MOLAO O RENG?

Molao is a Sotho word meaning law, the loose translation of the above topic is “what
does the law say”. As Bakone Hub launches its online magazine, it has found
it necessary to introduce a legal column featuring general legal awareness,
discussion of case law, and legal opinions.
Wikipedia defines law as “a system of rules that are created and enforced through
social or governmental institutions to regulate behaviour.” Furthermore law is
regarded as a system that helps to regulate and ensure that a community show
respect and equality amongst themselves.
It is a fact that law is applicable in every little thing we do in life. For example at
work; labour laws applies, while driving the are rules of the road regulated by law,
when we are born and die, our birth must be registered as prescribed in the laws
same to be done when one dies. Moreover it is even at death, what we leave behind
when we die must also be dealt with in terms of the law. In marriage too, the law
applies, so is in divorce and when bringing up the children born in or out of a
marriage.
Are we then aware of the laws which are applicable to every situation we are
confronted with? Is the government doing enough awareness to make sure that
citizens are aware of their legal rights and what to do in times of uncertainty or
challenges? Or we only become aware of the law when we are arrested or sued?
Who has a duty to make sure we are aware of what the law say, where to reportwhen
my personal data is stolen whilst in possession of a third?
Our government has various Departments which administers the legislation. I am
of the view that all Departments and other government institutions have a duty to
communicate their legislations to the general members of the public. It is disturbing
to hear comments or views from these institutions soon after an impactful incident
and thereafter deafening silent. We are a country with many legislations. In a way
of sampling, the department of Justice and Constitutional Development administers
a rough estimate of about 177 (one hundred and seventy seven) Acts. In past few
years it had the following Bills as extracted from the Department’s website:
 Legal Practice Amendment Bill [B11-2017]: Explanatory summary, GG 40804, GN
312, 21 Apr 2017
To amend the Legal Practice Act, 2014, so as to further regulate the prescription of
the areas of jurisdiction of the Provincial Councils; to provide that only practising
legal practitioners may perform certain acts or render certain services; to further
regulate the duties of banks in respect of trust accounts; to further regulate the
duration of the National Forum on the Legal Profession; to further provide for the
functions of the National Forum on the Legal Profession; to further provide for the
dissolution date of the law societies; and to provide for matters connected therewith.
 International Arbitration Bill [B10-2017], Mar 2017, Explanatory Summary
To provide for the incorporation of the Model Law on International Commercial
Arbitration, as adopted by the United Nations Commission on International Trade
Law, into South African law; to provide anew for the recognition and enforcement of
foreign arbitral awards; to repeal the Recognition and Enforcement of Foreign Arbitral
Awards Act, 1977; to amend the Protection of Businesses Act, 1978, so as to delete
an expression; and to provide for matters connected therewith.
 Cybercrimes and Cybersecurity Bill [B6-2017]; Discussion Document & Media
Briefing, Jan 2017
To create offences and impose penalties which have a bearing on cybercrime; to
criminalise the distribution of data messages which is harmful and to provide for
interim protection orders; to further regulate jurisdiction in respect of cybercrimes;
to further regulate the powers to investigate cybercrimes; to further regulate aspects
relating to mutual assistance in respect of the investigation of cybercrime; to provide
for the establishment of a 24/7 Point of Contact; to further provide for the proof of
certain facts by affidavit; to impose obligations on electronic communications service
providers and financial institutions to assist in the investigation of cybercrimes and
to report cybercrimes;
 Criminal Procedure Amendment Bill, Feb 2017 [B 2—2017]
To amend the Criminal Procedure Act, 1977, so as to provide the courts with a wider
range of options in respect of orders to be issued in cases of findings that accused
persons are not capable of understanding criminal proceedings so as to make a
proper defence; or that accused persons are by reason of mental illness or mental
defect or for any other reason not criminally responsible for the offences they are
charged with; to clarify the composition of the panels provided for in section 79 to
conduct enquiries into the mental condition of accused persons; and to provide for
matters connected therewith.
 Traditional Courts Bill [B1-2017], Jan 2017
To provide a uniform legislative framework for the structure and functioning of
traditional courts, in line with constitutional imperatives and values; and to provide
for matters connected therewith.
 Traditional Courts Bill and Summary, 30 Nov 2016
