administration-1867877_640 legalish2
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By Legalish, Oct 14 2014 12:41PM

To amend the Transfer Duty Act, 1949, so as to further regulate the payment of duty; to further regulate exemptions from duty; to amend the Pension Funds Act, 1956, so as to delete an obsolete word and to further provide for deductions from retirement fund interests; to amend the Income Tax Act, 1962, so as to amend certain definitions; to insert certain definitions; to provide for further definitions; to further regulate the payment of normal tax; to further regulate certain inclusions in income; to further regulate exemptions; to further regulate deductions; to further regulate assessed losses; to further regulate a withholding tax; to further regulate certain company restructuring transactions; to determine certain rates; to further regulate the determination of capital gains and capital losses; to further regulate the payment of normal tax; to repeal obsolete provisions and to effect textual and consequential amendments; to amend the Customs and Excise Act, 1964, so as to amend certain definitions; to substitute obsolete references to provisions in respect of customs union agreements; to insert provisions regarding the collection of air passenger tax by the operator or his or her agent and circumstances in which liability will cease; to amend provisions regarding the value for duty purposes of imported goods; to effect amendments to the provisions regarding the value for excise duty purposes of goods manufactured in the Republic; to effect consequential amendments in respect of the amendment of the definition of "excise duty" and certain contextual amendments to the provisions authorising rebates and refunds of duty in terms of the Schedules to the Act; to delete references to a fine in certain provisions; to amend the Stamp Duties Act, 1968, so as to delete certain obsolete provisions; to amend the Value-Added Tax Act, 1991, so as to amend certain definitions; to further regulate zero-rated supplies; to further regulate the deduction of input tax; to effect certain textual and consequential amendments; to amend the Uncertificated Securities Tax Act, 1998, so as effect a consequential amendment; to amend the Collective Investment Schemes Control Act, 2002, so as to effect a consequential amendment; to amend the Small Business Tax Amnesty and Amendment of Taxation Laws Act, 2006, so as to delete an obsolete provision; to amend the Revenue Laws Amendment Act, 2006, so as to amend an effective date; to amend the Taxation Laws Amendment Act, 2007, so as to effect textual amendments and to repeal certain provisions; to provide for the zero rating of certain supplies; to provide for special rules for the assessment of normal tax of certain bodies; and to provide for matters connected therewith.


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By Legalish, Oct 14 2014 12:28PM

To provide for the transfer of shares, loan accounts, liabilities and guarantees in South African Express (Proprietary) Limited from Transnet Limited to the State to provide for the main objects and powers of South African Express (Proprietary) Limited; to provide for the borrowing powers of South African Express (Proprietary) Limited; to provide for the conversion of South African Express (Proprietary) Limited into a public company having a share capital incorporated in terms of the Companies Act, 1973; and to provide for matters connected therewith.


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By Legalish, Oct 14 2014 12:27PM

To provide for the transfer of shares, loan accounts, liabilities and guarantees in Broadband Infraco (Propriety) Limited from Eskom Holdings Limited to the State; to provide for the main objects and powers of Broadband Infraco (Proprietary) Limited; to provide for the borrowing powers of Broadband Infraco (Proprietary) Limited; to provide for servitudes and additional rights in favour of Broadband Infraco (Proprietary) Limited; to provide for the expropriation of land or any right in land by the Minister for Public Enterprises on behalf of Broadband Infraco (Proprietary) Limited; to provide for the conversion of Broadband Infraco(Proprietary) Limited; into a public company having a share capital incorporated in terms of the Companies Act, 1973; and to provide for matters connected therewith.


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By Legalish, Oct 14 2014 12:24PM

To comprehensively and extensively review and amend all aspects of the laws and the implementation of the laws relating to sexual offences, and to deal with all legal aspects of or relating to sexual offences in a single statute, by—


* repealing the common law offence of rape and replacing it with a new expanded statutory offence of rape, applicable to all forms of sexual penetration without consent, irrespective of gender;

* repealing the common law offence of indecent assault and replacing it with a new statutory offence of sexual assault, applicable to all forms of sexual violation without consent;

* creating new statutory offences relating to certain compelled acts of penetration or violation;

* creating new statutory offences, for adults, by criminalising the compelling or causing the witnessing of certain sexual conduct and certain parts of the human anatomy, the exposure or display of child pornography and the engaging of sexual services of an adult;

* repealing the common law offences of incest, bestiality and violation of a corpse, as far as such violation is of a sexual nature, and enacting corresponding new statutory offences;

* enacting comprehensive provisions dealing with the creation of certain new, expanded or amended sexual offences against children and persons who are mentally disabled, including offences relating to sexual exploitation or grooming, exposure to or display of pornography and the creation of child pornography, despite some of the offences being similar to offences created in respect of adults as the creation of these offences aims to address the particular vulnerability of children and persons who are -" mentally disabled in respect of sexual abuse or exploitation;

* eliminating the differentiation drawn between the age of consent for different consensual sexual acts and providing for special provisions relating to the prosecution and adjudication of consensual sexual acts between children older than 12 years but younger than 16 years;

* criminalising any attempt, conspiracy or incitement to commit a sexual offence;

* creating a duty to report sexual offences committed with or against children or persons who are mentally disabled;

* providing the South African Police Service with new investigative tools when investigating sexual offences or other offences involving the HIV status of the perpetrator;

* providing our courts with extra-territorial jurisdiction when hearing matters relating to sexual offences;

