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Legislation and Business Regulation

 

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Bills and Acts
 

the dti's work is governed by a broad legislative framework, as outlined below:

Bills

  Bill Purpose
1. National Credit Amendment Bill The Minister of Trade and Industry, Dr Rob Davies (MP), has announced the introduction of the National Credit Amendment Bill to the National Assembly. The purpose of the Bill is to amend the National Credit Act 34 of 2005. Read more

 

Acts

  Act Purpose
1. Abolition of the Fuel Research Institute Act, 1983 (Act No. 30 of 1983) To repeal the Fuel Research Institute and Coal Act,1963, and to provide for the vesting of the assets and liabilities, and the transfer of the employees, of the fuel Research Institute in and to the Council for Scientific and Industrial Research (CSIR).
2. Accreditation for Conformity Assessment, Calibration and Good Laboratory Practice, 2006 (Act No.19 of 2006) To provide for an internationally recognised and effective accreditation and monitoring system for the Republic of South Africa by establishing SANAS as a juristic person; to recognise SANAS as the only accreditation body in the Republic for the accreditation of conformity assessment and calibration as well as monitoring of good laboratory practice.
3. Alienation of Land Amendment Act, 1998 (Act No. 103 of 1998) To regulate the alienation of land in certain circumstances and to provide for matters connected therewith.
4. Broad-Based Black Economic Empowerment Amendment Act, 2013 (Act No. 53 of 2003) To establish a legislative framework for the promotion of black economic empowerment; to empower the Minister to issue codes of good practice and to publish transformation charters; to establish the Black Economic Empowerment Advisory Council; and to provide for matters connected therewith.
5. Close Corporations Act, 1984 (Act No. 69 of 1984) To provide for the formation, registration, incorporation, management, control and liquidation of close corporations.
6. Companies Act, 2008 (Act No.71 of 2008) To provide a new legislative framework for the incorporation, registration and management of companies; to establish a Companies and Intellectual Property Commission (CIPC) and Companies Tribunal; and to provide for matters connected therewith. Notebook on the Companies Act
7. Consumer Protection Act, 2008 (Act No. 68 of 2008) To promote a fair, accessible and sustainable marketplace for consumer products and services, and for that purpose to establish national norms and standards relating to consumer protection, to provide for improved standards of consumer information; to prohibit certain unfair marketing and business practices; to promote responsible consumer behaviour; to promote a consistent legislative and enforcement framework relating to consumer transactions and agreements; to establish the National Consumer Commission (NCC); and to repeal certain laws. Consumer Protection Act Brochure.
8. Convention on Agency in the International Sale of Goods Act, 1986 (Act No. 4 of 1986) To provide for the application in the Republic of the Convention on Agency in the International Sale of Goods adopted by the International Institute of the United Nations Organisation for the unification of Private Law.
9. 9.1 Co-operatives Act, 2005 (Act No. 14 of 2005)
9.2 Co-operatives Amendment Act, 2013 (Act No. 06 of 2013)
To provide for the formation and registration of co-operatives and matters incidental thereto.
10. Copyright Act, 1978 (Act No. 98 of 1978) To regulate copyright in respect of, inter alia, artistic works, dramatic works, computer programs, musical and literary works.
11. Counterfeit Goods Act, 1997 (Act No. 37 of 1997) To strengthen prohibitions on trade in counterfeit goods; confers powers on inspectors and the police to enter and search premises, with and without a warrant; confers powers on Customs and Excise to seize and detain suspected counterfeit goods.
12. Designs Act, 1993 (Act No. 195 of 1993) To consolidate the law relating to designs; to provide for the registration of designs; and to delineate the rights pertaining thereto.
13. Export Credit and Foreign Investments Insurance Act, 2002 (Act No. 34 of 2002) To promote trade with countries outside the Republic by providing for the insurance on behalf of the Government of the Republic of contracts in connection with export transactions, investments and loans or similar facilities connected with such transactions.
14. Expropriation (Establishment of Undertakings) Act, 1951 (Act No. 39 of 1951) To provide for the expropriation of land and the taking of the right to use land temporarily for or in connection with the objects or undertakings of national importance.
15. Housing Development Schemes for Retired Persons Act, 1988 (Act No. 65 of 1988) To regulate the alienation of certain interests in housing development schemes for retired persons and to provide for matters connected therewith.
