Contents: Obligations of Parliament and its separate bodies

B. Oversight

1. STATUTES MANDATING ACTIVE OVERSIGHT

Defence Act 42 of 2002
Section 18 Employment of Defence Force
The Act provides that when the Defence Force is employed for certain purposes detailed in the Act, the President or Minister, as the case may be, must inform Parliament promptly and in appropriate detail of, inter alia, the reasons for such employment and the place where the Defence Force is being employed.
The Act provides that Parliament may by resolution within seven days after receiving such information from the President or the Minister confirm any such authorisation of employment or order the amendment, substitution or termination of such authorisation.
Demobilisation Act 99 of 1996

Section 4 Parliamentary Oversight

The Joint Standing Committee on Defence shall establish a multiparty subcommittee to oversee the administration and implementation of the demobilisation programme.

Intelligence Services Oversight Act 40 of 1994
The Act establishes the Joint Standing Committee on Intelligence, which must, subject to the Constitution, perform the oversight functions set out in section 3 of the Act.
Promotion of Access to Information Act 2 of 2000
Section 87 Extended periods for dealing with requests during first two years
(3) Parliament must, after a period of 12 months, but within a period of 18 months, after the commencement of this section, review the operation of this section.

2. OVERSIGHT OF DELEGATED LEGISLATION

2.1 Delegated legislation over which Parliament has a say:

2.1.1 Delegated legislation that Parliament must approve for it to enter into force.

Attorneys Act 53 of 1979
Section 81 Regulations
The Act provides that the Minister may after consultation with the Chief Justice of South Africa and after consultation with the presidents of the various societies make regulations.
Regulations made under subsection (1) (g) may provide for exemption from the prohibitions contained in the section. No exemption granted permanently shall be cancelled or withdrawn unless such cancellation or withdrawal has been approved by resolution of Parliament.
Child Justice Act 75 of 2008
Section 97 Regulations, directives, national instructions and register
The Cabinet member responsible for the administration of justice, after consultation, where appropriate, with the Cabinet members responsible for social development, safety and security, education, correctional services and health, may make regulations regarding any matter which is required or permitted by this Act to be prescribed by regulation or any other matter which is necessary or expedient to be prescribed in order to achieve the objects of this Act. The regulations must be tabled in Parliament for approval.
Section 97 (10): If Parliament is required in terms of any provision of this Act to approve any regulations, directives or national instructions, Parliament must do so within six months of those being tabled in Parliament, failing which they will be deemed to have been approved by Parliament.
Section 98 Transitional arrangements
The initial regulations must be tabled in Parliament for approval by no later than 1 December 2009, and must be approved before the commencement of the Act.
Section 99 Repeal or amendment of laws
The Cabinet member responsible for the administration of justice may amend the amounts determined in Schedules 1, 2 and 3 of this Act by notice in the Gazette. Any amount amended must, before publication in the Gazette, be submitted to and approved by Parliament.
Commonwealth Relations (Temporary Provision) Act 41 of 1961
Section 2 Proclamations to be tabled in Parliament
This section provides that the Minister charged with the administration of any law in respect of which any proclamation is issued under section one, shall lay copies of such proclamation on the Table in the National Council of Provinces and the National Assembly within fourteen days after the publication thereof if Parliament is in session, or, if Parliament is not in session, within fourteen days after the commencement of its next ensuing session. Every such proclamation shall have the force of law for thirty days only unless approved by resolution by both Houses of Parliament.
Community Schemes Ombud Service Act 9 of 2011
Section 29 Regulations
The Minister must, after consultation with the Board, make regulations. Any regulations made must, before publication in the Gazette, be approved by Parliament.
Counterfeit Goods Act 37 of 1997
Section 2 of this Act makes it an offence knowingly to deal with counterfeit goods in any way specified in the section.
Section 19 Penalties
This section provides in subsection (1) for fines to be imposed on persons who are guilty of knowingly engaging in certain activities in respect of counterfeit goods. Subsection (4) provides that the Minister may from time to time by notice in the Gazette increase the amounts of such fines. 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.
Correctional Matterrs Amendment Act 5 of 2011
Section 14 Regulations
The section requires the Minister to make wiithin six months after the promulgation of the Act regulations regarding the processes and procedures to follow in the consideration and administration of medical parole.
The above regulations must be submitted to Parliament for appoval -

