LEGAL UPDATE
SEPTEMBER 2013
VARIOUS NATIONAL LAWS NOT
COVERED IN SEPERATE REPORTS
INDEX
INDEX .............................................................................................................................................................................................................. 2
STATISTICS – CPI JUNE & JULY 2013 ................................................................................................................................................... 3
EXPORT CONTROL: FERROUS AND NON FERROUS WASTE AND SCRAP ................................................................................. 4
PROPERTY AND DEVELOPMENT ............................................................................................................................................................ 7
JSE LISTING REQUIREMENTS: AMENDMENT ...................................................................................................................................... 9
ANNOUNCEMENTS REGARDING LISTING REQUIREMENTS ......................................................................................................... 10
PROPERTY : MUNICIPAL PROPERTY RATES AMENDMENT BILL 2013....................................................................................... 11
DOMESTIC LAWS : SEXUAL OFFENCES POLICY .............................................................................................................................. 14
LONG TERM INSURANCE ACT- REVISED FEES ................................................................................................................................ 17
STANDARDS: TRADE METROLOGY BILL ............................................................................................................................................ 20
COMPANIES- AMENDMENT OF COMPANIES ACT, 2008 ................................................................................................................. 29
ENVIRONMENTAL BILLS: CALL FOR COMMENT ............................................................................................................................... 44
STATISTICS – CPI JUNE & JULY 2013
KEY WORDS
STATISTICS SOUTH AFRICA
IN A NUTSHELL
THE HEAD: STATISTICS SOUTH AFRICA notifies for general information that the Consumer Price Index is as follows:
Consumer Price Index, Rate (Base Dec 2012 = 100)
Rate: June 2013: 5,5.
(2 August 2013)
THE HEAD: STATISTICS SOUTH AFRICA notifies for general information that the Consumer Price Index is as follows:
Consumer Price Index, Rate (Base Dec 2012 = 100)
Rate: July 2013—6,3
(30 August 2013)
REFERENCE
NOTICE 784 OF 2013 & NOTICE 880 OF 2013
STATISTICS SOUTH AFRICA
APPLIES TO, IMPACT & ACTION
RE
PUBLISHED FOR INTEREST ONLY
LINKS
CONSUMER PRICE INDEX 2012-2013
EXPORT CONTROL: FERROUS AND NON FERROUS
WASTE AND SCRAP
KEY WORDS
NO. R. 543
2 AUGUST 2013 (GOVERNMENT GAZETTE 36708)
INTERNATIONAL TRADE ADMINISTRATION COMMISSION OF SOUTH AFRICA
EXPORT CONTROL
EXPORT CONTROL GUIDELINES ON THE EXPORTATION OF FERROUS AND NON-FERROUS WASTE AND SCRAP.
IN A NUTSHELL
Export Control- THE LOW DOWN
Export Control Guidelines on the Exportation of Ferrous and Non-Ferrous Waste and Scrap.
1. The Minister of Economic Development issued a trade policy directive in terms of Section 5 of the International Trade Administration
Act, 71 of 2002 (the Act) that the International Trade Administration Commission of South Africa (ITAC) exercise its powers under the
Act to regulate the exportation of ferrous and non-ferrous waste and scrap by not allowing the exportation of ferrous and non-ferrous
waste and scrap (hereinafter collectively referred to as scrap metal) unless it has first been offered, for local beneficiation, to domestic
consumers of scrap metal, i.e. foundries, mills, mini-mills or secondary scrap processors, for a period determined by ITAC and at a
price discount or other formula determined by ITAC.
2. ITAC must ensure that the type and quality of scrap metal intended for export is accurately reflected on applications for export
permits and that all permit applications are accompanied by a letter or certificate by a metallurgical engineer or an otherwise suitably
qualified person, confirming the type, quality and quantity of scrap available for export, as well as information as to when and where
such scrap metal may be inspected by prospective buyers (who are the domestic consumers referred to in 1 above).
3. In accordance with the trade policy directive, the scrap metal is categorised as follows:
Description of goods
Ferrous waste and scrap, re-melting scrap ingots of iron or steel
Copper and brass waste and scrap
Nickel waste and scrap
Aluminium waste and scrap
Lead waste and scrap
Zinc waste and scrap
Tin waste and scrap
Tungsten (Wolfram) waste and scrap
Molybdenum waste and scrap
Tantalum waste and scrap
Magnesium waste and scrap
Cadmium and articles thereof, including waste
and scrap.
Antimony waste and scrap
Manganese waste and scrap
Beryllium, chromium, germanium, vanadium, gallium, hafnium, indium, niobium
(columbium) waste and scrap.
Tariff heading
72.04
7404.00
7503.00
7602.00
7802.00
7902.00
8002.00
81.01
81.02
81.03
8104.20
81.07
8110.00
8111.00
81.12
In accordance with the International Trade Administration Commission of South Africa's Report on the Price Preference System for
Ferrous and Non- Ferrous Waste and Scrap: Report No.441, scrap metal will be allowed to be exported only if the scrap metal
concerned was offered to domestic consumers at a price that is 20% below international spot prices for the published types and grades
of scrap metal.
4. The price preference at which the scrap metal must be sold to the local consuming industry will be calculated as follows:
Preference calculations will be done by ITAC for scrap metal with regard to all the different types and grades using the Spot Market
Reports available from Scrap Index.com. From the average price achieved during the previous month for the different types and grades
of scrap metal as reflected in the Scrap Index.com spot market price, an amount of 20% will be deducted to reflect the price to be paid
by the local consuming industry.
Calculations will be done at the end of each month and published monthly, after such calculation, on the ITAC web site as the
preferential discount price at which the specific type and grade of scrap metal is to be offered to domestic consumers during the next
month.
5. A technical Working Group consisting of one representative of the Metal Recyclers Association, the South African Iron and Steel
Institute, the Institute of Foundry-men, the Aluminium Federation of SA, Copalcor, the Recyclers Association of SA, any other
applicable industry representative organization, and ITAC, may meet as and when required to discuss issues specific to the
administration of the price preference system.
6. Applications for export permits must be submitted to ITAC twice.
7. Applications must reach ITAC by 12h00 on the Tuesday prior to the Wednesday circulation and by 12h00 on the Thursday prior to
the Friday circulation. Applications received after the cut-off date and time will stand over until the next circulation.
8. Before the end of a circulation period of 15 working days, a buyer of the scrap metal must submit a signed copy of the agreement
reached between it and the export permit applicant, to ITAC. The agreement must, inter alia, specify the volume to be purchased. (As
an example, if an application is circulated on Friday, 1 November 2013, an agreement must reach ITAC on or before Friday, 22
November 2013.)
9. The agreement signed between the buyer and seller (permit applicant) must reflect the circulation number as well as all relevant
information enabling ITAC to link the signed agreement to the originally circulated application.
10. The volume in the original application will be reduced by ITAC in line with the volume (kg) purchased by a domestic consumer. The
export permit will be issued within 3 working days after the end of the applicable circulation period. If the entire volume for which an
export permit was applied was sold to a domestic consumer, the permit application will be filed for record purposes.
11. As indicated in 1 above, only foundries, mills, mini-mills and secondary scrap processors will be allowed to buy the scrap metal
reflected in the circulars and the scrap metal bought will be for local consumption only.
12. If, at the end of a circulation period, no agreement for the purchase of scrap metal is received by ITAC, export permit/s applied for
will be issued within 3 working days after the applicable circulation period has lapsed.
13. Where an agreement is reached to purchase a portion of the scrap metal for which an export permit was applied for and this
agreement is reached before the end of the circulation period, an export permit for the remaining balance as applied for, will be issued
within 3 days after the end of the circulation period.
14. In the event of more than one domestic consumer being interested in purchasing the scrap metal for which an export permit was
applied for, it will be up the parties to reach an agreement with regard to which domestic consumer will purchase the scrap metal or
whether both parties buy a portion thereof. The outcome of the agreement reached between the parties must be submitted to ITAC in
the form of a signed agreement ( as referred to in 8 above)
15. Agreements to purchase scrap metal must be reached prior to the end of the circulation period.
16. All new entrant applicants will be subject to an ITAC verification inspection before the application for an export permit is circulated
to the various industry representative organisations.
17. Form IE363 "Application for an export permit to export scrap metal" must be duly completed. The application form must contain the
full description and customs tariff heading of the scrap metal to be exported including the Institute of Scrap Recycling Industries (ISRI)
number applicable to the scrap metal to be exported. Proof of registration in terms of the Second-Hand Goods Act must also
accompany all new entrant applications or any application where such registration has expired.
18. The price preference system for the exportation of scrap metal will enter into operation on 16 September 2013.
19. All export permits issued for the exportation of scrap metal from the date of publication of this Notice until the price preference
system enters into force will be valid for a period of 1 month.
20. Volumes reflected in export permit applications received from the date of publication of this notice until the price preference system
enters into force will be closely monitored.
21. ITAC will exempt affected exports from these requirements to the extent that application of these requirements would be in conflict
with South Africa's obligations under an existing trade agreement. The guidelines will be applied and implemented in such a manner
that they are consistent with any binding trade agreement.
REFERENCE
NO. R. 543
2 AUGUST 2013 (GOVERNMENT GAZETTE 36708)
INTERNATIONAL TRADE ADMINISTRATION COMMISSION OF SOUTH AFRICA
EXPORT CONTROL GUIDELINES ON THE EXPORTATION OF FERROUS AND NON-FERROUS WASTE AND SCRAP.
APPLIES TO IMPACT & ACTION
RE
Applies to
a)
b)
anyone who is desirous of exporting ferrous and non-ferrous waste and scrap
domestic consumers of scrap metal, i.e. foundries, mills, mini-mills or secondary scrap processors.
Impact and Action
Any one who wants to export ferrous and non-ferrous waste and scrap must first offer it to the local market (domestic consumers of
scrap metal) including foundries, mills, mini-mills or secondary scrap processors, and at a price discount or other formula determined
by ITAC.
If the offer is not taken up by the local market then the seller must apply for an export permit, which must must be submitted to ITAC
PROPERTY AND DEVELOPMENT
KEY WORDS
Spatial Planning and Land Use Management Act, 2013
IN A NUTSHELL
Take note that the President has assented to Act No. 16 of 2013: Spatial Planning and Land Use Management Act, 2013
The Act seeks to provide:









a framework for spatial planning and land use management in the Republic;
to specify the relationship between the spatial planning and the land use management system and other kinds of planning;
to provide for the inclusive, developmental, equitable, and efficient spatial planning at the different spheres of the Government;
to provide a framework for the monitoring, coordination and review of the spatial planning and land use management system;
to allow for policies, principles, norms and standards for spatial development planning and land use management;
to address past spatial and regulatory imbalances; to promote greater consistency and uniformity in the application procedures
and decision-making by authorities responsible for land use decisions and development applications;
to provide for the establishment, functions and operations of Municipal Planning Tribunals;
to provide for the facilitation and enforcement of land use and development measures; and
to provide for matters connected therewith.
REFERENCE
No. 559
5 August 2013
Act No. 16 of 2013: Spatial Planning and Land Use Management Act, 2013
APPLIES TO, IMPACT & ACTION
RE
PUBLISHED FOR INTEREST ONLY
LINKS
SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013
JSE LISTING REQUIREMENTS: AMENDMENT
KEY WORDS
PROPOSED AMENDMENTS TO JSE LISTING REQUIREMENTS
IN A NUTSHELL
I Dube Phineas Tshidi, Registrar of Securities Services, hereby give notice under section 11(6)(d) of the Financial Markets Act 19 of
2012 that the proposed amendments to the JSE Listing Requirements have been approved.
REFERENCE
BOARD NOTICE 188 OF 2013
FINANCIAL SERVICES BOARD
FINANCIAL MARKETS ACT NO. 19 OF 2012
PROPOSED AMENDMENTS TO JSE LISTING REQUIREMENTS
APPLIES TO
RE
Applies to: Listed companies
LINKS
Please be advised that the Listing Requirements as amended are available on the official website of the Financial Services
Board (www.fsb.co.za) and on the website of the market infrastructure, the JSE Limited (www.jse.co.za). The amendment comes into
operation on Monday, 7 October 2013.
ANNOUNCEMENTS REGARDING LISTING REQUIREMENTS
September 2013 – The JSE issued a guidance letter regarding the application of IFRS 2 to share incentive schemes.
September 2013 – The JSE made an announcement regarding amendments to the JSE Listings Requirements relating to the
requirements for general issue for cash in Bulletin 5 of 2013.
August 2013 – The JSE made an announcement regarding the proposed requirements for Hybrid Financial Instruments and invites
comment thereon by Friday, 20 September 2013.
August 2013 - The JSE made an announcement regarding Circular 2/2013 – Headline Earnings
June 2013 - The JSE issued a guidance letter regarding integrated reporting.
June 2013 – The JSE issued a guidance letter regarding reporting of restatements of financial results.
May 2013 - The JSE made an announcement regarding proposed amendments to the Listings Requirements in respect of the
general issue for cash authority and invites comment thereon by Friday, 28 June 2013.
May 2013 – The JSE made an announcement regarding amendments to the Listings Requirements relating to the auditor’s report
which are contained in Bulletin 4 of 2013. The marked-up amendments are attached for ease of reference.
March 2013 – The JSE made an announcement regarding amendments to the Listing Requirements relating to REIT's which are
contained inBulletin 3 of 2013.
March 2013 – Lexis Nexis has published Service Issue 16 in a hard copy.
March 2013 – The JSE issued a guidance letter regarding the requirements for a general issue of shares for cash.
March 2013 – The JSE issued a guidance letter regarding the accreditation of new auditors and reporting accountant specialists.
March 2013 – The JSE issued a letter regarding the listing of debt securities on the JSE.
March 2013 – The JSE made an announcement regarding amendments to the Listings Requirements relating to special propose
acquisition companies which are contained in Bulletin 2 of 2013.
February 2013 - The JSE made an announcement regarding proposed amendments to the Listings Requirements for various
matters relating to the auditor’s report and invites comment thereon by 25 March 2013.
February 2013 - The JSE made an announcement regarding the publication of a Report Back on Proactive Monitoring of Financial
Statements in 2012.
February 2013 – The JSE has issued Bulletin 1 of 2013 regarding certain omitted wording in paragraph 12.8 of the JSE Listings
Requirements.
January 2013 – The JSE issued a guidance letter on corporate governance as supported by the guidance letters issued by the
Instituted of Directors in Southern Africa, being (i) King III Reporting in terms of the JSE Listings Requirements and (ii) Retirement
by Rotation of Executive Directors.
January 2013 – The JSE made an announcement regarding proposed amendments to the Listings Requirements in relation to the
creation of a new type of listed company and invites comment thereon by 22 February 2013.
2012
PROPERTY : MUNICIPAL PROPERTY RATES
AMENDMENT BILL 2013
KEY WORDS
PUBLICATION OF EXPLANATORY SUMMARY OF THE LOCAL GOVERNMENT: MUNICIPAL PROPERTY RATES AMENDMENT
BILL, 2013
IN A NUTSHELL
Take note that the Minister of Cooperative Governance and Traditional Affairs intends to introduce the Local Government: Municipal
Property Rates Amendment Bill, 2013, in the National Assembly shortly.
An explanatory summary of the Bill is detailed below:
The Bill makes provision for the amendment of the Local Government: Municipal Property Rates Act, 2004,

so as to insert, amend or delete certain definitions;

to delete the provisions dealing with district management areas;

to provide that a rates policy must determine criteria for not only the increase but also for the decrease of rates;

to provide that by-laws giving effect to a rates policy must be published in terms of the Municipal Systems Act;

to further regulate the categories of property in respect of which rates may be levied;

to regulate the timeframe of publication of the resolutions levying rates and what must be contained in the promulgated
resolution;

to expand on the properties that a municipality may grant exemptions, rebates and reductions to;

to limit the period within which the Minister may be requested to decide whether a rate is unreasonably prejudicing any of the
matters listed in section 16(1);

to provide for the Minister to make a decision in terms of section 16(2) with the concurrence of the Minister of Finance;

to provide for the exclusion from rates of certain categories of public service infrastructure as well as mining rights or mining
permits, to provide that infrastructure above the surface in respect of mining property is rateable and the rates are payable by
the holder of the mining right or mining permit;

to provide that the exclusion from rates in respect of land belonging to a land reform beneficiary is extended to the spouse and
dependants;

to provide that an exclusion from rates in respect of the seashore lapses if any part thereof is alienated;

to provide that a municipality may levy different rates on vacant property; to provide that a municipality may not recover rates in
respect of a right of exclusive use registered against a sectional title unit from the body corporate; to provide that a person liable
for a rate must furnish the municipality with his or her postal address;

to provide that municipalities are not required to value properties excluded from rates;

to provide for the period of validity of a valuation roll to be five years;

to provide for the MEC for local government to extend the period of validity of valuation rolls by two additional years;

to provide that a body corporate is required to provide information to a valuer;

to provide that a mining right or a mining permit may not be considered in determining the market value of property;

to delete the requirement for the payment of interest in specific instances;

to delete the requirement for the establishment of a valuation appeal board in every district municipality;

to provide for an appeal board to include a professional associated valuer without restrictions and with a minimum of ten years
experience;

to amend the quorum of an appeals board to include the valuer member of the Valuation Appeal Board;

to amend the dates on which a supplementary valuation takes effect; to provide for the notification of owners of property
affected by a supplementary valuation;

to limit condonation by the MEC for local government through the framework to municipalities only;

to provide for more effective monitoring and reporting by municipalities and provinces on critical areas of the implementation of
the Act;

to extend the Minister's regulatory powers;

to provide for the phasing in of certain regulations;

to provide for the phasing in of the prohibition on the levying of rates on certain types of public service infrastructure;

to provide for transitional arrangements in respect of municipalities that have been affected by a redetermination of municipal
boundaries; and