16. Intellectual Property Laws Amendment Act 2013 To provide for the recognition and protection of certain manifestations of Indigenous Knowledge as a species of Intellectual Property. To amend certain laws namely the Performers Protection Act 1967, The Copyright Act 1978, the Trademarks Act 1993 and the Designs Act 1993. To bring Indigenous Knowledge holders into the mainstream of the economy and improve the livelihoods of the indigenous communities of South Africa. Intellectual Property Management Booklet.
17. Intellectual Property Law Rationalisation Act, 1996 (Act No. 107 of 1996) To provide for the integration of intellectual property rights subsisting in the ex- TBVC (Transkei, Bophuthatswana, Venda and Ciskei) into the national system, to extend the South African intellectual property rights legislation throughout the Republic and to repeal certain intellectual property laws.
18. International Convention for Safe Containers Act, 1985 (Act No. 11 of 1985) To provide for the application in the Republic of the International Convention for Safe Containers so as to maintain a high level of safety of human life in the handling, stockpiling and transporting of containers.
19. Legal Metrology Act, 2014 (Act No. 9 of 2014) To provide for the administration and maintenance of legal metrology technical regulations in order to promote fair trade and to protect public health and safety and the environment. Provide for the implementation of a regulatory and compliance system for legal metrology by the National Regulator for Compulsory Specifications and for the administration and maintenance of legal metrology technical regulations; and Provide for market surveillance by the National Regulator for Compulsory Specifications in order to ensure compliance with legal metrology technical regulations.
20. Liquor Amendment Regulations, 2013 ( Act No. 59 of 2003) To establish national norms and standards in order to maintain economic unity within the liquor industry; to provide for essential national standards and minimum standards required for the rendering of services; to provide for measures to promote co-operative government in the area of liquor regulation; and to provide for matters connected therewith. Notebook on the Liquor Act
21. Lotteries Amendment Act, 2013 (Act No. 57 of 1997) To establish a National Lotteries Commission and to regulate and prohibit lotteries and sports pools. Lotteries Amendment Act Brochure.
22. Manufacturing Development Act 1993 (Act No. 187 of 1993) To establish the Manufacturing Development Board; to provide for the establishment of programmes for manufacturing development; and for matters incidental thereto.
23. Measurement Units and Measurement Standards Act, 2006 (Act No. 18 of 2006) To provide for the use of measurement units of the International System of Units; to provide for the designation, keeping and maintenance of national measurement units and standards; to provide for the establishment and functions of the National Metrology Institute; and to provide for the repeal of certain laws.
24. Merchandise Marks Act 1941 (Act No. 17 of 1941) To make provision concerning the marking of merchandise and of coverings in or with which merchandise is sold and the use of certain words and emblems in connection with business.
25. National Building Regulations and Building Standards Act 1977 (Act No. 103 of 1977) To provide for the promotion of uniformity in the law relating to the erection of buildings in the areas of jurisdiction of local authorities and for the prescribing of building standards.
26. National Credit Act, 2005 (Act No. 34 of 2005) To promote a fair and non-discriminatory marketplace for access to consumer credit and for that purpose to provide for the general regulation of consumer credit and improved standards of consumer information. National Credit Act Brochure
27. National Empowerment Fund Act, 1998 (Act No. 105 of 1998) To establish a trust to promote and facilitate ownership of income generating assets by historically disadvantaged persons, particularly assets in state-owned enterprises made available at a discount as part of restructuring programmes; gives powers to the trust to enable it to establish sub-trusts and investment companies to promote black economic empowerment.
28. National Gambling Act, 2004 (Act No. 7 of 2004) To provide for the co-ordination of concurrent national and provincial legislative competence over matters relating to casinos, racing, gambling and wagering; and to provide for the continued regulation of those matters; for that purpose to establish certain uniform norms and standards applicable to national and provincial regulation and licensing of certain gambling activities; to provide for the creation of additional uniform norms and standards applicable throughout the Republic; to retain the National Gambling Board; to establish the National Gambling Policy Council; to repeal the National Gambling Act, 1996; and to provide for matters incidental thereto. National Gambling Act Brochure.
29. National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008) To provide for the administration and maintenance of compulsory specifications in the interest of public safety, health and environmental protection; and to provide for the establishment of the National Regulator for Compulsory Specifications.