i) least one month before promulgation, if Parliament is session; or

ii) If Parliament is not in session, within one month after the next ensuing session starts.
Criminal Procedure Amendment Act 76 of 1997
Section 7 Transitional arrangements
The Act provides that the Rules Board for Courts of Law must revise and, when necessary, amend all rules in respect of appeals applicable to the Supreme Court of Appeal, the High Courts and the magistrates' courts in accordance with the provisions of this Act. Any draft rules must, within three months after the date of the commencement of this Act, be submitted to Parliament. Any amended rules must be approved by Parliament and thereafter be published in the Gazette.
Cross-border Insolvency Act 42 of 2000
Section 2 Scope of application
The section empowers the Minister by notice in the Gazette to designate any State as one to which the Act applies. Such designation may be withdrawn by notice in the Gazette. Any such notice must, before publication in the Gazette, be approved by Parliament.
Currency and Exchanges Act 9 of 1933
Section 9 Regulations regarding currency, banking or the exchanges
This section empowers the State President to make regulations that suspend any law relating to currency, banking or exchanges. The Minister of Finance shall table a copy of every regulation made under this section in both Houses of Parliament within fourteen days after the first publication thereof in the Gazette, if Parliament is in ordinary session during the whole of that period, and if Parliament is not in ordinary session during the whole of that period, then within fourteen days after the beginning of the next ordinary session of Parliament. If the regulation is calculated to raise any revenue, a statement of the estimated revenue for twelve months shall accompany the regulation tabled. Every such regulation calculated to raise any revenue shall have the force of law for a period of thirty days after being tabled, unless before that date it has been approved by resolution of both Houses of Parliament.
Disaster Management Act 57 of 2002
Section 59 Regulations
The section provides that the Minister may make regulations not inconsistent with this Act. Regulations must be referred to the National Council of Provinces for purposes of section 146(6) of the Constitution which provides that subordinate legislation may only prevail over other legislation in terms of this section if approved by the National Council of Provinces.
Financial Intelligence Centre Act 38 of 2001
Section 3 Amendment of list of accountable institutions
The Act provides that the Minister may, by notice in the Gazette, amend the list of accountable institutions in Schedule 1.
(3) Any addition to or deletion from the list of accountable institutions in Schedule 1 in terms of subsection (1) (a) or (b) must, before publication in the Gazette, be approved by Parliament.
Section 73 Amendment of list of accountable institutions
The Act provides that the Minister may, by notice in the Gazette, amend the list of accountable institutions in Schedule 1.
Any such addition to or deletion from the list of accountable institutions in Schedule 1 must, before publication in the Gazette, be approved by Parliament.

Section 75 Amendment of list of supervisory bodies

The Act provides that the Minister may, by notice in the Gazette, amend the list of supervisory bodies in Schedule 2.

(3) Any addition to or deletion from the list of supervisory bodies in Schedule 2 in terms of subsection (1) (a) or (b) must, before publication in the Gazette, be approved by Parliament.

Section 76 Amendment of list of reporting institutions

The Act provides that the Minister may, by notice in the Gazette, amend the list of reporting institutions in Schedule 3.

(3) Any addition to or deletion from the list of reporting institutions in Schedule 3 in terms of subsection (1) (a) or (b) must, before publication in the Gazette, be approved by Parliament.
Firearms Control Act 60 of 2000
Section 139 Amnesty
The Act provides that the Minister may, by notice in the Gazette, declare an amnesty. Such notice will be valid only if it is approved by Parliament.

Section 150 Deactivation of firearms

The Act provides that the Minister may, by notice in the Gazette, determine that a certificate of deactivation which is valid in a country other than the Republic is a valid certificate of deactivation in the Republic. Such notice must be approved by Parliament before publication thereof.

