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Government Gazette
REPUBLIC OF SOUTH AFRICA
Vol. 517 Cape Town 18 July 2008
No. 31253
THE PRESIDENCY
No. 774 1
8 July 2008
It is here
by notified that the President has assented to the following Act, which is
hereby published for general information:–
No. 8 of 2008: Standards Act, 2008.
AIDS HELPLINE: 0800-123-22 Prevention is the cure
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No.
31253 GOVERNMENT GAZETTE, 18 JULY 2008
Act No. 8, 2008 STANDARDS ACT, 2008
(English text signed by the President.)
(Assented to 15 July 2008.)
ACT
To provide for the development, promotion and maintenance of standardisation
and quality in connection with commodities and the rendering of related
conformity assessment services; and for that purpose to provide for the continued
existence of the SABS, as the peak national institution; to provide for the
establishment of the Board of the SABS; to provide for the repeal of
the
Standards
Act, 1993; to provide for transitional provisions; and to provide for matters
connected therewith.
PREAMBLE
WHEREAS it is desirable to—
• provide for the continuation of the SABS as the peak national standardisation
institution in South Africa responsible for the development, maintenance and
promotion of South African National Standards;
• ensure provision of an internationally recognised standardisation system that
continue to support the needs of South African enterprises competing in a
fast-paced global economy; and
• promote South African National Standards as a means to facilitate international
trade and enhancing South Africa's economic performance and transformation,
B
E IT THEREFORE ENACTED by the Parliament of the Republic of South Africa,
as follows:—
TABLE OF CONTENTS
Sections
PART 1
DEFINITIONS AND PURPOSE
1.
Definitions
2.
Purpose of Act
PART 2
CONTINUATION OF SOUTH AFRICAN BUREAU OF STANDARDS
3.
Continuation of SABS
4.
Objects of SABS
5.
Functions of SABS
BOARD OF SOUTH AFRICAN BUREAU OF STANDARDS
6. Establishment and composition of Board of SABS
7.
Term of office of members of Board
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4 No. 31253
GOVERNMENT GAZETTE, 18 JULY 2008
Act No. 8, 2008 STANDARDS ACT, 2008
8. Disqualification from membership
9. Removal from and vacation of office
10.
Remuneration and terms and conditions of appointment of members of Board
11.
Meetings of Board
12.
Conflict of interest of members of Board 5
13.
Committees of Board
14.
Advisory Forum
15.
Government Consultative Forum
EXECUTIVE MANAGEMENT
16.
Appointment of Chief Executive Officer 10
17.
Employment contract and performance agreement
18.
Appointment of staff
19.
Services of non-employees
20.
Delegation
PART 3 15
FINANCIAL MANAGEMENT
21.
Funding and investments
22.
Financial year and accounting
PART 4
SOUTH AFRICAN NATIONAL STANDARDS 20
23.
National Norm for setting and amending of South African National Standards
24.
Issuing of South African National Standard
25.
Recognised Standards Development Organisations
26.
Copyright in South African National Standards and publications of SABS
27.
Limitations on certain claims pertaining to compliance with South African 25
National Standard
28.
Incorporation of South African National Standards in laws
PART 5
GENERAL PROVISIONS
29.
Certain acts not interpreted as assurances or guarantees 30
30.
Breach of confidence
31.
Limitation of liability
32.
Offences and penalties
33.
Regulations
34.
Transitional provisions 35
35.
Repeal of law
36.
Amendment of law
37.
Short title and commencement
PART 1
DEFINITION AND PURPOSE 40
Definitions
1.
