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CONDENSED SUMMARIES
OF SELECTED ACTS


WORKING GROUP 1 ACTS - THE TRIPLE CHALLENGES OF POVERTY, UNEMPLOYMENT AND INEQUALITY - THE CREATION AND EQUITABLE DISTRIBUTION OF WEALTH

 

WAGE INEQUALITY

Basic conditions of employment act (no 75 of 1997)

The Basic Conditions of Employment Act (BCEA) seeks to give effect to the right to fair labour practices referred to in section 23(1) of the Constitution by establishing and making provisions for the regulation of basic conditions of employment; and thereby to comply with the obligations of the Republic as a member state of the International Labour Organisation.

The BCEA was recently amended to, among other things, prohibit employers from requiring employees to make payments to secure employment and from requiring employees to purchase goods, services or products; provide for the Minister of labour to publish a sectoral determination for employees and employers who are not covered by any other sectoral determination; and to provide for the Director-General to apply to the Labour Court for an employer to comply with a written undertaken by the employer.

Labour Relations act (no 66 of 1995)

The Labour Relations Act (LRA) is the major labour statute in the country. According to the long-title of the Act, it seeks to give effect to section 23 of the Constitution; regulate the organisational rights of trade unions; promote and facilitate collective bargaining at the workplace and at sectoral level; and to provide simple procedures for the resolution of labour disputes through statutory conciliation, mediation and arbitration (for which purpose the Commission for Conciliation, Mediation and Arbitration was established), and through independent alternative dispute resolution services accredited for that purpose.

National Economic Development and Labour Council Act (No. 35 of 1994)

The Act established the National Economic, Development and Labour Council (NEDLAC), which is comprised of organised labour, organised business, organisations of community and development interests as well as the State. NEDLAC is governed by an executive council, which consists of the Public finance and monetary policy chamber, Trade and industry chamber, Labour market chamber as well as the Development chamber.

Some of the functions of NEDLAC are to strive to promote the goals of economic growth, participation in economic decision-making and social equity; seek to reach consensus and conclude agreements on matters pertaining to social and economic policy; and to consider all proposed labour legislation relating to labour market policy before it is introduced in Parliament.

WEALTH DISTRIBUTION AND INEQUALITY

Income Tax Act (No. 58 of 1962)

The purpose of the Act is to consolidate the law relating to the taxation of incomes and donations, to provide for the recovery of taxes on persons, the deduction by employers of amounts from the remuneration of employees in respect of certain tax liabilities of employees, and for the making of provisional tax payments and for the payment into the National Revenue Fund of portions of the normal tax and interest and other charges in respect of such taxes, and other related matters.


Banks Act (no. 66 of 1990)

The Banking Sector is governed by The Banks Act, 1990, and Regulations thereto.
It provides for the regulation and supervision of the business of public companies taking deposits from the public; and to provide for matters connected therewith.

South African Reserve Bank Act (90 of 1989)

The South Africa Reserve Bank (SARB) Act was promulgated to consolidate the laws relating to the SARB and the monetary system of the country. It provides a framework for the SARB's operations, the power and duties of the SARB, and its primary objective, which is "to protect the value of the currency of the Republic in the interest of balanced and sustainable economic growth in the Republic" .

National Empowerment Fund Act (No. 105 of 1998)

The National Empowerment Fund Act aims to establish a trust (named the National Empowerment Fund). A trust that is mandated to promote and facilitate the ownership of income generating assets by historically disadvantaged South Africans. The National Empowerment Fund encourages the creation of wealth for black people through the promotion of savings and investment. This mandate is aligned to the country's aim of promoting the participation of black people in the economy and creating jobs. 

Companies Act (No. 71 of 2008)

The purpose of the Companies Act is to mainly provide for matters related to incorporation, registration, organization and management of companies, the capitalization of profit companies, and the registration of offices of foreign companies; equitable and efficient amalgamations, mergers and takeovers of companies; efficient rescue of financially distressed companies; and appropriate legal redress for investors and third parties with respect to companies. This is done through two entities that the Act established, the Companies and Intellectual Property Commission (for administration) and the Companies Tribunal (for facilitating alternative dispute resolution).

Co-Operatives Act (No. 14 of 2005)

The Co-operatives Act is administered by the Minister of Trade and Industry. The purpose of the Co-operatives Act is to, among other things, promote the development of sustainable co-operatives that comply with co-operative principles, thereby increasing the number and variety of economic enterprises operating in the formal economy; and to encourage persons and groups who subscribe to values of self-reliance and self-help and who choose to work together in democratically controlled enterprises, to register co-operatives in terms of this Act.

Competition Act (No. 89 Of 1998)

The Act is meant to address the country's challenges relating to discriminatory laws and practices of the past, laws on ownership and control in the South African economy. Furthermore, the Act makes provisions for dealing with anticompetitive trade practices. The Act further provides for the establishment of a Competition Commission which is the regulatory competition entity in the country.

