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This is Topic: Other
Following are the News Items published under this Topic.
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The recent judgment in the Western Cape High Court in the matter of City of Cape Town v Maccsand (Pty) Limited and Others[1] has settled much debate surrounding the interplay between the Mineral and Petroleum Resources Development Act, 28 of 2002 (MPRDA) and environmental and planning legislation.
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The City of Cape Town enacted By-laws for Problem Buildings to provide for the identification, control and management of dilapidated and problem buildings in the City, which by-laws include provisions on the following aspects, namely:
- Application of the By-law;
- Appointment of Authorised Officials;
- Delegation;
- Entry by Authorised Officials of Buildings and Land;
- Declaration of a Building a Problem Building;
- Compliance Notices and Service thereof;
- Indemnity; and
- Offences and Penalties.
See Provincial Gazette No. 6767 of 9 July 2010.
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The Premier of the Eastern Cape Province determined the 1st of July 2010 as the date of commencement of the Eastern Cape Parks and Tourism Agency Act. See Provincial Notice No. 6 of Provincial Gazette No. 2415 of 6 July 2010.
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All South African standards that were previously published by the South African Bureau of Standards with the prefix "SABS" have been redesignated as South African National Standards and are now published by Standards South Africa (a division of SABS) with the prefix "SANS". The Notices provide for a list of SANS standards and their new codes together with the equivalent SABS numbers, where applicable, for sake of convenience. The Standards mentioned in the Schedules 1, 2 and 3 to the Notice have respectively been issued, amended and cancelled in terms of section 16(3) of this Act. Schedule 4 gives the addresses of the various SABS offices where copies of the standards mentioned in the notice can be obtained. See Government Notice No. 614 of Government Gazette No. 33369 of 16 July 2010.
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The Minister of Justice and Constitutional Development published the descriptions submitted to him by the Council for Medical Schemes, setting out the category of records for which access is automatically available as well as where such records may be viewed or accessed, in the schedule to the notice. See Government Notice No. 586 of Government Gazette No. 33350 of 9 July 2010.
The Minister of Justice and Constitutional Development published the descriptions submitted to him by the Limpopo Department of Economic Development, Environment and Tourism, setting out the category of records for which access is automatically available as well as where such records may be viewed or accessed, in the schedule to the notice. See Government Notice No. 603 of Government Gazette No. 33370 of 16 July 2010.
The Premier of Limpopo published the descriptions of the records for which access is automatically available in the schedule to the notice. See Government Notice No. 229 of Government Gazette No. 1820 of 28 July 2010.
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The Minister of Justice and Constitutional Development published under section 15(2) of the Act, the descriptions submitted to him in accordance with section 15(1) by the Department of Cooperative Governance and Traditional Affairs, setting out the category of Records for which access is automatically available as well as the respective contact person of each category. See Government Notice No. 501 of Government Gazette No. 33265 of 11 June 2010.
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On 31 March 2010 the Supreme Court of Appeal (per judges Harms DP, Cloete, Malan, Heher and Leach JJA) handed down judgment in the matter of Thembekile Mankayi vs Anglogold Ashanti Ltd. The matter was heard on appeal from the Johannesburg High Court and dealt with the question of whether a mineworker who contracted an occupational disease during the course of his employment could claim damages from his employer for injuries sustained as a result of the mine's breach of a common-law duty of care to provide a safe working environment.
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The Minister of Water and Environmental Affairs published the following draft Implementation Guidelines for public comment:
- A Companion Document on the Environmental Impact Assessment Regulations, 2010;
- Public Participation Guideline; and
- Environmental Management Framework Guidelines
Members of the public are invited to submit written representations and comments on the proposed guidelines within 30 days of the publication of the notice (i.e. 19 July 2010).
See Notice No. 603 (Part a, b, c, d and e) in Government Gazette No. 33308 dated 18 June 2010.