To provide a uniform legislative framework for the structure and functioning of
traditional courts, in line with constitutional imperatives and values; and to provide
for matters connected therewith.
 Implementation of the Rome Statute of the International Criminal Court Act Repeal
Bill [B23-2016], Nov 2016
Explanatory summary, GG 40403, GeN 747, 03 Nov 2016 [Afr]
To repeal the Implementation of the Rome Statute of the International Criminal Court
Act, 2002; and to provide for matters connected therewith.
 Invitation to comment on the Prevention and Combating of Hate Crimes and Hate
Speech Bill, October 2016
To give effect to the Republic’s obligations in terms of the Constitution and
international human rights instruments concerning racism, racial discrimination,
xenophobia and related intolerance in accordance with international law obligations;
to provide for the offence of hate crimes and
the offence of hate speech and the prosecution of persons who commit those crimes;
to provide for appropriate sentences that may be imposed on persons who commit
hate crime and hate speech offences; to provide for the prevention of hate crimes
and hate speech; to provide for the reporting on the implementation, application and
administration of this Act; to amend certain Acts of Parliament consequentially; and
to provide for matters connected therewith.
 Judicial Matters Amendment Bill [B14-2016]: Explanatory summary, GG 40274, GeN
588, 14 Sep 2016 [Memorandum on the Objects of the Bill]
Clause 1 amends section 9 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944)
(hereinafter referred to as “the Magistrates’ Courts Act”), dealing with the
appointment of judicial officers. Section 12 of the Magistrates’ Courts Act, provides
for the powers of judicial officers. Section 91A of the Promotion of Access to
Information Act, 2000 (Act No 2 of 2000), deals with the designation and training of
presiding officers to adjudicate over aspects provided for in the Act relating to access
to information. Section 9A of the Promotion of Administrative Justice Act, 2000 (Act
No. 3 of 2000) (hereinafter referred to as “the Promotion of Administrative Justice
Act”), deals with the designation and training of presiding officers to adjudicate over
aspects arising from the Act relating to administrative actions. Section 16 of the
Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4
of 2000) (hereinafter referred to as “the Promotion of Equality and Prevention of
Unfair Discrimination Act, 2000”), deals with the designation and training of presiding
officers to adjudicate over aspects arising from the Act relating to equality and unfair
discrimination.
 The Courts of Law Amendment Bill, April 2016.
The purpose of the Bill is to amend various sections of the Magistrates’ Courts Act,
1944 (Act No. 32 of 1944)(the MCA), in order to address alleged abuses in the
emoluments attachment order (EAO) system. It further seeks to amend the sections
of the MCA dealing with the rescission or abandonment of court judgments to
accommodate the Department of Trade and Industry’s (the dti) removal of adverse
consumer credit information project. The amendments have a bearing on civil debts
and are aimed at protecting debtors who often find themselves in financial difficulties
as a result of debts incurred by them and who cannot escape the “debt trap” due to
the abuses that seem to be taking place in this area of the law and also to put in
place measures that will assist them in overcoming the effects of court judgments
relating to their continued indebtedness. The Bill further amends the Superior Courts
Act, 2013 (Act No. 10 of 2013)(the SCA), to provide for the rescission of judgments
with the consent of the judgment creditor and for the rescission of judgments where
the judgment debt has been settled.
 International Arbitration Bill [B5-2016] 17 Mar 2016
To provide for the incorporation of the Model Law on International Commercial
Arbitration, as adopted by the United Nations Commission on International Trade
Law, into South African law; to provide anew for the recognition and enforcement of
foreign arbitral awards; to repeal the Recognition and Enforcement of Foreign Arbitral
Awards Act, 1977; to amend the Protection of Businesses Act, 1978, so as to delete
an expression; and to provide for matters connected therewith.
 Protected Disclosures Amendment Bill [B40-2015], Dec 2015
To amend the Protected Disclosures Act, 2000, so as to extend the application of the
Act to any person who works or worked for the State or another person or who in
any manner assists or assisted in carrying on or conducting the business of an
employer or client as an independent contractor, consultant, agent or person
rendering services to a client while being employed by a temporary employment
service; to regulate joint liability of employers and their clients; to introduce a duty
to inform employees or workers who have disclosed information regarding unlawful
or irregular conduct; to provide for immunity against civil and criminal liability flowing
from a disclosure of information which shows or tends to show that a criminal offence
has been committed, is being committed or is reasonably likely to be committed; to