Broad Based Black Economic Empowerment Act (No. 53 of 2003)

The Broad Based Black Economic Empowerment (B-BBEE) Act is based on B-BBEE  Policy which was initiated by Government and aimed at addressing inequalities in the country associated with the legacy of discrimination. The purpose of the Act is to address these inequalities by providing economic opportunities to black individuals who were previously disadvantaged and had no access to such opportunities in the past including opportunities for acquiring of skills, employment, ownership and control of business. This is in line with government's objective of facilitating broad-based economic participation through targeted interventions to achieve more inclusive growth.

Preferential Procurement Policy Framework Act (No 5 of 2000)

The Preferential Procurement Framework Act was enacted in 2000 and the purpose of the Act is to effect Section 217 of the Constitution.  The Act provides for processes to be followed when government entities have tenders. It provides for the evaluation of submissions as well as set criteria for tenders. This is to ensure that there is preference in awarding tenders to companies who promote black empowerment to those who do not (promoting BBBEE) and that local companies are preferred to foreign companies (promoting domestic industrialisation). 

Public Investment Corporation Act (No. 23 of 2004)

The Public Investment Corporation Act (PICA) is administered by the Minister of Finance. The PICA established the Public Investment Corporation (PIC) as a juristic person and makes provision for the investment by the PIC of certain monies received or held by, for or on behalf of the Government of the Republic and certain bodies, councils, funds and accounts.

National Credit Act (No 19 of 2014)

The National Credit Act aims to promote a conducive credit market environment for both consumers and credit providers. The purposes of this Act is to "promote and advance the social and economic welfare of South Africans, promote a fair, transparent, competitive, sustainable, responsible, efficient, effective and accessible credit market and industry, and to protect consumers."  This is done mainly through promoting a fair and non-discriminatory credit environment, eliminating reckless lending practises, protecting consumers and preserve consumer rights, regulating credit information.

 

LABOUR REGULATORY ENVIRONMENT

Basic Conditions of Employment Act (No 75 of 1997)

The Basic Conditions of Employment Act (BCEA) seeks to give effect to the right to fair labour practices referred to in section 23(1) of the Constitution by establishing and making provisions for the regulation of basic conditions of employment; and thereby to comply with the obligations of the Republic as a member state of the International Labour Organisation.

The BCEA was recently amended to, among other things, prohibit employers from requiring employees to make payments to secure employment and from requiring employees to purchase goods, services or products; provide for the Minister of labour to publish a sectoral determination for employees and employers who are not covered by any other sectoral determination; and to provide for the Director-General to apply to the Labour Court for an employer to comply with a written undertaken by the employer.

Labour Relations Act (No 66 of 1995)

The Labour Relations Act (LRA) is the major labour statute in the country. According to the long-title of the Act, it seeks to give effect to section 23 of the Constitution; regulate the organisational rights of trade unions; promote and facilitate collective bargaining at the workplace and at sectoral level; and to provide simple procedures for the resolution of labour disputes through statutory conciliation, mediation and arbitration (for which purpose the Commission for Conciliation, Mediation and Arbitration was established), and through independent alternative dispute resolution services accredited for that purpose.

National Economic Development and Labour Council Act (No. 35 of 1994)

The Act established the National Economic, Development and Labour Council (NEDLAC), which is comprised of organised labour, organised business, organisations of community and development interests as well as the State. NEDLAC is governed by an executive council, which consists of the Public finance and monetary policy chamber, Trade and industry chamber, Labour market chamber as well as the Development chamber.

Some of the functions of NEDLAC are to strive to promote the goals of economic growth, participation in economic decision-making and social equity; seek to reach consensus and conclude agreements on matters pertaining to social and economic policy; and to consider all proposed labour legislation relating to labour market policy before it is introduced in Parliament.


UNEMPLOYMENT

Employment Tax Incentive Act (No.26 of 2013)

The Employment Tax Incentive Act came into effect on 1 January 2013.  It allows for eligible employers, who are duly registered for employees' tax (PAYE), to receive an incentive for employing employees who are between 18 and 29 years old. 

Employment Equity Act (No 55 Of 1998)

This Employment Equity Act (EEA) was assented to in 1998 and implemented in 1999 in recognition of the fact that as a result of apartheid and other discriminatory laws and practices, there are disparities in employment, occupation and income within the national labour market; and that those disparities create such pronounced disadvantages for certain categories of people that they cannot be redressed simply by repealing discriminatory laws.

Therefore, the EEA was introduced to promote the constitutional right of equality and the exercise of true democracy; eliminate unfair discrimination in employment; and to ensure the implementation of employment equity to redress the effects of discrimination.

Unemployment Insurance Act (No. 63 of 2001)

The Unemployment Insurance Act (UIA) established the Unemployment Insurance Fund to provide for the payment from the Fund of unemployment benefits to certain employees and for the payment of illness, maternity, adoption and dependent's benefits related to the unemployment of such employees. The UIA was amended earlier this year so as to, among other things, provide for the extension of the unemployment insurance benefits to learners who are undergoing learnership training and civil servants as well as to finance employment services.

Employment Services Act (No. 4 of 2012)

The Employment Services Act (ESA) was assented to in 2014 and seeks to, among other things, provide for public employment services; provide for the establishment of schemes to promote the employment of young work seekers and other vulnerable persons; provide for schemes to assist employees in distressed companies to retain employment; provide for the registration and regulation of private employment agencies; provide for the establishment of Productivity South Africa; and provide for the establishment of Supported Employment Enterprises.


