IMPLEX CORPORATE NEWSLETTER 1 OF 2023

NEWSLETTER COR 1 2023
23 DECEMBER 2022 – 28 FEBRUARY 2023

AGRICULTURAL LEGISLATION

Agricultural Products Standards Act 119 of 1990
Regulations regarding Departmental Fees amended with effect from 1 April 2023.
This notice was published in Government Notice 2956 in Government Gazette 47913 of 27 January 2023.

Regulations relating to the protection of geographical indications and designations of origin used on agricultural products intended for sale in the Republic of South Africa was published and GN R447 of 22 March 2019 was repealed.
This notice was published in Government Notice 3023 in Government Gazette 48015 of 10 February 2023.

Marketing of Agricultural Products Act 47 of 1996
National Agricultural Marketing Council (NAMC):
Application for the amendment of statutory measures in the wine and brandy industry published for comment from directly affected groups.
This notice was published in General Notice 1584 in Government Gazette 47983 of 3 February 2023.

Invitation to register as a Directly Affected Group in terms of the Act published.
This notice was published in General Notice 1585 in Government Gazette 47983 of 3 February 2023.

Plant Breeders’ Rights Act 15 of 1976
Regulations relating to plant breeders’ rights amended with effect from 1 April 2023.
This notice was published in Government Notice 3024 in Government Gazette 48017 of 10 February 2023.

Agricultural Pests Act 36 Of 1983
Regulations amended with effect from 1 April 2023.
This notice was published in Government Notice 3055 in Government Gazette 48067 of 17 February 2023.

Control Measures amended with effect from 1 April 2023.
This notice was published in Government Notice 3056 in Government Gazette 48067 of 17 February 2023.

GENERAL LEGISLATION

Project and Construction Management Professions Act 48 Of 2000
South African Council for the Project and Construction Management Professions (SACPCMP):
SACPCMP Policy on Continuous Professional Development published with effect from 1 April 2023.
This notice was published in Board Notice 381 in Government Gazette 47797 of 30 December 2022

SACPCMP Policy on Competency Standards for the Purpose of Registration published with effect from 1 April 2023
This notice was published in Board Notice 382 in Government Gazette 47797 of 30 December 2022

SACPCMP Policy on Recognition of Prior Learning published with effect from 1 April 2023
This notice was published in Board Notice 383 in Government Gazette 47797 of 30 December 2022

SACPCMP Policy on Registration published with effect from 1 April 2023
This notice was published in Board Notice 384 in Government Gazette 47797 of 30 December 2022

South African Council for the Project and Construction Management Professions (SACPCMP):
SACPCMP Policy on Accreditation was published with effect from 1 April 2023.
This notice was published in Board Notice 391 in Government Gazette 48017 of 10 February 2023.

SACPCMP Policy on Guideline Professional Fees published with effect from 1 April 2023.
This notice was published in Board Notice 392 in Government Gazette 48017 of 10 February 2023.

SACPCMP Policy on the Recognition of New Specified Categories of Registration published with effect from 1 April 2023.
This notice was published in Board Notice 393 in Government Gazette 48017 of 10 February 2023.

Medicines and Related Substances Act 101 of 1965
Annual Single Exit Price Adjustment (SEPA) of medicines and scheduled substances for the year 2023 published.
This notice was published in Government Notice 2940 in Government Gazette 47883 of 20 January 2023.

Housing Act 107 Of 1997
Norms and Standards for Rental Housing were published.
This notice was published in Government Notice 2941 in Government Gazette 47883 of 20 January 2023

Disaster Management Act 57 of 2002
Classification of a provincial disaster in terms of s. 23 of the Act: Impact of the Gauteng Province flooding incidents was published.
This notice was published in Government Notice 2954 in Government Gazette 47911 of 25 January 2023.

Classification of impact of severe electricity supply constraint as a national disaster was published.
This notice was published in Government Notice 3019 in Government Gazette 48009 of 9 February 2023.

Competition Act 89 of 1998
South African Petroleum Industry Association (SAPIA): Notice extending the period of designation of the petroleum industry for the purpose of s. 10 (3) (b) (iv) until 30 April 2023 was published with effect from 1 February 2023.
This notice was published in Government Notice 2993 in Government Gazette 47975 of 31 January 2023.

Guidelines on the Exchange of Competitively Sensitive Information between Competitors under the Act published.
This notice was published in Government Notice 3084 in Government Gazette 48104 of 24 February 2023.

Competition Commission: Terms of reference for the South African Fresh Produce Market Inquiry published.
This notice was published in Government Notice 3037 in Government Gazette 48037 of 14 February 2023.

Notice of further two-month extension granted for completion of the Online Intermediation Platforms Market Inquiry published.
This notice was published in Government Notice 3062 in Government Gazette 48068 of 17 February 2023.

