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Five new laws in South Africa are nearing the end of the legislative process and are awaiting President Cyril Ramaphoa’s signature to be assented.
The Bills look at the creation of a new state-owned bank, repealing apartheid-era laws, the formation of a new court and more.
All five of these Bills have passed through the National Assembly and National Council of Provinces and require the sign-off from the President to be enacted.
Although extremely unlikely, Ramaphosa can choose not to sign the Bills into law if he has concerns over their constitutionality.
This happened in 1999, when then-president Nelson Mandela referred the Liquor Bill to the Constitutional Court despite passing through the NA and NCOP.
The Court ruled that the Bill was unconstitutional, showing that the South African President has substantial power in passing laws in South Africa.
However, with 2024 being an election year and the ANC needing legislation for its election campaign, it is highly improbable that Ramaphosa will refer any of these matters to the Constitutional Court.
A comprehensive breakdown of the Bills, with information from the Parliamentary Monitoring Group (PMG), can be found below:
South African Postbank Limited Amendment Bill
The Postbank Amendment Bill aims to transfer the shareholding of the Postbank from the embattled South Africa Post Office (SAPO) to the government, allowing it to create a Bank Controlling Company (BCC) – a bank’s holding company.
The Bill also seeks to make amendments to the Act affected by the creation of the new holding company.
Through these changes, the Postbank will be able to operate as a fully-fledged, state-owned bank.
Repeal of the Transkeian Penal Code Bill
This Bill wants to repeal the last piece of apartheid legislation currently in South Africa.
The Bill currently contradicts the common criminal law that affects the rest of the country.
“The common law and rules which by virtue of the Code did not apply in the area formerly known as the Republic of Transkei, must, from the date of commencement of this Act, also apply in the area formerly known as the Republic of Transkei,” the Bill states.
Land Court Bill
The aim of the Bill is to create a Land Court, which will streamline appeals over land redistribution decisions.
It aims to create equal access to land in accordance with Section 25 of the Constitution while also addressing the huge backlog in pending land redistribution cases.
Traditional Courts Bill
The Bill aims to provide a uniform legislative framework and structure for traditional courts in South Africa, which aligns with the Constitution’s values.
It also aims to improve the effectiveness and integrity of traditional courts regarding the resolution of disputes.
Another objective of the Bill is to “facilitate the full and meaningful participation without discriminating against any member of a community in a traditional court in order to create an enabling environment which promotes the rights enshrined in Chapter 2 of the Constitution.
(Parliament has made some slight amendments to the Bill).
Communal Property Associations Amendment Bill
According to the PMG, this Bill was signed off by both the NA and NCOP in 2018.
It seeks to amend the Communal Property Associations Associations Act, 1996 via the following:
- Insert and delete certain definitions; to provide for clarity on the objective of communal property associations;
- To provide for the establishment of a Communal Property Associations Office and the appointment of a Registrar of Communal Property Associations;
- To provide for general plans for land administered by an association;
- To repeal the provisions relating to provisional associations; to provide improved protection of the rights of communities in respect of movable and immovable property administered by an association;
- To provide for name changes of associations;
- To improve the provisions relating to the management of an association that has been placed under administration;
- To provide clarity on the content of an annual report in respect of associations;
- To make provision for transitional arrangements; and to provide for matters connected therewith.
Read: New finance laws for South Africa – here are the changes
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