POVERTY AND ACCESS TO BASIC SERVICES

Social Assistance Act (Act No 59 of 1992)

The Act provides for the rendering of social assistance to persons, national councils, and welfare organisations. It makes provision for the payment of grants, including social grants to the aged and war veterans; disability grants; child-support grants; foster child grants, grants-in-aid to support persons who attend on those who are have a physical or mental condition that requires regular assistance and financial awards to welfare organisations and persons. 
 

National Small Business Act (No 102 of 1996)

The purpose of the Act is to provide guidelines for the promotion of small businesses in the country as well as provide for the establishment of the National Small Business Council and the Ntsika Enterprise Promotion Agency. The Act has since been amended, hence the National Small Business Amendment Act, Act 29 of 2004 which provided for the establishment of the Small Enterprise Development Agency (SEDA). SEDA provides business development and support services for small businesses nationally, in partnership with other role players in small enterprise support.


UNEQUAL ACCESS TO QUALITY HEALTHCARE

National Health Care Act (Act No 61 of 2003)

The Act provides a framework for a structured uniform health system. It takes into account the health obligations set by the Constitution and other related laws that impact on health services at national, provincial and local government level. The Act sets national guidelines, norms and standards which each province, municipality and health district must address in order to deliver quality health care services.

Medicines and Related Substances Amendment Act (59 of 2002)

The aim of the Act is to, among other things, amend the Medicines and Related Substances Act of 1965 which sought to regulate the registration of drugs for human use and which established the Drugs Control Council (now referred to as the Medicines Control Council). The Act also regulates the sale, purchase, distribution, registration and marketing of drugs for human consumption.


Medical Schemes Act (No. 131 of 1998)

The purpose of the Act is to consolidate the laws relating to registered medical schemes, to provide for the establishment of the Council for Medical Schemes as a juristic person, and to provide for the appointment of the Registrar of Medical Schemes. The aim of the Act is to protect members of medical schemes and to make provision for the registration and control of certain activities of medical schemes.


QUALITY EDUCATION

National Student Financial Aid Scheme Act (56 of 1999)

The purpose of this Act is to establish a national student financial aid scheme (NSFAS) that is affordable and sustainable, which would redress past discrimination and ensure equal access and representation in higher education. 

Further Education and Training Colleges Act (56 of 1999)

The Act provides for the regulation of further education and training (FET), provides for the establishment of a national coordinated FET training system which promotes co-operatives governance and provides for programme-based vocational and occupational training. 

The South African Schools Act (Act No 84 of 1996)

The Act provides for the setting up of a national system for schools which addresses past injustices in the education system and provides high quality education for all learners. It seeks to combat racism, sexism and other forms of discrimination in the education system and to uphold the rights of learners, educators and parents.

National Education Policy Act (No. 27 of 1996)

The purpose of the Act is to provide for the determination of a national policy for basic education and to repeal the pre-existing National Policy for General Education Affairs Act of 1984. The Act seeks to provide for a national education policy, determined by the Minister of Basic Education, in consultation with bodies  as prescribed by the Act. The Act also makes provision for the publication and implementation of the National Education Policy as well as the monitoring and evaluation thereof and basic education in general.


SPATIAL INEQUALITY

Development Bank of Southern Africa Act (No 41 of 2014)

The Development Bank of Southern Africa Act No 41 of 2014 is an amendment Act of the same Act No13 of 1997. The purpose of the Act is to update the mandate of the Development Bank through providing for new regions in which the Bank may operate; and increasing the authorised share capital of the Bank. Furthermore, the Act provides for administrative issues such as the appointment of a director on the board, shareholders' approval for subscription by the shareholders, issuing of certificates, and empowering the Minister to make regulations in relation to this Act. 


National Development Agency Act (108 of 1998)

The purpose of the Act is to establish 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, as well as the objectives and functions of the Agency, the manner in which it is to be managed and governed, and to regulate its staff matters and financial affairs.

Spatial Planning and Land Use Management Act (Act No 16 of 2013)

The Act provides a framework for spatial planning and land use management and specifies the relationship between the spatial planning and the land use management system and other kinds of planning. It seeks to provide for inclusive, developmental, equitable and efficient spatial planning at the different spheres of Government.

Industrial Development Act (No 9 of 1995)

The Industrial Development Corporation Act no 22 of 1940 was enacted mainly to establish a corporation (known as the Industrial Development Corporation) as an entity to promote the establishment of new industries and the development of existing industries and industrial activities.  The Industrial Development Corporation therefore provides financial support for industrial development projects, promote partnerships across industries in South Africa and outside our borders, and promote regional economic growth.
 

SKILLS DEVELOPMENT

Skills Development Act (Act No 97 of 1998)

The Act creates a framework to devise and implement national, sector and workplace strategies to develop and improve the skills of the South African workforce. It seeks to integrate these strategies into the National Qualifications Framework. The Act also provides for the establishment of a National Skills Authority and Sector Education and Training Authorities (SETAs).

Skills Development Levies Act (9 of 1999)

The Skills Development Levies Act, 1999, serves to fund the skills development initiative in the country, through the imposition of a skills development levy. The intention is to encourage a planned and structured approach to learning, and to increase employment prospects for work seekers.

