Ramaphosa signs 3 new laws for South Africa

President Cyril Ramaphosa has signed three new laws for South Africa, which look at housing consumer protection, the development of agriculture and the pollution from ships.

Ramaphosa has signed several new laws over the last year, with many drawing the ire of other political parties.

Last week, Ramaphosa signed the Expropriation Bill into law, which allows the state to, under certain circumstances, expropriate land for the public interest.

The signing of the Bill led to an angered response from the Democratic Alliance, which is the second-largest party in the Government of National Unity (GNU).

The DA said that it was blindsided by the signing of the law despite its member Dean Macpherson being the Minister of Public Works and Infrastructure.

The ANC said that the Bill follows section 25 of the Constitution, which recognises expropriation as an essential mechanism for the state to acquire someone’s property for the public interest.

This was not the first issue between the DA and ANC, with Ramaphosa signing the BELA Bill into law in September.

There have also been tensions over the National Health Insurance Bill, with the DA opposed to the law in its current form, which limits the power of medical aid in the country.

However, the latest three Bills signed by Ramaphosa seem unlikely to draw any negative response from its main coalition partner.

The new three Bills are the:

• Housing Consumer Protection Bill
• Preservation and Development of Agricultural Land Bill 
• Marine Pollution (Prevention of Pollution from Ships) Amendment Bill

Housing Consumer Protection Bill

Ramaphosa signed the Housing Protection Bill, which aims for greater protection for housing consumers and support for new entrants in the home building industry.

The new law aims to address challenges identified by the Department of Human Settlements and the National Home Builders Registration Council over the Housing Consumers Protection Measures Act of 1998.

The NHBRC protects housing consumers from unscrupulous homebuilders that deliver substandard houses, poor workmanship and bad quality material.

The new law seeks to give adequate protection to housing consumers and effective regulation of the home building industry by:

• Strengthening the regulatory mechanisms,
• Strengthening the protection of housing consumers,
• Introducing effective enforcement mechanisms and
• Prescribing appropriate penalties or sanctions to deter non-compliance by homebuilders

The law deals with such matters as the personal liability of the members, directors or trustees of a homebuilder; duties of estate agents, financial institutions and conveyancers, and codes of conduct for NHBRC members, homebuilders, developers and other industry role players.

The law will not only apply to builders but also to owner-builders who are now required to register with the registration council.

The law applies to repairs, renovations, alterations and extensions to an existing home under the NHBRC’s regulatory regime.

It also aims to address the economic transformation of the building industry via the introduction of provisions relating to the warranty fund surplus.

This can be used for the developmental programmes for the homebuilding industry.

Preservation and Development of Agricultural Land Bill 

Ramaphosa also signed the Preservation and Development of Agricultural Land Bill, which aims to ensure that agricultural land supports long-term food production and contributes to economic growth.

“The law supports the government’s objectives and priorities in respect of the sustainable management and use of natural resources,” said the Presidency.

“It also sets out a countrywide policy and regulatory framework for the preservation and development of agricultural land.”
 
The law also creates an enabling environment for the development of the agricultural sector and its contribution to economic growth.

It also seeks to protect and preserve agricultural land and its productive use to ensure that the land is available and viable for the development of the agricultural sector.

“Among other initiatives, the legislation sets out the purpose of provincial agricultural sector plans which will secure the coordination and harmonising of agricultural land use policies and plans to preserve a sustainable agricultural environment.”

Marine Pollution (Prevention of Pollution from Ships) Amendment Bill

Ramaohosa also signed the Marine Pollution (Prevention of Pollution from Ships) Amendment Bill which provides for stronger measures to better protect our oceans from ship-related pollution. 

With South Africa having a coastline of more than 3,000 km, the new law is vital to the nation’s environmental and economic activity.

It is also a contribution to the global efforts to protect the marine environment and sustainable economic exploitation.

South Africa has a large marine economy, which supports 400,000 jobs in areas across the existing marine economic sectors of shipping, associated construction, tourism and fisheries.

The law was born out of the recognition that ships can pollute oceans in several ways from oil spills to harmful chemical sewage and garbage.

The law also amends the Marine Pollution Act to incorporate Annex IV and Annex VI of the International Convention for the Prevention of Pollution from Ships.

Annex IV regulates the activities for the treatment and safe disposal of sewage from ships.  

Annex VI is the primary global instrument that addresses ship energy-efficiency management and Greenhouse Gas emissions.

“The amended legislation broadens the powers of the Minister of Transport to make regulations relating to, among others, the prevention of air pollution from ships and the prevention of pollution by sewage from ships,” said the Presidency.

The new law also increases fines from R500,000 to R10 million for any person convicted of serious offences under the Act or the international Convention which forms part of South African law.