Contents: Obligations of Parliament and its separate bodies

Council for the Built Environment Act 43 of 2000

'councils for the professions' means the-

(a) South African Council for the Architectural Profession, established by the Architectural Profession Act, 2000;
(b) South African Council for the Project and Construction Management Professions, established by the Project and Construction Management Professions Act, 2000;
(c) Engineering Council of South Africa, established by the Engineering Profession Act, 2000;
(d) South African Council for the Landscape Architectural Profession, established by the Landscape Architectural Profession Act, 2000;
(e) South African Council for the Property Valuers Profession, established by the Property Valuers Profession Act, 2000; and
(f) South African Council for the Quantity Surveying Profession, established by the Quantity Surveying Profession Act, 2000;
2 Establishment of Council for the Built Environment
The Minister must, by notice in the Gazette and with effect from a date specified in such notice, establish a juristic person to be known as the Council for the Built Environment.
4 Functions, powers and duties of council
The council may- …
(v) receive and assimilate the annual reports of the councils for the professions and submit a summary to the Minister;
19 Reporting
(4) The Minister must table the annual report referred to in this section and a summary of the reports referred to in section 4 (v) in Parliament within 14 days after the receipt thereof if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 14 days after the commencement of its following ordinary session.

Counterfeit Goods Act 37 of 1997

2 Dealing in counterfeit goods prohibited and an offence

(1) Goods that are counterfeit goods, may not-
(a) be in the possession or under the control of any person in the course of business for the purpose of dealing in those goods;
(b) be manufactured, produced or made except for the private and domestic use of the person by whom the goods were manufactured, produced or made;
(c) be sold, hired out, bartered or exchanged, or be offered or exposed for sale hiring out, barter or exchange;
(d) be exhibited in public for purposes of trade;
(e) be distributed-
(i) for purposes of trade; or
(ii) for any other purpose to such an extent that the owner of an intellectual property right in respect of any particular protected goods suffers prejudice;
(f) be imported into or through or exported from or through the Republic except if so imported or exported for the private and domestic use of the importer or exporter, respectively;
(g) in any other manner be disposed of in the course of trade.
(2) A person who performs or engages in any act or conduct prohibited by subsection (1), will be guilty of an offence if-
(a) at the time of the act or conduct, the person knew or had reason to suspect that the goods to which the act or conduct relates, were counterfeit goods; or
(b) the person failed to take all reasonable steps in order to avoid any act or conduct of the nature contemplated in subsection (1) from being performed or engaged in with reference to the counterfeit goods.
19 Penalties
(1) Any person convicted of an offence referred to in section 2 (2), will be punishable-
(a) in the case of a first conviction, with a fine, in respect of each article or item involved in the particular act of dealing in counterfeit goods to which the offence relates, that may not exceed R5 000,00 per article or item, or with imprisonment for a period that may not exceed three years, or with both such a fine and such term of imprisonment;
(b) in the case of a second or any subsequent conviction, with a fine, in respect of each such article or item, that may not exceed R10 000,00 per article or item, or with imprisonment for a period that may not exceed five years, or with both such a fine and such term of imprisonment.
(4)(a) The Minister may from time to time by notice in the Gazette increase the amounts of the fines mentioned in paragraphs (a) and (b) of subsection (1).
(b) That notice must be laid on the table in the National Assembly, for its consideration and approval, within 14 days after the date on which it is published in the Gazette, if the National Assembly is then in session, or, if it is not then in session, within 14 days of the commencement of its next session.

Criminal Law Amendment Act 105 of 1997

1 Substitution of sentence of death

(1) The Minister of Justice shall, as soon as practicable after the commencement of this Act, refer the case of every person who has been sentenced to death and has in respect of that sentence exhausted all the recognised legal procedures pertaining to appeal or review, or no longer has such procedures at his or her disposal, to the court in which the sentence of death was imposed.
(2) The court shall consist of the judge who imposed the sentence in question or, if it cannot be so constituted, the Judge President of the court in question shall designate any other judge of that court to deal with the matter in terms of subsection (3).
(3) (a) The court shall be furnished with written argument on behalf of the person sentenced to death and the prosecuting authority.
(b) The court-
(i) shall consider the written arguments and the evidence led at the trial; and
(ii) may, if necessary, hear oral argument on such written arguments,
and shall advise the President, with full reasons therefor, on the appropriate sentence to be substituted in the place of the sentence of death and, if applicable, on the date to which the sentence shall be antedated.
(4) The President shall set aside the sentence of death and substitute for the sentence of death the punishment advised by the court.
(5) No appeal shall lie in respect of any aspect of the proceedings, finding or advice of the court in terms of subsection (3).
(6) (a) Pending the commencement of the Legal Aid Guide as contemplated in section 3 of the Legal Aid Act, 1969 (Act 18 of 1969), and to the extent that the Legal Aid Guide as it exists at the commencement of this Act does not regulate the position of the granting of legal aid or legal representation in respect of the proceedings referred to in subsections (1) to (5), the Legal Aid Board may issue directives, in consultation with the Minister of Justice, in terms of which legal aid or legal representation may be rendered or made available for purposes of subsections (1) to (5).
(b) (i) The directives contemplated in paragraph (a) shall be published in the Gazette by the Minister of Justice.
(ii) Before the directives are published in the Gazette, they shall be submitted to Parliament and tabled as soon as possible.
53 Saving
(1) Sections 51 and 52 shall, subject to subsections (2) and (3), cease to have effect after the expiry of two years from the commencement of this Act.
(2) The period referred to in subsection (1) may be extended by the President, with the concurrence of Parliament, by proclamation in the Gazette for two years at a time.
Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007
Regulations
39.
(1) The Minister, after consultation with the cabinet members responsible for safety and security and health, may make regulations regarding—