Adult Education and Training Act (No. 52 of 2000)

The aim of the Act is to establish a coordinated adult education and training system at a national level which promotes cooperative governance and provides for programme-based adult education. The Act regulates education services for adult learners and contains all laws that relate to basic adult education and training at both public and private learning centres.

Further Education and Training Colleges Act (56 of 1999)

The Act provides for the regulation of further education and training (FET), provides for the establishment of a national coordinated FET training system which promotes co-operatives governance and provides for programme-based vocational and occupational training. 


WORKING GROUP 2 ACTS: LAND REFORM, RESTITUTION, REDISTRIBUTION AND SECURITY OF TENURE

 

KwaZulu-Natal Ingonyama Trust Act, No 3 of 1994

The Act makes provision for the establishment of the Ingonyama Trust to manage land owned by the Government of KwaZulu immediately prior to the Act's commencement. The trust land vests in the Ingonyama, King Zwelithini Zulu, as a trustee on behalf of members of communities defined in the Act. It further stipulates that the Ingonyama may administer the land in accordance with Zulu customary

Traditional Leadership and Governance Framework Act, 41 of 2003

The Act provides for the establishment and recognition of traditional communities, kingships or queenships and principal traditional communities. It also provides for the establishment of traditional and kingship or queenship councils to, amongst others, administer the affairs of the respective communities. Finally, the Act provides a framework for leadership positions within the institution of traditional leadership and the resolution of disputes and claims between or within traditional communities.

National House of Traditional Leaders Act, 22 of 2009

The Act provides for the establishment of the National House of Traditional Leaders (NHTL) and establishes a framework for its structure and operations, as well as its powers, duties and responsibilities. Furthermore, the Act regulates the relationship between the NHTL and relevant structures, such as the kings and queens, and the provincial Houses of Traditional Leaders. Schedule C to the Act contains a Code of Conduct to which all members of the House must adhere.

Land Reform (Labour Tenants) Act (LTA), No 3 of 1996

The Act provides labour tenants the same procedural rights as other occupiers in terms of ESTA. The Act differs from ESTA in that, in addition to regulating evictions, it also provides a limited opportunity for labour tenants to claim ownership of land that they occupy and use.

Transformation of Certain Rural Areas Act (TRANCAA), No 94 of 1998

The Act provides for the transfer of ownership of land of the 23 former-coloured areas located in the Northern Cape, Western Cape, Eastern Cape and Free State to residents or accountable local institutions. Trust land situated within a township is to be invested in the municipality, while trust land outside of a township area is to be transferred to an entity or entities approved by the Minister.

Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, No 19 of 1998

The Act prohibits the prohibition of unlawful eviction, and sets out procedures for the eviction of unlawful occupiers. It provides that the circumstances of the person being evicted must be taken into account and the law should be carried out in a fair manner. The Act also puts an obligation on the courts to give special consideration to the rights of the elderly, disabled persons and particularly households headed by women.

Interim Protection of Informal Land Rights Act (IPILRA), No 31 of 1996

The Act provides for strong protection for the informal and customary land rights of rural people. A key provision is that people cannot be deprived of their 'informal rights' to land unless they give consent and have to be paid suitable compensation. It also provides that the community can only decide to deprive someone of their informal land rights if the majority of community agrees to this. 


Restitution of Land Rights Act, No 22 of 1994

The Act fulfils the requirement of section 25(7) of the Constitution, as it entitles a person or community dispossessed of rights in land after 19 June 1913, as a result of racially discriminatory laws or practice, to claim restoration of those rights or equitable relief in the form of alternative land or compensation.

Communal Property Associations Act (CPA), No 28 of 1996

The Act provides for the establishment of legal entities called Communal Property Associations (CPAs) to enable communities to acquire, hold and manage land on a basis agreed to by the members of a community in terms of a written constitution. The Act specifies that a community must first decide whether it wants to form a CPA, and should then inform the Department of Rural Development and Land Reform (DRDLR) of such decision.

National Forests Act, No 84 of 1998

The Act reforms legislation on forests, makes provision for the management and conservation of public forests. It also promotes the sustainable management of forests.

Land Administration Act, No 2 of 1995

The Act makes provision for the delegation of powers and the assignment of the administration of laws regarding land matters to the provinces. It further provides for the creation of uniform land legislation by the various provinces.

Land and Agricultural Development Bank Act, No 15 of 2002

The Act establishes the Land and Agricultural Development Bank, which is expected to play a pivotal role in advancing agriculture and rural development.  One of the Bank's core functions is to facilitate, support and promote equitable ownership of agricultural land, particularly by historically disadvantaged people. It is also mandated to facilitate, support and promote agrarian reform, land redistribution or development programmes for historically disadvantaged people.

Rural Development and Land Reform General Amendment Act, No 4 of 2011

With the establishment of the new Ministry of Rural Development and Land Reform in 2009, certain administrative powers and functions had to be transferred to the new
Minister. The Act amends relevant definitions and, where necessary, relevant expressions.