Architectural Profession Act 44 Of 2000
South African Council for the Architectural Profession: Rules relating to Continuing Professional Development and Renewal of Registration amended and Board Notice 186 of 15 November 2019 was repealed.
This notice was published in Board Notice 390 in Government Gazette 48012 of 10 February 2023.

Declaration of a National State of Disaster: Impact of severe electricity supply constraint was published.
This notice was published in Government Notice 3020 in Government Gazette 48009 of 9 February 2023.

South African Council for the Architectural Profession (SACAP): Draft Accreditation Policy published for comment.
This notice was published in Board Notice 400 in Government Gazette 48104 of 24 February 2023.

Protection of Personal Information Act 4 of 2013
Notice of publication for comment of proposed Rules of Procedure for the Enforcement Committee was published.
This notice was published in Government Notice 3052 in Government Gazette 48062 of 17 February 2023.

COMMERCIAL LEGISLATION

Customs and Excise Act 91 of 1964
Schedule 5 amended.
This notice was published in Government Notice 2923 in Government Gazette 47823 of 6 January 2023.

Schedule 4 amended.
This notice was published in Government Notice 2924 in Government Gazette 47823 of 6 January 2023.

Schedule 1 amended.
This notice was published in Government Notice 2925 in Government Gazette 47823 of 6 January 2023.

Schedule 3 amended with effect from 20 January 2023 and 20 July 2025.
This notice was published in Government Notice 2934 in Government Gazette 47876 of 20 January 2023.

Imposition of provisional payment (PP/167) up to and including 9 August 2023 published.
This notice was published in Government Notice 3021 in Government Gazette 48013 of 10 February 2023.
Schedule 1 was amended.
This notice was published in Government Notice 3061 in Government Gazette 48067 of 17 February 2023.

Merchandise Marks Act 17 Of 1941
Proposed prohibition on the use of certain words and emblems associated with CAPE FLORA SA published for comment.
This notice was published in General Notice 1592 in Government Gazette 47989 of 3 February 2023.

Proposed prohibition on the use of certain images of coins of the South African Reserve Bank published for comment.
This notice was published in General Notice 1593 in Government Gazette 47995 of 6 February 2023.

FINANCIAL LEGISLATION

Tax Administration Laws Amendment Act 16 Of 2022
Notice of commencement of Tax Administration Laws Amendment Act 16 OF 2022.Date of commencement: 5 January 2023, unless otherwise indicated. Amends s. 1 of the Transfer Duty Act 40 of 1949; amends s. 5 of the Estate Duty Act 45 of 1955; amends ss. 1 & 64M and the Fourth Schedule to the Income Tax Act 58 of 1962; amends ss. 1, 4, 38, 39, 40, 41, 47, 49, 65, 71, 79, 84, 86, 107 & 120 and inserts Chapter IXA (ss. 74B to 74L) in the Customs and Excise Act 91 of 1964; amends ss. 13 & 23 and Schedule 1 to the Value-Added Tax Act 89 of 1991; amends ss. 221, 240A & 256 of the Tax Administration Act 28 of 2011; substitutes s. 10 of the Employment Tax Incentive Act 26 of 2013; amends s. 20 of the Tax Administration Laws Amendment Act 44 of 2014; amends s. 2 of the Tax Administration Laws Amendment Act 13 of 2017 and repeals s. 1 of the Tax Administration Laws Amendment Act 24 of 2020
This notice was published in Government Gazette 47827 of 5 January 2023.

Taxation Laws Amendment Act 20 Of 2022
Notice of commencement of Taxation Laws Amendment Act 20 of 2022.Date of commencement: 5 January 2023, unless otherwise indicated. Amends ss. 1, 7B, 7C, 9D, 10, 10B, 10C, 11, 12L, 19, 23, 23M, 24, 28, 29A, 45, 64FA& 64K and the Second, Fourth, Seventh and Eighth Schedules and substitutes the Eleventh Schedule to the Income Tax Act 58 of 1962; amends s. 48 and Schedules 1 and 6 to the Customs and Excise Act 91 of 1964; amends ss. 1, 9, 16, 18D, 20, 23 & 52 of the Value-Added Tax Act 89 of 1991; amends s. 1 of the Taxation Laws Second Amendment Act 25 of 2011; amends ss. 13, 15 & 62 of the Taxation Laws Amendment Act 31 of 2013; amends ss. 5 & 6 of the Carbon Tax Act 15 of 2019; amends s. 50 of the Taxation Laws Amendment Act 34 of 2019 and amends ss. 4 & 18 of the Taxation Laws Amendment Act 20 of 2021
This notice was published in Government Gazette 47826 of 5 January 2023.