(1) In this Act, unless the context indicates otherwise—
"amendment", with regard to a standard, includes complete or partial substitution
or alteration of one or more of the provisions of the standard;
"Board" means the Board of the SABS established in terms of section 6; 45
"commodity" includes an element or characteristic, or a category or system, of
some commodity;
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6 No. 31253 GOVERNMENT GAZETTE, 18 JULY 2008
Act No. 8, 2008 STANDARDS ACT, 2008
"conformity assessment" means the procedure used to determine, directly or
indirectly, that the relevant requirement in technical regulations, standards or any
other relevant and validated documentation has been fulfilled;
"consensus" means general agreement, characterised by the absence of sustained
opposition to substantial issues by an important part of the concerned interests, 5
arrived at by a process that involves seeking to take into account the views of the
parties concerned and to reconcile any conflicting arguments;
"issue", with regard to a South African National Standard, a standard or a
publication, includes making available by means of electronic, photographic or
another medium; 10
"manufacture" means produce, assemble, alter, modify, adapt, convert, process
or treat;
"Minister" means the Minister responsible for trade and industry in the Republic;
"product" means any commodity that is manufactured and any agricultural
product, including fish and fish products; 15
"Public Finance Management
Act"
means the Public Finance Management Act,
1999 (Act No. 1 of 1999);
"recognised standards development organisation" means an organisation
recognised by the SABS under section 25 for the development of standards to be
approved by the SABS as South African National Standards; 20
"service" means any service normally provided for remuneration, and at the
individual request of a recipient of services;
"SABS"
means the South African Bureau of Standards;
"South African National Standard" means a standard approved by the SABS
under this Act; 25
"standard" means a document that provides for common and repeated use, rules,
guidelines or characteristics for products, services, or processes and production
methods, including terminology, symbols, packaging, marking or labelling
requirements as they apply to a product, service, process or production method;
"system", with regard to a commodity, means a system which is designed to 30
achieve a particular purpose or to perform a specific function;
"this Act" includes a regulation made in terms of this Act.
Purpose of Act
2.
The purpose of the Act is to provide—
(a) a legal framework for the development, promotion and maintenance of South 35
African National Standards in the Republic and the rendering of conformity
assessment services and related activities;
(b) for the continuation of the SABS as the peak national institution for the
development, promotion and maintenance of South African National Stan-
dards;
and 40
(c) for the establishment of the Board of the SABS.
PART 2
CONTINUATION OF THE SOUTH AFRICAN BUREAU OF STANDARDS
Continuation of SABS
3.
(1) The SABS established by section 2 of the Standards Act, 1945 (Act No. 24 of 45
1945),
continues to exist as a public entity, notwithstanding the repeal of the Standards
Act, 1993 (Act No. 29 of 1993).
(2) The SABS is a juristic person, and must operate and perform its functions in
accordance with this Act.
(3) The continuation of
the
SABS does not affect the validity of any action taken prior 50
to the commencement of this Act.
(4) The Public Finance Management Act applies to the SABS.
Objects of SABS
4.
(1) The objects of the SABS are to—
(a) develop, promote and maintain South African National Standards; 55
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8 No. 31253
GOVERNMENT GAZETTE, 18 JULY 2008
Act No. 8, 2008 STANDARDS ACT, 2008
(b) promote quality in connection with commodities, products and services; and
(c) render conformity assessment services and matters connected therewith.
(2) In order to achieve its objects, the SABS may—
(a) develop, issue, promote, maintain, amend or withdraw South African National
Standards and related normative publications serving the standardisation 5
needs of the South African community;
(b) provide reference materials, conformity assessment services, and related
training services in relation to standards, including a voluntary SABS Mark
Scheme proving assurance of product conformity;
(c) obtain membership in international and foreign bodies having any objects 10
similar to an object of the SABS;
(d) review involvement in international standards committees regularly to ensure
resources are targeted where they are of most relevance to South Africa;
(e) establish and maintain the necessary expertise at internationally acceptable
level; 15
(f) co-ordinate, interact and manage the international and bilateral interaction
with other national standards bodies from other countries;
(g) provide information services to deal with enquiries about standards, handle
the sale and distribution of South African National Standards and related
publications, as well as similar publications from international and foreign 20
bodies;
(h) provide the South African enquiry point to maintain the South African
notification system in terms of the Technical Barriers to Trade Agreement of
the World Trade Organisation;
(i) provide a research and development programme in terms of the need for new 25
standards, improvement of existing standards, standardisation of test method-
ology and the sketching of future scenarios that might affect the standards
environment;
(j) develop a procedure through which other bodies with sectoral expertise can be
recognised as Standards Development Organisations and through which the 30
standards of such organisations can be published by the SABS as South
African National Standards;
(k) perform, in so far as it is not repugnant to or inconsistent with the provisions
of any Act of Parliament, such functions as the Minister may assign to the
SABS;
35
(I) use technical committees to develop and amend South African National
Standards.