to provide for matters connected therewith.
REFERENCE
NOTICE 917 OF 2013 (Government Gazette 36812)
DEPARTMENT OF COOPERATIVE GOVERNANCE
PUBLICATION OF EXPLANATORY SUMMARY OF THE LOCAL GOVERNMENT: MUNICIPAL PROPERTY RATES AMENDMENT
BILL, 2013
APPLIES TO, IMPACT & ACTION
Applies to
Published for interest only as it will affect a number of landowners or tenants.
Action
Copies of the Bill and the Memorandum on the Objects of the Bill are available at www.cogta.gov.za and can also be obtained from:
Director-General
Department of Cooperative Governance
Private Bag X804
PRETORIA
0001
For attention: Ms Veronica Mafoko
Telephone: (012) 334-4933
E-mail:mpra@cogta.gov.za
LINKS
PLIES TO
Amendment Bill 2013
Explanatory Summary of LG Municipal Property Rates Amendment Bill 2013
LG Municipal Property Rates Amendment Bill 2013
Memorandum on the objects of the LG Municipal Property Rates Amendment Bill 2013
,
DOMESTIC LAWS : SEXUAL OFFENCES POLICY
KEY WORDS
THE NATIONAL POLICY FRAMEWORK ON MANAGEMENT OF SEXUAL OFFENCES: SECTION 62(1) OF THE CRIMINAL LAW
(SEXUAL OFFENCES AND RELATED MATTERS) AMENDMENT ACT, 2007
IN A NUTSHELL
Take note that in terms of section 62(2)(b) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No.
32 of 2007), hereby publish in the Schedule the National Policy Framework on the Management of Sexual Offences adopted in terms
of section 62(1) of the said Act.
The South African Government is committed to establish a society that is free from all forms of violence, particularly those perpetrated
against the most vulnerable persons. Recently, our country experienced a spate of sexual crimes committed against children, lesbians,
and persons with disabilities. Some of these gruesome crimes made international news, and placed South Africa under the global
spotlight. This criminal behaviour is totally unacceptable and will not be tolerated. It is the commitment of the Department of Justice and
Constitutional Development (DOJ&CD) not to rest until sexual violence is uprooted in all its form from all communities.
Since the birth of our Constitution, our Parliament has continually marked its devotion to the establishment of a society based on
democratic values, social justice and fundamental human rights. It has passed pieces of legislation that give prominence to the
achievement of the international protocols, whilst building a nation that takes pride in its cultures, norms and values to promote peace
and ubuntu.
The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (the Act) stands as a perfect example of a
comprehensive piece of legislation that is rich with features that protect the rights of victims against sexual violence. It is an Act that
puts emphasis on the progressive development of a Criminal Justice System (CJS) that is victim-centred, responsive and caring. It
creates a wide range of new specific crimes to better respond to sexual violence perpetrated against children and persons with
disabilities, in particular. With its expressed emphasis on leaning on the international trend of service integration, it further provides for
the development of a policy framework to guide the integrated management of sexual offences. This document therefore stands to
represent the fulfilment of this requirement. It is the National Policy Framework on the Management of Sexual Offences, which the key
stakeholders in the CJS jointly developed, under the leadership of my Department.
This Policy document is the revised version of the NPF I tabled in Parliament in June 2011. However, in the fulfilment of the legislative
goal of a coordinated response to sexual violence, the consultative process had to be re-opened to accommodate further inputs from
the civil society and other government departments that do not form part of the Justice, Crime Prevention and Security (JCPS) Cluster.
This process subsequently led to the amendment of the first version of the NPF. It inevitably contributed in the significant delay in
gazetting this Policy. However, since the previously tabled NPF could not be gazetted, this document is therefore by no means the first
amendment to the previously tabled version, but the first impression of a NPF that the country will implement for the very first time.
It is our goal, as the DOJ&CD and the JCPS Cluster Departments and Institutions, to continually and collectively equip our CJS system
to fully respond and prevent sexual violence in all its forms. This Policy Framework therefore seeks to establish coordinated planning,
resource allocations and execution of services within the sexual offences sector. It entrenches the victim-centred CJS, and promotes
specialization in service delivery to respond to the special needs of the victims.
It is therefore an honour to present the revised NPF on the Management of Sexual Offences to serve as a guiding tool in the
intersectoral implementation of the Act.
Honourable Minister J.T. Radebe
Justice and Constitutional Development
EXECUTIVE SUMMARY
The enactment of the Act seeks to address the prevalence of gender-based violence that existed prior to its implementation. The
inordinate perpetration of sexual offences, especially against women, children and persons with mental disabilities, threatened both
individual and community security, and thus needed a comprehensive legal framework. It was noted with great concern that the
complex relationship between organized crime, drugs, Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome
(HIV&AIDS), sexual orientation and gender-based injustices kept increasing the levels of susceptibility and vulnerability to sexual
violence, particularly of women, children and persons with disabilities; hence the need for the urgent legislative intervention.
The Act came into operation on the 16 December 2007. Sections 62-65 of the Act require the adoption of the NPF for the Management
of Sexual Offences to guide the manner in which sexual offences and related matters must be dealt with. The emphasis of these
provisions is on the intersectoral and the multi-disciplinary approach to the management of sexual offences.
The Intersectoral Committee on the Management of Sexual Offences, consisting of the DG of the DOJ&CD, the Department of Social
Development (DSD), the Department of Health (DOH);the National Commissioners of Correctional Services (DCS) and the South
African Police Services (SAPS); as well as the National Director of Prosecuting Authority (NPA), was established to, inter alia, develop
the NPF. The development of the NPF was therefore a collaborative effort of these government departments, working as the NOISC
which provided operational support to the DG ISC.
In 2011, membership to the DG ISC was subsequently extended to the Department of Women, Children and Persons with Disabilities
(DWCPD), Department of Basic Education (DBE), Legal Aid of South Africa (Legal Aid South Africa) and National House of Traditional
Leaders (NHTL). These were co-opted into the DG ISC as critical role players in the effective implementation and monitoring of the Act.
In June 2011, the Minister of the DOJ&CD tabled the NPF in parliament, as required by the Act. However, this occurred after a
considerable delay due to the following reasons:
(i) The long consultative process that was prompted by many new legislative obligations, duties and responsibilities of the various
stakeholders, as well as the new interdependencies that required mutual commitments at the time of writing.
(ii) The judgement in S v Phaswane, Mokoena Constitutional Court order (CC7/07, CC192/07) [2008] ZAGPHC
148; 2008 (5) SA 578 (T); 2008 (2) SACR 216 (T) (12 May 2008) also had an impact on the finalization of the NPF as it led to an audit
of specialist resources and intermediary services existing within the courts and the cluster. This necessitated the development of
"Specialisation for Victims of Sexual Offences Discussion Document" to create an understanding of the need for specialist services.
This process inevitably halted the development of the NPF as it became an imperative to inform the content of the NPF.
(iii) During Parliamentary hearings held in June 2011, the Portfolio Committee (PC) allowed DOJ&CD to conduct further consultations
with the NGOs to ensure that the NPF covers their role as stakeholders in the sexual offences value chain. In addition to the NGO's,
the DoJ&CD held consultations with the DWCPD, DBE and LASA to ensure comprehensive collaborations during the implementation
of the Act. The NHTL was also requested to give their inputs into the document.
(iv) The amended draft NPF was then taken through the next round of extensive deliberations by the governance structures, such as
the OISC, and then the DG-ISC to secure the intersectoral adoption. This process was finalized in April 2012.
However, despite the delay, the departments and institutions responsible for the implementation of the Act continued to implement the
Act, the Directives, and the National Instructions, and as a result great progress was achieved in this regard, as documented in the
Annual Progress Report.
The NPF seeks to ensure that all government departments and other role-players are collectively guided in the implementation,
enforcement, administration, monitoring and evaluation of the Act. Underpinning the development of the NPF are the various
International and Regional Instruments, the Constitution of the Republic of South Africa of 1996 (the Constitution), and the related
jurisprudence.
In as summary, the NPF is divided into 3 main Chapters with accompanying Annexures:
Chapter 1 deals with the introduction to the NPF, General Objectives and Application of the Framework, Legal and Policy Mandate,
and the Overall Principles of the Framework.
Chapter 2 covers the Introduction to the Framework which includes the Specific Objectives, Structures for the Management of Sexual
Offences, Specific Roles and Responsibilities of the Various Government Departments and Monitoring and Evaluation Mechanisms.
Chapter 3 contains the Five (5) Year Inter-Departmental Implementation Plan for the Management of Sexual Offences (2012-2016)
which guides the implementation of the Act and the NPF.
Annexure A is the Monitoring and Evaluation Tool which provides guidance on data that must be collected and clear deliverables for
the progressive implementation of the NPF.
Annexure B provides additional guide on Monitoring and Evaluation
REFERENCE
No. R. 649
6 September 2013
THE NATIONAL POLICY FRAMEWORK ON MANAGEMENT OF SEXUAL OFFENCES: SECTION 62(1) OF THE CRIMINAL LAW
(SEXUAL OFFENCES AND RELATED MATTERS) AMENDMENT ACT, 2007
APPLIES TO IMPACT & ACTION
RE
PUBLISHED FOR INTEREST ONLY
LINKS
POLICY FRAMEWORK
GG 36804 - 06 September 2013 - Government Gazette - Vol 579
LONG TERM INSURANCE ACT- REVISED FEES
KEY WORDS
LONG-TERM INSURANCE ACT, 1998 (ACT NO. 52 OF 1998)
IN A NUTSHELL
Take note of the latest long-term insurance fees
Note that this notice repeals Notice 39 of 2013, published in the Gazette on 28 March 2013; and
Withdraws the incorrect Notice 182 of 2013, published in the Gazette on 23 August 2013.
This Notice will come into operation on the date of publication.
Prescribed Long-term Insurance Fees
(Sections 3(2)(b)(i) and 3(4) of the Long-term Insurance Act, 1998)
ITEM
NO.
SECTION OR SCHEDULE IN
THE ACT
1
Section 3(4)
2
Section 3(4)
3
Section 3(4)
4
Section 3(4)
5
6
Section 3(5)
Section 4(1)
7
Section 4(7)(b)
8
Section 8(1)(a)
9
Section 8(2)
10
Section 8(3)
ITEM
Document search by the Registrar for
purposes of inspection thereof, or
furnishing of copies or for the search, per
insurer, for documents in respect of a
particular financial year, relating to the
last ten preceding financial years, for the
purposes of inspection thereof or
furnishing of copies
Furnishing of a photostatic copy of a
return contemplated in section 36,
excluding those returns to be submitted
in terms of the Companies Act
Furnishing of a return contemplated in
section 36, in electronic format, for a
particular financial year, excluding those
returns to be submitted in terms of the
Companies Act
Furnishing of a copy of, or extract from,
any document per sheet thereof
Certification of a document
Application for extension of time
Application for the determination that a
policy or policies shall form part of a
different class of policies
Application for approval of the use of the
words "insure", "assure", "underwrite" or
any derivative thereof in the name or
description of a business or an
undertaking
Application for approval of a change of
name, or a translation, shortened form or
derivative thereof, of a long-term insurer
Application for approval to render
services in relation to a long-term policy
FEES
Rand
200.00
400.00
250.00
30.00
250.00
1 800.00
12 000.00
1 200.00
40 000.00
1 800.00
11
Section 9(1)
12
Section 9(2)(b)
13
Section 11(1)(a)
14
Section 17
15
Section 19(2)
16
Section 20(4)
17
Section 23(4)
18
Any one of section 24(a)(i), (ii),
(iii), (iv), (v), (vi), (vii) and (viii)
19
Section 24(a)(ix)
20
Section 25(1)
21
Section 26
22
Section 31(1)(c)
23
Section 32(1)(b)
24
Section 32(2)
25
Any one of section 34(1)(a), (c),
(d) and (e)
26
Section 34(1)(b)
27
28
29
30
31
32
33
34
Application for registration as a long-term
insurer, excluding an application which is
referred to in section 69(2)
Registration as a long-term insurer,
excluding the registration of an existing
insurer referred to in section 69(3)
Application for variation of conditions of
registration, excluding those variations
referred to in sections 12 and 13
Application for approval of a change in
the financial year of a long-term insurer
Application for any one approval of an
auditor
Application for approval of any one of the
statutory actuary and alternate statutory
actuary
Application for approval concerning the
appointment or composition of an audit
committee
Application for approval
Application for approval to allow a
subsidiary of a long-term insurer to
acquire directly or indirectly shares in that
long-term insurer
Application for approval to allot or issue
any of the shares of a long-term insurer
to, or register any of the shares of a longterm insurer in the name of, a person
other than the intended beneficial
shareholder, or to register transfer of any
of the shares of a long-term insurer to a
person other than the intended beneficial
shareholder
Application for approval to acquire or hold
shares or any other interest in a longterm insurer
Application for approval of an increase of
a percentage specified by regulation
Application to hold documentary
evidence of title to an asset outside the
Republic
Application for prior approval to include in
the assets which a long-term insurer
holds in respect of any of its policyholder
funds shares in its holding company
Application for approval
Application for approval of a person to
hold assets on behalf of a long-term
insurer
Application for approval of an
arrangement for the transfer of long-term
insurance business
Section 37(2)
Application for the approval of an
arrangement for the transfer of a longterm policy at the request of an individual
policyholder
Application for approval of compromise,
Section 38
arrangement, amalgamation,
demutualisation or transfer of business
Application for a declaration in
Section 43(a)
connection with the voluntary winding-up
of a long-term insurer
Application for approval of the relevant
Paragraph 2(b)(i) of schedule 1 criteria for a counterparty to an over-thecounter instrument
Application for approval of any other
Paragraph 2(b)(iii) of schedule 1 financial market in the Republic on which
any other derivative instrument is traded
Application for approval of a body
Item 20(c) of the Table to
corporate which is not incorporated and
schedule 1
registered in the Republic
Application for approval of another
Paragraph 1 of schedule 3
insurer in terms of the definition of
"approved reinsurance policy"
Paragraph 10 of the Notice on
Application for relaxation of a provision
the Prescribed requirements for
45 000.00
40 000.00
35 000.00
2 500.00
4 000.00
6 000.00
4 000.00
10 000.00
10 000.00
5 000.00
45 000.00
6 000.00
1 800.00
7 500.00
9 000.00
9 000.00
40 000.00
nil
80 000.00
18 000.00
6 000.00
6 000.00
6 000.00
6 000.00
18 000.00
the calculation of the value of
assets, liabilities and capital
adequacy requirement of longterm insurers, 2010, which
Notice has been prescribed in
terms of paragraph 2 of
schedule 3
35
Paragraph 7(2) of schedule 3
36
Regulation 6.5(1)
37
-
Application for approval for the valuation
of any liability i.r.o. a creditor who has
waived any right to have the obligation
discharged until all obligations to other
creditors have been discharged in full
Application from an insurer that is the
holding company or associate of more
than one non-mandated intermediary or
underwriting manager to be exempted
from regulation 6.2(2) or (3)
Application for the special performance
by the Registrar of any other act,
authorised by the Act, than an act
contemplated in any item above
6 000.00
8 000.00
A fee determined by
the Registrar in every
individual case after
consultation with the
applicant, being a
minimum of 500.00 and
a maximum of 40
000.00
The Financial Services Board, a public entity listed in Schedule 3A of the Public Finance Management Act No.1 of 1999, is not liable for
value added tax and is not registered as a VAT vendor under the Value-Added Tax Act No. 89 of 1991. The amounts in this schedule
therefore do not include VAT.
REFERENCE
BOARD NOTICE 187 OF 2013
FINANCIAL SERVICES BOARD
LONG-TERM INSURANCE ACT, 1998 (ACT NO. 52 OF 1998)
APPLIES TO, IMPACT & ACTION
RE
Applies to
All registered long term insurance providers
Action
Take note of revised fees
LINKS
FEES 2013
Impact: repeal Notice 39 of 2013, published in the Gazette on 28 March 2013; and Impact: withdraw incorrect Notice 182 of 2013,
published in the Gazette on 23 August 2013.
STANDARDS: TRADE METROLOGY BILL
KEY WORDS
NOTICE 889 OF 2013
DEPARTMENT OF TRADE AND INDUSTRY
NOTICE OF INTRODUCTION OF BILL INTO PARLIAMENT
IN A NUTSHELL
The Minister of Trade and Industry intends introducing THE LEGAL METROLOGY BILL into Parliament during September 2013.
The Draft bill was approved by cabinet at the beginning of November 2012 and subsequently published in Government Gazette 35930
in December 2012 for comment.
LEGAL METROLOGY BILL FOR GENERAL COMMENT
JANUARY 2013
The Bill will inter alia provide for the administration and maintenance of legal metrology technical regulations in order to
promote & protect