Community Schemes Ombud Service Act, No 9 of 2011

Unlike in the past where community schemes-related disputes were directly referred to the courts, the Act makes provision for an alternative dispute resolution mechanism for disputes involving owners, occupiers and governing bodies of a community scheme. It also establishes the Community Schemes Ombud Service (CSOS), tasked with providing dispute resolution services and training for conciliators, adjudicators and other employees of the services. The CSOS is also responsible for regulating, monitoring and controlling the quality of sectional title schemes governance documentation.

Spatial Planning and Land Use Management Act, No 16 of 2013

The Act provides a framework for all spatial planning and land use management legislation in South Africa. It seeks to promote consistency and uniformity in procedures and decision-making in this field.

Government Immovable Asset Management Act, No 19 of 2007

To provide for a uniform framework for the management of an immovable management asset that is held or used by a national or provincial department, and to ensure the coordination of the use of an immovable asset. The Act places additional legal responsibilities on government departments regarding property under their custodianship.

Agriculture Laws Extension Act, No 87 of 1996

To provide for the extension of the application of certain laws relating to agricultural matters to certain territories which form part of the national territory of the Republic of South Africa; and the repeal of certain laws which apply in those territories.

Land Survey Act, No 8 of 1997

The Act regulates the survey of land in the Republic. It makes provision for the establishment and maintenance of the South African national horizontal and vertical control survey networks, which comprise the reference system and the reference frame.

Subdivision of Agricultural Land Act Repeal Act, No 64 of 1998

The Act makes provision to repeal the Subdivision of Agricultural Land Act 70 of 1970. The Subdivision of Agricultural Land Act Repeal Act 64 of 1998 (the Repeal Act), has not yet come into operation. The Repeal Act provides that it will come into operation on a date fixed by the President.

Abolition of Certain Title Conditions Act, No 43 of 1999

The Act makes provision for the transfer or alienation of land which is subject to a restrictive title condition in favour of the State or to the cancellation of the condition itself. The Act is designed to lighten the administrative burden of the relevant Departments to reduce the costs of removing these conditions which serve no meaningful purpose and to assist in the speedy development of the land concerned.

Upgrading of Land Tenure Rights Amendment Act, No 34 of 1996

The objective of the Act is to upgrade full ownership status from a variety of lower land tenure rights and to incorporate the registration of these upgraded rights in accordance with the formal deeds registry system. The Act also provides for the transfer, in full ownership, of tribal land.

KwaZulu-Natal Ingonyama Trust Amendment Act, No 9 of 1997

The Act amends the primary legislation, by redefining "Ingonyama" and "Registrar" and including certain additional definitions. The Act also redefines and extends the categories of beneficiaries of the Trust, and creates a Board to administer the Trust and its assets.

Restitution of Land Rights Amendment Act, No 84 of 1995

The Act amends the Restitution of Land Rights Act, 1994. The amendment provides for the designation of an acting President of the Land Claims Court; for the appointment of additional and acting judges of the Land Claims Court; and further regulates the remuneration and conditions of employment of judges of the Land Claims Court.

Restitution of Land Rights Amendment Act, No 48 of 2003

The amendment Act empowers the Minister of Rural Development and Land Reform to expropriate land and rights in land for the purpose of restitution awards without first going to court.

Restitution of Land Rights Amendment Act, No 15 of 2014

The Act extends the date for the lodging of restitution claims to 30 June 2019. The re-opening of the lodgement process opens an opportunity for eligible claimants who missed the deadline of 31 December 1998, which include 'betterment claimants' that were told they were not eligible to claim.  To ensure that there is reliable data on the claims lodged, the Act provides for the establishment of a National Land Restitution Register, which should be kept updated.

National Environmental Management: Protected Areas Amendment Act, No 31 of 2004

The Act provides for the protection and conservation of ecologically viable areas representative of South Africa's biological diversity and its natural landscapes and seascapes; for the establishment of a national register of all national, provincial and local protected areas; for the management of those areas in accordance with national norms and standards.

Mineral and Petroleum Development Act, No 28 of 2002

The Act make provision for equitable access to and sustainable development of the nation's mineral and petroleum resources. The Act vests custodianship of the country's mineral resources with the State, instead of private property owners as under the previous dispensation.

Provision of Land and Assistance Amendment Act, No 58 of 2008

The Act makes provisions for significant amendments to the Provision of Land and Assistance Act, 1993. The amendment provides for a sufficient legislative framework to continue implementing the Pro-active Land Acquisition Strategy (PLAS) and resolved certain interpretation problems and important shortages and challenges that plagued PLAS projects. The PLAS Implementation Framework was amended to ensure the procedures that are necessary to acquire, manage and dispose of assets acquired in terms of the primary legislation are sufficient and has sound legal and policy standing.

National Water Act, No. 36 of 1998.