Functions of SABS
5. (1) The SABS may—
(a) acquire or dispose of property or any right in respect
thereof,
but ownership in 40
significant immovable property may be acquired or disposed of only with the
consent of the Minister;
(b) open and operate banking accounts in the name of the SABS;
(c) invest any of its funds not immediately required;
(d) insure the SABS— 45
(i) against any loss, damage or risk; and
(ii) against any liability it may incur in the application of this Act;
(e) conclude agreements with organs of state and other persons;
(f) institute or defend any legal action; or
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10 No. 31253
GOVERNMENT GAZETTE, 18 JULY 2008
Act No. 8, 2008 STANDARDS ACT, 2008
(g) generally deal with any matter that is necessary or incidental to the
performance of its functions in terms of this Act.
(2) An agreement concluded in terms of subsection
(\)(e)
may not conflict with any
international requirement binding on the SABS.
(3) The SABS may charge fees— 5
(a) in respect of the setting and issuing of a South African National Standard;
(b) in respect of training services rendered in connection with standardisation or
with any standards; and
(c) in regard to the provision of any service or product provided by the SABS.
(4) The SABS may charge interest in respect of money payable to it but which has not 10
yet been paid, from a date on which such money became payable, except in respect of
money payable by the State.
(5) The SABS may establish one or more companies to perform any of the functions
of
the
SABS in terms of
this
Act,
except the setting of a South African National Standard
in terms of sections 23 and 24. 15
(6) The members of the Board of the SABS appointed in terms of section 6 must be
appointed as the members of the Board of any company established in terms of
subsection (5).
BOARD OF SOUTH AFRICAN BUREAU OF STANDARDS
Establishment and composition of Board of SABS 20
6. (1) There is hereby established a board of the SABS.
(2) The Board consists of not less than 7 and not more than 9 members, of whom—
(a) one is the Chief Executive Officer of the SABS by virtue of his or her office;
and
(b) the rest are persons appointed by the Minister and who meet the criteria 25
contemplated in subsection (3)(b).
(3) When appointing the members of the Board, the Minister must ensure that such
members—
(a) are broadly representative of the population of the Republic; and
(b) have sufficient knowledge, experience or qualifications relating to the 30
functions of the SABS and the responsibilities of the Board, including in
particular business management, finance, marketing, international or foreign
standardisation and technical infrastructure matters.
(4) The Minister must designate one member of the Board as chairperson.
Term of office of members of Board 35
7.
(1) The members of the Board contemplated in section 6(2)(b) hold office for a
period not exceeding five years and are eligible for reappointment.
(2) Members of the Board may not serve more than two consecutive terms.
Disqualification from membership
8. A person may not be appointed or continue to serve as a member of
the
Board if he 40
or she—
(a) is an unrehabilitated insolvent;
(b) has at any time been convicted of an offence involving dishonesty;
(c) has, as a result of improper conduct, been removed from an office of trust; or
(d) has been declared by a court to be mentally ill or unfit. 45
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12 No. 31253
GOVERNMENT GAZETTE, 18 JULY 2008
Act No. 8, 2008 STANDARDS ACT, 2008
Removal from and vacation of office
9. (1) Subject to the Promotion of Administrative Justice Act, 2000 (Act No. 3 of
2000),
the Minister may at any time after consulting the Board terminate the term of
office of any member of the Board if there are good reasons for doing so.
(2)
A
member of the Board must vacate his or her office if such member is absent from 5
three consecutive meetings of the Board without the consent of the chairperson.
(3)
A
member of
the
Board may resign by giving at least three months' written notice.
(4) If
a
member of the Board dies or vacates his or her office, the Minister may appoint
any person who meets the criteria contemplated in section 6(3)(b) for the said member's
unexpired term of office. 10
Remuneration and terms and conditions of employment of members of Board
10.
(1) The Minister must, after consultation with the Minister of
Finance,
determine
the remuneration, allowances and terms and conditions of appointment of members of
the Board who are not in the employ of an organ of state.