Interim Rationalisation of Jurisdiction of High Courts Act 41 of 2001
Section 2 Minister may alter area of jurisdiction of any High Court
This section empowers the Minister to alter the territorial jurisdiction of a particular High Court by notice in the Gazette, and to amend or withdraw any such notice. Any such notice must be approved by Parliament before publication thereof in the Gazette.
Judicial Service Commission Amendment Act 20 of 2008
Section 13 Disclosure of registrable interests
The Minister must table the first regulations under this section in Parliament, for approval, within four months of the commencement of the Act.
National Environmental Management: Air Quality Act 39 of 2004
Section 6. Conflicts with other legislation
To ensure the resolution of any conflict between it and provincial legislation, the Minister must submit all subordinate legislation issued in terms of this Act which affects provinces to the National Council of Provinces for approval. This is in terms of section 146(6) of the Constitution

National Environmental Management: Biodiversity Act 10 of 2004
Section 8 Conflicts with Other Legislation
To ensure the resolution of any conflict between it and provincial legislation, this section requires that the minister must submit all subordinate legislation issued in terms of this Act which affects provinces to the National Council of Provinces for approval. This is in terms of section 146(6) of the Constitution
National Environmental Management Protected Areas Act 57 of 2003
Section 7 Conflicts with other legislation
To ensure the resolution of any conflict between it and provincial legislation, this section requires that the Minister must submit all subordinate legislation issued in terms of this Act which affects provinces to the National Council of Provinces for approval. This is in terms of section 146(6) of the Constitution
Promotion of Access to Information Act 2 of 2000
Section 79 Procedure
This section requires the Rules Board for Courts of Law, established by section 2 of the Rules Board for Courts of Law Act 107 of 1985 to make and implement rules of procedure for a court in respect of sections of this Act within 12 months after the commencement of this section. [note: the period ended in March 2002 without rules being made. An amendment to this section is pending.]
(3) Any rule made in terms of subsection (1) must, before publication in the Gazette, be approved by Parliament.
Promotion of Administrative Justice Act 3 of 2000
Section 2 Application of Act
The section provides that the Minister may, by notice in the Gazette, exempt an administrative action or a group or class of administrative actions from the application of any of the provisions of section 3, 4 or 5 of the Act or permit an administrator to vary any of the requirements referred to in section 3 (2), 4 (1) (a) to (e), (2) and (3) or 5 (2), in a manner specified in the notice. Any exemption or permission granted in terms of subsection (1) must, before publication in the Gazette, be approved by Parliament.

Section 10 Regulations

The section provides in subsection (1) that the Minister must make regulations relating to various procedures and a code of good administrative conduct.

The section provides in subsection (2) that the Minister may make regulations relating to, inter alia, the establishment, duties and powers of an advisory council to monitor the application of this Act and to advise the Minister.
Regulations made under subsections (1) (a), (b), (c) and (d) and (2) (c), (d) and (e) must, before publication in the Gazette, be submitted to Parliament. Regulations made under subsection (1) (e) and (2) (a) and (b) must, before publication in the Gazette, be approved by Parliament.
Promotion of National Unity and Reconciliation Act 34 of 1995
Section 35 Limited witness protection programme
The Minister may make regulations providing for a witness protection programme in terms of this section. Until such time as the witness protection programme has been established the President may prescribe interim measures to be followed in order to provide for the protection and the safety of a witness. Any regulations and interim measures made in terms of this section must be tabled in Parliament for approval.
Protected Disclosures Act 26 of 2000
Section 10 Regulations
The Act provides that the Minister must, after consultation with the Minister for the Public Service and Administration, issue practical guidelines which explain the provisions of this Act and all procedures which are available in terms of any law to employees who wish to report or otherwise remedy an impropriety. These guidelines must be approved by Parliament before publication in the Gazette.
Social Assistance Act 59 of 1992
Section 19 Regulations
(3) If a regulation would have the effect that the total amount of grants to which a person at any time has been entitled in terms of this Act is reduced, without his or her income or assets having increased, such regulation shall not be made without the approval, by resolution, of Parliament.
Treaties of Peace Act 20 of 1948
Section 2 Legislation to give effect to peace treaties
The Act provides that the Governor-General may by proclamation make such regulations as appear to him to be necessary or expedient for carrying out a treaty mentioned in the Act, and for giving effect to its provisions. Any such proclamation must be tabled in both Houses of Parliament.
The Act provides that if both Houses of Parliament have by resolutions passed in the same session approved of any such proclamation, such proclamation shall thereafter be of force and effect to the extent to which it has been so approved, but without prejudice to anything that has been done in terms of such proclamation.
Section 3 Extension of Act to cover other treaties with former enemy powers
The Act provides that whenever a treaty of peace is concluded between the Government of the Union and any power not mentioned in section one…the Governor-General may, after such treaty has been ratified with the prior concurrence of Parliament, provide by proclamation that, save as provided in subsection (2), such treaty shall for the purposes of this Act thereafter be deemed to be included in the definition of the expression 'the Treaties' in section one contained.