The Act is aimed at ensuring that the nation's water resources are protected, used, developed, conserved, managed and controlled in ways which take into account a number of factors. Key considerations include  meeting the basic human needs of present and future generations; promoting equitable access to water; redressing the results of past racial and gender discrimination; promoting the efficient, sustainable and beneficial use of water in the public interest; facilitating social and economic development; providing for growing demand for water use; protecting aquatic and associated ecosystems and their biological diversity; reducing and preventing pollution and degradation of water resources; meeting international obligations; promoting dam safety; managing floods and droughts 

 

WORKING GROUP 3 ACTS: SOCIAL COHESION AND NATION BUILDING


GENDER ACTS

Commission on Gender Equality Act 39 of 1996

This Act establishes the Commission for Gender Equality Act (CGE), the Chapter 9 institution responsible for monitoring the progress towards gender equality and women's rights in South Africa. The Act and Amendment Act (Act 17 of 2013) establish the mandate of the CGE, clarify its functions (monitoring, investigation, research, education, lobbying for and reporting on gender equality), and delineate the process for nominating and appointing Commissioners.


TRADITIONAL LEADERSHIP AND GOVERNANCE ACTS

Traditional Leadership and Governance Framework Act, 41 of 2003

The Act provides for the establishment and recognition of traditional communities, kingships or queenships and principal traditional communities. It also provides for the establishment of traditional and kingship or queenship councils to, amongst others, administer the affairs of the respective communities. Finally, the Act provides a framework for leadership positions within the institution of traditional leadership and the resolution of disputes and claims between or within traditional communities.

National House of Traditional Leaders Act, 22 of 2009

The Act provides for the establishment of the National House of Traditional Leaders (NHTL) and establishes a framework for its structure and operations, as well as its powers, duties and responsibilities. Furthermore, the Act regulates the relationship between the NHTL and relevant structures, such as the kings and queens, and the provincial Houses of Traditional Leaders. Schedule C to the Act contains a Code of Conduct to which all members of the House must adhere.

PROMOTION OF CULTURE AND TRADITION ACTS

Culture Promotion Act 35 of 1983

This legislation provides for the preservation, development, fostering and extension of culture in the Republic by planning, organising, co-ordinating and providing facilities for the utilisation of leisure and for non-formal education; for the development and promotion of cultural relations with other countries; and for the establishment of regional councils for cultural affairs; to confer certain powers upon Ministers in order to achieve those objects.

Cultural Institutions Act 119 of 1998 as amended

The Cultural Institutions Act provides for the payment of subsidies to certain cultural institutions; for the establishment of certain institutions as declared cultural institutions (such as national museums and theatres) under the control of councils; the establishment of a National Museums Division.

National Heritage Council Act 11 of 1999 as amended

This Act establishes a juristic person to be known as the National Heritage Council (NHC); determines its objects, functions and method of work; prescribes the manner in which the NHC is to be managed and governed; to regulate its staff matters and financial affairs.

World Heritage Convention Act 49 of 1999

The World Heritage Convention Act (WHCA) provides for the incorporation of the World Heritage Convention into South African law; the enforcement and implementation of the World Heritage Convention in South Africa; the recognition and establishment of World Heritage Sites. The Act also establishes Authorities and grants additional powers to existing organs of state to protect and preserve the integrity of World Heritage Sites. Further, where appropriate, the Act provides for the establishment of Boards and Executive Staff Components of the Authorities; integrated management plans over World Heritage Sites; land matters in relation to World Heritage Sites; financial, auditing and reporting controls over the Authorities; and further provides for incidental matters.

Heraldry Act 18 of 1962

This Act makes provision for the establishment of a bureau of heraldry, a heraldry committee and a heraldry council; for the registration and protection of coats of arms, badges, other emblems, names and uniforms; and for other matters incidental thereto.

National Archives and Records Service of South Africa Act 43 of 1996

The NARSA Act provides for a National Archives and Record Service; the proper management and care of the records of governmental bodies; and the preservation and use of a national archival heritage. 

National Arts Council Act 56 of 1997

This legislation establishes a juristic person to be known as the National Arts Council (NAC). It further provides to determine the NAC's objects, functions and method of work; to prescribe the manner in which it is to be managed and governed; to regulate its staff matters and financial affairs.

Film and Publications Act 65 of 1996

This Act provides for the classification of certain films and publications through the establishment of a Film and Publication Board and a Film and Publication Appeal Tribunal.

Cultural Laws Act 36 of 2001

This Act was promulgated to amend a range of legislation including the Heraldry Act, 1962; the Pan South African Language Board Act, 1995; the National Archives of South Africa Act, 1996; the National Arts Council Act, 1997; the National Film and Video Foundation Act, 1997; the South African Geographical Names Council Act, 1998. Amendments mainly deals with issues regarding the governance structures for these bodies.

Cultural Laws Act 69 of 2001

This is an amendment statute to revise the Cultural Institutions Act, 1998, so as to further regulate the amalgamation of declared institutions, i.e. national museums and theatres; to provide that a declared institution may in certain circumstances without prior approval of the Minister sell or otherwise alienate any specimen, collection or other movable property; to regulate the certain matters pertaining to the councils of declared institutions; and to provide for the tabling of the annual report in Parliament by the Minister. This act also amends the National Heritage Council Act, 1999, deals with matters relating to the council.

Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Act 19 of 2002

Section 31 of the Constitution protects the rights of persons belonging to cultural, religious or linguistic communities. This Act gives effect to these provisions enshrined in the Constitution and provides for the establishment of Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission).

Recognition of Customary Marriages Act 120 of 1998

This Act gives full legal recognition to customary marriages for the first time in the history of South Africa. It establishes a system for the registration of such marriages; ensures a woman in a customary marriage has, for all purposes, equal legal status and capacity as her husband; and regulates the legal process when a customary marriage ends.