(2) Members of the Board who are employed by an organ of state must be reimbursed 15
for out-of-pocket expenses.
Meetings of Board
11.
(1) The Board must meet at least four times a year.
(2) The chairperson of the Board decides when and where the Board must meet, but
a majority of the members of the Board may request the chairperson in writing to 20
convene a meeting at a time set out in the request.
(3) The chairperson presides at all meetings of the Board.
(4) If the chairperson is absent from a meeting of the Board, the members present at
such a meeting must elect from among their number a member to preside at that
meeting. 25
(5) A majority of the members of the Board constitutes a quorum for a meeting of the
Board.
(6) Decisions of the Board require the supporting vote of a majority of members
present at a meeting.
(7) The Board must keep minutes of its proceedings and decisions. 30
(8) The Board may, by resolution, make rules to further regulate its proceedings.
Conflict of interest of members of Board
12.
(1) A member of the Board may not have a conflict of interest with the SABS.
(2) A member of the Board who has a direct or indirect financial, personal or other
interest in any matter which is to be discussed at a meeting and which entails or may 35
entail a conflict or possible conflict of interest must, before or during such meeting,
declare the interest.
(3) Any person may, in writing, inform the chairperson of a meeting, before a
meeting, of a conflict or possible conflict of interest of a member of the Board of which
such person may be aware. 40
(4) A
Board member referred to in subsections (2) and (3) is obliged to recuse himself
or herself from the meeting during the discussion of the matter and the voting thereon.
Committees of Board
13.
(1) The Board may establish committees to assist it to perform its functions.
(2) The Board must determine the composition, rules and procedures of such 45
committees.
(3) The Board may from time to time dissolve or reconstitute a committee.
(4) The Board must ratify any resolution of a committee.
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14 No. 31253
GOVERNMENT GAZETTE, 18 JULY 2008
Act No. 8, 2008 STANDARDS ACT, 2008
Advisory Forum
14.
(1) 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.
(2) The Advisory Forum must advise the Board on— 5
(a) matters in respect of which the SABS could play a role; and
(b) any other matter on which the Board requests advice.
(3) The Board must establish a constitution and, if necessary, rules for the Advisory
Forum.
Government Consultative Forum 10
15.
(1) The Board must establish a Government Consultative Forum consisting of
relevant government departments who have an interest in the matters contemplated in
this Act.
(2) The Government Consultative Forum must advise the Board on—
(a) matters contemplated in this Act in respect of which the SABS could play a 15
role;
(b) any other matter on which the Board requests advice.
(3) The Board must establish a constitution and, if necessary, rules for the
Government Consultative Forum.
EXECUTIVE MANAGEMENT 20
Appointment of Chief Executive Officer
16.
(1) The Board must, in concurrence with the Minister, appoint a suitably qualified
person as the Chief Executive Officer.
(2) The Chief Executive Officer holds office for a period not exceeding five years and
may be reappointed upon the expiry of his or her term of office. 25
(3) The Chief Executive Officer is responsible for the efficient management of the
SABS and must perform any duty assigned or delegated to him or her by the Board.
(4) The Chief Executive Officer is accountable to the Board.
(5) If
the
Chief Executive Officer is unable to fulfil his or her functions, the Board may
appoint a person who meets the criteria contemplated in subsection (1) as an acting 30
Chief Executive Officer to exercise the powers and perform the functions of the Chief
Executive Officer, for the unexpired term of office of the Chief Executive Officer or until
the Chief Executive Officer is able to perform his or her functions.
Employment contract and performance agreement
17.
(1) The employment contract of the Chief Executive Officer must be in writing 35
and must incorporate in an appropriate form the provisions of section 57 of the Public
Finance Management Act.
(2) The Board and the Chief Executive Officer must conclude a performance
agreement for the Chief Executive Officer—
(a) within a reasonable time after the appointment of the Chief Executive Officer; 40
and
(b) thereafter, annually within one month of the commencement of each financial
year.
(3) The performance agreement must include—
(a) measurable performance objectives and targets that must be met and the time 45
frames within which those performance objectives and targets must be met;
(b) standards and procedures for evaluating performance and intervals for
evaluation; and
(c) the consequence of substandard performance.