2.1.2. Delegated legislation which Parliament may disapprove thus invalidating it.

Abolition of Racially Based Land Measures Act 108 of 1991
Section 88 Tabling of list of proclamations
A list of proclamations issued by the State President under sections 12 and 87 [note: provisions of section 87 lapsed on 31 December 1994] shall be laid upon the Table of Parliament in the same manner as the list referred to in section 17 of the Interpretation Act 33 of 1957, and if Parliament by resolution disapproves of any such proclamation or any provision thereof, such proclamation or provision shall cease to be of force and effect, but without prejudice to the validity of anything done in terms of such proclamation or such provision before it so ceased to be of force and effect, or to any right or liability acquired or incurred in terms of such proclamation or such provision before it so ceased to be of force and effect.
Application of Resolutions of the Security Council of the United Nations Act 172 of 1993
Section 1 provides that the State President may by proclamation in the Gazette declare that any resolution taken by the Security Council of the United Nations shall apply and be implemented in the Republic.

Section 2 Tabling of proclamations

A proclamation issued under section 1 shall be laid upon the Table in Parliament in the same manner as the list referred to in section 17 of the Interpretation Act 33 of 1957. If Parliament by resolution disapproves any such proclamation or any provision thereof, it shall cease to be of force and effect prospectively only.

Banks Act 94 of 1990
Section 1 Definitions
Subsection (2) provides that the Minister may by regulation amend the definition of 'deposit' or 'the business of a bank' for the purposes of this Act. Every regulation so made shall be of force and effect unless and until, during the session in which the relevant list has been laid upon the Tables in Parliament in accordance with the provisions of section 17 of the Interpretation Act 33 of 1957, every House of Parliament has by resolution disapproved of the regulation. In that case the regulation shall lapse as from a date to be specified in the resolution, but only with prospective effect.

Basic Conditions of Employment Act 75 of 1997
Section 95 Transitional arrangements and amendment and repeal of laws
The Act provides in subsection 3 that any addition or change to Schedule Three made by the Minister must be tabled in the National Assembly and takes effect if the National Assembly does not pass a resolution that the addition or change is not binding within 14 days of the date of the tabling, and on publication in the Gazette.
Black Administration Act 38 of 1927
Section 26 List of proclamations to be laid before Parliament
A list of proclamations issued by the State President under the authority of this Act shall be laid upon the Tables of both Houses of Parliament in the same manner as the list referred to in section 17 of the Interpretation Act 33 of 1957, and every such proclamation shall be in operation unless and until both Houses of Parliament have, by resolutions passed in the same session, requested the State President to repeal such proclamation or to modify its operation, in which case such proclamation shall forthwith be repealed or modified, as the case may be, by a further proclamation in the Gazette.
Community Development Act 3 of 1966
Section 49 Regulations
The section empowers the Minister to make regulations, which must be laid on the Table of the National Assembly within fourteen days after promulgation thereof if the National Assembly is then in ordinary session, or, if the National Assembly is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session, and shall remain on the said Table for at least twenty-eight consecutive days, and if the National Assembly is prorogued before the necessary twenty-eight days have elapsed, such regulations shall again be laid on the said Table as aforesaid within fourteen days after the commencement of its next ensuing ordinary session.
The National Assembly may by resolution passed in the same session (being a session during which such regulations have been laid on the Table of the National Assembly) disapprove of regulations or any provision thereof. Such regulations or such provision thereof shall then prospectively cease to be of force and effect to the extent to which they are disapproved.
Development Facilitation Act 67 of 1995
Section 3 General principles for land development
The Act provides that the Minister may by notice in the Gazette prescribe principles for land development.
(4) (b) A list of principles prescribed under subsection (2) shall be laid upon the Table of Parliament in the same manner as the list referred to in section 17 of the Interpretation Act, 1957 (Act 33 of 1957), and if Parliament by resolution disapproves of any such principles or any provision thereof, such principles or provision shall cease to be of force and effect, but without prejudice to the validity of anything done in terms of such principles or such provision before it so ceased to be of force and effect, or to any right or liability acquired or incurred in terms of such principles or such provision before it so ceased to be of force and effect.

