NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, ACT 39 OF 2004: DRAFT DUST CONTROL REGULATIONS

Please note that the Minister of Water and Environmental Affairs, has given notice of her intention to, under paragraphs under paragraph (o) of section 53,read with section 32 of the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004), make the national dust control regulations.

This notice of was published in Government Gazette 34307 under GeN309 on 27 May 2011.

Any person who wishes to submit written representations or comments in connection with the draft amendments was invited to do so within 60 days of the date of the notice. Deadline for submissions: 26 July 2011.

By post to: The Director-General: Environment Affairs

Attention: Mr Olebogeng Matshediso, Private Bag x447, Pretoria, 0001

By fax to: (012) 320-1167

By e-mail to: OMatshediso@environment.gov.za

Hand delivered at: 315 Pretorius Street, Corner Pretorius and Van Der Walt Streets, Fedsure Forum Building, 2nd Floor, North Tower

Any enquiries in connection with the draft regulations can be directed to Dr. Thuli Mdluli at (012) 310-3436 or Mr Olebogeng Matshediso at (012) 310-3102.

Comments received after the closing date may not be considered.

We have for your ease of reference, included a copy of the Notice, and Schedule to it.

SCHEDULE

1. Definitions

In these regulations any word or expression to which a meaning has been assigned in the Act has that meaning, and unless the context indicates

otherwise

"the Act" means the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004); "Air Quality Officer" means an officer designated in terms of section 14 of the Act; "ASTM D1739" means the American Standard for Testing and Materials, which is the standard test method for the collection and measurement of dust fall; "dust" means airborne, particulate matter with a diameter smaller than 100 micrometers other than the small particles of carbonaceous matter directly emitted by a combustion process; "dust fall" means the deposition of dust; "light commercial area" means any area classified for light commercial use as per the local town planning scheme; "Minister" means the Minister of Water and Environmental Affairs; "residential area" means any area classified for residential use as per the local town planning scheme;

2. Purpose of the regulations

The purpose of the regulations is to prescribe general measures for the control of dust in all areas including residential and light commercial areas.

3. Prohibition

No person may conduct any activity in such a way as to give rise to dust in such quantities and concentrations that -

(1) The dust, or dust fall, has a detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage, or has contributed to the degradation of ambient air quality beyond the premises where it originates; or

(2) The dust remains visible in the ambient air beyond the premises where it originates; or

(3) The dust fall at the boundary or beyond the boundary of the premises where it originates exceeds

(a) 600 mg/m2/day averaged over 30 days in residential and light commercial areas measured using reference method ASTM D1739; or

(b) 1200 mg/m2/day averaged over 30 days in areas other than residential and light commercial areas measured using reference method ASTM D1739.

4. Dust fall monitoring

(1) An air quality officer may require any person to undertake a dust fall monitoring programme as contemplated In regulation 4(2) if -

(a) the air quality officer reasonably suspects that the person has on one or more occasions contravened regulation 3.

(b) the air quality officer reasonably suspects that the person is contravening regulation 3.

(c) The activity being conducted by the person requires a fugitive emission management plan in terms of any Notice published in terms of Section 21 of the Act.

(2) A dust fall monitoring programme includes the implementation of all reasonable measures required to effectively measure, report and verify compliance or noncompliance with regulation 3 to the satisfaction of the air quality officer.

5. Ambient dust monitoring

An air quality officer may require any person to undertake continuous ambient air quality monitoring in accordance with any Notice published in terms of Section 9 of the Act if a dust fall monitoring programme contemplated in regulation 4(2) or any dust fall monitoring activities undertaken by an air quality officer or on behalf of an air quality officer indicates possible non-compliance with regulation 3.

6. Offences

A person is guilty of an offence if that person-

(1) contravenes a provision of regulation 3.

(2) fails to implement a dust fall monitoring programme as required by an air quality officer in terms of regulation 4.

(3) Fails to undertake continuous ambient air quality monitoring as required by an air quality officer in terms of regulation 5.

7. Penalties

A person convicted of an offence referred to in regulation 6 is liable to -

(1) imprisonment for a period not exceeding five years;

(2) an appropriate fine; or

(3) both a fine and imprisonment.

