IN THE LOOP (18)

Vol. 1 No. 18, covering the week ending 26 November 2021


DEVELOPMENTS OF GENERAL INTEREST


The Constitution 18th Amendment Bill is scheduled to be debated in the National Assembly on Tuesday 7 December. If supported by two thirds of the House, it will be sent to the NCOP, where it will require the support of at least six provinces. The Bill's purpose is to amend section 25 of the Constitution (property rights) to expressly provide for expropriation with nil compensation for land reform purposes in circumstances spelled out in the Expropriation Bill.


A procedural misunderstanding prevented the National Assembly’s Public Works & Infrastructure Committee from receiving input on policy and constitutional issues raised during the revised Expropriation Bill’s first round of public hearings. Although advice from counsel was sought and received by the department on the merits or otherwise of defining ‘property’, it was not presented. The Bill will not be considered again until next year.


The Department of Forestry, Fisheries & the Environment has clarified the status of authorisations to conduct seismic surveys along the South African coastline, which are scheduled to begin next month.


The National Assembly Committee on Police has given the Civilian Secretariat for Police more time to finalise the controversial draft Firearms Control Amendment Bill.


DEVELOPMENTS OF SECTOR-SPECIFIC INTEREST


Justice & Correctional Services Minister Ronald Lamola has provided insight into a five-year strategy for positioning the Office of the Solicitor General as the ‘nerve centre’ in providing ‘state legal services’; and implementing the 2014 State Attorney Amendment Act.


The National Assembly’s Mineral Resources & Energy Committee intends consulting stakeholders on September’s Gauteng High Court (Pretoria) judgment, which set aside ‘some clauses of the Mining Charter’. Meanwhile, the committee will seek an opinion from parliamentary legal services ‘on grounds to compel the department to launch an appeal, in order to avoid a pattern of similar judgments’.


The National Assembly’s Trade & Industry Committee is expected to decide this week which clauses of the remitted 2017 Copyright Amendment Bill should be reopened for public comment and how the amendments envisaged should be worded.


OPPORTUNITIES FOR PUBLIC COMMENT


The South African Law Reform Commission has:

  • published a discussion paper setting out ‘preliminary proposals’ for reforming ‘the process of relocation where a minor child is involved’, and

  • extended the deadline for input on its matrimonial property law issue paper.

In anticipation of a final round of public hearings, the NCOP’s Finance Committee has called for written submissions on the 2021 Taxation Laws Amendment Bill, Tax Administration Laws Amendment Bill and Rates & Monetary Amounts & Amendment of Revenue Laws Bill.


The South African Reserve Bank has released a consultation paper on proposed reforms to SA’s monetary policy implementation framework.


The Independent Communications Authority of SA has gazetted draft amendments to regulations in place since 2010 for governing aspects of its complaints and compliance committee.


The Department of Forestry, Fisheries & the Environment has called for input on a ‘non-detriment finding’ report following a review of the impact of exporting captive cheetah on its survival.


​FROM THE POWERS THAT BE


'There are no easy solutions to load shedding' (President Cyril Ramaphosa)


'While there are certainly particular challenges associated with so-called ‘hung’ municipalities, these challenges are by no means insurmountable' (President Cyril Ramaphosa)


'The need to better the lives of our communities is paramount, it doesn’t matter which political parties we are affiliated to, ideally enhancing the lives of citizens of this country should override our political interests' (Water & Sanitation Minister Senzo Mchunu)


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