Section 46 Regulations

The Act provides that the Minister may, subject to the provisions of subsection (3), make regulations.

(3) (b) A list of regulations made under subsection (1) shall be laid upon the Table of Parliament in the same manner as the list referred to in section 17 of the Interpretation Act, 1957 (Act 33 of 1957), and if Parliament by resolution disapproves of any such regulations or any provision thereof, such regulations or provision shall cease to be of force and effect, but without prejudice to the validity of anything done in terms of such regulations or such provision before it so ceased to be of force and effect, or to any right or liability acquired or incurred in terms of such regulations or such provision before it so ceased to be of force and effect.
Firearms Control Act 60 of 2000
The Act provides that the Minister may, by notice in the Gazette, declare firearms of a specified type to be a prohibited firearms (s 4); stipulate that specified devices are not to be regarded as firearms (s 5); declare certain firearms to be ‘restricted firearms’ (s 14); prohibit or restrict the use of specified ammunition (s 92; and prohibit or control use of specified firearm parts (s 94).
In each case, the notice remains of effect until withdrawn by the Minister or by resolution of Parliament.
Hague Convention on the Civil Aspects of International Child Abduction Act 72 of 1996
Section 5 Regulations
The Act provides that the Minister may make regulations.
(4) Any regulation referred to in subsection (3) or any provision thereof may, by resolution passed by both Houses of Parliament during the session in which such regulation has been laid upon the Table, be rejected, and if the said regulation or provision is so rejected the provisions of section 12 (2) of the Interpretation Act, 1957 (Act 33 of 1957), shall apply as if such resolution were a law repealing the regulation or provision in question.
Housing Act 107 of 1997
Section 2 General principles applicable to housing development
The Act provides that the Minister may, by notice in the Gazette, prescribe principles for housing development.
A list of such notices must, within 14 days after the publication of any such notice in the Gazette, be submitted to Parliament for approval.
If Parliament disapproves of any principle in such notice or any provision of such principle, such principle or provision ceases to have effect, but without prejudice to the validity of anything done in terms of such principle or provision before it so ceased to have effect, and any right or liability acquired or incurred in terms of such principle or provision before it so ceased to have effect.
International Convention for Safe Containers Act 11 of 1985
Section 3 Regulations
The Act provides that the Minister may make regulations.
(4) Any regulation referred to in subsection (3) or any provision thereof may, by resolution passed by the respective Houses of Parliament during the session in which such regulation has been laid upon the Table, be disapproved of, and if the said regulation or provision is so disapproved of by all three Houses of Parliament, the provisions of section 12 (2) of the Interpretation Act, 1957 (Act 33 of 1957), shall apply as if such resolution were a law repealing the regulation or provision in question.
International Health Regulations Act 28 of 1974
Section 3 Promulgation of notices and regulations by Minister of National Health and Population Development
The Act provides that the Minister of National Health and Population Development may make notices and regulations.
(5) Any notice or regulation referred to in subsection (4) or any provision thereof may by resolution passed by both Houses of Parliament during the session in which such notice or regulation has been laid upon the Tables, be disapproved of and thereupon the ordinary rules relating to repeal of legislation as provided for in section 12 (2) of the Interpretation Act 33 of 1957 shall apply.
Joint Administration of Own Affairs Act 147 of 1992
Section 3 Regulation of matters
The State President may by proclamation in the Gazette take measures to regulate or facilitate the joint administration of affairs within one department as contemplated in section 2 of this Act. For this purpose he or she may amend any law, including any Act of Parliament. A proclamation made under this section shall be tabled in Parliament within 14 days after promulgation thereof, if Parliament is in session or, if Parliament is not in session, within 14 days after the commencement of its next session. If Parliament by resolution disapproves of such a proclamation or of any provision of such a proclamation it shall lapse to the extent to which it is so disapproved, with prospective effect only.
Marketing of Agricultural Products Act 47 of 1996
Section 1 Definitions
(2)(a) The Minister may by notice in the Gazette declare any product to be an agricultural product for the purposes of this Act, and may amend or repeal any such notice. Every such notice shall be laid upon the table in Parliament and Parliament may thereupon confirm, amend or reject it with prospective effect only.
National Forests Act 84 of 1998
Section 54 Procedure for making regulations
The Minister must table regulations in Parliament, together with any written comments and advice received on them, within 30 days after publishing them, if Parliament is not then in session, within 30 days after the next session starts.
Parliament may reject the regulations within 60 days after they have been tabled, in which case the Minister must repeal the regulations or table amended regulations in draft form after following the procedure set out in this section. If Parliament accepts the amended regulations, the Minister must publish them within 30 days of Parliament's acceptance. If Parliament rejects the amended regulations, the Minister may again repeal them or make further amendments in accordance with the section. If the Minister complies with the procedure set out in this section for amending regulations, the regulations as originally published continue to apply until amended regulations are accepted by Parliament and published by the Minister.
National Veld and Forest Fire Act 101 of 1998
Section 21 Procedure for making regulations
The Minister must table regulations in Parliament, together with any written comments and advice received on them, within 30 days after publishing them, if Parliament is not then in session, within 30 days after the next session starts.
Parliament may reject the regulations within 60 days after they have been tabled, in which case the Minister must repeal the regulations or table amended regulations in draft form after following the procedure set out in this section. If Parliament accepts the amended regulations, the Minister must publish them within 30 days of Parliament's acceptance. If Parliament rejects the amended regulations, the Minister may again repeal them or make further amendments in accordance with the section. If the Minister complies with the procedure set out in this section for amending regulations, the regulations as originally published continue to apply until amended regulations are accepted by Parliament and published by the Minister.
National Water Act 36 of 1998
Section 70 Consideration of regulations
The Minister must, within 30 days after making any regulations under this Act, table the regulations in the National Assembly and the National Council of Provinces for consideration. Committees must consider the regulations and report to their respective Houses in accordance with subsection (2). The National Council of Provinces may reject regulations so tabled within 14 days, and in that case the rejection must be referred to the National Assembly for consideration. The National Assembly may, not later than the twentieth sitting day of the National Assembly after the date on which the regulations were tabled, and after considering any rejection of a regulation by the National Council of Provinces, reject those regulations. If the National Assembly or the National Council of Provinces rejects any regulations, it must state its reasons.

