Deadlines for the following calls for comment documents have passed

Written submissions can be made to the Commission by way of an affidavit by no later than 30 July 2012.

Enquiries may be directed to: The Chairperson, Arms Procurement Commission at [e-mail] . Telephone numbers to be provided at a later stage.

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Comment: Legal Practice Bill [B20-2012]

At its meeting in Parliament on Wednesday, 06 June 2012, the Justice & Constitutional Development Portfolio Committee received a briefing on the Legal Practice Bill [B20-2012]; where after the Portfolio Committee resolved to call for written submissions from the public, including members of the legal profession and civil society organizations. The Bill seeks to:

·         Promote transformation & improve demographic representivity across the legal profession;

·         Enhance the accessibility and affordability of legal services;

·         Provide for the restructuring, unification and regulation of the legal profession;

·         Ensure accountability of the legal profession; and

·         Establish a Legal Ombud to protect the public interest, amongst other things.


Comments can be emailed to Mr. V. Ramaano at [e-mail] by no later than 27 July 2012.

Enquiries can be directed to Mr. V. Ramaano on tel [phone] or cell 083 709 8427.

Here is the briefing: Legal Practice Bill [B 20–2012]: briefing by Department

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Comment & Public hearings: Co-operatives Amendment Bills

The Portfolio Committee on Trade and Industry will hold public hearings on the Co-operatives Amendment Bill [B17-2012] and the Co-operatives Second Amendment Bill [B18-2012].

Interested individuals and organisations are invited to submit written comments on these bills.

The purpose of Co-operatives Amendment Bill [B17-2012] is:

• to amend the Co-operatives Act, 2005, so as to provide for the substitution and addition of certain definitions;

• to provide for associate membership of co-operatives;

• to provide for categories of primary co-operatives;

• to provide for national apex co-operatives;

• to provide for the annual submission of information to the CIPC;

• to amend the accounting practices by providing for audit and independent review of co-operatives;

• to provide for the payment of fees by co-operative for the amalgamation, divisions conversion or transfer of co-operative;

• to provide for the voluntary winding-up of a co-operative by special resolution;

• to provide for the co-operative to apply for a declaratory order in respect of the liquidation process;

• to provide for the registrar or Tribunal to order the winding-up of a co-operative;

• to substitute the Advisory Board with the Advisory Council;

• to provide for the establishment, functions and powers of the Co-operatives Development Agency;

• to provide for the funding and financial management of the Agency;

• to provide for oversight and executive authority of the Agency;

• to provide for the establishment, composition and functions of the Co-operatives Tribunal;

• to provide for the substitution of the Long title and the Preamble; and to provide for matters connected therewith.

The purpose of Co-operatives Second Amendment Bill [B18-2012] is:

• to amend the Co-operatives Act, 2005, in order to ensure compliance with the principles of intergovernmental relations;

• to provide for intergovernmental relations within the co-operatives sector; and to provide for matters connected therewith.

Public hearings have been scheduled for Tuesday 24 July 2012, Wednesday 25 July 2012, Thursday 26 July 2012 and Friday 27 July 2012.

Comments can be emailed to Mr A Hermans at [e-mail] by no later than Monday, 2 July 2012.

Enquiries can be directed to Mr A Hermans on tel [phone]or cell 083 709 8482

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Comment: Road Accident Fund (Transitional Provisions) Bill

The Portfolio Committee on Transport invites interested people and stakeholders to submit written comments on the Road Accident Fund (Transitional Provisions) Bill [B 22-2012].

Comments can be emailed to Valerie Carelse at [e-mail] by Monday, 30 July 2012. Please indicate your interest in making a verbal presentation to the Committee.

Enquiries can be directed to Valerie Carelse on [phone] or cell 083 709 8445

The Memorandum on the Bill explains:

1  Prior to 1 August 2008, the Road Accident Fund Act, 1996 (the old Act), provided that most categories of road accident victims could claim full compensation from the Road Accident Fund. However, certain categories of claimants had their claims limited by section 18 of the old Act, for example passengers conveyed in a taxi were limited to claiming a maximum of R25 000 from the Fund, where the driver’s negligence was solely responsible for the accident in question.

2  In enacting the Road Accident Fund Amendment Act, 2005, Parliament recognised that these limits, which applied only to certain categories of passengers were inequitable, unfair and discriminatory. Parliament therefore abolished those provisions and replaced them with provisions that have a far more generous limit on claims, and which apply to all claimants. The constitutionality of this new approach was upheld by the Constitutional Court.