* providing certain services to certain victims of sexual offences, inter alia, to minimise or, as far as possible, eliminate secondary traumatisation, including affording a victim of certain sexual offences the right to require that the alleged perpetrator be tested for his or her HIV status and the right to receive Post Exposure Prophylaxis in certain circumstances;

* establishing and regulating a National Register for Sex Offenders;

* further regulating procedures, defences and other evidentiary matters in the prosecution and adjudication of sexual offences;

* making provision for the adoption of a national policy framework regulating all matters in this Act, including the manner in which sexual offences and related matters must be dealt with uniformly, in a co-ordinated and sensitive manner, by all Government departments and institutions and the issuing of national instructions and directives to be followed by the law enforcement agencies, the national prosecuting authority and health care practitioners to guide the implementation, enforcement and administration of this Act in order to achieve the objects of the Act;

* making interim provision relating to the trafficking in persons for sexual purposes; and

* to provide for matters connected therewith.


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By Legalish, Oct 14 2014 12:16PM

To amend the National Education Policy Act, 1996, so as to substitute the provision relating to consultation on the national education policy; and to amend the provision for the establishment of consultative bodies; to amend the South AfricanSchools Act, 1996, so as to insert certain definitions; to provide for minimum normsand standards for infrastructure and capacity in public schools; to provide for random search and seizure and drug testing at schools; to provide for the functionsand responsibilities of a principal; to substitute a reference to obsolete legislation; and to regulate the identification of underperforming schools; to amend the National Student Financial Aid Scheme Act, 1999, so as to effect certain technicaladjustments; and to extend the functions of the board to cover eligible students at public further education and training colleges; to amend the South African Council of Educators Act, 2000, the Adult Basic Education and Training Act, 2000, and the General and Further Education and Training Quality Assurance Act, 2001, so as to effect certain technical adjustments; and to provide for matters connected therewith.


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By Legalish, Oct 14 2014 12:14PM

To amend the Public Service Act, 1994, so as to substitute the definition provision; to substitute obsolete references; to provide for the alignment of certain conditions of services with respect to employees in sectors; to clarify certain powers of the Minister and enable the Minister to establish a consultative or advisory body; to replace the term "provincial administration" with the term "the Office of a Premier"; to provide for the implementation of directions of the Public Service Commission; to provide for the establishment of government components and specialised service delivery units within departments; to revise the effective date of actions and the effect of collective bargaining; to provide for the correction of

actions; to redefine the different employment capacities in the public service; to set out the different ways of obtaining services of persons; to rationalise the provisions regarding appointments and the requirements thereof as well as the appointments of heads of departments and their career incidents, including heads appointed in terms of the Constitution; to provide that the Cabinet determines whether an executive authority may appoint advisers and how many; to rationalise probation requirements and provisions dealing with transfers within the public service; to regulate the change in employment capacity when employees are appointed or transferred to other departments; to clarify the provisions regarding transfers and secondments to and from the public service and provide for secondments within the public service; to allow an executive authority to retire an employee who is 55 years and older, but younger than 60 years, without pension penalisation; to introduce measures dealing with non-compliance with the Act; to ensure due process with respect to the implementation of a sanction of dismissal on account of misconduct; to align the grounds for dismissal with the grounds for dismissal recognised by the Labour Relations Act, 1995; to prohibit for a specified period the re-employment of an employee dismissed for misconduct relating to corruption; to revise the provisions regarding outside remunerative work by employees; to clarify the provisions dealing with unauthorised remuneration paid to employees; to provide anew for temporary assignment of other work to employees and for acting in posts; to allow heads of department to submit grievances directly to the Public Service Commission; to require the exhaustion of internal grievance procedures before labour or other external legal remedies are used; to delete provisions regarding the political rights of employees and to provide for employees' candidacy for legislatures; to require regulations to determine the framework for certain remunerative advancement or awards; to clarify the provisions dealing with wrongly granted remuneration; to align the Minister's regulation-making powers with his or her other powers and to eliminate duplication regarding these powers; to provide for the inclusion of determinations and directives in one or more public service handbooks; to provide for delegation and further delegation of powers and Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 duties of executive authorities and heads of department; to update Schedules 1 and 2 and to include the organisational components listed in Schedule 3 in Schedule 1; to provide for government components in Schedule 3; to replace the term "officer" with "employee" and the term "executing authority" with "executive authority"; to substitute or delete certain references to the Public Service Commission; and to provide for matters connected therewith.


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By Legalish, Oct 14 2014 12:09PM

To amend the Health Professions Act, 1974, so as to amend and insert certain definitions; to provide for the requirements for removal of members from office; to provide for the absence of the president from council meetings; to provide for the functions of registrar and staff; to provide for the investigation of members whose names have been removed from the register; to provide for the publication of the register by electronic means; to provide for the particulars to be contained in the certificate of status of registration to be issued by the registrar; to provide for qualifications prescribed for registration and for registration of persons holding qualifications not prescribed for registration; to provide for compliance with conditions as a prerequisite for continuing professional development; to provide for registration of professional categories and additional professional categories; to provide for inquiry by professional boards into charges of unprofessional conduct; to provide for the handling of cases relating to the death of a person undergoing a procedure of a therapeutic, diagnostic or palliative nature; to provide for regulations relating to professional boards, educational institutions and facilities; and to provide for the rules relating to fees payable; and to provide for matters connected therewith.


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