create an offence for the disclosure of false information; and to provide for matters
connected therewith.
 Debt Collectors Amendment Bill, Oct 2015
To amend the Debt Collectors Act, 1998, so as to amend and insert certain
definitions; to make the Act applicable to attorneys; to make provision for the
registration and regulation of debt collectors interns; to provide that the list of
registered debt collectors may be submitted to Parliament electronically; to further
regulate the processes dealing with improper conduct of debt collectors; to provide
for the payment of admission of guilt fines by debt collectors in respect of certain
cases of improper conduct; to provide for the appointment of inspectors to assist the
Council for Debt Collectors with investigations of complaints against debt collectors;
to empower the Council for Debt Collectors to tax or assess any account or statement
of costs; to further regulate the administration of trust accounts of debt collectors;
to extend the matters in respect of which regulations may be made; to empower the
Council for Debt Collectors to delegate certain of its powers and functions; to
empower the Council for Debt Collectors to exempt debt collectors from certain
requirements of the Act; to require the Rules Board for Courts of Law and the Council
for Debt Collectors to make recommendations to the Minister on fees and expenses
payable in respect of debt collection; and to provide for matters connected
therewith.
 Justice Administered Fund Bill, [B26-15] Sep 2015
To provide for the establishment of a Justice Administered Fund; to regulate for
management, control, investment and utilisation of money in the Fund; and to
provide for matters connected therewith.
Justice Administered Fund Bill: Explanatory summary, GG 39289, GN 987, 14 Oct
2015
 Attorneys Amendment Bill, [B9-2014], July 2014
 Combating of Torture Bill [B21-2012], 2012: Objects Memo and Explanatory
summary, (G 35412, GN 457), 1 June 2012
 Judges’ Remuneration and Conditions of Employment Amendment Bill, [B12 – 2011],
08 Jul 2011
 Constitution Eighteenth Amendment Bill, [B8 – 2011], 10 Jun 2011
However, since 27 April 1994 and with the birth of the Constitution as the supreme
law of the country the Department of Justice and Constitutional Development has
promoted 108 (one hundred and eight) Bills.
South Africa has taken a quick shift from high percentage of public employees to
entrepreneurs, due to lack of job opportunities after new graduates has completed
their education of higher learning. The department of Trade and Industry is a
custodian of its own legislations. In a nutshell there maybe thousands of
legislations in South Africa. Currently the Department of Trade and Industry
administers about 42 (forty two) legislations. What is interesting is, there are
categories of legislations which I strongly believe that someone sitting in some
village at Limpopo, Mpumalanga, Eastern Cape or North West including the highly
urban provinces has never heard about before, excluding the Broad-Based Black
Economic Empowerment Act 53 of 2003, amended by Act 46 of 2013, commonly
known as BEE Act. Just to name a few there are legislations which we are
unfamiliar of and are applicable to our daily living too, either in a personal or
business space:
 Accreditation for Conformity Assessment, Calibration and Good Laboratory
Practice Act 19 of 2006;
 Legal Metrology Act 9 of 2014;
 Sugar Act 9 of 1978;
 Counterfeit Goods Act 37 of 1997 as amended by Act 5 of 2001
 Alienation of Land Act 68 of 1981 as amended by Act 103 of 1998
 Companies Act 71 of 2008
 Consumer Protection Act 68 of 2008, and
 Trade Marks Act 38 of 1997 as amended by Act 28 of 2013:
What we consume and buy is regulated by law and it must be in accordance with
standards and specifications. How many times do we check the packaging, maybe
of RAJAH curry, do we even know the trademark owner or to identify the fake
RAJAH1 curry powder from original packaging or we just consume? Trademark
owners spend millions on their products and fake products are produced and sold
daily.
This upcoming column is meant to assist and make us aware of the law. We can
built each other and share legal knowledge. The legal field is wide and we can
never know it all except by sharing our legal views and opinions.
In conclusion, parents beware of the judgement of 19 October 2017, it may land
you into trouble, the reasonable chastisement2 of children is declared
unconstitutional and it is no longer applicable as a defense in South African law.
1 The fake RAJAH case is ongoing at the Specialised Commercial Crimes Court in Pretoria, value of the seized
fake RAJAH approximately R9million.
2 YG v S (A263/2016)[2017] ZAGPJHC 290 (19 October 2017), see also http:www.businesslive.co.za
By: Karina Malapane  www.malapaneattorneys.co.za
©=copyrighted

2 thoughts on “MOLAO O RENG?”

  1. Hi theгe mates, its impressive article гegarding tutoringand ϲompletely defined, ҝeep it up all
    the time.

  2. Hi there everybody, here every one is sharing these familiarity, so it’s pleasant to read this blog, and I used to visit this blog all the time.| а

Leave a Reply

Your email address will not be published. Required fields are marked *