3  The 2005 Amendment Act, however, applies only to causes of action arising after its commencement on 1 August 2008. As a result, claimants whose claims were limited (or capped) by section 18 of the old Act and whose causes of action arose prior to 1 August 2008, derived no benefit from the regime created by the Amendment Act. These claimants are still subject to the unfair, inequitable and discriminatory limitations to their claims under section 18 of the old Act.

4  On 17 February 2011, the Constitutional Court concluded in the Mvumvu v The Minister of Transport judgment that the limitations and certain provisions in section 18 of the old Act were unconstitutional and invalid as they constituted unfair discrimination. This finding was correctly not opposed by the Minister of Transport or the RAF.

5  The Constitutional Court agreed with the Minister and the RAF that it would not be appropriate to declare the sections invalid with immediate or retrospective effect. Instead the Constitutional Court held that ‘‘Parliament is best suited to determine the extent of compensation to which the applicants are entitled’’. The Constitutional Court thus suspended the declaration of invalidity for 18 months. The Constitutional Court added that while its judgment only concerned three of the caps created by section 18 of the old Act, there were three other caps created by the same section which had not been before the Constitutional Court. It held that ‘‘it is desirable that Parliament address the plight of those affected by these subsections as well’’.

6  It is therefore clear from the judgement of the Constitutional Court that—

• 
  Parliament must devise a new regime applicable to a discrete category of road accident victims, i.e. those who were involved in accidents prior to 1 August 2008 and whose claims are capped by section 18 of the old Act;
  
• 
  The legislation concerned should propose some middle ground, which increases the compensation available to the victims but does not amount to full compensation; and
  
• 
  The legislation should not have the effect of forcing all road accident victims affected to be subject to the Road Accident Fund Act, 1996 (Act No. 56 of 1996), as it stood after 1 August 2008 (the new Act), as this would retrospectively remove the rights that they had under the old Act.
  

7  Clause 1 defines ‘‘new Act’’ and ‘‘old Act’’. Clause 1 also defines ‘‘third party’’ as a person who has a right to claim in terms of section 17 of the old Act and whose claims have not prescribed or been finally determined when the Act comes into operation. This is necessary both for the purposes of certainty and to avoid the undesirable consequences of re-opening finalised cases. The Constitutional Court has repeatedly held that this is a permissible approach and has indeed adopted this approach in its own remedial orders.

8  Clause 2(1) affords a choice to road accident victims whose cause of action arose prior to the Amendment Act coming into operation. While the default position is that they will become subject to a version of the new Act, they can elect if they prefer to remain subject to the old Act. Thus a victim who wishes to be subject to the new Act will get all the benefits of the new Act, including an entitlement to claim up to R25 000 in general damages, even if not seriously injured. This is in addition to claims for medical expenses, loss of income and support and, if the claimant is seriously injured, uncapped general damages.

9  Clause 2(1)(c) and (d) makes it clear that a victim obtaining the benefits of the new Act cannot claim double compensation from the Fund in respect of a motor vehicle accident. For instance, if they have obtained compensation from the private wrongdoer, this must be disclosed and deducted from the amount claimed from the Fund.

10  Clause 2(1)(g) provides that where a victim chooses to have his or her claim governed by the new Act, he or she is no longer entitled to sue the owner, driver or employer of the driver of the motor vehicle concerned for damages. This is consistent with the scheme of the new Act and was found to be constitutionally permissible by the Constitutional Court.

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Comment: Restructuring of the Electricity Distribution Industry (EDI)

The Portfolio Committee on Energy and the Portfolio Committee on Cooperative Governance and Traditional Affairs invite institutions, organisations and interested individuals to make submissions relating to the possible restructuring of the Electricity Distribution Industry.

Electricity distribution is the final but equally crucial stage in the delivery supply chain of electricity to end-users. Electricity distribution is undertaken by Eskom, 187 municipalities and a few private distributors under distribution license, issued by the National Energy Regulator of SA (NERSA). Municipalities take account for approximately 40 percent of sales revenue and approximately 60 percent of the customer base, with Eskom taking up the remainder. The Electricity Distribution Industry (EDI) is, by its nature, an asset centric business with a replacement asset value, estimated at R260bn (2008 values). While pockets of good performance in the current EDI are recognised, the viability of the industry is under risk, amongst others, due to the under-investment in infrastructure. The current backlog on rehabilitation of the aging infrastructure warrants urgent attention.

Public hearings are scheduled for 25 & 26 July 2012. Interested individuals, organisations and institutions wishing to make written submissions are kindly requested to forward written submissions to the Portfolio Committee by no later than Monday, 23 July 2012. Please indicate your interest in-making an oral presentation.