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16 No. 31253
GOVERNMENT GAZETTE, 18 JULY 2008
Act No. 8, 2008 STANDARDS ACT, 2008
Appointment of staff
18.
(1) The Chief Executive Officer must, after consulting the Board, appoint staff in
terms of the Public Service Act, 1994 (Proclamation No. 103 of 1994), to assist the
SABS in carrying out its functions.
(2) The remuneration, allowances, benefits and other terms and conditions of 5
employment of such staff must be determined in terms of the Public Service Act, 1994.
Services of non-employees
19.
(1) The SABS may, for a specified period, acquire the services of any person to
perform any task or function assigned to him or her by the SABS in terms of this Act.
(2) The remuneration of such person must be determined in accordance with the 10
Public Service Act, 1994 (Proclamation No. 103 of 1994).
Delegation
20.
(1) The Board may delegate any of its functions to the Chief Executive Officer in
accordance with this section.
(2) The Chief Executive Officer may delegate any function conferred or imposed 15
upon him or her by or under this Act to any employee of the SABS with the appropriate
knowledge and experience.
(3) A delegation under subsections (1) an (2) must be in writing and—
(a) may be subject to any conditions or restrictions determined by the Board or
the Chief Executive Officer; 20
(b) does not prevent the exercise of that power by the Board or the Chief
Executive Officer; and
(c) may be withdrawn or amended in writing by the Board or the Chief Executive
Officer.
PART 3 25
FINANCIAL MANAGEMENT
Funding and investments
21.
(1) The funds of the SABS consist of—
(a) moneys appropriated by Parliament for that purpose;
(b) income derived from fees charged in accordance with section 5(3); 30
(c) interest charged in accordance with section 5(4);
(d) income derived by the SABS from its investment; and
(e) money received from any other source.
(2) The SABS may invest any of its funds not immediately required—
(a) subject to any investment policy that may be prescribed in terms of section 35
7(4) of the Public Finance Management Act; and
(b) in such manner as may be prescribed by the Minister.
Financial year and accounting
22.
The financial year of the SABS is from
1
April in any year to 31 March in the
following year. 40
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18 No. 31253
GOVERNMENT GAZETTE, 18 JULY 2008
Act No. 8, 2008 STANDARDS ACT, 2008
SOUTH AFRICAN NATIONAL STANDARDS
National Norm for setting and amending of South African National Standards
23.
(1) The SABS must, through a national consensus-building process, develop and
maintain a National Norm for the development of South African National Standards.
(2) The Norm contemplated in subsection (1) must— 5
(a) detail a process for the development and amendment of South African
National Standards, which ensures that as far as possible—
(i) the latest technological developments are considered;
(ii) the interests of all parties concerned, including manufacturers,
suppliers and consumers, are considered; 10
(iii) such South African National Standards are harmonised with
international standards, if applicable; and
(iv) there has been an appropriate national consensus-building process
in developing such South African National Standards; and
(b) contain an appeal procedure for resolving disputes and deadlocks. 15
Issuing of South African National Standards
24.
(1) The SABS must, by notice in the Gazette—
(a) set and issue as a South African National Standard, a standard developed
through its own processes and issue amendments to such a standard;
(b) approve and issue as a South African National Standard, a standard developed 20
and set by a recognised standards development organisation and issue
amendments to such a standard; or
(c) withdraw any South African National Standard issued in terms of paragraph
(a) or {b);
(2)The notice contemplated in subsection (1) must— 25
(a) state the title and number of the South African National Standard; and
(b) contain a summary of the scope and purport of that South African National
Standard or the amendment
thereof.
(3) In setting, issuing, approving and amending a South African National Standard in
terms of subsection (1), the SABS must ensure as far as possible that the processes 30
detailed in the Norm contemplated in section 23(1) is complied with.
(4) A South African National Standard set and issued in terms of subsection (1) may
be based on one or more provisions of standards issued by a foreign or international
body having objects similar to those of the SABS.
(5) The SABS may develop, issue, amend or withdraw normative and informative 35
documents other than South African National Standards.