8. Short title and commencement

These regulations are called the National Dust Control Regulations, 2011 and shall come into operation on a date determined by the Minister by notice in the Gazette

Update on National Health Insurance

Health Minister Dr Aaron Motsoaledi has urged citizens who are concerned about the establishment of the National Health Insurance (NHI) to be patient as government is working around the clock on this issue.

"The problem is that many believe that NHI is just the release of a document. For us in health, we know that it also involves an extensive preparation of the health care system, while at the same time preparing a policy document and in this case, the reengineering of the Health Care System is very vital," Motsoaledi said.

Motsoaledi, who was presenting the department's R25.7-billion for 2011/12 on Tuesday, announced that additional earmarked funding has been allocated at provincial level for preparatory work for the NHI, which amounts to R16.1-billion over a three-year period.

He, however, pointed out that under the present health care system, whether public or private, no NHI can ever survive.

"I know that at face value, problems in the health system are said to be existing only in the public sector and the private sector must be left alone to some wayward phenomena called market forces, even though these market forces dismally failed to stop or more appropriately caused the most recent global economic collapse," Motsoaledi said.

He said while it is true that the public health care system is bedevilled by very poor management leading to poor quality care, adding to the very low resources available in the public health sector, the current overall health care system, both public and private, will be completely re-engineered.

"The present health care system is characterised by four very clearly identified negatives. It is unsustainable, very destructive, extremely costly and very hospicentric or curative in nature. For any intervention dealing with the cost of health care, like the NHI, to make any sense, a complete re-engineering is essential and it is an obligation placed upon our shoulders," Motsoaledi said.

Elaborating on the re-engineering of the health care system, Motsoaledi said it will be according to three main streams, with the first being a district based model, where a team of five specialist or clinicians shall be deployed in each district.

The team will consist of a principal obstetrician, a paediatrician, a family physician and an advanced midwife, while a senior primary care nurse will specifically focus on maternal and child mortality.

Motsoaledi said he has consulted all the deans of the eight medical schools in the country, the professional associations of paediatricians, obstetricians, family physicians, the Colleges of Medicines of South Africa responsible for specialist training and the nursing fraternity during the recent nursing summit, who supported the initiative.

He said his intention is that by the end of this calendar year, they should be far ahead in implementing this initiative, which will include the creation of the posts at district level, something that has never existed before and will be completely new in the public service.

"We are absolutely determined to make sure that this model is implemented. Once appointed, these teams will deal with guidelines and protocols at our antenatal care clinics, labour wards, post natal health care, and paediatrics and child health clinics.

"They will follow up on every case of mortality to make sure that ...meetings are held for every single incident, to deal with the cause at hospital level immediately rather than waiting for research studies and results later.

"The specialist teams will deal with training of interns, as well as community service doctors and medical officers. They will also focus on midwives and their practice in helping to bring down maternal mortality.

They will also assist primary health care nurses on following up on patients in their communities, especially for post natal care," said an optimistic Motsoaledi.

The second stream includes a school health programme, which will be launched with the Ministers of Basic Education and Social Development.

Mostoaledi said a task team established about two weeks ago is working around the clock to deal with these issues.

"This stream of Public Health Care (PHC) will deal with basic health issues like eye care problems, dental problems, hearing problems, as well as immunisation programmes in our schools ... It will move further on to deal with more complex problems like contraceptive health rights, which will include issues such as teenage pregnancy and abortions ... and HIV and Aids programmes among learners. Added to this will be [information on] drugs and  alcohol abuse in schools," Motsoaledi explained.

He noted that the task team consisted of all relevant stakeholders from the three departments, nongovernmental organisations (NGOs) dealing with children, universities and individual experts.

"When the team has completed its work, we will start implementation in the poorest schools ... which are also far from the nearest health centres."

The third stream will be a ward based PHC model, which will deploy at least 10 well trained PHC workers per ward.

"This method is being put to good use in Brazil, where 30 000 ... community health care agents have been deployed to various communities. I was also highly encouraged when the Minister of Health in India announced during the Moscow gathering last month that in his country, they are deploying 800 000 such cadres and they call them health care activists.

"A total of 251 teams have already been deployed and in just three months, have reached 41 000 families and, in the process, discovered that 18% of the screened people had TB," Motsoaledi said, pointing out that in the past they would never have picked up the cases and would have waited for them to show up in healthcare institutions when it was already too late.

He emphasised that the re-engineering of PHC system into three streams will consolidate PHC as the country's primary mode of health care delivery.