All correspondence should be addressed to Mr S Njikelana, MP: Portfolio Committee on Energy and emailed to [e-mail]

Enquiries may be directed to Mr A Kotze on 021 403 3662 / 083 709 8470 or [e-mail]

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Comment & Public hearings: Implementation of the United Nation's Convention on the Rights of Persons with Disabilities and its Optional Protocol

In line with Parliament’s vision of providing a national forum for public consideration of issues and seeking to act as a voice of the people, the Portfolio Committee and Select Committee on Women, Children and People with Disabilities, will conduct public hearings on the implementation of the United Nation’s Convention on the Rights of Persons with Disabilities and its Optional Protocol.

The objectives of the public hearings are, in short to:

• identify progress made in implementing the Convention

• identify challenges in implementing the Convention from both civil society and the Executive
• ascertain mechanisms that would aid the implementation of the Convention.

Public hearings will be held in Parliament on Wednesday & Thursday, 25 & 26 July 2012.

Comments can be emailed to Ms Neliswa Nobatana at [e-mail] or [e-mail] by no later than Saturday, 21 July 2012

Enquiries should be addressed to Ms Neliswa Nobatana on tel: [phone] or cell: 083 709 8472, Ms Mahdiyah Solomons on tel: [phone] or cell: 083 709 8527

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Comment: Tobacco Products Control Act Regulations

The Minister of Health intends to make regulations in terms of the Tobacco Products Control Act, as amended.

Interested persons are invited to submit comments on the Proposed Regulations to the Director-General of the Department of Health.

Comments can be emailed to Ms L Mahura at [e-mail] by Friday 29 June 2012

Enquiries can be directed to Ms L Mahura on tel [phone]

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Comment: Labour Relations Amendment Bill [B16-2012]

The Portfolio Committee on Labour invites interested people and stakeholders to submit written comments on the Labour Relations Amendment Bill [B16-2012].

The objectives of the bill are:

• 
  to amend the Labour Relations Act, 1995 so as to facilitate the granting of organizational rights to Trade Unions that are sufficiently representative;
  
• 
  to require the trade unions and employers’ organisation to conduct a ballot prior to calling a strike or lock-out;
  
• 
  to strengthen the status of picketing rules and agreements;
  
• 
  to clarify the powers of the labour court;
  
• 
  to amend the operations, functions and composition of the essential services committee and to provide for minimum service determinations;
  
• 
  to provide for the labour court to order that an administrator be appointed to administer a trade minister or employer’s organisation;
  
• 
  to further regulate the remuneration and condition of appointment of judges of the labour court;
  
• 
  to enable judges of the labour court to serve as a judger on the labour appeal court;
  
• 
  to limit the protection of employees earning above the threshold determined by the minister;
  
• 
  to further regulate enquiries by arbitrators;
  
• 
  to provide greater protection for workers placed by temporary employment services;
  
• 
  to regulate the employment pf fixed0term contracts and part time earning below the threshold determined by the minister;
  
• 
  to further specify the liability for employer’s obligations; and to substitute certain definitions and to provide for matters connected therewith.
  

Comments can be emailed to Mr Luvo Nxelelwa at [e-mail] by no later than 30 June 2012.

Enquiries can be directed to Mr Luvo Nxelelwa on tel [phone] or cell 083 709 8488

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Comment: Basic Conditions of Employment Amendment Bill [B15-2012]

The Portfolio Committee on Labour invites interested people and stakeholders to submit written comments on the Basic Conditions of Employment Amendment Bill [B15-2012].

The objectives of the bill are:

• 
  to amend the Basic Conditions of Employment Act, 1997, so as to substitute certain definitions;
  
• 
  to prohibit employers from requiring employees to make payments to secure employment and from requiring employees to purchase goods, services or products;
  
• 
  to prohibit anyone from requiring or permitting a child under the age of 15 years to work;
  
• 
  to make it an offence for anyone to require or permit a child to perform any work or provide any services that place at risk a child’s well being;
  
• 
  to provide for the Minister to publish a sectoral determination for employees and employers who are not covered by any other sectoral determination;
  
• 
  to provide for the Director General to apply to the labour court for an employer to comply with a written undertaking by an employer;
  
• 
  to provide for a compliance order;
  
• 
  to delete certain obsolete provisions;
  
• 
  to provide the labour court with exclusive jurisdiction in respect of certain matters;
  
• 
  to provide for certain offences and penalties;
  
• 
  to increase the penalties for certain offences; and for matters connected therewith.
  

Comments can be emailed to Mr Luvo Nxelelwa at [e-mail] by no later than 30 June 2012.