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The Minister of Justice and Constitutional Development published under section 15(2) of the Act, the descriptions submitted in terms of section 15(1) of the following entities:
- South African Qualifications Authority (See GN. 408 of GG 33193 of 12 May 2010);
- Department of Sport and Recreation (See GN 407 of GG 33193 of 12 May 2010);
- South African State Information Technology Agency (See GN 453 of GG 33211 of 28 May 2010);
- Gauteng Department of Education (See GN 452 of GG. 33211 of 28 May 2010);
- Department of Roads and Transport (See GN 451 of GG 33211 of 28 May 2010);
- Department of the Independence Complaints Directorate (See GN 450 of GG 33211 of 28 May 2010);
- Office of the Premier, Gauteng Provincial Department (See GN449 of GG 33211 of 28 May 2010).
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All South African standards that were previously published by the South African Bureau of Standards with the prefix "SABS" have been redesignated as South African National Standards and are now published by Standards South Africa (a division of SABS) with the prefix "SANS". The Notices provide for a list of SANS standards and their new codes together with the equivalent SABS numbers, where applicable, for sake of convenience. The Standards mentioned in the Schedules 1, 2 and 3 to the Notices have respectively been issued, amended and cancelled in terms of section 16(3) of this Act. Schedule 4 gives the addresses of the various SABS offices where copies of the standards mentioned in the notice can be obtained. See Government Notice No. 347 of Government Gazette No. 33151 of 7 May 2010 and Government Notice No. 434 of Government Gazette No. 33210 of 28 May 2010.
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The Minister of Agriculture, Forestry and Fisheries prohibited the use of Agricultural Remedy containing Chlorpyrifos as an active ingredient in household, home garden and domestic agricultural remedies. See Government Notice No. 375 of Government Gazette No. 33171 of 14 May 2010.
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The recent Western Cape High Court judgment by Mister Justice Fourie in the matter of Seafront for All & Another v The MEC: Environmental and Development Planning, Western Cape Provincial Government and 3 Others[1] brought to an end a protracted legal battle involving the preservation of one of Cape Town's most valued multi-cultural and multi-racial public open spaces, the Sea Point Promenade.
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The City of Cape Town enacted By-laws for Electricity Supply which by-laws include provisions on the following aspects, namely:
- General Conditions of Supply;
- Responsibilities of Consumers;
- Specific Conditions of Supply;
- Systems of Supply;
- Measurement of Electricity;
- Electrical Contractors;
- Cost of Work; and
- Penalties.
The City of Cape Town Electricity Supply By-law promulgated under Provincial Notice No. 6114 on 12 March 2004 is hereby repealed. See Provincial Gazette No. 6727 of 16 April 2010.
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The Minister of Justice and Constitutional Development published under section 15(2) of this Act, the descriptions submitted in terms of section 15(1) of this Act by the South African Police Services, as set out in the Schedule to the Notice. See Government Notice No. 324 of Government Gazette No. 33127 of 23 April 2010.
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All South African standards that were previously published by the South African Bureau of Standards with the prefix "SABS" have been redesignated as South African National Standards and are now published by Standards South Africa (a division of SABS) with the prefix "SANS". The notices provide for a list of SANS standards and their new codes together with the equivalent SABS numbers, where applicable, for sake of convenience. The Standards mentioned in the Schedules 1, 2 and 3 to the notices have respectively been issued, amended and cancelled in terms of section 16(3) of this Act. See Government Notice No. 319 of Government Gazette No. 33126 of 23 April 2010.
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The Nelson Mandela Bay Metropolitan Municipality enacted By-laws for Public Amenities which by-laws include provisions on the following aspects, namely:
- General provisions relating to public amenities;
- Specific provisions relating to rivers, dams, estuaries and sea; and
- Miscellaneous provisions.
Any by-laws previously promulgated by the Municipality, as far as they relate to any matter in the by-law, are repealed. See Provincial Notice No. 39 of Provincial Gazette No. 2322 of 24 March 2010.
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The Nelson Mandela Bay Metropolitan Municipality enacted the Municipal Health By-laws which by-laws include provisions on the following aspects, namely:
- Municipal health nuisances;
- Health nuisances arising from the keeping of animals;
- Animal establishments;
- Accommodation establishments;
- Child care facilities;
- Swimming pools and water related recreational facilities;
- Barbers, Hairdressers, Beauticians, Body piercers or Tattooists;
- Waste management;
- Water and sanitation;
- Disposal of corpses and disturbance of mortal remains;
- Dry-cleaning and laundry businesses and depots;
- Enforcement; and
- Miscellaneous provisions.