"It will encourage prevention of disease and promotion of health in contrast to the present obsession with treatment of individual disease when it is already too late for many individuals and at great cost to the fiscus and the GDP of our country.

"It is because of this hugely curative and costly health care system that some so-called experts believe NHI is an impossible dream."

Edited by: Bua News

Draft Driven Machinery Regulations, 2010 promulgated in terms of the Occupational Health and Safety Act, Act 85 of 1993 ("OHSA")

Introduction

The Minister of Labour has promulgated draft revised Driven Machinery Regulations (the draft regulations'). These draft regulations seek to repeal GNR 1010 of 2003 (it is assumed that this is reference to the Driven Machinery Regulations contained in the OHSA, albeit that this reference is incorrect. GNR 1010 of 2003 in fact refer to the previous amendments to the Driven Machinery Regulations which were in fact promulgated under GNR 295 of 26 February 1988. This will be an aspect on which clarity will be sought through interaction with the Department of Labour).

We have set out below the pertinent amendments and/or additions to these draft regulations for your information. If you would like a full text copy of Government Gazette Number 9479 of 4 March 2011 with Regulation Notice 163, for your records please contact us and we will forward a copy to you.

Scope of application

The draft regulations specifically state that these regulations shall apply to the design, manufacture, operation, repair, modification, maintenance, inspection and testing of driven machinery. The current Driven Machinery Regulations are silent in this regard.

Sanding machines

The draft regulation 9(8) requires the user of machinery used for the purpose of grinding, cutting, fettling, polishing or similar applications shall ensure that the operators of such machines are duly trained.

This is an additional requirement included in respect of specific training required to be provided, over and above training required to ensure compliance with section 8 of the OHSA. Employers and users of machinery will have to ensure that a specific system is implemented in terms of which this specific training is formally provided and that the employer or user is able to demonstrate to the Department of Labour that this has been complied with.

Slitting machines

Where the current regulations require that effective guarding is provided the draft regulations provide further directions regarding the nature of this effective guarding. The user of machinery will be required to ensure, in terms of draft regulations 11(2) and 11(3) that fixed guarding or enclosures prevents access to the machine and that access points must be controlled by an interlocked safety device which device must prevent or arrest the motion of the machine when activated by unauthorised entry.

Goods hoist

The current regulations governing the use of goods' hoists in regulation 17 do not appear in the draft regulations, nor have they been replaced. The definition of lifting equipment in the draft regulations specifically excluded goods' hoists and it appears as though this equipment may no longer be regulated by the Driven Machinery Regulations.

Lifting machines and lifting tackle

A number of amendments are proposed to the regulations governing lifting machines and lifting tackle, which amendments will require the employer or user of machinery to amend current systems and/or implement additional systems to ensure compliance. In summary, the following additional requirements have been placed on employers or users of machinery in the draft regulations:

in addition to the requirement that no user shall use or permit the use of a lifting machine unless it has at all times at least three full turns of rope on the drum of each winch, which forms part of such a machine when such a winch has run to its lowest limit (as contained in the current Driven Machinery Regulation 18(1)(c),) the draft regulations require the user of machinery to ensure that the winch is controlled by an automatic cut out device. It is however noted in the draft regulations that this draft sub regulation will not apply to capstan type winches;

the user will be required to ensure that every power driven lifting machine is fitted with a limiting device that will cause the driving effort to be automatically arrested when the load condition is greater than the rated load condition of such machine. This requirement currently only applied, in driven machinery regulation 18(2)(b) to winch operated lifting machines with a lifting capacity of 5000 kg or more;

the thorough examinations to the whole installation and all working parts of every lifting machine will, under the draft regulations, also include ancillary lifting equipment. In addition, where under the current Driven Machinery Regulations this test must be carried out by a person who has knowledge and experience of the erection and maintenance of the type of lifting machine involved, the draft regulations require that this test is carried out by a registered Lifting Machinery Inspector appointed by a registered Lifting Machinery Entity who has knowledge of the erection and maintenance of the type of machine. However, the draft regulations state that mobile cranes will be excluded from the performance tests after each re-deployment;

no user of machinery shall use, or permit the use of temporary suspended access platform installations unless it complies with a safety standard with respect to its construction, installation, operation and inspection incorporated into the draft regulations for this purpose;