Reform of the Customary Law of Succession and Regulation of Related Matters Act 11 of 2009

This Act regulates the customary law of succession to provide legal protection to a widow and children in a customary marriage, whose husband dies without a will. The Act sets out new rules of inheritance to eradicate discrimination against women and children and ensure any property is distributed fairly. It also requires that all estates must now be administered under the authority of the Master of the High Court.

LANGUAGE ACTS

Pan South African Language Board Act 59 of 1995

As per section 6 of the Constitution, this Act provides for the recognition, implementation and furtherance of multilingualism in the Republic of South Africa; and the development of previously marginalised languages; to establish a Pan South African Language Board; and to provide for matters connected therewith.

Use of Official Languages Act 12 of 2012

To ensure that all South Africans can access government services in their own language, this Act provides for the regulation and monitoring of the use of official languages by national government for government purposes. It further makes provision for national departments, national public entities and national public enterprises to each adopt a language policy and also to establish language units within each of these governmental structures. The Act also provides for the establishment and functions of a National Language Unit; for monitoring of and reporting on use of official languages by national government; and to facilitate intergovernmental coordination of language units.

South African Language Practitioners' Council Act 8 of 2014

This Act provides for the establishment of the South African Language Practitioners' Council; to provide for the objects, powers, duties and functions of the Council; to determine the manner in which the Council is to be managed, governed, staffed and financed; to regulate the training of language practitioners; to provide for control of the accreditation and registration of language practitioners.

NATIONAL UNITY AND SOCIAL COHESION ACTS

Promotion of National Unity and Reconciliation Act 34 of 1994

This Act symbolised the first step in building a bridge between the past of a deeply divided society and a future founded on the recognition of human rights and democracy. This Act established the Truth and Reconciliation Commission which investigated serious human rights abuses that occurred during apartheid; made recommendations to government about assisting victims and communities, and granted amnesty to some of those who committed human rights violations during apartheid.

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

Section 6 of the Constitution, 1996 contains a guarantee of equality and a prohibition of public and private discrimination. This Act gives effect to the constitutional requirement that Government must enact legislation to prohibit discrimination and promote the achievement of equality. The Act prevents individuals, companies, organisations and government departments from discriminating against anyone on the grounds of race, gender, sex, marital status, ethnic origin, disability, pregnancy, age, sexual orientation, culture belief, language or religion. It also establishes equality courts, where discrimination cases are heard.

South African Human Rights Commission Act 40 of 2013

The Constitution, 1996 provides that the South African Human Rights Commission must promote, protect, develop, assess and monitor human rights in South Africa. The Constitution also provides that the Commission has the power to investigate and report on human rights, carry out research and provide redress where rights have been violated. This Act regulates the structure of the South African Human Rights Commission, its powers and functions and other matters such as the reports of the Commission. 

National Youth Development Agency Act 54 of 2008

This Act mandates the NYDA to develop an Integrated Youth Development Strategy for South Africa and initiate, design, coordinate, evaluate and monitor all programmes aimed at integrating the youth into the economy and society in general. The Act further instructs the agency to promote a uniform approach by all organs of state, the private sector and non-governmental organisations to matters relating to or involving youth development.

Public Protector Act 23 of 1994

The Constitution, 1996 provides for the establishment of the Public Protector and gives the Public Protector the power to investigate improper conduct by any government body. The Constitution also provides that legislation must provide for other matters concerning the Public Protector. This Act provides for matters involving the establishment and appointment of the Public Protector as well as the staff, investigations, powers, functions and findings made by that office.

South African Geographical Names Council Act 118 of 1998

Through this Act a permanent advisory body known as the South African Geographical Names Council is established which advises the Minister responsible for arts and culture on the transformation and standardisation of geographical names in South Africa for official purposes. The Act also sets out the objects, functions and methods of work for the Council.

South African Citizenship Act 88 of 1995

This Act provides for the acquisition, loss and resumption of South African citizenship; and for matters incidental thereto.

Births and Deaths Registration Act 51 of 1992

The purpose of the Act is to regulate the registration of births and deaths. This provides access to identification documents, which in turn allows access to services and citizenship.

Identification Act 68 of 1997

This legislation provides for the compilation and maintenance of a population register in respect of the p2opulation of the Republic; for the issue of identity cards and certain certificates to persons whose particulars are included in the population register; and for matters connected therewith

SPORT ACTS

National Sport and Recreation Act 110 of 1998

The Act seeks to provide people access to sport and recreation opportunities, to determine the relationships thereof between the department and federations and South African Sports Confederation and Olympic Committee (SASCOC) including other statutory bodies and agencies, and also to provide the Minister the powers to take necessary steps to regulate the industry.

IMMIGRATION ACTS

Immigration Act 13 of 2002

The Immigration Act provides for the regulation of admission of persons to, their residence in, and their departure from the Republic; and for matters connected therewith. Consideration must be given, amongst others, that: security is fully satisfied; interdepartmental coordination and public consultation is enriched, xenophobia is countered and economic growth as well as a human rights based culture of enforcement is promoted.