General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 Of 2022
Date of commencement: ss. 9, 10, 16, 18 to 55, 59 and 62 to 65: 31 December 2022; s. 2 (except s. 6 (1H) of the Trust Property Control Act 57 of 1988 as inserted by s. 2) and s. 6 (except s. 11A (1) (c), (2) and (3) of the Trust Property Control Act 57 of 1988 as inserted by s. 6): 1 April 2023.(Proclamation 109 in Government Gazette 47805 of 31 December 2022).
It Amends ss. 1, 6, 10, 11, 19 & 20, substitutes s. 8 and inserts s. 11A in the Trust Property Control Act 57 of 1988; amends ss. 2, 5, 12, 13, 18, 21, 24 & 29 and inserts Chapter 3A (s. 25A) in the Nonproﬁt Organisations Act 71 of 1997; amends ss. 1, 3, 4, 5, 21B, 21C, 21F, 21G, 21H, 26B, 26C, 27A, 28A, 34, 35, 36, 37, 40, 41A, 42, 49A, 50, 52, 59, 64, 75, 79A & 79B and Schedules 2, 3A & 3B, substitutes ss. 21D, 26A & 57 and the Index and inserts s.79C and Schedule 3C in the Financial Intelligence Centre Act 38 of 2001; amends ss. 1, 33, 50, 56, 69 & 122 and the Arrangement of Sections of the Companies Act 71 of 2008; and amends s.159, the long title and the Arrangement of Section and inserts Chapter 11A (ss. 159A to 159C) in the Financial Sector Regulation Act 9 of 2017.
This notice was published in Government Gazette 47802 of 29 December 2022, replaced by Government Gazette 47815 of 29 December 2022.

Public Finance Management Act 1 of 1999
Rate of interest on government loans published with effect from 1 January 2023
This notice was published in General Notice 1531 in Government Gazette 47797 of 30 December 2022.

Financial Markets Act 19 of 2012
Financial Sector Conduct Authority: Approved amendments to the JSE Equities Rules, JSE Derivatives Rules and JSE Interest Rate and Currency Derivatives Rules: Disciplinary Matters – Penalties was published.
This notice was published in Board Notice 381 in Government Gazette 47852 of 10 January 2023

Financial Intelligence Centre Act 38 Of 2001
Date of commencement of ss. 31 and 56: 1 February 2023.
Proclamation111 in Government Gazette 47883 of 20 January 2023 was published.

Money Laundering and Terrorist Financing Control Regulations, 2002 amended with effect from 1 February 2023.
This notice was published in Government Notice 2943 in Government Gazette 47883 of 20 January 2023.

Financial Markets Act 19 Of 2012
Financial Sector Conduct Authority: Notice of publication for comment of proposed amendments to the Strate (Pty) Ltd Rules was published.
This notice was published in Board Notice 382 in Government Gazette 47883 of 20 January 2023

Division of Revenue Act 5 Of 2022
Conditional allocations were published.
This notice was published in Government Notice 2936 in Government Gazette 47882 of 19 January 2023 and Government Notice 2942 in Government Gazette 47883 of 20 January 2023

Conditional allocations were published.
This notice was published in Government Notice 2976 in Government Gazette 47926 of 27 January 2023 & Government Notice 3015 in Government Gazette 47987 of 3 February 2023.

Currency and Exchanges Act 9 Of 1933
Financial Surveillance Department: Cancellation of an authorised dealer in foreign exchange for the purposes of the Exchange Control Regulations published.
This notice was published in General Notice 1561 in Government Gazette 47917 of 26 January 2023.

Audit Profession Act 26 of 2005
Adoption of the International Auditing and Assurance Standards Board’s (IAASB) 2021 Handbooks of International Quality Control, Auditing, Review, other Assurance, and related services pronouncements was published.
This notice was published in Board Notice 394 in Government Gazette 48017 of 10 February 2023.

Income Tax Act 58 of 1962
Further information required in terms of s.18A (2) (a) (vii) for purposes of a receipt issued under s.18A (2) (a) of the Act was published.
This notice was published in Government Notice 3082 in Government Gazette 48104 of 24 February 2023.

INSURANCE LEGISLATION

Long-Term Insurance Act 52 Of 1998
Penalty determined for failure to furnish Registrar with returns etc. for the purposes of s. 68 (1) (a) of the Act was published and GN 1791 of 25 February 2022 repealed.
This notice was published in Government Notice 3078 in Government Gazette 48104 of 24 February 2023.

Short-Term Insurance Act 53 Of 1998
Penalty determined for failure to furnish Registrar with returns etc. for the purposes of s. 66 (1) (a) of the Act published and GN 1792 of 25 February 2022 was repealed.
This notice was published in Government Notice 3079 in Government Gazette 48104 of 24 February 2023.