fair trade,
industrialisation
public health and safety
the environment
The TMA currently applies to certain measurable products and services, such as toilet paper, foodstuffs and beverages, to name a few,
to measurements used in trade, health, safety and the environment and to measuring instruments used. The Bill will extend the
application of the TMA to include medical measurements, safety measurements and environmental measurements.
The revised Act would be administered by the national regulator for compulsory specifications (NRCS). It would empower the NRCS to
confiscate and destroy any non-conforming products, services and instruments.
The NRCS will also be expected to authorise and maintain a register of verification marks, repair marks and protective seals.
Other powers to be assigned to the NRCS include:
•
Make recommendations to the trade and industry minister on legal metrology technical regulations
•
Carrying out market surveillance via inspections
•
Enforce regulations
•
Approve and verify measuring instruments
•
Issue approval certificates for products and services
AN OVERVIEW OF THE MORE IMPORTANT SECTIONS OF THE BILL:
OBJECTIVES
The Act will implement a regulatory and compliance system for legal metrology which will be administered and overseen by the
National Regulator for Compulsory Specifications
APPLICATION AND ADMINISTRATION OF ACT
Section 2. Application of Act.
This Act applies to
·
measurable products and services,
·
measurements in trade, health, safety and the environment;
·
and measuring instruments used for a prescribed purpose.
Section 3. Administration of Act.
Subject to the control of the Minister, this Act is administered by the National Regulator.
Section 6. Appointment of market surveillance inspectors.
The Commissioner must appoint a suitably qualified person as market surveillance inspector, in general or for a specific purpose.
The Commissioner may appoint an employee of the National Regulator or of any prescribed service provider as a market surveillance
inspector.
Section 7. Designation of verification bodies.
The Commissioner must designate a verification body in the prescribed manner to verify measuring instruments in accordance with this
Act. The Commissioner must furnish a verification body with a certificate stating that the verification body may undertake verifications
in terms of the Act.
Section 8. Appointment of verification officers.
The Commissioner must appoint a verification officer to verify measuring instruments of any particular kind in accordance with this Act.
The Commissioner may appoint an employee of the National Regulator or any designated verification body as a verification officer.
The Commissioner must furnish a verification officer with a certificate stating that the verification officer may undertake verifications in
terms of the Act.
Section 9. Designation of repair bodies.
The Commissioner must designate a repair body in the prescribed manner to repair measuring instruments of any particular kind in
accordance with this Act.
Section 10. Registration of persons responsible for repairs.
The Commissioner must register any person as the person responsible for the repair of measuring instruments of any particular kind in
accordance with this Act.
The Commissioner must furnish a person responsible for repairs with a certificate stating that the person may undertake repairs in
terms of the Act.
Section 11. Registration of importers, manufacturers and persons who offer for sale any prescribed measuring instrument,
product or service.
Any importer, manufacturer or any person who offers for sale any prescribed measuring instrument, product or service must register in
the prescribed manner and is subject to any relevant legal metrology technical regulation.
Section 14. Fees charged by designated bodies.
A verification body may charge such fee as may be agreed upon by that verification body and the person submitting the measuring
instrument for verification in respect of the verification of a measuring instrument.
A repair body may charge such fees as may be agreed upon by that repair body and the person submitting a measuring instrument for
repair; as
CHAPTER II
LEGAL METROLOGY TECHNICAL REGULATIONS
Section 15. Legal metrology technical regulations.
The Minister may, in respect of any measuring instrument or any product or service which may affect trade, public safety or the health
environment, or in respect of any other prescribed purpose, on the recommendation of the Commission and by notice in the Gazette(a) declare a SANS or a provision of a SANS to be a legal metrology technical regulation by referring to the title and the number of that
standard only, without indicating the year or edition number, and if that SANS is amended, the amended SANS is deemed to have
been incorporated; or by referring to the title, number and year or edition number of that SANS;
(b) declare an amended SANS or an amended provision of a SANS to be a legal metrology technical regulation if the original
declaration was made in terms of paragraph (a)(ii);
(c) declare or amend a legal metrology technical regulation if a SANS or a provision of a SANS is not available ; or
d) withdraw a legal metrology technical regulation.
Section 17. Effect of declaration as legal metrology technical regulations.
No person may import, sell or supply a measuring instrument, product or render a service to which a legal metrology technical
regulation applies, except in accordance with that legal metrology technical regulation.
No person may import or sell a measuring instrument or product, or render a service, to which a legal metrology technical regulation
applies, unless—
(a) the measuring instrument, product or service complies with, or has been manufactured in accordance with, the legal metrology
technical regulation, or both; and
(b) if applicable, the distinctive mark as prescribed has been applied to the measuring instrument or product in the prescribed manner
and the measuring instrument, product or service has been marked in accordance with any requirements in terms of section 36(2).
Any person who imports, sells or supplies a measuring instrument, product or service to which a legal metrology technical regulation
applies must—
(a) keep such records as may be prescribed; and
b) pay such fees to the National Regulator as may be prescribed.
Subject to such criteria as may be prescribed, the National Regulator may issue a written exemption to a person from these provisions.
Section 18. Measuring instrument, product or service not conforming to legal metrology technical regulation.
If the National Regulator finds that a measuring instrument, product or service does not conform to the legal metrology technical
regulation concerned, the National Regulator may direct in writing that such measuring instrument, product or service must be
confiscated, destroyed or dealt with in such other manner as the National Regulator may direct.
Any cost incurred by the National Regulator for the confiscation, destruction or otherwise dealing with the measuring instrument,
product or service may be recovered from the person using such measuring instrument or product, or rendering such service.
The National Regulator must inform the Minister in writing of any final action taken in terms of this section within 21 days of such action
being taken.
CHAPTER III
MEASURING STANDARDS
Section 19. Measuring standards used by market surveillance inspectors, verification officers and persons responsible for
repairs.
The National Regulator or any approved service provider, designated verification body or repair body must provide such measuring
standards as may be prescribed for use by any market surveillance inspector, verification officer or person responsible for repairs for
the purposes of the performance by his or her functions under this Act.
CHAPTER IV
MARKET SURVEILLANCE INSPECTIONS
Section 20. Powers of market surveillance inspectors.
Offices and Manufacturers
In order to monitor and enforce compliance with the provisions of this Act, a market surveillance inspector may, at any reasonable time
and without prior notice, enter any premises, other than a private dwelling, or stop any vehicle in or upon which—
(a) a measuring instrument, product or service in respect of which there is a legal metrology technical regulation, is manufactured or
sold; stored, kept for sale or used in the course of any business; or stored for any purpose in connection with the import or the export of
the measuring instrument, product or service;
(b) any manufacture, sale, use or storage is reasonably suspected; or
(c) any records with regard to the import, manufacture, sale or use of any measuring instrument, product or service are kept.
Inspection
A market surveillance inspector may—
(a) Inspect any measuring instrument, products or other thing which may in terms of this Act be inspected, or order that for the
purposes of inspection such measuring instrument, products or other thing including documentation pertaining to the inspection, be
placed at his or her disposal.
(b) seize and retain or suspend the use or provision of any measuring instrument, product or service which does not conform to or has
not been manufactured or provided in accordance with a legal metrology technical regulation that applies to it or any record document
or certificate pertaining to such measuring instrument product or service;
(c) order a person offering any measuring instrument or product for sale, to stop such offering;
(d) order the person in whose possession or on whose premises or vehicle such non-compliant measuring instrument, product or
service was found, or the agent or employee of such person, to withdraw the whole, or any part, of such product or service from sale or
to withdraw such measuring instrument from further use or sale or to take such other steps as that market surveillance inspector may
deem necessary.
Private dwelling
A market surveillance inspector may enter a private dwelling only with the consent of the owner or occupier; or if authorised to do so by
a warrant issued. A warrant may be issued by a judge or a magistrate if it appears from written information given by the market
surveillance inspector on oath or affirmation that there are reasonable grounds for believing that a contravention of this Act has been or
is being committed within the area of jurisdiction of that judge or magistrate.
The warrant must specify the parameters within which the market surveillance inspector may perform an entry, search or seizure.
Manner of inspection and removal of article
A market surveillance inspector entering any premises or vehicle may be accompanied by an interpreter.
A market surveillance inspector who enters and inspects any premises or vehicle under this section must conduct the entry and
inspection with strict regard for decency and order, and with regard to each person's right to dignity, freedom, security and privacy.
A market surveillance inspector who removes anything from a premises or a vehicle being searched must—
(a) issue a receipt for it to the owner or person in control of the premises or vehicle; and
(b) return it as soon as practicable after it has served the purpose for which it was removed.
Any person, or any agent or employee of such person, in charge of a measuring instrument, product or service that is being inspected
by any market surveillance inspector must at the request of any such market surveillance inspector, render such assistance as may be
necessary for the purposes of the inspection by the market surveillance inspector.
Defacing non conforming items
A market surveillance inspector must deface, in the prescribed manner, the verification mark on any measuring instrument which—
(a) he or she finds to be false, defective or inaccurate; or
(b) does not comply with any requirement of this Act; limitation or condition regarding verification or prescribed requirement
and any such measuring instrument must be regarded as unverified or rejected.
The market surveillance inspector who defaces any verification mark on any measuring instrument must at the same time issue to the
person in charge of the measuring instrument a certificate stating the reason for the defacement.
CHAPTER V
TYPE APPROVAL AND VERIFICATION OF MEASURING INSTRUMENTS
Section 21. Type approval of measuring instruments.
Every type of measuring instrument used for a prescribed purpose is subject to type approval unless exempted in terms of this Act.
A type of measuring instrument that is not exempted must be submitted for type approval in accordance with the prescribed
requirements.
If the type of measuring instrument complies with the prescribed requirements the Commissioner must issue a type approval certificate.
The Commissioner may withdraw or amend any certificate if the measuring instrument no longer complies with the requirements.
The period of validity of a certificate issued is as prescribed.
Section 22. Type approval offences.
A person is guilty of an offence if he or she, without the written permission of the Commissioner—
(a) sells or makes available for use any new type of a measuring instrument before the issue of a certificate;
(b) alters any model or modified type of a measuring instrument in respect of which a certificate was issued with regard to any portion
of the material of which or the mode in which or the principle according to which the measuring instrument was made, and pretends to
any person that the type so altered is the type in respect of which a certificate was issued; or
(c) represents to any person that a measuring instrument may be used—for a particular purpose whilst it may not be so used in terms
of this section; or in a particular manner whilst it may not be so used in terms of this section.
Section 23. Verification of measuring instruments.
All measuring instruments, including those used by the State for a prescribed purpose, are subject to initial verification and
reverification in accordance with the relevant legal metrology technical regulations, unless the measuring instrument is exempted from
initial verification or reverification in terms of this Act.
Measuring instruments must be submitted for verification at the prescribed time and in the prescribed manner.
Section 24. Powers of verification officers.
A verification officer may verify any measuring instrument or a particular kind of measuring instrument for which he or she is appointed
in terms of this Act.
If a verification officer finds that the measuring instrument in question does not comply with the requirements of this Act, the verification
officer must reject such measuring instrument by defacing the verification mark in the prescribed manner.
A measuring instrument whose verification mark has been defaced must be regarded as unverified.
A verification officer who defaces any verification mark on any measuring instrument must immediately after he or she has defaces the
verification mark issue to the person in charge of the measuring instrument in question a certificate stating the reason for the
defacement and a copy of that certificate must be submitted to the National Regulator.