30. National Small Enterprise Act , Amendment of section 1 of (Act No. 102 of 1996), as amended by section 1 of (Act No. 26 of 2003) To provide for the establishment of the Advisory Board and the Small Enterprise Development Agency(seda); and to provide for guidelines to be followed by organs of State to promote small enterprise in South Africa; and for matters incidental thereto.
31. National Supplies Procurement Act, 1970 (Act No. 89 of 1970) To empower the responsible Minister to manufacture, produce, acquire, hire or import goods; to acquire, hire or supply services; and to exercise control over goods and services and the manufacture, production, processing and treating of goods; and to provide for the establishment and administration of a National Supplies Procurement Fund.
32. Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993) To provide for control over weapons of mass destruction and to establish a council to control and manage matters relating to the proliferation of such weapons in the Republic; to determine its objects and functions and to prescribe the manner in which it is to be managed and controlled.
33. Patents Act, 1978 (Act No. 57 of 1978) To provide for the registration and granting of letters, patents for inventions and for the rights of a patentee.
34. Performers Protection Act, 1967 (Act No. 11 of 1967) To provide for the protection of the rights of performers of literary and artistic works.
35. Property Time Sharing Control Act, 1983 (Act No. 75 of 1983) To regulate the alienation of time-sharing interests pursuant to property time-sharing schemes.
36. Protection of Businesses Act, 1978 (Act No. 99 of 1978) To restrict the enforcement in the Republic of certain foreign judgments, orders, directions, arbitration awards and letters of request; to prohibit the furnishing of information relating to businesses in compliance with foreign orders, directions or letters of request.
37. Protection of Investment Act 2015 (Act No. 22 of 2015). To provide for the legislative protection of investors and the protection and promotion of investment; to achieve a balance of rights and obligations that apply to all investors; and to provide for matters connected therewith. (Will be in operation upon Presidential Proclamation)
38. Rationalisation of Corporate Laws Act, 1996 (Act No. 45 of 1996) To provide that certain corporate laws shall apply throughout the Republic of South Africa, to repeal certain corporate laws and to provide for the retrospective incorporation of certain putative close corporations.
39. Registration of Copyright in Cinematograph Films Act, 1977 (Act No. 62 of 1977) To provide for the registration of copyright in cinematograph films and for matters connected therewith.
40. Share Blocks Control Act, 1980 (Act No. 59 of 1980) To control the operation of share block schemes, i.e. any scheme in terms of which a share, in any manner whatsoever, confers a right to or an interest in the use of immovable property.
41. Small Business Development Act, 1981 (Act No. 112 of 1981) Whole Act was repealed save for Section 2A dealing with the application of the Insurance Act, 1943.
42. Space Affairs Act, 1993 (Act No. 84 of 1993) To provide for the establishment of a Council to manage and control certain space affairs in the Republic; to determine its objects and functions; and to prescribe the manner in which it is to be managed and controlled.
43. Special Economic Zone (SEZ) Act, 2014 (Act No. 16 of 2014) The Act provides a clear framework for the development, operation and management of SEZs and addresses the challenges of the IDZ Programme.
44. Standards Act, 2008 (Act No. 8 of 2008) To provide for the development, promotion and maintenance of standardisation and quality in connection with commodities and the rendering of related conformity assessment services; and for that purpose to provide for the continued existence of the South African Bureau of Standards (SABS), as the peak national institution; to provide for the repeal of the Standards Act, 1993; and to provide for transitional arrangements.
45. Sugar Act, 1978 (Act No. 9 of 1978) To consolidate and amend the laws relating to the sugar industry; and to provide for matters incidental thereto.
46. Temporary Removal of Restrictions on Economic Activities Act, 1986 (Act No. 87 of 1986) To empower the President to suspend temporarily laws or conditions, limitations or obligations thereunder, if their application unduly impedes economic development or competition.
47. Trade Marks Act, 1993 (Act No. 194 of 1993) To consolidate the law relating to trademarks and to provide for the registration of trademarks, certification of trademarks and collective trademarks and for the protection of rights relating thereto.
48. Trade Metrology Act, 1973 (Act No. 77 of 1973) To consolidate and amend the law relating to trade metrology so as to ensure the accuracy of measuring instruments utilised in trade on the basis of national measuring standards.
49. Unauthorised Use of Emblems Act, 1961 (Act No. 37 of 1961) To provide for the continued operation of certain laws relating to the use of certain emblems and representations, and to extend the scope of such laws.