the current Driven Machinery Regulations, in regulation 18(8), require that no user shall use or permit any person to be moved or supported by means of a lifting machine, unless such machine is fitted with a cradle approved for that purpose by an inspector. The draft regulation amend this requirement and will require the used of machinery to ensure that any lifting machine used for the lifting of persons is fitted with a man-cage designed and fabricated according to an approved SANS standard and that a risk assessment is carried out by the user;

the requirements is respect of jib cranes, contained in current Driven Machinery Regulation 9 have been amended in the draft regulations to apply to all power driven lifting machines; and

the draft regulations require the factor of safety required for lifting tackle with respect to the maximum mass loads to comply with the SANS standard rather that the specific reference to safety factors as currently contained in Driven Machinery Regulation 18(10)(c)

Conclusion

The draft regulations provide greater clarity in respect of the obligations placed upon the employer or user of machinery. However, this in turn creates an additional onus for the employer or user of machinery to ensure that specifications in the incorporated standards are in place and that the employer or user remains abreast of the requirements as contained in the various SANS standards.

Written by Warren Beech, Partner and Kenneth Coster, Partner at Webber Wentzel

Are you ready for the Consumer Protection Act?

The Consumer Protection Act, 2008 (the CPA) is coming into force on 31 March 2011. It will have a significant effect on the supply of goods and services. The act will also regulate the relationship between suppliers and consumers in detail.

One of the most controversial provisions of the CPA relates to the liability of suppliers. If someone supplies goods, and those goods cause harm to the consumer, the supplier will be liable for the harm. This will be the case even if the supplier was not negligent. Further, all parties in the supply chain can be held liable by the consumer. This includes the manufacturer, the wholesaler and the business that sells the goods to the public.

Suppliers must also take note of the standard warranties that will apply to goods supplied to consumers. These warranties cannot be excluded. When the CPA is in force, consumers will have the right to receive goods that:

• are reasonably suitable for the purposes for which they are intended;

• are of good quality, in good working order and free of any defects;

• will be useable and durable for a reasonable period of time, having regard to certain factors; and

• comply with any applicable standards set under the Standards Act, 1993.

The CPA also deals with the marketing of goods. Consumers will have the right to restrict unwanted direct marketing (this will include promotional e-mails and telesales). Further, if a consumer bought goods as a result of direct marketing, the consumer will be entitled to cancel the sale of those goods within a specified period.

A supplier will have to ensure that its packaging and/or labelling complies with the CPA’s requirements. The Minister of Trade and Industry will prescribe certain information or descriptions that must be applied to specific goods. In addition, the CPA has strict requirements relating to the disclosure of the price of goods. If goods are displayed for sale, the supplier must also display the price of those goods at the same time.

When it comes to promotional competitions, suppliers will in future have to ensure that they follow the provisions of the CPA in this regard. For instance, the CPA contains certain requirements regarding the rules of promotional competitions. It also regulates the consideration payable by consumers for entering into competitions.

Another important aspect of the CPA relates to business names. In future, a supplier will not be able to trade under a name, unless:

• in the case of an individual, that name is displayed in his or her identity document;

• in the case of a juristic person (e.g. a company), the name is registered; or

• name is registered in terms of the process prescribed by the CPA.

These issues are just some of those that are dealt with in the CPA. It is important for all businesses to make sure that they are ready for the CPA. They will have to take steps to mitigate their risks against the CPA’s strict liability provisions. In addition, the wording of standard documentation should be checked for compliance with the act.

Written by Danie Strachan at Adams & Adams Attorneys. Contact: danie-s@adamsadams.co.za.

What are the consequences of living together?

The Domestic Partnership Bill of 2008 (the “Bill”), once introduced as an Act, will regulate the legal status of people of the opposite or same sex who are in a domestic partnership, but have not yet “tied the knot”.

1. The effects of unregistered domestic partnerships (general)

1.1 Life as we know it is all about the make-ups and the break-ups of relationships and we have all witnessed (I’m sure) the problems that couples face when their relationship or the domestic partnership (which I will refer to from now onwards) comes to a sudden halt. Literally it spells d.i.s.a.s.t.e.r!