Section 71 Rejected regulations

(1) The Minister must, within 30 days after being informed in writing that the National Assembly has rejected any regulations, repeal or amend those regulations so as to address the matters raised by the National Assembly. Any regulations rejected by the National Assembly remain in force until repealed or amended.

Public Service Act 1994 (Proclamation 103 published in Government Gazette 15791 of 3 June 1994)
Section 41 Regulations
(3) (a) A regulation made under this Act shall be in force unless and until Parliament, by resolution, disapproves of the regulation, in which event the regulation shall lapse with effect from a date to be specified in the resolution.
Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002
The Act provides that the Minister must, within three months after the fixed date and in consultation with the Cabinet member responsible for policing, issue directives.
The Act provides that the Minister may, upon application and in consultation with the relevant Ministers, exempt any Internet service provider, telecommunication service provider or law enforcement agency from complying with certain sections or from certain prohibited acts.
The Act provides that such an exemption must be granted by issuing a certificate of exemption. The certificate of exemption must, before publication, be tabled in the National Assembly for approval. The National Assembly may reject such a certificate.
If the National Assembly does not do so, such certificate will be deemed to have been approved by the National Assembly, and the Minister must publish that certificate in within one month thereafter.
Temporary Removal of Restrictions on Economic Activities Act 87 of 1986
Section 1 Power of State President to suspend laws or conditions, limitations or obligations thereunder or to grant exemption from the provisions thereof
The Act provides that the State President may suspend laws, conditions, limitations or obligations in whole or in part.