(6) The documents issued in terms of subsection (5) do not have the status of South
African National Standards.
(7) Subject to the provisions of
the
Agricultural Product Standards Act, 1990 (Act No.
119 of 1990), or the Liquor Products Act, 1989 (Act No. 60 of 1989), no person may 40
issue a document which creates or may create the impression that it contains a South
African National Standard as contemplated in this
Act,
unless it is issued in terms of this
Act.
(8) A South African National Standard in respect of a commodity, product or service
to which the Agricultural Product Standards Act, 1990, or the Liquor Products Act, 45
1989,
apply, may be set or amended in accordance with the terms and conditions of an
agreement entered into by the Board and the Director-General of the department
responsible for Agriculture.
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20 No. 31253
GOVERNMENT GAZETTE, 18 JULY 2008
Act No. 8, 2008 STANDARDS ACT, 2008
Recognised Standards Development Organisations
25.
(1) The SABS must appoint an organisation as a recognised standards
development organisation for a specified scope of activity, in accordance with criteria
developed in terms of subsection (3).
(2) The SABS must develop and maintain a South African National Standard setting 5
out the criteria to be met and maintained by the organisation contemplated in subsection
(1).
(3) The recognised standards development organisation must develop and maintain
standards within its specified scope of activity for approval and issue by the SABS as a
South African National Standard. 10
(4) The SABS must maintain and make available to the public a register of recognised
standards development organisations and their specified scope of activity.
Copyright in South African National Standards and publications of SABS
26.
(1) Notwithstanding the provisions of any other law, the copyright in a South
African National Standard or a publication issued by the Board vests in the SABS. 15
(2) No person may, without the authorisation of the SABS in any manner or form,
publish, reproduce or record any document or part
thereof.
(3) Subsection (2) does not prevent any person from making a copy of such a
document for his or her own personal use.
Limitations on certain claims pertaining to compliance with South African 20
National Standard
27.
(1) No person may falsely claim, declare or conduct his or her affairs or businesses
or carry out an occupation or trade under a name or in a manner likely to create the
impression that any commodity, product or service complies with a South African
National Standard or other publication of the SABS. 25
(2) No person may falsely claim or declare that any commodity, product or service
complies with a South African National Standard or other publication of the SABS.
(3) The SABS may institute legal proceedings to restrain or claim for damages in
relation to subsection (1) or (2).
Incorporation of South African National Standards in laws 30
28.
(1) A South African National Standard, or any provision
thereof,
that has been
published in terms of this Act in respect of any commodity, product or service which
may affect public safety, health, or environmental protection, may be incorporated in
any law.
(2) The South African National Standard, or any provision
thereof,
contemplated in 35
subsection (1) may be incorporated by referring to—
(a) the title and the number; or
(b) the title, the number and the year or edition number.
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22 No. 31253 GOVERNMENT GAZETTE, 18 JULY 2008
Act No. 8, 2008 STANDARDS ACT, 2008
(3) If the South African National Standard, or any provision
thereof,
contemplated—
(a) in subsection (2)(a) is subsequently amended, such amended South African
National Standard, or any provision
thereof,
is deemed to be incorporated;
(b) in subsection (2)(b) is subsequently amended, such amended South African
National Standard, or any provision
thereof,
is not deemed to be incorporated. 5
(4) Any South African National Standard or any provision
thereof,
incorporated in
terms of subsection (2)(a) or (b) or (3)(a) may be withdrawn.
PART 5
GENERAL PROVISIONS
Certain acts not interpreted as assurances or guarantees 10
29.
Any function performed under this Act by the Minister, the SABS, the Board, a
member of the Board, a committee referred to in section 13 or a member of such
committee, the Chief Executive Officer or an employee of the SABS in connection with
any commodity, product, material, substance, service, act or matter, shall not be
interpreted as an assurance or a guarantee of any nature in respect of that commodity, 15
product, service, material, substance, act or matter.
Breach of confidence
30.
(1)
Any person who is or was involved in the performance of any function in terms
of this Act, must not disclose any information which he or she obtained in the
performance of such a function.