Any by-laws previously promulgated by the Municipality, as far as they relate to any matter in the by-law, are repealed. See Provincial Notice No. 36 of Provincial Gazette No. 2322 of 24 March 2010.
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The Nelson Mandela Bay Metropolitan Municipality enacted the Prevention of Public Nuisances and Public Nuisances Arising from the Keeping of Animals By-laws which by-laws include provisions on the following aspects, namely:
- General provisions relating to public nuisances;
- General provisions relating to keeping of animals;
- Provisions relating to keeping of dogs, cats and pets;
- Dog kennels, catteries, pet shops and pet parlours; and
- General provisions relating thereto.
Any by-laws previously promulgated by the Municipality, as far as they relate to any matter in the by-law, are repealed. See Provincial Notice No. 38 of Provincial Gazette No. 2322 of 24 March 2010.
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The Nelson Mandela Bay Metropolitan Municipality enacted By-laws for Noise Control which by-laws include provisions on the following aspects, namely:
- The interpretation and objectives of the by-law;
- Noise pollution management; and
- General provisions related thereto.
Any by-laws previously promulgated by the Municipality, as far as they relate to any matter in the by-law, are repealed. See Provincial Notice No. 37 of Provincial Gazette No. 2322 of 24 March 2010.
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The Nelson Mandela Bay Metropolitan Municipality enacted By-laws for Emissions which by-laws include provisions on the following aspects, namely:
- Duty of care;
- Smoke emissions from premises other than dwellings;
- Smoke emissions from dwellings;
- Emissions caused by open burning;
- Emissions from compresses ignition powered vehicles;
- Emissions that cause a nuisance;
- Offensive odours;
- Dust nuisance;
- Fume nuisance; and
- General provisions related thereto.
Any by-laws previously promulgated by the Municipality, as far as they relate to any matter in the by-law, are repealed. See Provincial Notice No. 33 of Provincial Gazette No. 2322 of 24 March 2010.
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All South African standards that were previously published by the South African Bureau of Standards with the prefix "SABS" have been redesignated as South African National Standards and are now published by Standards South Africa (a division of SABS) with the prefix "SANS". The Notices provide for a list of SANS standards and their new codes together with the equivalent SABS numbers, where applicable, for sake of convenience. The Standards mentioned in the Schedules 1, 2 and 3 to the Notices have respectively been issued, amended and cancelled in terms of section 16(3) of this Act. See Government Notice No. 167 of Government Gazette No. 32981 of 5 March 2010.
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The Minister of Health has made regulations relating to the labeling and advertising of foodstuffs set out in the schedule to the notice. See Government Notice No. 146 of Government Gazette No. 32975 of 1 March 2010. In terms of regulation 55 of the aforesaid GN 146 of 1 March 2010, the regulations promulgated under GNR 908 of 27 May 1977 has been repealed in so far as it relates to foodstuffs including the definition of "gluten free", regulations 5(2)(e) and 5(3)(e) thereof. It appears that there are some discrepancies in that the definition of "gluten free" and regulations 5(2)(e) and 5(3)(e) do not appear in GNR 908 of 27 May 1977. CCI has compared the aforesaid GNR 908 of 27 May 1977 to various sources and it seems that further discrepancies between the various sources exist. CCI is investigating this issue and will endeavour to provide some clarity in the following legislative update notification.
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The Minister of Agriculture, Forestry and Fisheries amended the fees payable in Table 1 of Government Notice No. 1449 of 1 July 1983, which regulations relates to the applications for registration of a farm feed. Such registrations will be validfor three years. See Government Notice No. 216 of Government Gazette No. 33042 of 26 March 2010.
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The Minister of Agriculture, Forestry and Fisheries amended the fees payable in Table 10 of the Control Measures, published under Government Notice No. 110 of 27 January 1984. The fees relate to the inspection and simultaneous issuing of a permit to exempt someone from the stipulations of a control measures. Furthermore it relates to fees in respect of tests, examinations or analyses of a sample taken in the course of an examination as intended in item 1 of the table. The amendment came into operation on 1 April 2010. See Government Notice No. 74 of Government Gazette No. 32935 of 12 February 2010.