(a) any form required to be prescribed in terms of this Chapter;

(b) any matter necessary or required to be prescribed in terms of this Chapter; and

(c) any other matter the Minister deems to be necessary or expedient to achieve the objects of this Chapter.
(2) Any regulation made in terms of subsection (1) must be—

(a) submitted to Parliament at least 30 days before publication in the Gazette; and

(b) made after consultation with the cabinet members responsible for safety and security and health, except for the matter prescribed in section 35, which must be made in consultation with the cabinet member responsible for safety and security.
Regulations pertaining to Register

53.

(1) The Minister must, after consultation with the cabinet members responsible for safety and security, correctional services, social development and health, if applicable, make regulations relating to—

(a) the manner and format in which the Register is to be established and maintained as contemplated in section 42(1);

(b) any particulars to be included in the Register, in addition to those mentioned in section 49(b)(i) to (vi);

(c) the manner in which the National Commissioner of Correctional Services must forward particulars of prisoners who are serving a sentence of imprisonment as the result of a conviction for a sexual offence against a child or a person who is mentally disabled to the Registrar as contemplated in section 50(5)(a);

(d) the manner and period within which the National Commissioner of Correctional Services must inform each prisoner whose particulars have been forwarded to the Registrar as contemplated in section 50(5)(b);

(e) the manner in which the National Commissioner of the South African Police Service must forward particulars of persons with a previous conviction for a sexual offence against a child or a person who is mentally disabled to the Registrar as contemplated in section 50(6);

(f) the manner in which the Director-General: Health must forward particulars of persons who are subject to a direction in terms of section 77(6) or 78(6) of the Criminal Procedure Act, 1977, as the result of an act which constituted a sexual offence against a child or a person who is mentally disabled to the Registrar as contemplated in section 50(7)(a);

(g) the manner and period within which the Director-General: Health must inform each person whose particulars have been forwarded to the Registrar as contemplated in section 50(7)(b);

(h) the manner in which persons mentioned in section 44 must apply to the Registrar for a certificate;

(i) the format and content of the certificate contemplated in section 44;

(j) persons who may apply for a certificate in terms of section 44;

(k) any further category of employers to whom this Chapter shall apply;

(l) the period within which a certificate contemplated in section 44 must be provided to any person by the Registrar;

(m) access to the Register;

(n) the safe-keeping and disposal of records; and

(o) any aspect in this Chapter in respect of which regulations may be required or are necessary.
(2) The provisions of this Chapter shall apply with the necessary changes to the category of employers and employees in their employment from the date of publication of the regulations contemplated in subsection (1)(k).
(3) Regulations made in terms of subsection (1) may, in respect of any contravention thereof or failure to comply therewith, prescribe as a penalty a fine or imprisonment for a period not exceeding 12 months.
(4) Any regulation made in terms of this section must be submitted to Parliament at least 30 days before publication thereof in the Gazette.

Responsibilities, functions and duties of Committee
65.
(3) The Minister must, after consultation with the cabinet members responsible for safety and security, correctional services, social development and health and the National Director of Public Prosecutions—

(a) within one year after the implementation of this Act, submit reports to Parliament, by each Department or institution contemplated in section 63(2), on the implementation of this Act; and

(b) every year thereafter submit such reports to Parliament.

National instructions and directives

66.
(4) (a) The national instructions and directives by each Department or institution, contemplated in this section, must be:

(i) Submitted to Parliament within six months after the commencement of this section, before publication in the Gazette; and

(ii) published in the Gazette.

(b) Paragraph (a) applies to any new or amended national instructions or directives issued under this section with the changes required by the context.
(5) (a) The training courses contemplated in this section must be tabled in Parliament within six months after the commencement of this Act.

(b) The cabinet members responsible for safety and security, the administration of justice and health must, within a year after the commencement of this Act and every 12 months thereafter, table a report in Parliament relating to the implementation of the training courses.

(c) Any new or amended training courses developed under this section must be tabled in Parliament within 14 days of the finalisation thereof.