If a verification officer finds that the measuring instrument in question complies with the requirements of this Act, he or she must—if a
verification mark is prescribed apply such verification mark to the measuring instrument in the prescribed manner; and at the same time
issue to the person in charge of the measuring instrument with a verification certificate.
Section 25. Offences in connection with verification of instruments.
Any verification officer who—
(a) consents to the continued use of a measuring instrument that was rejected
(b) issues a document to the effect that a measuring instrument has been verified under this Act if that measuring instrument has not
been verified;
(c) uses a verification mark for any purpose other than the intended purpose;
(d) fails to reject a measuring instrument which is found not to comply with the requirements of this Act;
(e) repairs a measuring instrument ;.
(f) unless a measuring instrument or a particular kind of measuring instrument has been submitted or made available to him or her by
the owner or user thereof for verification—falsely creates the impression with any owner or user that a measuring instrument is subject
to verification by him or her; or compelled any owner or user to have a measuring instrument verified by him or her, is guilty of an
offence.
Any person who—
(a) forges or counterfeits any stamp or die used for the verification of any measuring instrument;
(b) wilfully falsifies or tampers with a measuring instrument used for any prescribed purpose;
(c) otherwise than in the capacity of a market surveillance inspector, a verification officer or a person responsible for repairs acting in
terms of any regulation and save as provided in section 26, obliterates or removes from any measuring instrument any verification mark
or any part thereof;
(d) otherwise than in the capacity of a verification officer, places upon any measuring instrument any mark purporting to indicate that
such measuring instrument has been verified;
(e) sells, utters or disposes of, for use for any prescribed purpose, any measuring instrument that has been tampered with or that has
been falsified or on which the verification mark has been defaced in terms of section 24(3)(a); or
(f) wilfully commits or is a party to or aids in or incites any other person to the commission of any fraud or deception in the use of any
measuring instrument,
is guilty of an offence.
CHAPTER VI
REPAIR OF MEASURING INSTRUMENTS
Section 26. Functions of persons responsible for repairs.
A person responsible for repairs and who wishes to issue a guarantee contemplated must be—
(a) employed by a designated repair body; and
(b) registered in terms of section 10.
The person registered may not verify any prescribed measuring instrument.
Subject to any prescribed instructions relating to the defacing, obliteration or breaking of any verification mark—
(a) the person responsible for repairs may not repair any measuring instrument used for any prescribed purpose unless he or she has
first permanently obliterated any verification mark, including a mark defaced in terms of section 24(3)(a), thereon;
(b) the person responsible for repairs who has repaired any measuring instrument used for any prescribed purpose must furnish a
guarantee signed by him or her to the user or the owner of that measuring instrument that the measuring instrument is correct and
verifiable under this Act, unless that measuring instrument is immediately after the repair verified by a verification officer who is not
associated with the person responsible for repairs who carried out the repair.
A guarantee is valid for a prescribed period.
A copy of the guarantee must be forwarded to the National Regulator in the prescribed manner.
No person may use for any prescribed purpose any measuring instrument that has been repaired, unless the measuring instrument has
been verified or a guarantee in writing has been issued in respect of the measuring instrument.
If a person relies on a guarantee that person must ensure that the measuring instrument is verified before the expiry of the guarantee.
Work carried out on, or an adjustment made to, a measuring instrument that does not constitute a repair, does not invalidate any
current verification in respect of that measuring instrument as long as the person who worked on or adjusted the measuring instrument
issues a prescribed certificate to this effect, stating—
(a) the nature of the work done or the adjustment made; and
(b) the serial number and date of issue of the current valid verification certificate pertaining to that instrument.
Section 27. Offences by persons responsible for repair, repair bodies and users.
A person who is not registered in terms of section 10 and who repairs a measuring instrument is guilty of an offence.
A person registered in terms of Section 26(1)(b) who verifies any prescribed measuring instrument is guilty of an offence
A repair body that is not designated in terms of section 9 and that repairs a measuring instrument is guilty of an offence.
A person who contravenes or fails to comply with section 26 is guilty of an offence.
Any person who uses a measuring instrument for any prescribed purpose that has been repaired without having it immediately
thereafter verified, is guilty of an offence unless that measuring instrument is covered by a guarantee.
Any person who uses a measuring instrument for a prescribed purpose after the guarantee contemplated has expired is guilty of an
offence unless that measuring instrument has been verified before the expiry of that guarantee.
CHAPTER VII
MANNER OF USE, POSSESSION OF OR SALE OF MEASURING INSTRUMENTS AND PRODUCTS
Section 28. Restriction on and prohibition of manufacture, import, use or possession of certain measuring instruments.
Notwithstanding anything to the contrary in this Act or any other law, the Minister may by notice in the Gazette restrict or prohibit the
manufacture, import, use or possession of any measuring instrument to such extent and under such conditions as may be necessary in
order to achieve the object of effecting the application of measuring units of the International System of Units and any other prescribed
measuring unit in the Republic.
Section 29. Sale, supply and use of unverified measuring instruments.
No person may sell or supply for use for any prescribed purpose any unverified measuring instrument if such measuring instrument
must be verified in terms of the Act unless he or she has obtained prior authority in writing for such sale or supply from the
Commissioner.
The Commissioner may issue such authority only if—he or she is satisfied that the seller or supplier cannot, without undue delay or
inconvenience, cause such instrument to be verified before its sale or supply; and the seller or supplier furnishes the Commissioner
with a guarantee in a prescribed format and under such conditions as may be prescribed to the effect that the instrument is correct and
verifiable under this Act.
No person may use an unverified measuring instrument unless he or she has obtained the permission of the Commissioner.
A person who has acquired an unverified measuring instrument and covered by an permission may use such measuring instrument but
he or she must before any expiry date given on the authority , or otherwise at the earliest opportunity, cause it to be verified.
Section 30. Offences in respect of manufacture or selling of false, defective or inaccurate measuring instruments.
A person who manufactures, sells or causes to be sold—
(a) any false, defective or inaccurate measuring instrument; or
(b) any measuring instrument intended for measuring for a prescribed purpose; which does not comply with the requirements of a
notice issued under section 28 or with the requirements of any applicable legal metrology technical regulation is guilty of an offence.
Any person who—
(a) furnishes a guarantee in respect of any measuring instrument which is not correct and verifiable under this Act; or
(b) contravenes of fails to comply with section 29, is guilty of an offence.
Section 31. Measuring instruments to be wholly exposed.
Any person who, in the presence of the purchaser of any product and in connection with the measuring of the quantity of such product,
uses any measuring instrument, must keep such measuring instrument wholly exposed to the view of such purchaser.
Any person who uses any measuring instrument in the presence of a person in respect of whom the first mentioned person provides a
service must keep such measuring instrument wholly exposed to the view of the person in respect of whom the first mentioned person
provides a service.
Any person who uses any measuring instrument other than in the presence of a person in respect of whom the first mentioned person
provides a service, must grant free access to such measuring instrument and it's indications to any person affected by or to whom the
measurement applies.
Any person who in the retail trade sells any product prepacked by him or her must, at the request of the purchaser of such product who
wishes to measure the quantity of the product purchased, make available to that purchaser a verified measuring instrument suitable for
measuring the quantity of the product in question.
Section 32. Prohibition of false statement as to quantity.
Any person who directly or indirectly makes any false, incorrect or untrue declaration or statement or wilfully misleads any person as to
the quantity, expressed by number or in terms of any measuring unit, of any product or article in connection with its purchase, sale,
counting or measurement or in the computation of any charges for services rendered or for any other measurement of a legal nature on
the basis of number or measurement, is guilty of an offence.
If the difference between the actual and any represented quantity, expressed by number or in terms of any measuring unit, in respect of
which any declaration or statement is made and such difference is permissible in terms of this Act, that declaration or statement must
not be regarded as false, incorrect or untrue merely because of the existence of that difference.
Any person who sells or causes to be sold anything, the quantity of which is expressed by number or in terms of a measuring unit, of
which the actual quantity is short of that demanded of, or represented by, the seller, is guilty of an offence unless the shortage is
permissible in terms of this Act.
Any person who directly or indirectly makes any false, incorrect or untrue declaration of a measurement value for a measurement in
respect of the delivery of a service or any other measurement of a legal nature is guilty of an offence.
Section 33. Measurement for prescribed purpose to be effected in terms of certain measuring units and by means of verified
measuring instruments.
Land
Any contract, bargain, sale, purchase or transaction made or effected in the Republic in respect of any land situated therein or in
respect of any interest in land so situated or in respect of any product, service rendered or measurement for any other prescribed
purpose, a quantity of which is expressed in terms of any measuring unit, must be made or effected in accordance with a prescribed
measuring unit for such purpose.
Tolls, rates, taxes, fines or other fees
Any tolls, rates, taxes, fines or other fees charged or collected according to measurement of a physical quantity, must be charged or
collected in accordance with such measuring units as may be prescribed.
Measurements
No measurement for a prescribed purpose may be made or effected in the Republic by means of any measuring instrument not
permitted by this Act or which is false, defective or inaccurate or which, in the case of a measuring instrument which is required under
this Act to be verified, is unverified.
Imports
No person may import into the Republic any goods, including prepacked products, the quantity of which is expressed thereon or on any
document relating thereto in terms of any unauthorised measuring unit, unless the equivalent of the quantity so expressed is also
expressed in terms of a measuring unit prescribed by regulation for such purpose. This however will NOT apply to any products which
the Commissioner has exempted in writing or in respect of which the importer satisfies the Commissioner and the competent customs
officer that such products are being imported for manufacturing purposes and not for sale.
Products for sale
Any person who expresses the quantity of any products for sale in a manner or in terms of a measuring unit not prescribed for such
purpose or in terms of any unauthorised measuring unit, is guilty of an offence.
Section 34. Advertisement of measurable products and services.
No person may advertise any measurable product or service to which this Act applies unless any measurement referred to in the
advertisement is expressed in a manner or in terms of such measuring unit as may be prescribed for that product or service or unless
he or she has obtained prior authority in writing from the Commissioner.
A person that contravenes or fails to comply is guilty of an offence.
For the purposes of this section, "advertisement" means any direct or indirect communication transmitted by any medium, or any
representation or reference written, inscribed, recorded, encoded upon or embedded within any medium, by means of which a person
seeks to bring any information to the attention of all or part of the public.
Section 35. Manner of selling products
No person may—
(a) sell any product by mass unless by net mass;
(b) sell any fluid unless, with due allowance for any prescribed limit of error, the actual liquid contents by volume at a prescribed
temperature are indicated in the prescribed manner on the packaging or on any invoice, delivery note or other writing issued in
connection with the sale of such fluid;
(c) sell any product the quantity of which is determined at the time of sale thereof unless such quantity is made known to the
purchaser in such manner as may be prescribed;
(d) sell by mass any prepacked product unless the net mass of such product, with due allowance for such limits of error as may be
prescribed, is indicated in the prescribed manner on the package or product or on any invoice, delivery note or other writing issued in
connection with the sale of such product; or
(e) sell or deliver to a purchaser any product sold by such person by mass and otherwise than in prepacked form, unless the net mass
of such product is indicated in the manner prescribed on such product or on any invoice, delivery note or other writing delivered with
such products.
Exemptions
The Minister may exempt any product from he above provisions —that is subject to variation in mass owing to its properties or to
climatic influences; or for which mass is only used for the purposes of designating grade or class.
CHAPTER VIII
COMPLIANCE SCHEMES AND USE OF MARKS
Section 36. Compliance schemes and use of distinctive marks and verification marks.
The Minister may, on the recommendation of the Commission, introduce or abolish compliance schemes and, if deemed necessary, an