The Minister of Agriculture, Forestry and Fisheries amended the fees payable in Table 1 of the Control Measures published under Government Notice No. 111 of 27 January 1984. The fees relate to the inspection of a quarantine area in respect of which an application, adaptation or withdrawal of an instruction has been submitted in terms of regulation 8(a). Furthermore it relates to fees in respect of tests, examinations or analyses of a sample taken in the course of an examination as intended in item 1 of the table. The amendment came into operation on 1 April 2010. See Government Notice No. 73 of Government Gazette No. 32935 of 12 February 2010.
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The Minister of Agriculture, Forestry and Fisheries amended the fees payable in Table 1 of Government Notice No. 1449 of 1 July 1983, which regulations relates to fertilizers, farm feeds, agricultural remedies and stock remedies, sterilizing plants and pest control operators, appeals and imports. See Government Notice No. 72 of Government Gazette No. 32935 of 12 February 2010.
The Minister of Agriculture, Forestry and Fisheries amended Table 2 of the Farm Feeds Regulations, which Table indicates all undesirable substances in animal feeds. See Government Notice No. 70 of Government Gazette No. 32935 of 12 February 2010.
The Minister of Agriculture, Forestry and Fisheries published the prohibition on the acquisition, disposal or use of certain farm feeds as set out in the schedule to the notice. See Government Notice No. 78 of Government Gazette No. 32934 of 12 February 2010.
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The Minister of Agriculture, Forestry and Fisheries amended Table 1 of Government Notice No. 1013 of 26 May 1989, which sets out the classes of controlled goods which may be imported into South Africa without a permit, by deleting the expression "Punica" in item 5 of the said table. See Government Notice No. 49 of Government Gazette No. 32916 of 5 February 2010.
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Employers are charged with certain functions and responsibilities in terms of either the Occupational Health and Safety Act, 85 of 1993 ("OHSA") or the Mine Health and Safety Act, 29 of 1996 ("MHSA"). These acts assume that employers in certain industries or of a particular size is however unable to perform the functions itself and must therefore rely on an appointment structure, which consists of various managers and other appointed persons, to perform the functions and responsibilities which are entrusted to the employer in terms of either the OHSA or the MHSA, on behalf of the employer.
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All South African standards that were previously published by the South African Bureau of Standards with the prefix "SABS" have been redesignated as South African National Standards and are now published by Standards South Africa (a division of SABS) with the prefix "SANS". The Notices provide for a list of SANS standards and their new codes together with the equivalent SABS numbers, where applicable, for sake of convenience. The Standards mentioned in the Schedules 1, 2 and 3 to the Notices have respectively been issued, amended and cancelled in terms of section 16(3) of this Act. See Government Notice No. 12 of Government Gazette No. 32872 of 22 January 2010.
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Swartland Municipality vs Hugo Wiehahn Louw N.O. and Others (Case Number 13703/09)
Judgement was handed down in the Western Cape High Court on 21 December 2009 in the above matter. The matter concerns the enforcement of the Land Use Planning Ordinance, No. 15 of 1985 (Cape) and the Scheme Regulations promulgated in terms thereof (LUPO) versus the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA).
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The Ekurhuleni Metropolitan Municipality, at a meeting held on 26 November 2009, resolved to repeal the following by-laws which became redundant with the promulgation of the new Public Health By-laws, namely:
- Food Handling – EGSC (AN 354 dd 28/02/1973);
- Housing Nuisances – Bedford View (AN 327 dd 23/10/1993), Modderfontein and Springs (LAN 2807 dd 4/08/1993);
- Keeping of Animals – EGSC (AN 1899 dd 8/10/1986);
- Milk – Kempton Park (AN 1024 dd 11/08/1971);
- Public Amenities – Alberton, Bedford View, Boksburg, Edenvale, EGSC, Kempton Park, Nigel and Springs (AN 60 dd 14/09/1990); and
- Smoke – Boksburg (AN 1254 dd 8/09/1971).
See Provincial Notice No. 2033 of Provincial Gazette No. 280 of 23 December 2009.
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