ENERGY LEGISLATION

Petroleum Products Act 120 of 1977
Regulations in respect of the single maximum national retail price for illuminating paraffin published with effect from 4 January 2023.
This notice was published in Government Notice 2918 in Government Gazette 47816 of 3 January 2023.

Regulations in respect of the maximum retail price of Liquefied Petroleum Gas supplied to residential customers published and GN R2838 in GG 47661 of 6 December 2022 substituted with effect from 4 January 2023.
This notice was published in Government Notice 2919 in Government Gazette 47816 of 3 January 2023.

Regulations in respect of petroleum products published and GN R2839 in GG 47661 of 6 December 2022 substituted with effect from 4 January 2023.
This notice was published in Government Notice 2920 in Government Gazette 47816 of 3 January 2023.

Regulations in respect of the single maximum national retail price for illuminating paraffin published with effect from 1 February 2023.
This notice was published in Government Notice 2994 in Government Gazette 47976 of 31 January 2023.

Regulations in respect of the maximum retail price of Liquefied Petroleum Gas supplied to residential customers published and GN R2919 in GG 47816 of 3 January 2023 substituted with effect from 1 February 2023.
This notice was published in Government Notice 2995 in Government Gazette 47976 of 31 January 2023.

Regulations in respect of petroleum products published and GN R2920 in GG 47816 of 3 January 2023 substituted with effect from 1 February 2023.
This notice was published in Government Notice 2996 in Government Gazette 47976 of 31 January 2023.

Amendment of the regulations in respect of petroleum products
This notice was published in Government Notice 3094 in Government Gazette 48151 of 28 February 2023.

Maximum Retail Price for Liquefied Petroleum Gas was published.
This notice was published in Government Notice 3093 in Government Gazette 48151 of 28 February 2023.

Regulations in respect of the single maximum national retail price for Illuminating Paraffin
This notice was published in Government Notice 3092 in Government Gazette 48151 of 28 February 2023

Electricity Regulation Act 4 of 2006
Substitution of Schedule 2 to the Act published in GN 2875 in GG 47757 of 15 December 2022 was corrected.
This notice was published in Government Notice 2935 in Government Gazette 47877 of 17 January 2023.

TRANSPORTATION LEGISLATION

South African National Roads Agency Limited and National Roads Act 7 Of 1998

South African National Roads Agency SOC Ltd: Various toll roads: Amounts of toll for the different categories of motor vehicles, and the date and time from which the toll tariffs shall become payable published with effect from 1 March 2023.
This notice was published in Government Notices 3031 -3034 in Government Gazette 48018 of 10 February 2023.

HR LEGISLATION

Labour Relations Act 66 Of 1995
Code of Practice: Managing Exposure to SARS-COV-2 in the Workplace, 2022 published in GN R2191 in GG 46596 of 24 June 2022 was corrected.
This notice was published in Government Notice 2957 in Government Gazette 47919 of 27 January 2023.

Bargaining councils accredited to conduct conciliation and arbitration for the period 1 February 2023 to 31 January 2026 was published.
This notice was published in General Notice 1628 in Government Gazette 48104 of 24 February 2023.

Basic Conditions of Employment Act 75 Of 1997

Extension of notice of investigation into the wages and conditions of employment of Community Health Workers (CHWs) in South Africa published for comment in GN R2876 in GG 47758 of 15 December 2022 published.
This notice was published in Government Notice 2997 in Government Gazette 47982 of 2 February 2023.

Determination of earnings threshold in terms of s. 6 (3) published with effect from 1 March 2023.
This notice was published in Government Notice 3067 in Government Gazette 48092 of 20 February 2023.

Skills Development Act 97 Of 1998
Draft Sector Education and Training Authorities (SETAs) Grant Regulations regarding monies received by a SETA and related matters published for comment.
This notice was published in Government Notice 2971 in Government Gazette 47926 of 27 January 2023.

National Minimum Wage Act 9 of 2018
National minimum wage for 2023: Schedules 1 and 2 of the Act amended with effect from 1 March 2023.
This notice was published in Government Notice 3069 in Government Gazette 48094 of 21 February 2023.

LAND LEGISLATION

Spatial Planning and Land Use Management Act 16 Of 2013
Notice of publication of National Spatial Development Framework (NSDF) published and General Notice 1581 of 1 February 2023 was replaced.
This notice was published in General Notice 1594 in Government Gazette 47999 of 1 February 2023.

BILLS

Constitution Eighteenth Amendment Bill, 2023 [B1-2023]
Division of Revenue Bill, 2023 [B2-2023]
Division of Revenue Bill for the 2023/24 financial year, notice of introduction and explanatory summary was published.

NEWSLETTER COR 1 2023 23 DECEMBER 2022 – 28 FEBRUARY 2023