1.2 Time and again people jump right into living together without thinking of the legal consequences thereof, the importance of wills and winding up of deceased estates, or have no legal understanding of the law. Before they realise, homes, motor vehicles, and other luxury items are bought, and verbal agreements are concluded and before the partners realize the situation, one is paying off certain items, other items are only in one of the partners name (bonds etc) and unexpectedly what you thought was true, never-ending love for each other suddenly comes to a complete end due to death, mutual agreement, or your better half (well that’s what you thought at the time) literally packs their bags and heads for the hills!

1.3 Now the looming question, if the property as mentioned above is not in your name, where exactly does it leave you and how will this affect your pocket? Often, couples are so madly in love that they fail to see past the break-ups and what the future may hold. I was always warned and advised that an agreement between two lovers should be agreed to as if they you were getting divorced, or separating at that present moment in time. This would save unnecessary legal fees and of course avoid those dreaded “settlement agreements” that can never be agreed upon.

2. Domestic Partnership Bill, 2008

2.1 According, it brings me great pleasure to advise you that there is light at the end of the big, dark tunnel. The Bill was drafted to afford all partners equality before the law1, the right to equal protection and benefit of the law . Therefore legally recognizing and protecting partners in a domestic partnership, and allowing the partners the opportunity to share in some of the rights and obligations that flow automatically from a marriage. The Bill is aimed at providing partners with certainty and greater understanding of the topic.

2.2 A look into traditions of today:

As we move towards the new and kick out the old, traditions come and go, and society’s beliefs change the word “marriage” for some brings a chill to their spine, and almost sounds somewhat archaic. However as human nature has it, we all still want what rightfully belongs to us (or what belongs to others but which we believe rightfully belongs to us!). At the end of the day we want our possessions protected.

2.3 In my view, the Bill has done just that, it provides rights and obligations to domestic partners who are not concerned with registering any form of partnership. The Bill has identified all the important and relevant aspects pertaining to unregistered domestic partnerships such as such as property division after termination of unregistered domestic partnerships either through death or suspension, maintenance after termination of the unregistered domestic partnership, as well as intestate matters (persons dying without leaving a will)2.

3. DIVISION OF THE PROPERTY

3.1 The Bill provides domestic partners the rights to apply to Court on application to obtain a court order in respect of the above three aspects of unregistered partnerships.

The Court however takes into account certain factors such as the duration and the nature of the relationship, the degree of financial assistance, dependence or interdependence, arrangements regards financial support, performance of household duties, ownership and use of as well as acquisition of the property, the principles of justice, fairness and equality, and the interests of both parties as well as their individual needs depending on the facts of each individual case.

3.2 Additionally the partner applying for the court order may not at the time of the application to Court be a spouse in any civil marriage, or a partner in any civil union or be in a registered domestic partnership with a third party. Further, one of the partners in the domestic partnership is required to be a South African citizen and/or a permanent resident of South Africa. It is important to keep in mind that the application is required to be lodged within 2 (two) years of the separation3.

4. MAINTENANCE

4.1 Unregistered partners do not have the same duty of support as registered partners do, except as for provided in the Bill. The Bill deals specifically with maintenance with regards to when the partners have separated as well as if a death has occurred in the domestic partnership.

4.2 Separations and the effect on maintenance in terms of Section 28 of the Bill

After separation a Court may, upon application make an order which is just and equitable in respect of the payment of maintenance by one unregistered partner to the other for a specified period, taking into account certain necessary and relevant factors such as age of the partners, duration of the relationship, standard of living, respective contributions to the relationship, and respective earning capacities etc.

4.3 Death and the effect on maintenance in terms in terms of Section 29 of the Bill

4.3.1 A surviving unregistered domestic partner may after the death of the other unregistered domestic partner, bring an application to a Court for an order for the provision of his or her reasonable maintenance needs from the estate of the deceased until his or her death, re-marriage or registration of another registered domestic partnership, insofar as he or she is not able to provide therefore from his or her own means and earnings.

4.3.2 The Courts will then make a just and equitable order taking into account all relevant circumstances and necessary factors which are listed in paragraph 4.2. above.

4.4 Intestate Succession and the effect on maintenance in terms of Section 31 of the Bill

4.4.1 If your partner dies intestate (i.e. without a will), the surviving partner has the option of bringing an application to Court for an order to inherit the intestate estate in terms of the Intestate Act 81 of 1987.