associated distinctive mark to supplement the regulation of quantity in prepackages or any other matter pertaining to this Act.
The Commissioner must authorise the design and issue verification marks and protective seals for use by verification officers, as
prescribed, and maintain a register thereof,
The Commissioner must authorize and maintain a register of protective seal designs used by persons responsible for repairs and
employed by a repair body.
A distinctive mark that has been established or a verification mark authorised and issued or a protective seal authorized must be
regarded as a mark the use of which is prohibited in terms of section 15(1) of the Merchandise Marks Act, 1941 (Act No. 17 of 1941),
except by the National Regulator or persons or bodies authorised by the National Regulator to use such mark.
CHAPTER IX
GENERAL AND MISCELLANEOUS
Section 38. Penalties.
Any person who contravenes or fails to comply with any provision of this Act is guilty of an offence and if convicted of an offence under
this Act is liable to a fine or imprisonment for a period not exceeding one year and on a second or subsequent conviction to a fine
or imprisonment for a period not exceeding two years.
Section 39. Acts or omissions by managers, agents or employees.
Whenever any manager, agent or employee of any person does or omits to do any act which it would be an offence under this Act for
such person to do or omit to do, then, unless it is proved that—
(a) in doing or omitting to do that act, such manager, agent or employee was acting without the connivance or the permission of such
person;
(b) all reasonable steps were taken by such person to prevent any such act or the omission to do any such act; and
(c) the act or omission charged, whether lawful or unlawful, was not within the scope of the authority or in the course of the employment
of such manager, agent or employee,
such person must be regarded as having done or omitted to do that act himself or herself and is guilty of that offence and liable to be
convicted and sentenced in respect of that offence.
The fact that the person issued instructions forbidding any such act or omission is not of itself sufficient proof that he or she took all
reasonable steps to prevent such act or omission.
Whenever any manager, agent or employee of any person does or omits to do any act which it would be an offence under this Act for
such person to do or omit to do, such manager, agent or employee is liable to be convicted and sentenced in respect thereof as if he
were such person.
Section 42. Repeal and amendment of laws and transitional provisions.
The laws mentioned in the first column of the Schedule are hereby repealed or amended to the extend set out in the third column of the
Schedule.
Any proclamation, regulation, notice, approval, authority, return, certificate or document issued, made, promulgated, given or granted
and any other action taken under any provision of a law repealed by subsection (1), must be regarded as having been issued, made,
promulgated, given, granted or taken under the corresponding provision of this Act.
REFERENCE
NOTICE 889 OF 2013
DEPARTMENT OF TRADE AND INDUSTRY
NOTICE OF INTRODUCTION OF BILL INTO PARLIAMENT
APPLIES TO IMPACT & ACTION
RE
Applies to
This Act applies to
·
·
·
measurable products and services,
measurements in trade, health, safety and the environment;
and measuring instruments used for a prescribed purpose,
and to any person who manufactures, sells measurable products and services, or who repairs measuring instruments.
Impact
The Act will repeal and replace the old and archaic Trade Metrology Act, 1973.
Bottom line: All persons who manufacture prepacked goods or services must comply with any relevant SANS codes or prescribed
requirements, must reflect any quantities on the packaging using the prescribed indicators /measurements as per the National
Regulator for Compulsory Specifications Act, 2008; must not misrepresent the actual quanity sold; all measuring instruments muyst be
manufactured by a verififed manufacturer, be correctly calibrated and possess the required certificate, and repairs must be carried out
by a verified agent who is duly registered.
Note that any proclamation, regulation, notice, approval, authority, return, certificate or document issued, made, promulgated, given or
granted and any other action taken under the Trade Metrology Act, 1973 must be regarded as having been issued, made, promulgated,
given, granted or taken under the corresponding provision of this Act.
LINKS
Subsequent to the introduction of the Bill into Parliament, copies can be obtained from:
The Department of Trade and Industry
Parliamentary Office
Contact person: Ms S. Naidoo
Telephone: 021 461 7191
COMPANIES- AMENDMENT OF COMPANIES ACT, 2008
KEY WORDS
COMPANIES ACT, 2008
AMENDMENT OF THE COMPANIES REGULATIONS, 2011
IN A NUTSHELL
TAKE NOTE OF THE REVISED Forms
Form CoR 15.1A
Form CoR 15.1B
Form CoR 15.1C
Form CoR 15.1D
Form CoR 15.1E
These amendments must be deemed to have become effective on 1 May 2011.
Note - ONLY AMENDED AREAS REFLECTED and highlighted in yellow- refer to full document if you intend using it
FORM COR 15.1A- Short Standard Form for Private Companies
Memorandum of Incorporation of
(Insert Name of Company)
which is a private company, has at least
director(s) and
alternate director(s), is authorised
to issue no more than
shares of a single class of [common] shares as described in Article 2, and is referred to in the rest of this
Memorandum of Incorporation as "the Company".
In this Memorandum of Incorporation (a) a reference to a section by number refers to the corresponding section of the Companies Act, 2008;
(b) words that are defined in the Companies Act, 2008 bear the same meaning in this Memorandum as in that Act.
The Company must publish a notice of any alteration of the Memorandum of Incorporation or the Rules, made in terms of section 17
(1), by delivering a copy of [those rules] the notice to each shareholder by ordinary mail.
Article 2 - Securities of the Company
2.1 Securities
(1) The Company is authorised to issue no more than the number of shares of a single class of [common] shares with no nominal or
par value as shown on the cover sheet, and each such issued share entitles the holder to—
(a) vote on any matter to be decided by a vote of shareholders of the company;
(b) participate in any distribution of profit to the shareholders; and
(c) participate in the distribution of the residual value of the company upon its dissolution.
(2) The Company must not make an offer to the public of any of its securities and an issued share must not be transferred to any
person other than—
(a) the company, or a related person:
(b) a shareholder of the company, or a person related to a shareholder of the company;
(c) a personal representative of the shareholder or the shareholder's estate;
(d) a beneficiary of the shareholder's estate; or
(e) another person approved by the company before the transfer is effected.
(3) The pre-emptive right of the Company's shareholders to be offered and to subscribe for additional shares, as set (a) out in section
39, is not limited, negated or restricted in any manner contemplated in section 39 [(2)] (3), or subject to any conditions contemplated in
that section.
(4) This Memorandum of Incorporation does not limit or restrict the authority of the Company's Board of Directors to—
3.6 Shareholders resolutions
(1) For an ordinary resolution to be adopted at a shareholders meeting, it must be supported by the holders of [at least] more
than 50% of the voting rights exercised on the resolution, as provided in section 65 (7).
4.1 Composition of the Board of Directors
(1) The Board of Directors of the Company comprises at least the number of directors, and alternate directors shown on the cover
sheet, each of whom is to be elected by the holders of the company's securities as contemplated in section 68.
4.2 Authority of the Board of Directors
(1) The authority of the Company's Board of Directors to manage and direct the business and affairs of the Company, as set out in
section 66 (1) is not limited or restricted by this Memorandum of Incorporation.
(2) If, at anytime, the Company has only one director, as contemplated in section 57 (3), the authority of that director to act without
notice or compliance with any other internal formalities, as set out in that section is not limited or restricted by this Memorandum of
Incorporation.
(3) The Company's Board of Directors must not register the transfer of any shares unless the conditions for the transfer contemplated
in article 2.1 (2) have been met
4.3 Directors' Meetings
(1) The right of the Company's directors to requisition a meeting of the Board, as set out in section 73 (1), may be exercised by at least
25% of the directors, if the board has 12 or more members, or by 2 (two) directors, in any other case.
4.4 Directors compensation and financial assistance
This Memorandum of Incorporation does not limit the authority of the Company to (a) pay remuneration to the Company's directors, in accordance with a special resolution approved by the Company's shareholders
within the previous two years, as set out in section 66 (9) and (10);
(b) advance expenses to a director, or indemnify a director, in respect of the defense of legal proceedings, as set out in section
78 [(3)] (4),
(c) indemnify a director in respect of liability, as set out in section 78 (5); or
(d) purchase insurance to protect the Company, or a director, as set out in section 78 [(6)] (7).
FORM COR 15.1B -SHORT STANDARD FORM FOR PRIVATE COMPANIES
1.3 Memorandum of Incorporation and Company rules
(1) This Memorandum of Incorporation of the Companymay be altered or amended only in the manner set out section 16, 17 or 152 (6) (b).
may be altered or amended in the manner set out in section 16, 17 or 152 (6)(b), subject to the provisions contemplated in section
16 [(1)(c)] (2), as set out in Part B of Schedule 1.
Article 2 - Securities of the Company
2.1 Shares
(1) The Company is authorised to issue no more than shares of a single class of [common] shares with no nominal or par value, each of which entitles the holder to (a) vote on any matter to be decided by a vote of shareholders of the company;
(b) participate in any distribution of profit to the shareholders; and
(c) share in the distribution of the company's residual value upon its dissolution.
the maximum number of each of the classes of shares set out in Part A of Schedule 2, subject to the preferences, rights,
limitations and other terms associated with each such class, as set out in Part A of Schedule 2.
(2) The authority of the Company's Board of Directors to increase or decrease the number of authorised shares of any class of the
Company's shares, to reclassify any shares that have been authorised but not issued, to classify any unclassified shares, or to
determine the preferences, rights, limitations or other terms of any class of shares, as set out in section 36 (2)(b) and (3)[(c)] is not limited or restricted by this Memorandum of Incorporation.
is limited or restricted to the extent set out in Part A of Schedule 2.
[In the case of a public company]
(2A) The Company must not make an offer to the public of any of its securities
[In the case of a private or personal liability company]
may make an offer to the public of any of its securities
(2B) The transferability of the shares of the Company is not restricted.
is restricted as set out in Part F of Schedule 2
[In the case of a private or personal liability company]
(3) The shareholders of the Company do not have any pre-emptive right to be offered and to subscribe for additional shares of the company.
have a common pre-emptive right to be offered and to subscribe for additional shares of the company, as set out in Part A of
Schedule [3] 2 .
have only such pre-emptive rights to be offered and to subscribe additional shares of the company, if any, as are set out in the
preferences, rights, limitations and other terms associated with their respective classes of shares.
[[In the case of a private or personal liability company]]
[(3)] (4) The pre-emptive right of the Company's shareholders to be offered and to subscribe for additional shares, as set out in section
39 is unconditional, and is not limited, negated or restricted in any manner contemplated in subsection[(2)] (3) of section 39.
is subject to the conditions, limitations, or restrictions set out in Part A of Schedule 3.
does not apply with respect to any shares of the Company.
Article 3 - Shareholders
3.1 Shareholders' right to information
In addition to the rights to access information set out in section 26 (1), every person who has a beneficial interests in any of the
Company's securities or any other specified person, has the further rights to information, if any, set out in Part A of Schedule [2] 3 of
this Memorandum of Incorporation.
3.2 Shareholders' authority to act
(1) If, at anytime, there is only one shareholder of the Company, the authority of that shareholder to act without notice or compliance
with any other internal formalities, as set out in section 57 (2) (a) is not limited or restricted by this Memorandum of Incorporation.
(b) is limited or restricted to the extent set out in Part A of Schedule 3.
(2) If, at anytime, every shareholder of the Company is also a director of the Company, as contemplated in section 57 (4), the authority
of the shareholders to act without notice or compliance with any other internal formalities, as set out in that section 4.2 Shareholders' right to requisition a meeting
The right of shareholders to requisition a meeting, as set out in section 61 (3), may be exercised by the holders of at least 10% of the voting rights entitled to be exercised in relation to the matter to be considered at the meeting,
as provided for in that section.
by the holders of at least
% of the voting rights entitled to be exercised in relation to the matter to be considered at the
meeting, despite the provisions of that section [In the case of a percentage lower than 10].
4.7 Adjournment of shareholders meetings
The maximum period allowable for an adjournment of a shareholders meeting is as set out in section 64 [(13)] (12), without variation.
as set out in section 64 [(13)] (12), subject to the variations set out in Part E of Schedule 4.
4.8 Shareholders resolutions
(1) For an ordinary resolution to be adopted at a shareholders meeting, it must be supported by the holders of [at least] –
more than 50% of the voting rights exercised on the resolution, as provided in section 65 (7).
at least
% of the voting rights exercised on the resolution, despite section 65 (7).
at least the minimum percentage of the voting rights exercised on the resolution, as set out in Part [G] F of Schedule 4.
Article 5 - Directors and Officers
5.1 Composition of the Board of Directors
(1) The Board of Directors of the Company comprises of at least
directors, and
alternate directors, to be elected by holders of
the companies securities entitled to exercise voting rights, as contemplated in section 68.
