Government Notice No. 1348 of 2018

Land Bank and Agricultural Development Act (15/2002) » Proposed repeal of staff regulations made in terms of...

Title	Land Bank and Agricultural Development Act (15/2002) » Proposed repeal of staff regulations made in terms of the Act
Department	National Treasury
Gazette	National Gazettes, No. 42092 of 07 December, 2018, 1 page(s), 182Kb

STAATSKOERANT, 7 DESEMBER 2018                       No. 42092    37
                                                GOVERNMENT NOTICE
                                                           
                                                NATIONAL TREASURY
                                                  NATIONAL TREASURY
          NO. 1348                                                                          07 DECEMBER 2018
                                                                                                 2018
                No.
          
                            LAND AND AGRICULTURAL DEVELOPMENT BANK ACT, 2002:
                   PROPOSED REPEAL OF STAFF REGULATIONS MADE IN TERMS OF LAND BANK
                                                      ACT, 1944

1      Section 52(1) of the Land Bank and Agricultural Development Act, 2002 (Act No. 15
                of 2002 - the "2002 Act "), provides for transitional matters. In terms of section 52(1) of the
                2002 Act anything validly done in terms of the Land Bank Act, 1944 (Act No. 13 of 1944 - the
                "1944 Act "), continues to be valid and of full force and effect despite the repeal of the 1944
                Act by section 53 of the 2002 Act and any regulations made in terms of the 1944 Act remain
                in force until repealed in terms of section 49 of the 2002 Act. This means that the Land Bank
                Staff Regulations, which were published under Government Notice No. R. 585 on 17 April
                1964 and all amendments thereto, remain valid until repealed.
                2.     It should be noted that, in terms of-
                (a)    section 52(2) of the 2002 Act, every person who was an employee of the Land and
                       Agricultural Bank of South Africa operating in terms of the 1944 Act, immediately
                       before the repeal of the 1944 Act is regarded as having being appointed in terms of
                       section 17 or 19, as the case may be, of the 2002 Act, and the employment
                       agreement existing between that person and the Bank immediately before the
                       commencement of the 2002 Act continues to have full force and effect without any
                       change as if it had been concluded by virtue of the 2002 Act; and
                (b)    section 52(3) of the 2002 Act, unless every applicable provision of labour legislation
                       had been complied with and unless a person contemplated in section 52(2) of the
                       2002 Act agrees thereto in writing, the remuneration and other terms and conditions
                       of employment applicable to that person immediately before the commencement of
                       this Act remain applicable to that person after the commencement of the 2002 Act,
                       and he or she remains entitled to all rights, benefits and privileges to which he or she
                       was entitled immediately before the commencement of the 2002 Act. This includes
                       but is not limited to membership of a pension fund, membership of a medical aid
                       scheme, employer contributions in connection with such membership, accrued
                       pensionable service, accrued leave benefits, remuneration, leave benefits and
                       retirement at a specific age.
                3.     In terms of section 69(1)(b) of the 1944 Act the Minister had the power to make, upon
                the recommendation of the Board, regulations regarding the rights, privileges and duties of
                the staff, and the duties of other persons employed by the Land Bank, and the manner in
                which such duties shall be performed. However, the power to determine conditions of
                employment for employees of the Land Bank now vests with the Board following the repeal
                of the 1944 Act (section 19 of the 2002 Act).
                4.    The Land Bank Staff Regulations are outdated and conflict with employment
                legislation. The continued existence of the Land Bank Staff Regulations makes it difficult for
               the Land Bank to implement its policies adopted as contemplated in section 19 of the 2002
               Act.
               5.     Therefore, the Minister of Finance intends to repeal, acting in terms of section 49(1)
               of the 2002 Act, the Land Bank Staff Regulations, and all amendments thereto, made in
               terms of section 69(1)(b) of the 1944 Act, which were published under Government Notice
               No. R. 585 on 17 April 1964.
               6.     Public comment on the intended repeal of the Land Bank Regulations is invited and
               comment emailed to CommentDraftLegislation @treasury.gov.za by 25 January 2019 will be
               considered.

Type your email for free alerts on latest National Treasury notices as they are published

greengazette

Government Notice No. 1348 of 2018

Links

Publications

Insight