(2) Subsection (1) does not apply to information disclosed—
(a) to the Minister, the chairperson of the Board or the Chief Executive Officer;
(b) for the purposes of proper administration or enforcement of this Act;
(c) in terms of any law or as evidence in any court of law; or
(d) for the purpose of the administration of justice.
Limitation of liability
31.
(1) The State Liability Act, 1957 (Act No. 20 of 1957), applies in respect of the
SABS,
and in such application a reference in that Act to a Minister of
a
department must
be construed as a reference to the Chief Executive Officer of the SABS.
(2) No person is liable for anything done or omitted in good faith when performing a 30
function or exercising a power in terms of this Act.
Offences and penalties
32.
(1) Any person who falsely represents any material or substance to be reference
material supplied by the SABS is guilty of an offence.
(2) Any person who is convicted of an offence in terms of this Act is liable to a fine
or to imprisonment for a period not exceeding two years.
(3) A court convicting any person of an offence in terms of this Act may, in addition
to any penalty imposed in respect of that offence—
(a) and subject to subsection (4), order that a commodity, a consignment or batch
of a commodity or product, any other article or any material or substance in
respect of which that offence was committed, be forfeited to the State; and
(b) 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
and impose on that person a fine to a maximum equal to the amount so
assessed and, in default of payment of such amount, imprisonment for a
period not exceeding one year.
20
25
40
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24 No. 31253 GOVERNMENT GAZETTE, 18 JULY 2008
Act No. 8, 2008 STANDARDS ACT, 2008
(4) The Minister must, subject to subsection (3)(b), generally or in a particular case,
determine the manner in which the forfeited goods referred to in subsection (3)(a) may
be dealt with.
(5) Section 35(4) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), applies
with the necessary changes in the case of a forfeiture referred to in subsection (3)(a). 5
(6) Notwithstanding anything to the contrary contained in any other law, a
magistrate's court shall be competent to impose any penalty provided for in this Act.
Regulations
33.
The Minister may make regulations regarding any ancillary or incidental
administrative or procedural matter that it is necessary to prescribe for the proper 10
implementation or administration of this Act.
Transitional provisions
34.
(1) For purposes of this section "effective date" means the date on which this Act
comes into effect.
(2) As from the effective date— 15
(a) all notices, designations and certificates issued in terms of the Standards Act,
1993 (Act No. 29 of 1993), in respect of any matter dealt with in that Act, are
deemed to have been issued in terms of this Act;
(b) all regulations made in terms of
the
Standards Act, 1993(ActNo. 29 of 1993),
in respect of any matter dealt with in that Act, are deemed to have been made 20
in terms of this Act;
(c) the employees of the SABS, except the employees employed in the regulatory
department of the SABS, remain employees of the SABS;
(d) the President of the SABS appointed in terms of section 10 of the Standards
Act, 1993, is deemed to be the Chief Executive Officer of the SABS and 25
remains in office for the unexpired term of his or her office;
(e) all assets, liabilities, rights and obligations of the SABS, except assets,
liabilities, rights and obligations of the regulatory department of the SABS,
remain the assets, liabilities, rights and obligations of the SABS;
(f) the members of
the
Council of
the
SABS appointed in terms of section 7(1) of 30
the Standards Act, 1993 (Act No. 29 of 1993), are deemed to be members of
the Board of the SABS established in terms of this Act; and
(g) a specification, code of practice, standard or document referred to in section
16 of the Standards Act, 1993 (Act 29 of 1993), which is in force in terms of
that Act, is deemed to be a South African National Standard which has been 35
set and issued in terms of this Act.
(3) Any action taken by the SABS prior to the commencement of this Act is deemed
to have been taken in terms of this Act.
Repeal of law
35.
The Standards Act, 1993 (Act No. 29 of 1993), is hereby repealed. 40
Amendment of law
36.
Each of the laws referred to in the Schedule are hereby amended to the extent
specified in that schedule.
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26 No. 31253 GOVERNMENT GAZETTE, 18 JULY 2008
Act No. 8, 2008 STANDARDS ACT, 2008
Short title and commencement
37.
This Act is called the Standards Act, 2008, and comes into operation on a date
determined by the President by proclamation in the Gazette.
