Annual Survey of South African Law - Volume 2013, Issue 1, 2013
Volume 2013, Issue 1, 2013
Author Pamela-Jane SchwikkardSource: Annual Survey of South African Law 2013, pp 848 –862 (2013)More Less
The Criminal Law (Forensic Procedures) Amendment Act 6 of 2010 came into operation on 18 January 2013. The only direct evidence provision that it amends is section 225. The amendment has limited substance except for the introduction of the word 'body prints' (see below). Section 225 retains the provision that non-compliance with the procedures set out in the Act, or the fact that the forensic evidence was obtained against the wishes of the accused, will not make the evidence inadmissible. Fortunately, the admission of evidence obtained in a manner that infringes any of the accused's constitutional rights will remain to be excluded in terms of section 35(5) of the Constitution.
Author Jacqueline HeatonSource: Annual Survey of South African Law 2013, pp 871 –878 (2013)More Less
In terms of the Child Justice Act 75 of 2008, a child who is accused of having committed a crime may be diverted away from formal court procedures even though he or she has the capacity to incur criminal liability (ss 41(1) and 49(1)(b)). This diversion may only be to an accredited diversion programme and diversion service provider (s 56(1) read with the definition of 'diversion' in s 1). In September 2013, the Minister of Social Development published the names and details of entities that have been accredited to provide diversion programmes and diversion services in various provinces (GN 686 GG 36843 of 13 September 2013).
Source: Annual Survey of South African Law 2013, pp 879 –962 (2013)More Less
With the restructuring of the Department of Land Affairs and Agriculture, the Department of Rural Development and Land Reform has been administering deeds and registries in South Africa since 2009. In this capacity the Minister approved amendment regulations under section 9(9) of the Deeds Registries Act 47 of 1937 (GN R195 GG 36240 of 14 March 2013), amending GN R474 GG 466 of 29 March 1963 Reg Gaz 177. Regulation 20 was replaced and now provides that 'in the description of immovable property in a deed or bond the extent thereof should be expressed in word and figures'. Regulation 39 was also replaced and prescribes the format of certificates to be signed by conveyancers. Regulation 44A(d)(ii)(aa) and (bb), dealing with the authority that needs to be obtained by representatives that sign on behalf of a company, close corporation, church, association and trust, was substituted. Regulation 61(2) dealing with the cancellation of fidei commissa was also substituted. Regulation 68(11B), which deals with lost and destroyed bonds, was inserted. While Form K and Form III deal with lost and destroyed documents, Form SS provides for a certificate of registered title. GN R196 GG 36241 of 14 March 2013 amends R664 GG 11245 of 8 April 1988. These regulations deal with amendments to the regulations pertaining to sectional titles. A new Schedule of Fees was furthermore published on 2 April 2013 (GN R241 GG 36306).
Author M.J. De WaalSource: Annual Survey of South African Law 2013, pp 984 –1006 (2013)More Less
Since the commencement of the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009, it has emerged that section 3(2) and section 3(3) of the Act contained an error in that they referred to this Act as an Act of '2008'. Section 42 of the Judicial Matters Amendment Act 42 of 2013 amended the subsections and rectified this error. The amendment is therefore of technical significance only.
Source: Annual Survey of South African Law 2013, pp 1007 –1036 (2013)More Less
As a pre-election year, 2013 saw a number of Bills relevant to mining law tabled in Parliament although few were actually passed. The most important Bill from a mining law perspective was the Mineral and Petroleum Resources Development Amendment Bill, B15-2013, read to an extent with the National Environmental Management Laws Amendment Bill, B26-2013.
Miscellaneous contracts (agency, carriage, deposit, donation, loans, partnership, service and surety)Source: Annual Survey of South African Law 2013, pp 1037 –1088 (2013)More Less
Author Muthundinne SigwadiSource: Annual Survey of South African Law 2013, pp 1089 –1113 (2013)More Less
The discussion of pension funds legislation in 2012 ASSAL referred to the Financial Services Laws General Amendment Bill B29 of 2012. This is now the Financial Services Laws General Amendment Act 45 of 2013 ('FSLGAA') and was published in Government Gazette 37237 of 16 January 2014. Its aim is to amend and update various statutes dealing with financial issues, including the Pension Funds Act 24 of 1956 ('PFA'). All amendments to the PFA commenced on 28 February 2014, with the exception of section 4(1) which commenced on 30 May 2014, and section 18(1) which commenced on 29 August 2014. The focus of the present discussion is not on the FSLGAA as a whole, but on certain amendments to the PFA, dealing with the aspects below.
Author Hennie StrydomSource: Annual Survey of South African Law 2013, pp 1114 –1139 (2013)More Less
Some seventy treaties and memoranda of understanding ('MOUs') were concluded during the year under review. What stands out is the large number of MOUs. In only one case (Russian Federation) is it explicitly stated that the MOU does not have the status of an international treaty, and that it creates no rights and obligations for the parties. A selection is once again necessary (as in the case of treaties) and only in those instances where the MOU deals with a matter of some importance from a national or regional point of view, has it been included.