Refugees Act 130 of 1998

This Act gives effect within the Republic of South Africa to the relevant international legal instruments, principles and standards relating to refugees; to provide for the reception into South Africa of asylum seekers; to regulate applications for and recognition of refugee status; to provide for the rights and obligations flowing from such status; and to provide for matters connected therewith.
 
INFORMATION ACTS

Protection of State Information Act 41 of 2013

This Act provides for a system of classification and protection of sensitive state information. The President has not yet assented to this piece of legislation.

Promotion of Access to Information Act 2 of 2000

This Act gives effect to section 32 of the Constitution, 1996 which states that everyone has the right of access to any information held by the state and any another person which is required for the exercise or protection of any rights.  Government must ensure legislation gives effect to this right. The Act provides the framework and sets out the procedures that must be followed so that members of the public can access records held by a public or private body.

Media Development and Diversity Agency Act 14 of 2002

This Act establishes the Media Development and Diversity Agency. The purpose of the Agency is to strengthen community media through grant and seed funding, capacity building and training, and research into media diversity and ownership.


KEY QUESTIONS FOR WORKING GROUP 1 - TRIPLE CHALLENGE OF INEQUALITY, POVERTY AND UNEMPLOYMENT

 

1. Among the pieces of legislation passed since the national democratic elections of 1994 (see accompanying booklet for the list), which laws could you say have changed your life or lives of other South African citizens in positive or negative ways, especially with regard to issues of inequality, poverty and unemployment. 

2. What have been the specific consequences for socially vulnerable groups?

3. How did you come to know about the legislation and what improvements can be made to the legislation to ensure that it benefits (or positively impacts) you as a South African citizen? "


KEY QUESTIONS FOR WORKING GROUP 2: LAND REFORM, RESTITUTION, REDISTRIBUTION AND SECURITY OF TENURE

 

1. In what ways has the implementation of different post-1994 land laws assisted, or inhibited, land redistribution and restitution of land rights?

2. Have these laws been successful in addressing the legacy of racial discrimination?

3. What improvements do you suggest?

4. Have post-1994 land laws/policies and programmes been successful in decreasing poverty and inequality? If so, how?  If not, why not?  What changes are necessary?

5. Have the tenure security laws been successful in stopping evictions and providing people with legally enforceable rights to land? If so, how? If not, why not? What changes are necessary?

6. Have laws, policies and programmes enabled black farmers to use the land productively in ways that improve livelihoods and benefit the community at large? If so, how?  If not, why not? What changes are necessary?

7. What are the strengths and gaps in the current land laws/policies and programmes? How should parliament address those gaps?


KEY QUESTIONS FOR WORKING GROUP 3: SOCIAL COHESION AND NATION BUILDING

 

1. Within your province, what in your opinion is the source of the tension or unity?

2. What should be changed to ensure that divisions are addressed?

3. What do you think are the key social divisions in your province? Have you or anyone you know experienced these?

4. Which laws are you aware of that assist in advancing unity, and which laws are sources of division?

5. Which institutions are seen as contributing to social cohesion (a sense of unity, a feeling of togetherness)?

6. What role should be played by Parliament to contribute to social cohesion and nation building?


GUIDELINES FOR MAKING A WRITTEN SUBMISSION

 

Objectives of a written submission

A written submission is a presentation of views or opinions on a piece of legislation or topic that is being considered by the Panel. This grants citizens the opportunity to give input or suggest possible actions to be made on any section of the legislation under review. When the public participates in such reviews, it means their opinions can be considered by Panel.

Submission guidelines

The public needs to ensure that their written submissions reach the Panel prior the public hearings. For submissions from the public to be effective, content and format need to be considered carefully. The following suggestions may help to achieve this:
Heading - Head your submission with the name of the Working Group to which it is addressed and the full title of the Act or topic.
Who is it from - Clearly state whom the submission is from. State your name or give the name of the organisation you represent.
Contact details - Include a contact address and daytime telephone number.
Who else supports you - You may note how widely you have consulted during the writing of the submission. Your submission may have more standing if it has a wide support base.

What happens after submission?

The Panel will thereafter identify those legislative matters that it intends to review, taking into consideration any representations and any submissions received in response to the invitation.

Where to submit a written submission?

Submissions may be sent via e-mail to Highlevelpanel@parliament.gov.za, via post to Parliament of the RSA, P O Box 2164, Cape Town, 8000, For attention - Leanne Morrison (Enterprise Project Management Office - High Level Panel on assessing the impact of Legislation project). You are requested to mark submissions for the attention of the relevant Working Group.


GUIDELINES FOR MAKING ORAL SUBMISSIONS

 

1. On the day of the Public Hearing, presenters are requested to arrive early.
2. To allow the High Level Panel to hear as many voices as possible given the limited time and resources, oral presentations should not exceed 10 minutes (including the presentation and possible questions and answers pertaining to the presentation)
3. You may present your oral submission in any of the official languages of South Africa. Kindly inform the Secretariat of the High Level Panel of your language choice prior, so that necessary arrangements for interpretation may be made.
4. Presenters are requested to prepare for possible questions from members of the High Level Panel.
5. Audio-visual equipment will be made available for presenters to utilise for oral submissions, should the need arise.