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No. 5 of 2008: National Regulator for Compulsory Specifications Act, 2008.
To provide for the establishment of the National Regulator for Compulsory Specifications of South Africa; to provide for the appointment of the Board of the National Regulator; 10 provide for the administration and maintenance of compulsory specifications in the interests of public safety and health or for environmental protection; and to provide for matters connected therewith.
Act No. S, 2008 NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT.
"importer" means an importer as defined in section 1(1) of the Customs and Excise Act, 1964 (Act No. 91 of 1964); "inspector" means a person appointed as an inspector in terms of section 16(1); "issue" with regard to a compulsory specification, includes making available by means of electronic, photographic or another medium; "letter of authority certificate" means a letter of authority issued to a manufacturer or importer in terms of section 5(2)(j): "manufacture" includes produce, assemble, alter. modify, adapt, convert, process or treal; "market surveillance inspe<:tion" means any activity of the National Regulator, other than testing, concerned with dctcrmining, either directly or indirectly, whether any or all of the requirements of a compulsory specification are met: "Minister" means the Minister responsible for trade and industry: "National Regulatorl' means the National Regulator for Compulsory Specifications of South Africa established by section 3(1): "premisesl' means any land or any building or other structure, and includes any train, boat, ship, aircraft or other vehicle; "prescribed'l means prescribed by regulation or notice in tenns of this Act; "produce' means any commodity that is manufactured or any agricultural proouc!'
having in possession for the purposes of sale, trade.
exchange, donate, lease or offer or display for leasing: "system l', with regard 10 a commodity, means a syslem which is designed to achieve a particular purpose or to perfonn a specific function; "this Acl'l includes a regulation made under section 36.
The purpose of the Act is to provide a legal framework for the administration and maintenance of compulsory specifications in the interests of public safety and health or for environmental protection in the Republic; and to establish the National Regulator to administer compulsory specifications.
The National Regulator is hereby established as a public entily.
The National Regulator is a juristic person and must operate and perform its functions in accordance wilh this Act.
The establishment of the National Regulator does not affect the validity of any action taken by the SABS prior to the commencement of this Act.
if) subject to subsection (2), concluding agreements with organs of state and other persons; or instituting or defending any legal aclion.
An agreement concluded in tenns of subsection (I)(j) may not conflict with any international requirement that is binding on the Nalional Regulator.
carry out market surveillance through inspection in order to monitor compliance with compulsory specifications; and enforce compliance with compulsory specifications.
Act No.5, 2008 NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT.
establish specialist consuhative committees to provide input into the process 10 interpret and implement compulsory specifications.
the reslofthc members, who are non-executive members and arc appointed by the Minister.
When appointing the members of the Board, the Minister must ensure that such members are broadly representative of the demographics of the country; and have sufticient knowledge, experience or qualifications relating to the functions of the National Regulator and the responsibilities of the Board.
The Minister must designate a member of the Board as chairperson.
Non-executive members of the Board hold office for a period not exceeding five years and are eligible for reappointment.
has, as a result of improper conduct, been removed from an office of trust; or has been declared by a court to be mentally ill or unfil.
Subject to Ihe Promotion of Administrative Justice Act 2000 (Aci No, 3 of 2000), the Minister may al any lime after consulting Ihe Board terminate the term of office of any member of the Board if there arc good reasons for doing so.
The conditions of appointment of members of the Board who are not in the employ of an organ of state, are determined by Ihe Minister, after consultation with the Minister of Finance.
The conditions of appointment may include remuneration and any allowance payable by the Board.
Members who are employed by an organ of state are not enti!
The Board must meet at least four times a year.
The chairperson of the Board decides when and where the Board will meet, out a majority of Board members may request the chairperson in writing to convene a meeting at a time set out in the request.
Act No. S. 2008 NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT.
If Ihe chairperson and the vice-chairperson are absent from a meeting, the Board may elect a member from among their number to preside at that meeting.
Decisions of the Board require thc supporting vole of a majority of members present at a meeting.
The Board must keep minutes of its proceedings and decisions.
The Board may, by resolution, make rules to further regulate its proceedings.
The Board may establish committees 0 assist it in Ihe perfonnance of its functions.
The Board must determine the composition, rules and procedures of committees established in terms of this section.
The Board may from time to time dissolve or reconstitute a committee.
Any decision taken by a committee established under this section must be ratified by the Board.
The Board must establish an Advisory Forum with a balance of interests consisting of representatives of organisations who have an interest in the matters contemplated in this Act.
The Advisory Forum must advise the Board on matters in respect of which the National Regulator could playa role; and any other matter on which the Board requests advice.
The Board must establish a constitution and, if necessary, rules for the Advisory Forum.
declare or amend a compulsory specification if a SANS or a provision of a SANS is not available in terms of paragraphs fa) and (b); or withdraw a compulsory specification.
may fix different dates on which different provisions of a compulsory specification come into operation.