Section 3 Tabling of proclamations

The Act provides that a copy of any proclamation in terms of section 1 shall, as the case may be, be Tabled in Parliament or in the House in question.

A proclamation or any provision thereof may be annulled by Parliament or by the House in question, as the case may be, by resolution passed during the same session during which it was tabled. An annulled proclamation or provision ceases to be of force and effect from the date on which it was annulled.

The validity of anything done in terms of that proclamation or any provision thereof before the date upon which it so ceased to be of force and effect, and any right, privilege, obligation or liability acquired, accrued or incurred at the said date in terms of such a proclamation or provision thereof is preserved.

Trade Marks Act 194 of 1993
Section 69 Fees, regulations, forms and classification of goods
(3) If Parliament resolves within 30 days after any such tariff or regulation has been laid on the Table thereof in accordance with law, that any item of the tariff or that the regulation be disallowed, such item or regulation shall thereupon become of no effect, without prejudice to the validity of anything done in the meanwhile thereunder or to the power to make a new tariff or regulation.

2.1.3 Delegated legislation that requires consultation with Parliament

Abolition of Lebowa Mineral Trust Act 67 of 2000
Section 5 Regulations
The Act provides that the Minister may, after consultation with the relevant Portfolio Committee of Parliament, make regulations regarding the nature of proof required in terms of section 3 (1) (c).
Criminal Procedure Act 51 of 1977
299A Right of complainant to make representations in certain matters with regard to placement on parole, on day parole, or under correctional supervision
The Commissioner of Correctional Services must issue directives regarding the manner and circumstances in which a complainant or relative of a deceased victim of a crime referred to in section (1) may exercise the right contemplated in that subsection. Such directives must be submitted to Parliament, and the first directives so issued must be submitted to Parliament within three months of the commencement of this section.
Housing Development Agency Act 23 of 2008
Section 32 Regulations
The Minister must, after consultation with the Agency and Parliament make regulations.

National Road Traffic Amendment Act 64 of 2008
Amendment of section 75 of Act 93 of 1996, as amended by section 13 of Act 8 of 1998 and section 31 of Act 21 of 1999 20.
The Act provides that before the Minister makes any regulation, a draft of the proposed regulation should be referred to Parliament for comment.
Nonprofit Organisations Act 71 of 1997
Section 11 Benefits of registration
The Minister may prescribe benefits or allowances applicable to registered nonprofit organisations, after consultation with the committees of the two Houses of Parliament responsible for welfare and with the concurrence of every Minister whose department is affected by a particular benefit or allowance.
Public Funding of Represented Political Parties Act 103 of 1997
Section 10 Regulations
(1) The President, acting on the recommendation of a joint committee of the National Assembly and the National Council of Provinces, may by proclamation in the Gazette make regulations consistent with this Act.

Sectional Titles Schemes Management Act 8 of 2011
Section 19 Regulations
The Minister may after consultation with Parliament make regulations regarding any matter required or permitted to be prescribed by regulation under this Act and generally, any matter that is necessary or expedient to prescribe for the proper implementation of this Act.
Social Housing Act 16 of 2008
Section 19 Regulations
The Minister, by notice in the Gazette and after consultation with Parliament, may make regulations.
Tax Administration Act 28 of 2011
Section 257 Regulations
The Minister may make regulations referred to in paragraph (e) of sectioon of section 1 regarding the definition of “biometric informaton” , which he must publich the draft regulation in the Gazatte for public comment and submit the draft regulations to Parliament for parliamentary scrutiniy at least 30 days before the draft regulations are published.


Tourism Act 72 of 1993
Section 26 Regulations
The Act provides that the Minister may after consultation with the South African Tourism Board make regulations in respect of any matter which may be dealt with by the Minister in terms of this Act, and in respect of anything which in his opinion may be conducive to the effective application of the provisions of this Act.
The Act provides that the Minister shall, within 30 days after making any regulations under this Act, table the regulations in the National Assembly and the National Council of Provinces or, if Parliament is then not in session, within 30 days after the beginning of the ensuing session of Parliament.
The National Assembly and the National Council of Provinces may, within 30 days of the tabling of the regulations, submit their comments to the Minister.