(2) In addition to the elected directors there are no appointed or ex officio directors of the Company, as contemplated in section 66(4).
there are
appointed, and
ex officio directors of the Company, as contemplated in section [68]66 (4), to be designated in
the manner specified in Part A of Schedule 5.
(3) In addition to satisfying the qualification and eligibility requirements set out in section 69, to become or remain a director or a
prescribed officer of the Company, a person need not satisfy any further eligibility requirements or qualifications.
must satisfy the additional eligibility requirements and qualifications set out in Part B of Schedule 5.
(4) Each elected director of the Company serves for an indefinite term, as contemplated in section 68 (1).
a term of
years.
a term determined in the manner set out in Part C of Schedule 5.
5.2A Liability of Directors
The company is a personal liability company and the directors and past directors are jointly and severally liable for the debts and
liabilities of the company as contemplated in section 19 (3).
5.3 Board of Directors Meetings
(1) The authority of the Company's Board of Directors to consider a matter other than at a meeting, as set out in section 74
is not limited or restricted by this Memorandum of Incorporation.
is limited or restricted to the extent set out in Part G of Schedule 5.
(2) The right of the Company's directors to requisition a meeting of the Board, as set out in section 73 (1), may be exercisedby at least 25% of the directors, if the board has 12 or more members, or by 2 (two) directors, in any other case, as provided in
that section; or
by at least
% of the directors, or by at least
directors, despite the provisions of that section.
5.4 Director's compensation and financial assistance
(1) The authority of the Company to pay remuneration to the Company's directors, in accordance with a special resolution approved by
the Company's shareholders within the previous two years, as set out in section 66 ([9] 8) and ([10] 9) is not limited or restricted
by this Memorandum of Incorporation.
5.6 Committees of the Board
(1) The authority of the Company's Board of Directors to appoint committees of directors, and to delegate to any such committee any of
the authority of the Board, as set out in section 72 (1), and to include in any such committee persons who are not directors, as set out
in section [73] 72 (2)(a) Article 6 - General Provisions
Insert any further provisions desired in this or additional Articles.
Schedule 1 - Incorporation and nature of the Company
Part A
Insert—
(a) any 'Ring fencing' provisions as contemplated in section 15 (2) of the Act; and
(b) any provisions limiting the purposes or powers of the Company, as contemplated in section 19 (1)(b) of the Act.
Part B
Insert—
(a) any provisions relating to the amendment of the Memorandum of Incorporation, as contemplated in section 16 [(1)(c)] (2) of the
Act; [and]
(b) any provisions relating to the Board's authority to make rules for the Company, as contemplated in section 15 (3) to (5) of the Act;
and
(c) any provisions relating to the publication of the notice of alteration as contemplated in section 17(1) of the Act.
Schedule 2 - Company Securities
Part A
Insert—
(a) any provisions setting out the classes of authorised shares, and maximum number of authorised shares of each class, and the
preferences, rights, limitations and other terms of each class of shares[, shares]as contemplated in section [15 (2)] 36 (1) of the Act;
and
(b) any provisions respecting the authority of the Board to exercise powers relating to shares, as contemplated in section 36 (3)[(a)] of
the Act.
Part B
Insert any provisions restricting or limiting the authority of the Board to provide financial assistance to any person in relation to the
subscriptions of securities or options, as contemplated in section 44 of the Act.
Part C
Insert any provisions restricting or limiting the authority of the Board with respect to the issuing of capitalisation shares, as
contemplated in section 47 (1) of the Act
Part D
Insert any provisions restricting or limiting the authority of the Board with respect to the issuing of debt instruments, as contemplated in
section 43(2) or (3) of the Act.
Part E
Insert any provisions restricting or limiting the authority of the [Board] Company with respect to the registration of beneficial interests in
the Company's securities, as contemplated in section 56 (1) of the Act.
Part F
Insert any provisions restricting or limiting the transferability of the securities of the Company as contemplated in section 8 (2) (b) (ii)
(bb).
Schedule 3 - Shareholders
Part A
Insert (a) any provisions relating to information rights of any person in addition to those set out in section 26 (3 of the Act).
(b) any provisions limiting or restricting the right of shareholders to act without meeting formal requirements, as contemplated in section
57 (2) or (4) of the Act.
(c) any provisions limiting or restricting or setting conditions for the pre-emptive right of the Company's shareholders tobe offered and to
subscribe for additional shares, as set out in section 39.
Part B
Insert any provisions relating to the powers of shareholders to appoint proxies, the appointment of proxies, and the powers of any such
proxy, as contemplated in section 58 of the Act.
Part C
Insert any provisions respecting the fixing of a record date, as contemplated in section 59 of the Act.
Schedule 4 - Shareholders Meetings
Part A
Insert any provisions imposing a requirement to hold a shareholder's meeting.
Part B
Insert any provisions limiting or restricting the authority of the Board to determine the location of shareholders meetings, or the authority
of the Company to meet outside the Republic.
Part C
Insert any provision prohibiting, limiting or restricting the authority of the Board with respect to the use of electronic communication for
shareholders meetings, as contemplated in section 63 of the Act.
Part D
Insert any provision respecting the quorum requirements for shareholders meetings, or varying the provisions of section 64 of the Act.
Part E
Insert any provision varying section 64 (13) of the Act with respect to the maximum period for adjournment of a shareholders meeting.
Part F
Insert—
(a) any provision establishing different requirements for adoption of an ordinary resolution for different matters;
(b) any provision establishing different requirements for adoption of an special resolution for different matters; or
(c) any provision imposing the requirement of a special resolution to approve any matter, as contemplated in section 65(11) of the Act.
Part G
Insert any provisions requiring a special resolution to be adopted for any matter in addition to the matters set out in section 65(11) or
elsewhere in the Act.
Schedule 5 - Directors of the Company
Part A
Insert any provisions establishing the rights of any person to appoint a director, or establishing the right of any person to be an ex
officio director of the Company, or providing for the appointment or election of alternate directors.
Part B
Insert any provision imposing additional eligibility or qualification requirements for directors and prescribed officers of the Company.
Part C
Insert (a) any provision establishing an alternative manner of electing directors, as contemplated in section 68 of the Act.
(b) any provisions establishing an alternative manner of determining the term to be served by any director.
Part D
Insert any provision limiting or restricting the authority of the Board to temporarily fill a vacancy on the Board, as contemplated in
section 68 (3) of the Act.
Part E
Insert any provision limiting or restricting the authority of the Board to manage and direct the business and affairs of the Company, as
contemplated in section 66 (1) of the Act. Part F
Insert any provision limiting or restricting the authority of a lone director to act without regard for formalities, as contemplated in section
57 (3) of the Act.
Part G
Insert any provision limiting or restricting the authority of the Board to consider a matter other than at a meeting, as contemplated in
section 74 of the Act.
Part H
Insert any provision limiting, restricting or varying the authority of the Board with respect to the conduct of its meetings, as
contemplated in section 73 of the Act.
Part I
Insert any provision limiting or restricting the authority of the Company to pay remuneration to its Directors, as contemplated in
section 66 ([1])8 of the Act, or limiting or restricting the authority of the Board to authorise the Company to provide financial assistance
to a director, [or] prescribed officer or any other party contemplated in section 45 (2) of the Act.
Part J
Insert any provision limiting, restricting or extending the authority of the Company to advance expenses to a director, indemnify a
director, or purchase insurance to protect the Company or a director, as contemplated in section 78 of the Act.
Part K
Insert any provision limiting or restricting the authority of the Board with respect to the establishment of committees, or limiting or
restricting the authority of a committee, as contemplated in section 72 of the Act.
This form is prescribed by the Minister of Trade and Industry in terms of section 223 of the Companies Act, 2008 (Act No. 71 of 2008).
FORM COR 15.1C SHORT STANDARD FORM NON PROFIT COMPANIES WITHOUT MEMBERS
The Incorporators must complete this form by(a) filling in the Name of the Company, unless it is to be completed by the Commission in terms of Regulation 14 (1)(b) [(i) or] (iii);
1.2 Objects and Powers of the Company
(1) The Objects of the Company are as set out on the cover sheet and, except to the extent necessarily implied by the stated objects,
the purposes and powers of the Company are not subject to any restriction, limitation or qualification, as contemplated in section 19
(1)(b)(ii).
(2) The Company is not subject to any provision contemplated in section 15 (2)(b) or (c).
(3) upon dissolution of the Company, it net assets must be distributed in the manner determined in accordance with Item 1 (4)(b) of
Schedule [2] 1 of the Companies Act, 2008.
1.3 Memorandum of Incorporation and Company rules
(1) This Memorandum of Incorporation of the Company may be altered or amended only in the manner set out in section 16, 17 or 152
(6) (b).
(2) The authority of the Company's Board of Directors to make rules for the Company, as contemplated in section 15 (3) to (5), is not
limited or restricted in any manner by this Memorandum of Incorporation.
(3) The Board must publish any rules made in terms of section 15 (3) to (5) by delivering a copy of those rules to each director by
ordinary mail.
(4) The Company must publish a notice of any alteration of the Memorandum of Incorporation or the Rules, made in terms of section 17
(1), by delivering a copy of [those rules] the notice to each director by ordinary mail.
1.5 Company not to have members
As contemplated in Item 4 (1) of Schedule [2] 1 of the Act, the Company has no members.
Article 2 - Directors and Officers
2.1 Composition of the Board of Directors
The Board of Directors of the Company comprises at least the number of directors, and alternate directors shown on the cover sheet,
each of whom 2.2 Authority of the Board of Directors and Committees
(1) This memorandum of Incorporation does not limit or restrict the authority of the Company's Board of Directors to(a) manage and direct the business and affairs of the Company, as set out in section 66 (1);
(b) consider a matter other than at a meeting, as set out in section 74;
(c) conduct a meeting entirely by electronic communication, or to provide for participation in a meeting by electronic communication, as
set out in section 73 (3);
(d) determine the manner and form of providing notice of its meetings, as set out in section 73 (4);
(e) proceed with a meeting despite a failure or defect in giving notice of the meeting, as set out in section 73 (5);
(f) appoint committees of directors, and to delegate to any such committee any of the authority of the Board as set out in section 72 (1),
or to include in any such committee persons who are not directors, as set out in section 73 (2)(a).
(2) The right of the Company's directors to requisition a meeting of the Board, as set out in section 73 (1), may be exercised by at least
25% of the directors, if the board has 12 or more members, or by 2 (two) directors, in any other case, as provided in that section.
(3) The quorum requirement for a directors meeting to begin, the voting rights at such a meeting, and the requirements for approval of
a resolution at such a meeting, are as set out in section 73 (5).
(4) This Memorandum of Incorporation does not limit or restrict the authority of any committee appointed by the Company's Board of
Directors, as set out in section 72 (2) [(b) and (c)].
2.3 Indemnification of Directors
This Memorandum of Incorporation does not limit, restrict or extend the authority of the Company's Board of Directors to (a) advance expenses to a director, or indemnify a director, in respect of the defense of legal proceedings, as set out in section 78
[(3)] (4);
(b) indemnify a director in respect of liability, as set out in section 78 (5); or
(c) purchase insurance to protect the Company, or a director, as set out in section 78 [(6)] (7).
2.4 Officers
The Board of Directors may appoint any officers it considers necessary to better achieve the objects of the Company.
FORM COR 15.1D LONG STANDARD FORM NON PROFIT COMPANIES WITHOUT MEMBERS
The Incorporators must complete this form by(a) filling in the Name of the Company, unless it is to be completed by the Commission in terms of Regulation 14(1)(b)[(i) or] (iii);
(b) inserting a statement of the objects of the company in the space provided [inserting the number of directors and alternate
directors in the spaces provided];
(c) inserting the number of directors and alternate directors in the spaces provided; and
Memorandum of Incorporation of
(Insert Name of Company)
which is referred to in the rest of this Memorandum of Incorporation as "the Company".
The Company is a Non Profit company without members, with the following objects:
The Company has at least
[director(s)] directors and
alternate director(s), to be appointed in the following manner:
Adoption of Memorandum of Incorporation
This Memorandum of Incorporation was adopted by the incorporators of the Company, in accordance with section 13 (1), as evidenced
by the following signatures made by each of them, or on their behalf (only required in the case of new company registrations):
Name of incorporator
Identity or Registration #
Signature
Date
is not subject to any provision contemplated in section 15 (2) (b) or (c).
is subject to the provision contemplated in section 15 (2)(b) or (c), as set out in Part B of Schedule 1.
(3) Upon dissolution of the Company, its net assets must be distributed in the manner determined in accordance with(a) Item 1(4)(b) of Schedule [2] 1 of the Companies Act, 2008; and
(b) the provisions, if any, set out in Part [C] D of Schedule 1 of this Memorandum.
1.3 Memorandum of Incorporation and Company rules