• Example: if the deceased is survived by an unregistered domestic partner as well as a child or children, the partner will inherit a child’s share of the intestate estate or R125 000.00, bearing in mind that the application should be made within 2 (two) years after the deceased’s death and further applications would be necessary if the estate had already been wound up.

5. South African legislation compared to countries around the globe (comparative analysis of other jurisdictions)

In other jurisdictions such as Australia, New Zealand, Washington DC, Nevada and California domestic partnerships are regarded as the equivalent to marriages or same sex unions, although the concept is still evolving from place to place. Accordingly if we compare South Africa (a developing third-world country) with other first-world countries, we are keeping up with the international trends, positively accepting change and allowing legislation to influence our community and its needs in every aspect of everyday life.

Please do not hesitate to call us should you have any further queries or should you require any further legal advice regards this topic.

Notes:

1. Section 9(1) of the Constitution of the Republic of South Africa 1996.

2. Chapter 4 of the Bill which deals specifically with section 26 to Section 33.

3. Section 31 of the Bill.

New rules for waste collection come into effect

The National Domestic Waste Collection Standards, which sought to redress the past imbalances in the provision of waste collection services, would come into effect on February 1.

Water and Environmental Affairs Minister Edna Molewa published the standards under the National Environmental Management: Waste Act.

It aimed at providing a uniform framework within which domestic waste should be collected in South Africa.

It came after a consultative process with provinces, municipalities and the general public, and was expected to guide municipalities on how to provide an acceptable, affordable and sustainable waste collection service for enhanced human health and environmental improvement.

The standards covered the levels of service, separation at source (between recyclable and non-recyclable materials), collection vehicles, receptacles, collection of waste in communal collection points, and most importantly, the frequency of collection.

With regard to the issue of separation at source, the document said that this should be encouraged and supported in line with industry waste management plans.

It also stated that all domestic waste must be sorted at source in all metropolitan and secondary cities, and that the service provider, or municipality must provide clear guidelines to households regarding types of waste, the sorting of waste, appropriate containers, and the removal schedules for each type of waste.

The Department of Environmental Affairs (DEA) said that non-recyclable material – such as perishable food waste – must be collected at least once a week, and recyclable material – such as paper, plastic, glass – must be collected once every two weeks.

Municipalities had a choice on whether or not to provide different types of bins, taking into consideration the type of vehicles they use. However, the bins should be rigid and durable to prevent spillage and leakage.

The DEA added that the development of the standards took into consideration the existing practices at local government level across the country and sought to build on what has already been

8 vehicles your driver will require a PrDP for

If your employees drive any of the following vehicles, they must hold a valid license card, endorsed with an appropriate PrDP:

1. Bus, vehicle or minibus seating more than 12 passengers (driver included), whether or not it has enough seats, and irrespective of its weight.
2. Any vehicle used to transport people for payment, e.g. a taxi or ambulance.
3. Goods vehicle, weighing over 3500kg
4. Breakdown vehicle e.g. a tow truck
5. Heavy goods vehicle, loaded or empty (codes: C1, C, EC1 and EC)
6. Goods vehicle carrying dangerous goods
7. Road tank vehicle for petroleum-based flammable liquids
8. People who drive these vehicles occasionally, such as truck salesmen, diesel mechanics (who need to test drive the vehicles) also need to have a PrDP

Consumer Protection Act

The DTI has, not unexpectedly, deferred the implementation date of the Consumer Protection Act to 31 March 2011.

This provides some breathing space for input into regulations, and for industries / associations to lobby their statutory / regulatory bodies to apply for exemption from provisions of the Act where their own legislation adequately protects the rights of consumers (patients).

Lift, Escalator And Passenger Conveyor Regulations, 2010

Take note that the Minister of Labour has under section 44(1) of the Occupational Health and Safety Act, Act 85 of 1993 incorporated the hereinafter listed standards into the Lift, Escalator And Passenger Conveyor Regulations, 2010.

This notice was given in Government Gazette 33561,Regulation Gazette 9380 Government Notice Regulation GNR. 829 dated 17 September 2010.

