Tag: Gary Moore

In May 2018, the Minister of Health published a draft Control of Tobacco Products and Electronic Delivery Systems Bill[1] in the Government Gazette[2] and invited interested persons to submit comments and representations on the draft Bill.[3]

On 9 May 2018, the Minister of Health published in the Government Gazette a draft 2018 Control of Tobacco Products and Electronic Delivery Systems Bill and invited interested persons to submit comments on the Bill.

The current Businesses Act 1991 requires a business licence to carry on essentially only two categories of business. The Act repealed prior licensing laws that had required many more types of business to be licensed. At the time, the Free Market Foundation through its Law Review Project helped persuade the government to repeal those prior licensing laws and introduce the light-touch 1991 Act.

The South African Broadcasting Corporation was established in 1936 by the Broadcasting Act that year. That Act was substituted by a 1973 Broadcasting Act, which has been replaced by the current Broadcasting Act, of 1999.

In 2020, the National Treasury published for public comment a draft Conduct of Financial Institutions Bill, as an update of its draft two years earlier. This 2020 draft bill aims, ambitiously, at revising the separate laws which regulate the conduct of financial institutions of all kinds, be they banks, insurers, pension funds or medical schemes; and which regulate the conduct of providers of financial advisory, administration or payment services.

Government’s conduct over the last century and more has led to the situation South Africa finds itself in today as regards the provision of electricity. Tracing a series of legislative and regulatory interventions in the electricity market, we can see how this came to be.

The Medical Schemes Act (MS Act) requires a person to be accredited by the Council for Medical Schemes (CMS) as a broker, before being allowed to provide “broker services”. The MS Act defines “broker services” as the provision of service or advice in respect of access to or benefits offered by a medical scheme.

In June 2022, the Pretoria High Court declared the certificate-of-need (CON) provisions in the 2003 National Health Act to be invalid. Although this matter has received little attention in the press, the implications are far reaching for government’s proposed health reforms.

We have lodged objections to the proposed Unlawful Entering on Premises Bill, 2022, in response to the invitation to comment that was gazetted by the Department of Justice. The bill is intended to replace the Trespass Act of 1959.

The Financial Sector Conduct Authority (FSCA) wishes to usurp the Broad-Based Black Economic Empowerment (B-BBEE) role of the Minister of Trade and Industry, to make missing a transformation target an offence, and to make the Sector serve two masters (continued from PART 1).