Enquiries can be directed to Mr Luvo Nxelelwa on tel [phone] or cell 083 709 8488

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Request for nominations: Appointment of a member to the SABC Board

Institutions and/or individuals are hereby invited to nominate a person to fill a vacancy of non-executive member to the Board of the South African Broadcasting Corporation Limited, of which arise from the resignation of a member of the board, for the remainder of the term of office of the current Board (until 9 January 2015), as stipulated in Section 13 clause 8 of the Broadcasting Act, No 4 of 1999.

Requirements: Members of the Board, when viewed collectively, must be persons who:

• 
  are suited to serve on the board by virtue of their qualifications, expertise and experience in the fields of broadcasting policy and technology, broadcasting regulation, media law, business practice and finance, marketing, journalism, entertainment and education, as well as social and labour issues
  
• 
  are committed to fairness, freedom of expression, the right of the public to be informed, as well as openness and accountability on the part of those holding public office
  
• 
  are representative of a broad cross-section of the population of the Republic
  
• 
  are committed to the objectives and principles as enunciated in the Charter of the SABC
  
• 
  nominees must also be South African citizens permanently resident in the Republic
  

Written nominations must contain: The full name, contact number and address of the institution and/or individual making the nomination, the nominee's signed acceptance of the nomination and his her Curriculum Vitae, providing at least the following information:

• 
  Full name, ID number and gender
  
• 
  contact address, telephone and fax numbers, e-mail address
  
• 
  previous experience (quoting dates and organisations concerned)
  
• 
  academic qualifications
  

Nominations must be emailed to Mr Thembinkosi Ngoma at [e-mail] or Ms Shamiela Peer at [e-mail] by no later than Friday, 22 June 2012 at 16:00



Enquiries can be made to Mr Thembinkosi Ngoma or Ms Shamiela Peer on tel [phone] or cell 083 709 8407 / 083 709 8463

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Comment: South African Citizenship Draft Regulations

The Department of Home Affairs invites public comments on the Draft Regulations on South African Citizenship

Comments can be emailed to Tsietsi Sebelemetja at [e-mail] or Moses Malakate at [e-mail] by no later than Thursday, 31 May 2012.

Enquiries should be directed to Adv Tsietsi Sebelemetja at 082 907 1831 or Mr Thomas Sigama at 082 809 7732.

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Comment: National Liquor Regulations Amendments

Dr Rob Davies, the Minister of Trade and Industry has made amendments to the National Liquor Regulations, 2004 as outlined here: Draft Amendments to the National Liquor Regulations.

Comments can be emailed to Tshililo Mabirimisa at [e-mail] or Lonwabo Sopela at [e-mail] by no later than Friday, 01 June 2012.

Enquiries may be directed to Tshililo Mabirimisa and Lonwabo Sopela on tel: [phone] / 5459

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Annual Call for Review: Constitution of the Republic of South Africa

In terms of Section 45(1)(c) of the Constitution of the Republic of South Africa, 1996, the Constitutional Review Committee must review the Constitution annually. Therefore, members of the public are invited to make written submissions to the Constitutional Review Committee on specific sections of the Constitution that they feel need to be reviewed.

Comments can be emailed to Ms Pat Jayiya at [e-mail] by no later than Friday, 01 June 2012.

Enquiries may be directed to Ms Pat Jayiya on tel: [phone] or cell: 083 709 8453.

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Comment: Medicines and Related Substances Draft Amendment Bill [2012]

The Minister of Health intends to introduce the Medicines and Related Substances Draft Amendment Bill [2012] in Parliament this year.

Comments or representations on the proposed draft amendment to the regulations can be emailed to Ms Hyldia Phasha at [e-mail] by no later than 25 May 2012.

Enquiries can be made to Ms Hyldia Phasha tel: [phone]

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Comment: Agricultural Sector Draft Code (AgriBEE)

The Minister of Trade and Industry requests comment on the Draft Agricultural Sector Code (AgriBEE) as provided for in Code 000 Statement 003 of the Codes of Good Practice under Section 9(5) of the Broad Based Black Economic Empowerment Act (Act No. 53 of 2003).

Comments can be emailed to Xolisile Zondo and Mirriam Pooe at [e-mail] by no later than Friday, 25 May 2012.

Enquiries may be directed to Xolisile Zondo and Mirriam Pooe on tel: [phone] / 1870.

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Comment: Movement of Animals and Animal Produce Draft Bill [2012]

In view of the importance to effectively combat Stock Theft, a Draft Bill to repeal and substitute the Stock Theft Act, 1959, namely the Movement of Animals and Animal Produce Draft Bill [2012] has been drafted and the Department of Police requests your comments.