The incorporated standards are:
• "SANS 1543": the specification for escalators and passenger conveyors, published by the South African Bureau of Standards;
• "SANS 1545-1": the specification for lifts: Safety rules for the construction and installation of lifts: Part 1: Electric lifts, published by the South African Bureau of Standards;
• "SANS 1545-2": the specification for lifts: Safety rules for the construction and installation of lifts: Part 2: Hydraulic lifts, published by the South African Bureau of Standards;
• "SANS 1545-3": the specification for lifts: Safety rules for the construction and installation of lifts: Part 3: Lifts for persons with physical disabilities (stair-lifting platforms), published by the South African Bureau of Standards;
• "SANS 1545-4": the specification for lifts: Safety rules for the construction and installation of lifts: Part 4: Lifts for persons with physical disabilities (vertical platforms), published by the South African Bureau of Standards;
• "SANS 1545-5": the specification for lifts: Safety rules for the construction and installation of lifts, Part 5: Electric and hydraulic access, goods only lifts, published by the South African Bureau of Standards;
• "SANS 1545-6": the specification for lifts: Safety rules for the construction and installation of lifts: Part 6: Rack and pinion lifts, published by the South African Bureau of Standards;
• "SANS 1545-9": the specification for lifts: Safety rules for the construction and installation of lifts: Part 9: Lift landing doors fire resistance testing, published by the South African Bureau of Standards;
• "SANS 50280": standard for the design, safe use and maintenance of scissors lifts, published by the South African Bureau of Standards;
• "SANS 10360": the standard for the maintenance and repair of electric and hydraulic powered lifts, escalators and passenger conveyors, published by the South African Bureau of Standards;
• "SANS 21": the specification for escalators, safety rules for the construction and installation of escalator and passenger conveyors;
• "SANS 50081-1": the specification for electric lifts, safety rules for the construction and installation of lifts, published by the South African Bureau of Standards;
• "SANS 50081-2": the specification for hydraulic lifts, safety rules for the construction and installation of hydraulic lifts, published by the South African Bureau of Standards.

Broken sewage works info not for public - govt

Water

Published 15 Sep 2010 Article by: Sapa0 Comments Information on hundreds of dysfunctional sewage treatment plants will not be made public, the government said on Wednesday.

In a written reply to Parliamentary questions, Water and Environmental Affairs Minister Buyelwa Sonjica said that revealing such information could lead to "serious misinterpretation" of the data.

"What is available and was published... in the 2009 Green Drop Report, is the summary of the performance of each of the 449 WWTWs [waste water treatment works] that were assessed," she said.

The Green Drop Report - an audit of 449 of South Africa's 852 municipal WWTWs, conducted between August 2008 and July 2009 - was released, after long delays, in April this year.

According to the document, a total of 403 facilities were not assessed owing to, among others, "municipal officials not sufficiently confident in their levels of competence" and "municipalities not managing waste water services according to expected requirements".

It also found that of the 449 works that were assessed, skills shortages had resulted in many not being operated correctly and "the effluent water quality is no longer compliant".

Among the Parliamentary questions posed to Sonjica - by Democratic Alliance (DA) MP Annette Lovemore - was whether information for all WWTWs would be made available to the public, and if not, why not.

The Minister replied: "No, such detail [sic] information is not available to the public. Revealing details of such a high technical nature will lead to unnecessary additional administrative challenges and serious misinterpretation."

Speaking to Sapa, Lovemore said that not making public information on potential threats to people's health was unacceptable.

"It's not acceptable. Each municipality is required to report on results [from WWTWs] each month. If there is a health risk, people should be told."

She said that over and above the risks to human health of sewage water finding its way into rivers and streams, the contaminated water also affected crop irrigation, drinking water for livestock and the health of the environment.

In her reply, Sonjica further said that not all WWTWs had been issued licenses or permits to operate. She did not say how many.

Reasons for municipal sewage works not having operating licenses included that some had not applied for one, some did not meet the standard required for a license, and others had "insufficient capacity" to submit the application.

Her department had launched a special project "to address the current backlog in licences", she said.

Refugees Act, 1998

To amend the Refugees Act, 1998, so as to amend, insert and delete certain definitions; to clarify how applications for refugee status rejected as manifestly unfounded and unfounded must be dealt with; to empower the Director-General to establish the Status Determination Committee; to revise the provisions relating to withdrawal of refugee status; and to provide for matters connected therewith.

Just how long after an IOD must our company continue paying?

Compensation for temporary total or partial disablement

“(3)(a) Notwithstanding section 29 the employer in whose service an employee is at the time of the accident shall be liable for the payment of the compensation referred to in subsection (1) for the first three months from the date of accident.”