(1) This Memorandum of Incorporation of the Companymay be altered or amended only in the manner set out in section 16, 17 or 152 (6) (b).
may be altered or amended in the manner set out in section 16, 17 or 152 (6) (b), subject to the provisions contemplated in section 16
[(1)(c)] (2), and set out in Part [D] C of Schedule 1.
(2) The authority of the Company's Board of Directors to make rules for the Company, as contemplated in section 15 (3) to (5) is not limited or restricted in any manner by this Memorandum of Incorporation.
is limited or restricted to the extent set out in Part [D] C of Schedule 1.
(3) The Board must publish any rules made in terms of section 15 (3) to (5)by delivering a copy of those rules to each director by ordinary mail.
in accordance with the requirements set out in Part [D] C of Schedule 1.
(4) The Company must publish a notice of any alteration of the Memorandum of Incorporation or the Rules, made in terms of section
17(1)by delivering a copy of those rules to each director by ordinary mail.
in accordance with the requirements set out in Part [D] C of Schedule 1.
1.5 Company not to have members
As contemplated in Item 4 (1) of Schedule [2] 1 of the Act, the Company has no members.
Article 2 - Directors and Officers
2.1 Composition of the Board of Directors
(1) The Board of Directors of the Company comprises the number of directors, and alternate directors shown on the cover sheet, each
of whom(a) is to be appointed in the manner set out on the cover sheet; and
(b) serves for -.
an indefinite term, until substituted by the person or entity that appointed the director
a term of
years.
a term determined in the manner set out on the cover sheet.
Schedule 1 - Incorporation and nature of the Company
Part A
Insert any provisions limiting the purposes or powers of the Company, as contemplated in section 19 (1)(b) of the Act.
Part B
Insert any 'Ring fencing' provisions as contemplated in section 15 (2) of the Act.
Part C
Insert—
(a) any provisions relating to the amendment of the Memorandum of Incorporation, as contemplated in section 16 [(1 (c)] (2) of the
Act; [and]
(b) any provisions relating to the Board's authority to make rules for the Company, as contemplated in section 15 (3) to (5) of the Act;
and
(c) any provisions relating to the publication of the notice of alteration as contemplated in section 17 (1) of the Act.
Part D
Insert provisions establishing, or providing for the establishment of, a scheme of distribution of the net assets of the Company upon its
dissolution, as required by Item 1 (4) of Schedule 2 of the Companies Act, 2008.
Schedule 2 - Directors of the Company
Part A
Insert any provisions establishing [the rights of any person to appoint a director, or establishing] the right of any person to be an
ex officio director of the Company.
Part B
Insert any provision imposing additional eligibility or qualification requirements for directors and prescribed officers of the Company.
Part C
Insert any provision limiting or restricting the authority of the Board to manage and direct the business and affairs of the Company, as
contemplated in section 66 (1) of the Act.
Part D
Insert any provision limiting or restricting the authority of the Board to consider a matter other than at a meeting, as contemplated in
section 74 of the Act.
Part E
Insert any provision limiting, restricting or varying the authority of the Board with respect to the conduct of its meetings, as
contemplated in section 73 of the Act.
Part F
Insert any provision limiting, restricting or extending the authority of the Company to advance expenses to a director, indemnify a
director, or purchase insurance to protect the Company or a director, as contemplated in section 78 of the Act.
Part G
Insert any provision limiting, restricting or varying the authority of the Board with respect to the establishment of committees, or limiting
or restricting the authority of a committee, as contemplated in section 72 of the Act.
FORM COR 15.1E LONG STANDARD FORM NON PROFIT COMPANIES WITH MEMBERS
The Incorporators must complete this form by(a) filling in the Name of the Company, unless it is to be completed by the Commission in terms of Regulation 14(1)(b)[(i) or] (iii);
(b) inserting a statement of the objects of the company in the space provided [inserting the number of directors and alternate
directors in the spaces provided];
1.2 Objects and Powers of the Company
(1) The Objects of the Company are as set out on the cover sheet and, except to the extent necessarily implied by the stated objects,
the purposes and powers of the Companyare not subject to any restriction, limitation or qualification, as contemplated in section 19 (1)(b)(ii).
are subject to any restriction, limitation or qualification, contemplated in section 19 (1)(b)(ii), as set out in Part A of Schedule 1.
(2) The Companyis not subject to any provision contemplated in section 15 (2)(b) or (c).
is subject to the provision contemplated in section 15 (2)(b) or (c), as set out in Part B of Schedule 1.
(3) Upon dissolution of the Company, its net assets must be distributed in the manner determined in accordance with(a) Item 1(4)(b) of Schedule [2] 1 of the Companies Act, 2008; and
(b) the provisions, if any, set out in Part C of Schedule 1 of this Memorandum.
1.3 Memorandum of Incorporation and Company rules
(1) This Memorandum of Incorporation of the Companymay be altered or amended only in the manner set out in section 16, 17 or 152 (6) (b).
may be altered or amended in the manner set out in section 16, 17 or 152 (6) (b), subject to the provisions contemplated in
section 16 [(1)(c)], (2) and set out in Part D of Schedule 1.
(2) The authority of the Company's Board of Directors to make rules for the Company, as contemplated in section 15 (3) to (5) is not limited or restricted in any manner by this Memorandum of Incorporation.
is limited or restricted to the extent set out in Part D of Schedule 1.
(3) The Board must publish any rules made in terms of section 15 (3) to (5) by delivering a copy of those rules to each director and member by ordinary mail.
in accordance with the requirements set out in Part D of Schedule 1.
(4) The Company must publish a notice of any alteration of the Memorandum of Incorporation or the Rules, made in terms of section 17
(1) by delivering a copy of those rules to each director and member by ordinary mail.
in accordance with the requirements set out in Part D of Schedule 1.
Members of the Company
(1) As contemplated in Item 4 (1) of Schedule [2] 1 of the Act, the Company has members, who -
3.2 Members' right to requisition a meeting
The right of members to requisition a meeting, as set out in section 61 (3), may be exercised –
by at least [25%] 10% of the voting members, as provided for in that section.
by at least
% of the voting members . [In the case of a percentage lower than 10].
3.7 Adjournment of members meetings
The maximum period allowable for an adjournment of a members meeting is as set out in section 64 [(13)] (12), without variation.
as set out in section 64 [(13)] (12), subject to the variations set out in Part E of Schedule 3.
3.8 Members resolutions
(1) For an ordinary resolution to be adopted at a members meeting, it must be supported by [at least] more than 50% of the members who voted on the resolution, as provided in section 65 (7).
at least
% of the members who voted on the resolution, despite section 65 (7).
at least the minimum percentage of members voting on the resolution, as set out in Part F of Schedule 3.
Article 4 - Directors and Officers
[2.1] 4.1 Composition of the Board of Directors
(1) The Board of Directors of the Company comprises of at least
elected] -
directors, and
alternate directors each of whom [is to be
(a) is to be [appointed] elected in the manner set out in Part A of Schedule 4; and
(b) serves for a term of
years.
(2) In addition to the [appointed] elected directors—
there are no appointed or ex officio directors of the company, as contemplated in section 66 (4).
there are
appointed, and
ex officio, directors of the company, as contemplated in section 66 (4), to be designated in the
manner specified in Part B of Schedule 4.
(3) In addition to satisfying the qualification and eligibility requirements set out in section 69, to become or remain a director of the
Company, a person need not satisfy any further eligibility requirements or qualifications.
must satisfy the additional eligibility requirements and qualifications set out in Part [B] C of Schedule[2] 4.
(4) Each appointed director of the Company serves for an indefinite term, until substituted by the person or entity that made the
appointment.
[2.2] 4.2 Authority of the Board of Directors
The authority of the Company's Board of Directors to manage and direct the business and affairs of the Company, as set out in section
66 (1) is not limited or restricted by this Memorandum of Incorporation.
is limited or restricted to the extent set out in Part [C] D of Schedule [2] 4.
[2.2] 4.3 Board of Directors meetings
(1) The authority of the Company's Board of Directors to consider a matter other than at a meeting, as set out in section 74 is not limited or restricted by this Memorandum of Incorporation.
is limited or restricted to the extent set out in Part E of Schedule 4.
(2) The right of the Company's Directors to requisition a meeting of the Board, as set out in section 73 (1), may be exercised by at least 25% of the directors, if the board has 12 or more members, or by 2 (two) directors, in any other case, as provided in that
section.
at least
% of the directors or by at least
directors, despite the provisions of that section.
(3) The authority of the Company's Board of Directors to conduct a meeting entirely by electronic communication, or to provide for
participation in a meeting by electronic communication, as set out in section 73 (3); is not limited or restricted by this Memorandum of Incorporation.
[2.3] 4.4 Indemnification of Directors
(1) The authority of the Company's Board of Directors to advance expenses to a director, or indemnify a director, in respect of the
defense of legal proceedings, as set out in section 78 (3) is not limited or restricted by this Memorandum of Incorporation.
is limited, restricted or extended to the extent set out in Part G of Schedule 4.
(2) The authority of the Company's Board of Directors to indemnify a director in respect of liability, as set out in section 78 (5) is not limited or restricted by this Memorandum of Incorporation.
is limited, restricted or extended to the extent set out in Part G of Schedule 4.
(3) The authority of the Company's Board of Directors to purchase insurance to protect the Company, or a director, as set out in section
78 (6) is not limited or restricted by this Memorandum of Incorporation.
is limited, restricted or extended to the extent set out in Part G of Schedule 4.
[2.4] 4.5 Officers and Committees
(1) The Board of Directors may appoint any officers it considers necessary to better achieve the objects of the Company.
(2)
The authority of the Company's Board of Directors to appoint committees of directors, and to delegate to any such committee any of
the authority of the Board as set out in section 72 (1), or to include in any such committee persons who are not directors, as set out in
section [73] 72 (2)(a) Article [3] 5 - General Provisions
Insert any further provisions desired in this or additional Articles.
Schedule 1 - Incorporation and nature of the Company
Part D
Insert—
(a) any provisions relating to the amendment of the Memorandum of Incorporation, as contemplated in section 16 [(1) (c)] (2) of the
Act; [and]
(b) any provisions relating to the Board's authority to make rules for the Company, as contemplated in section 15 (3) to (5) of the Act;
and
(c) any provisions relating to the publication of the notice of alteration as contemplated in section 17 (1) of the Act.
Schedule 3 - Members Meetings Part A
Insert any provisions imposing a requirement to hold a members meeting.
Part B
Insert any provision limiting or restricting the authority of the Board to determine the location of members meetings, or the authority of
the Company to meet outside the Republic.
Part C
Insert any provision prohibiting, limiting or restricting the authority of the Board with respect to the use of electronic communication for
members meetings, as contemplated in section 63 of the Act.
Schedule 4 - Directors of the Company
Part A
Insert provisions setting out the process for the election of Directors by the voting members.
Part B
Insert any provisions establishing the rights of any person to appoint a director, or establishing the right of any person to be an ex
officio director of the Company or providing for the appointment or election of alternate directors.
REFERENCE
No. R. 619
20 August 2013
COMPANIES ACT, 2008
AMENDMENT OF THE COMPANIES REGULATIONS, 2011
APPLIES TO IMPACT & ACTION
RE
Applies to
All persons who would like to register a company.
Impact
Take note of amended forms and use where necessary
LINKS
MOI FORMS - COR 15
Note- amended Aug 2013
ENVIRONMENTAL BILLS: CALL FOR COMMENT
KEY WORDS
NOTICE 854 OF 2013 (Government Gazette 36765)
DEPARTMENT OF ENVIRONMENTAL AFFAIRS
REQUEST FOR PUBLIC COMMENTS ON THE VARIOUS BILLS
IN A NUTSHELL
The Minister of Water and Environmental Affairs intends introducing the following Bills in Parliament during August 2013:
1. National Environmental Management Laws Amendment Bill, 2013;
2. National Environmental Management: Air Quality Amendment Bill, 2013;
3. National Environmental Management: Protected Areas Amendment Bill, 2013; and
4. National Environmental Management: Waste Amendment Bill, 2013.
Members of the public are hereby invited to submit written comments or inputs on the draft Bill. The aforesaid comments or inputs must
be marked for the attention of Mr. Sibusiso Shabalala and may be hand delivered, e-mailed or sent by post, within 30 days of
publication of this notice to the following address:
Department of Environmental Affairs
Attention: Mr Sibusiso Shabalala
315 Corner Lillian Ngoyi and Van der Walt Streets
Fedsure Forum Building, 7th Floor, North Tower
Pretoria
0001
or
Private Bag X447
Pretoria
0001
E-mail address: sshabalala@environment.gov.za or Fax No.: 012 320 7561.
Tel: (012) 310 3449.
Copies of the draft Bills can also be obtained from Mr Sibusiso Shabalala, or downloaded at www.environment.gov.za. Comments
received after the comment period will not be considered.
(Signed)
BOMO EDITH EDNA MOLEWA
MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS
REFERENCE
See Environmental report
Environmental report
LINKS
16
August
2013
National Environmental Management Laws Amendment Bill, 2013; National Environmental
Management: Air Quality Amendment Bill, 2003; National Environmental Management:
Protected Areas Amendment Bill, 2013; and National Environmental Management: Waste
Amendment Bill, 2003: Request for public comments
16
August
2013
National Environmental Management: Protected Areas Amendment Bill
16
August
2013
National Environmental Management: Air Quality Amendment Bill
16
August
2013
National Environmental Management Laws Amendment Bill, 2013