Al'1 No.5, 2008 NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT. 2008 in which inlcrested persons arc invited to comment on the proposed compulsory specification in writing by not less than two months after the date of the publication of the preliminary notice.
The Minister must consult with the Minister responsible for administering any Act or regulations that regulate the import, sale or supply of any commodity, product or service.
A notice under subsection (1)(a).
require that importers and manufacturers be in possession of a letter of authority certificate issued by the National Regulator. in tenns of section amend a requirement referred to in paragraph (b): and withdraw a requirement referred to in paragraph (a), (b), (c) or (d).
The Minister may give effect to subsections (1) and (6) in the same notice.
The Minister may make regulations in terms of section 36 that set out the consultation process which must precede the declaration or amendment contemplated in subsection (I)(c).
No pcn;on may import, sell or supply a commodity, product or service to which a compulsory specification applies, except in accordance with that specification.
No person may import, sell or supply a commodity, product or service to which a compulsory specification applies, unless the commodity, product or service complies with, or ha<; heen manufactured in accordance with, the compulsory specification, or both: and if applicable, the distinctive mark referred 10 in section n(6)(a) has been applied to the commodity, product or service in the prescribed manner and the commodity, product or service has been marked in accordance with any requirements in telTl1s of section J3(6)(b).
Any person who imports, sells or supplies a commodity, product or service to which a compulsory specification applies, must keep or supply to the National ReguJatorsuch records as may be prescribed by the Minister.
pay such fees to the National Regulator as may be prescribed by the Minister after consultation with the Minister of Finance.
The National Regulator may issue a sales permit exempting the person to whom it has been issued from complying with subsection (2)(a).
The National Regulator may issue a permit exempting the person 10 whom il has been issued from complying with subsection (2)(0) for an experimental type approval commodity or product to which a compulsory specification applies.
The Minister may make regulations in terms of section 36 to prescribe the process for the issuing of a pelTl1it contemplated in subsection (4) or (5).
Act No. S. 2008 NATIONAL REGULATOR FOR COMPULSORY SPECIHCATIONS ACT.
(3)A warramcontemplated in subsection (2) may be issued by ajudge or a magistrate if it appears from written information given by the inspector on oath or affirmation that there are reasonable grounds for believing that a contravention of this Act has been or is being commiued within the area of jurisdiction of that judge or magistrate.
The warrant contemplated in subsection (3) must specify the parameters within which Ihe inspector may perform an entry, search or seizure.
An inspector entering any premises referred (0 in subsections (I) and (2) may be accompanied by an interpreter.
An inspector who removes anything from premises being searched, must issue a receipt for it to the owncr or person in control of the premises; and return it as soon as practicable after it has served the purpose for which it was removed.
notify the person in control of the premises of the purpose of the entry, unless there are reasonable grounds to believe that such notification might defeat the purpose of the search; and on request of the person in charge of such premises, produce Ihe cenificate referred to in section 16(3) to that person.
Any person who is in charge of premises referred to in section 17(1) and (2) must at all reasonable times co-operate with and furnish such assistance as an inspector may require in the exercise of his or her powers under this Act.
In the event of resistance to an entry and search, an inspector may call the police to use such force as is reasonably necessary, including the breaking of a door or window of the premises.
In order to monitor and enforce compliance with this Act, an inspector may examine and take samples of an article referred to in section 17(1) or any component.
If any person is again convicted of an offence in terms of this Act, whether it he 20 for the same or some other offence, that person is for the second or subsequent conviction liable 10 a fine or imprisonment for a pl, lriod not exceeding four years.
A courl convicting any person of an offence in terms of this Act may, in addition to any penalty imposed in respect of that offencc and subject to the provisions of subsection (4), order that a commodity or a 2S consignment or batch of a commodity, any other article, or any material or substance in respect of which that offence was committed, he forfeited to the State; and summarily enquire into and assess the monetary value of any advantage gained or likely to be gained by such person in consequence of that offence 30 and impose on that person a fine to a maximum equal to the amount so assessed and, in default of payment. imprisonment for a period not exceeding one year.
The Board must generally or in a particular case determine the manner in which the forfeited goods referred to in subsection (3)(a) shall be dealt with.
Section 35(4) of the Criminal Procedure Act, 1977 (Act 51 of 1977), applies with the necessary changes in the case of a forfeiture referred to in subsection (~)(a).
Notwithstanding anything to the conlrary in any other law contained, a magistrate's court is competent to impose any penalty provided for in this Act.
hinders or obstructs an inspector in the exercise of his or her powers.
Transitional provisions 40 35. (I) For purposes of this section, "effective date" means the date on which the National Regulator is established as a public entity.
All assets, liabilities, rights and obligations of the regulatory department of SABS are transferred to the National Regulator; 45 all employees of SABS employed in the regulatory department and administrative staff responsible for administrative support with regard to compulsory specifications are transferred to the National Regulator in tenns of section 197 of the Labour Relations Act, 1995 (Act No.
all notices, designations and certificates issued in terms of the Standards Act, 50 1993 (Act No.