Natal Nature Conservation Board: Declaration of the Mbona Private Nature Reserve. Published in PG 552 Notice Number 5 dated 17 February 2011.

35. National Environmental Management: Protected Areas Act 57 of 2003: KwaZulu-Natal Nature Conservation Board: Declaration of the Somkhanda Game Reserve. Published in PG 552 Notice Number 6 dated 17 February 2011.

36. Umhlalazi Municipality: Access to Information Manual. Published in PG 552 Notice Number 22 dated 17 February 2011.

Gauteng Province

37. Gauteng Transport Infrastructure Act 8 of 2001: Proclamation of the reduction in width of a portion of the provincial railway line in connection with the Gautrain Rapid Rail Link between Pretoria, Johannesburg and the OR Tambo International Airport. Published in PG 31 Notice Number 476 dated 24 February 2011.

38. Gauteng Transport Infrastructure Act 8 of 2001: Proclamation of an access road in connection with the Gautrain Rapid Rail Link between Pretoria, Johannesburg and the OR Tambo International Airport. Published in PG 28 Notice Number 474 dated 21 February 2011.

39. Gauteng Passenger Road Transport Act 7 of 2001: Gauteng Public Passenger Road Transport Amendment Regulations 2010. Published in PG 21 Notice Number 343 dated 11 February 2011.

Mpumalanga Province

40. National Environmental Management Act 107 of 1998: Msukalingwa and Albert Luthuli Environmental Management Framework for Msukalingwa and Albert Luthuli Local Municipalities. Published in PG 1904 Notice Number 54 dated 18 February 2011.

SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL
Draft Provincial Legislation and Municipal By-Laws

KwaZulu-Natal Province

41. Local Government: Municipal Systems Act 32 of 2000: Utrecht Municipality: Draft Standard By-laws. Published in PG 547 Notice Number 16 dated 10 February 2011.

Gauteng Province

42. City of Johannesburg: Draft by-law for the Safe Guarding of Swimming Pools. Published in PG 19 Notice Number 341 dated 9 February 2011.

43. City of Johannesburg: Request for public comments on the following by-laws – Published in PG 27 Notice Number 471 dated 18 February 2011:
• Amendments to the Public Roads and Miscellaneous By-law to prohibit the display of household clothes other than items for sale.
• Amendment to the Emergency Services By-law.
• Review of the Public Health By-law.

Eastern Cape

44. Eastern Cape General Law Amendment Bill 2011: Published for public comments in PG 2524 Notice Number 10 dated 23 February 2011.

SECTION F: PARLIAMENTARY MONITORING

Introduction:
The Constitution describes four kinds of bills, namely:
Section 74 bills: constitutional amendments.
Section 75 bills: ordinary bills not affecting the provinces. Once a Section 75 bill has been passed by the National Assembly (NA), it is referred to the National Council of Provinces (NCOP). If the NCOP amends the bill or rejects it, it is referred to the NA, which may pass the bill again, with or without amendments, and submit for the President’s assent. In other words, the NA can pass a Section 75 bill even if the NCOP disagrees.
Section 76 bills: ordinary bills affecting the provinces. The NCOP and the NA both consider Section 76 bills.
Section 77 bills: money bills (must be introduced by the Minister of Finance in the NA).
Each type of bill has a different passage to becoming law and usually fits into only one category. If a bill does not fit clearly into one category, or if it fits into more than one category, it is usually redrafted or split into more than one bill, e.g., the NEM: Biodiversity Bill which was split into the NEM: Biodiversity Bill and NEM: Protected Areas Bill. Both of these have now been enacted.
(http://www.pmg.org.za/ and http://www.parliament.gov.za/live/index.php)

Sustainability Related Legislative Programme: Parliament of South Africa

BILLS BEFORE PARLIAMENT: (as of 3 March 2011)

• Before National Assembly Committees

➢ Rural Development and Land Reform General Amendment Bill (B33 - 2010)
➢ Merchant Shipping (Safe Containers Convention) Bill (B31 - 2010)
➢ Local Government: Municipal Systems Amendment Bill (B22 - 2010)
➢ Deeds Registries Amendment Bill (B13 - 2010)
➢ Traditional Courts Bill (B15 - 2008)
➢ Protection of Information Bill (B6 - 2010)
➢ Protection from Harassment Bill (B1 - 2010)
➢ Protection of Personal Information Bill (B9 - 2009)
➢ Constitution Seventeenth Amendment Bill (B8 - 2009)
➢ Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Bill (B3 - 2009)

SECTION G: CASE LAW

THEMBEKILE MANKAYI V ANGLO GOLD ASHANTI LIMITED (CASE CCT 40/10 [2011] ZACC 3)

This matter dealt with the implications of section 35(1) of the Compensation for Occupational Injuries and Diseases Act (COIDA) in the context of common law damages claims of mineworkers. The question that had to be decided was whether that section of COIDA did away with mineworkers’ common law right to recover damages for occupational injury or disease from negligent mine owners notwithstanding that they are not entitled to claim compensation under COIDA but only under the Occupational Diseases in Mines and Works Act (ODIMWA).

Section 35(1) of COIDA provides that:

“No action shall lie by an employee or any dependant of an employee for the recovery of damages in respect of any occupational injury or disease resulting in the disablement or death of such employee against such employee's employer, and no liability for compensation on the part of such employer shall arise save under the provisions of this Act in respect of such disablement or death”.

The Applicant was a former employee of the Respondent, AngloGold Ashanti Limited, being employed underground from 1979 to 1995. The Applicant alleged that the Respondent had negligently exposed him to harmful dusts and gases, as a consequence of which he had contracted tuberculosis and chronic obstructive airways which resulted in him being unable to work as a mineworker or in any other occupation. He claimed damages of about R2.6 million, made up of past and future loss of earnings, future medical expenses and general damages.

The Respondent excepted to the Applicant’s claim based on the contention that section 35(1) of COIDA presented a bar to the common law damages claim. Both the South Gauteng High Court and the Supreme Court of Appeal had previously found in favour of the Respondent, concluding that section 35(1) of COIDA did extinguish the common law claim. The Constitutional Court had to determine whether, and assuming that the Applicant’s facts as contained in his particulars of claim are true, the Applicant has a claim in law.

After analysing the legislative history on compensation for occupational diseases in South Africa, the meaning of the word “employee” in the context of section 35(1) of COIDA, the implications of sections 100(1) and 100(2) of ODIMWA and the differing schemes of compensation under the two Acts, as well as the approach to be followed in arriving at an interpretation of section 35(1), the Court concluded that:

• The “employee”, as referred to in section 35(1) of COIDA, whose common law damages claim is extinguished, is restricted to an “employee” with a claim for compensation under COIDA, in respect of occupational diseases mentioned in COIDA.
• Similarly, it is this “employee” who is excluded by section 35(1) of COIDA from instituting a claim for damages against the employer.
• This “expungement” of the right to institute a claim for damages does not extend to an employee who is not entitled to claim compensation in respect of occupational diseases under COIDA

The Court therefore held that “… section 35(1) does not cover an ‘employee’ who qualifies for compensation in respect of ‘compensatable diseases’ under ODIMWA. The exclusion of liability in section 35(1) is therefore limited to ‘employees’ who are entitled to compensation in respect of ‘occupational diseases’ under COIDA”.

Accordingly, the Applicant’s appeal to the Constitutional Court was successful and the Respondent’s exception to the Applicant’s claim was dismissed.

This Legal Brief should not be regarded a comprehensive discussion of the topics addressed and, in particular, should not be taken as legal advice or relied upon. For further information please contact: lulu@warburtons.co.za. Warburton Attorneys