South Africa Policy, Plans and Priorities


Environment, Physical Planning, Health & Safety, Consumer Protection



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1.13Environment, Physical Planning, Health & Safety, Consumer Protection



Environment
The National Environment Management Act No 107 of 1998 provides a legal framework for environmental developments. An Environmental Impact Assessment (EIA) is required in certain circumstances at national and provincial levels with about 100 applications processed each year.

Consumer Protection
Consumer Affairs (Unfair Business Practices) Act, No. 71 of 1988 provides for the prohibition or control of certain business practices; and connected matters.
Consumer Protection Act No 68 of 2008 promotes a fair, accessible and sustainable market place for consumer products and services and provides effective means of redress for consumers. It establishes national norms and standards for consumer protection, provides for improved consumer information, prohibits unfair marketing and business practices, promotes responsible consumer behaviour, promotes a consistent framework legislative and enforcement framework relating to consumer transactions and agreements and forms the National Consumer Commission.

National Credit Regulator
The National Credit Regulator (NCR) was established as the regulator under the National Credit Act No. 34 of 2005 (The Act) and is responsible for the regulation of the South African credit industry. It is tasked with carrying out education, research, policy development, registration of industry participants, investigation of complaints, and ensuring the enforcement of the Act.

The Act requires the Regulator to promote the development of an accessible credit market, particularly to address the needs of historically disadvantaged persons, low income persons, and remote, isolated or low density communities.

The NCR is also tasked with the registration of credit providers, credit bureaux and debt counsellors; and with the enforcement of compliance with the Act.


Standards


Standards Act, No. 8 of 2008 recognises the South Africa Bureau of Standards (SABS) as the primary institution responsible for the development, promotion, and maintenance of standardisation, and the provision of conformity assessment services. SABS has the power to set, issue, amend, and withdraw standards. SABS also furnishes reports and issues certificates in connection with examinations, tests, analyses, calibrations, and any other assessments. The SABS may levy fees for setting and issuing a standard and for services rendered in connection with the provision of conformity assessment services. The SABS develops and maintains South African national standards (SANS), at the request of interested parties, and details the process to be used to set or amend them. South African National Standards (SANS) are harmonised as far as possible with international standards. There are over 440 technical committees and subcommittees administered by the SABS to develop standards.
The regulatory function previously performed by the SABS is carried out by the National Regulator for Compulsory Specifications (NRCS) established under the National Regulator for Compulsory Specifications Act (NRCS Act) 2008 to administer compulsory specifications. The NRCS Act provides the legal framework for the administration of technical regulations, maintained in the interests of public safety, health, and the environment.
The Agricultural Product Standards Amendment Act (Act No. 63 of 1998) is the main law regulating the setting of standards for agricultural products. Standards are set in consultation with the agriculture sector, consumer groups, and international standards setting bodies (e.g. the FAO / WHO Codex Alimentarius Commission, and various special advisory commissions under the World Organisation for Animal Health (OIE)). A South African national standard in respect of a product or service under the jurisdiction of the Agricultural Product Standards Act, 1990, or the Liquor Products Act, 1989, can be set or amended following an agreement between the SABS Board and the director-general of the department responsible for agriculture.
Trade Metrology Act, No. 77 of 1973 consolidates and amends the law relating to trade metrology, so as to ensure the accuracy of measuring instruments utilised in trade, on the basis of national measuring standards.

1.14Competition Policy & Law


Competition Act, No. 89 of 1998 provides for the establishment of a Competition Commission of South Africa (CCSA) responsible for the investigation, control, evaluation and prosecution of restrictive practices, abuse of dominant positions and mergers, prohibitions on anti-competitive conduct. The CCSA has the right to exempt firms from application of the Act. Exemptions are granted if the agreement or practice contributes to export promotion, assisting SMEs and historically disadvantaged persons to become competitive, stopping the decline of an industry or protecting the stability of any industry designated by the Minister responsible for that industry.
The Competition Tribunal of South Africa (CTSA) is responsible for adjudicating on large mergers and all restrictive practices and acts as an appeal body for CCSA decisions in regard to small and intermediate mergers and exemptions. The Competition Appeal Court handles appeals from decisions of CTSA and is a division of the High Court. The Act allows for exemptions from the provisions on anti-competitive practices where such practices promote the ability of black owned and black controlled enterprises to become competitive.
The National Energy Regulator of South Africa (NERSA) www.nersa.org.za regulates petroleum, gas, and electricity and sets and approves utility charges. Utilities (eg Sasol or Eskom) may not increase regulated rates or alter conditions of service without NERSA's approval. NERSA ensures that access to petroleum pipelines and loading and storage facilities is provided on the appropriate land, promotes competition amongst petroleum pipelines users and gas industries, as well as the optimal use of gas resources, and settles customer disputes. NERSA is financed with public funds, levies charged to regulated industries, charges on dispute resolution, and licence fees.
Telecommunications Act (Act No. 103) 1996


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