Medical practitioners must be insured

Regulations published on 30 August 2010 under the Health Professions Act require health practitioners, which include doctors, specialists, dentists and psychologists practising for their own account, whether in partnership, association or by way of a company allowed for in the Act, to obtain professional indemnity insurance. The insurance must be obtained from an insurer registered under the Short-term Insurance Act.

The requirement does not extend to those practitioners employed, for example, by the State at provincial hospitals. That is presumably on the basis that the State is liable for the negligent conduct of those professionals and has the financial means to meet any judgment.
Medical practitioners have not previously been required to be appropriately insured for medical malpractice claims. In some circumstances, patients with meritorious medical malpractice claims against practitioners have found the practitioner to be uninsured and without any funds to meet a judgment.

So much for the good news!

There are problems with the regulations.

The extent of the insurance cover required is not stipulated. Even cover of R10 000.00 per an event is wholly inadequate. On the face of the regulation, a medical practitioner who obtains professional indemnity cover for R1.00 will comply with the regulation.

The regulation is also silent on what would be considered adequate cover in the aggregate. For example, where an obstetrician obtains cover for an exposure of say R10m for any claim, that is well and good but will be of a limited benefit where there are two or three such claims. The aggregate should therefore not be limited to the amount of a single claim. A greater annual aggregate of all possible claims is needed.

The question also arises whether the cover must be taken out for claims made during the insured period. Nor is provision made for any run-off cover. For example, a doctor will comply with a regulation where at all times while practising, the doctor had maintained a professional indemnity insurance policy in place but immediately the practitioner retires, the policy ceases. Cover is therefore needed for all claims that arose during the practitioner's working life during which the professional indemnity cover was maintained.

Because of the general three year prescription period and a longer period (up to 19 years) when the patient is a minor, a claim may only be made against the practitioner well after retirement or when the practitioner has ceased to practise medicine and embarked on another career.

These issues should have been dealt with.

Where a practitioner has indemnity cover from an entity other than a short-term insurer, for example, through membership of a recognised society or organisation such as a medical protection society, then that society or organisation has to register as an insurer under the Short-term Insurance Act within four months of 30 August 2010.

That four month registration period is clearly too short and extensions may have to be granted.

The regulations are promulgated under a section of the Health Professions Act which allows the Minister of Health to determine conditions under which a practitioner may practise, after consultation with the Health Professions Council. It is presumed that the appropriate consultations were held and that the effect of requiring indemnity cover to be obtained only via a registered insurer was duly considered. But was this attempt to force medical protection societies to register as insurers subject to proper consultation?

Practitioners with an independent practice who currently have indemnity cover via membership of a recognised society or organisation will have a four month period of grace within which to obtain insurance through a registered insurer. That may involve the relevant society or organisation obtaining the appropriate registration, alternatively, the mounting of any successful challenge by the relevant society or organisation to the regulations or insuring for limited losses only.

Written by: Donald Dinnie, Director, Deneys Reitz Inc.

Voluntary Disclosure Programme and Taxation Laws Second Amendment Bill [B29 - 2010]

To -

• introduce a voluntary disclosure programme;
• amend the Transfer Duty Act, 1949, so as to provide for electronic submission of returns and electronic payment of duty;
• amend the Income Tax Act, 1962, so as to amend certain provisions;
• amend the Unemployed Insurance Contributions Act, 2002, so as to effect a technical correction;
• amend the Mineral and Petroleum Resources Royalty (Administration) Act, 2008, so as to
• amend certain provisions; and
• provide for matters connected

UPDATES TO NOTE
The following changes in Legislation were passed that could impact on Occupational Health and Safety Practitioners

Commencement of Amendments to the:
•Domestic Violence Act
•Magistrates' Court Act
•Maintenance Act

Amendments have been made to the Policies and Regulations published under the following Acts:
•Health Professions Act
•National Education Policy Act
•National Environmental Management Act

Compensation for Occupational Injuries and Diseases Act and Regulations (130/1993)
•Standard Assessment Rate Changes 2009 and 2010

Health Professions Act and Regulations (56/1974)
• Amendment of Ethical Rules of Conduct for Practitioners Registered under the Health Professions Act, 1974
• Regulations relating to Fines which may be Imposed by a Committee of Enquiry against Practitioners found Guilty of Improper or Disgraceful Conduct under the Health Professions Act, 1974