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28 No. 31253 GOVERNMENT GAZETTE,
18
JULY 2008
Act
No.
8, 2008 STANDARDS
ACT,
2008
SCHEDULE
LAWS AMENDED
(Section 36)
No.
and year of Act Short Title Extent of amendment
Act 77 of 1973 Trade Metrology
Act, 1973
1.
Amendment of section
1
by—
(a) the substitution for the definition of
"accredited laboratory" of the
following definition:
" 'accredited laboratory' means
any laboratory accredited as con-
templated in [section 3(c) of the
Standards Act, 1993 (Act No. 29
of 1993)] the Accreditation for
Conformity Assessment, Calibra-
tion and Good Laboratory Practice
Act, 2006 (Act No. 19 of 2006);";
(b) the insertion after the definition of
"accredited laboratory" of the
following definition:
" 'Board' means the Board as de-
fined in section 1 of the National
Regulator for Compulsory Specifi-
cations Act, 2008;";
(c) the insertion after the definition of
"certify" of the following defini-
tion:
" 'Chief Executive Officer' means
the Chief Executive Officer contem-
plated in section 21 of the National
Regulator for Compulsory Specifica-
tions,
2008;"
(d) the substitution for the definition of
"measuring unit" of the following
definition:
" 'measuring unit' means any
unit published or prescribe in
terms of [section 3 of the Measur-
ing Units and National Measur-
ing Standards Act, 1973] section
2 of the Measurement Units and
Measurement Standards Act. 2006
(Act No. 18 of 2006. but does not
include any such unit which, by
regulation made under this Act, is
excluded for the purposes of this
Act;";
(e) the deletion of the definition of
"president".
2.
Amendment of section 2 by—
(a) the substitution for subsection (1)
of the following subsection:
"(1) The [SABS Council] Board
shall appoint a Director of Trade Me-
trology.";
10
15
25
30
35
40
45
50
55
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30
No.
31253 GOVERNMENT GAZETTE,
18
JULY 2008
Act No. 8, 2008
STANDARDS ACT, 2008
No.
and year of Act
Short Title Extent of amendment
(b) the substitution for subsection (2)
of the following subsection:
"(2) The [SABS Council]
Board shall appoint a Deputy Di-
rector of Trade Metrology, who
may, subject to the control and
directions of the director or in ab-
sence of the director or if the di-
rector is for any other reason un-
able to perform his or her duties or
if the post of director is tempo-
rarily vacant, do anything which
may lawfully be done by the direc-
tor.".
3.
Amendment of section 3 by—
(a) the substitution for subsection (1)
of the following subsection:
"(1) The [SABS Council]
Board may from time to time, on
the recommendation of the direc-
tor, appoint inspectors or verifica-
tion officers to verify or test all
measuring instruments or any par-
ticular kind of measuring instru-
ment in accordance with the provi-
sions of this Act.";
(b) the substitution in subsection (2) for
paragraph (b) of the following para-
graph:
"(b) he holds a certificate issued
to him by the [SABS Coun-
cil] Board to the effect that
he is qualified to act as an
inspector or verification of-
ficer in respect of all measur-
ing instruments or a particu-
lar kind of measuring
instrument.".
4.
Section 4 is hereby substituted by the
following section:
"Appointment of examiners
4.
The [SABS Council] Board may,
on the recommendation of the director,
appoint examiners to exercise the func-
tions of examiners under this Act.".
10
20
25
30
35
40
45
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32 No. 31253 GOVERNMENT GAZETTE,
18
JULY 2008
Act
No.
8, 2008 STANDARDS
ACT,
2008
No.
and year of Act Short Title Extent of amendment
5.
Section 5 is hereby amended by the
substitution for subsections (1) and (2)
respectively of the following subsections:
"(1) Subject to the control of the
Minister, this Act shall be administered
by the [SABS Council] Board and by
the director, inspectors, accredited labo-
ratories, verification officers and exam-
iners,
who shall perform their duties
under the control of the [SABS Coun-
cil] Board.
(2) The [SABS Council] Board may,
subject to the conditions it may impose,
delegate or assign to the [president]
Chief Executive Officer any power or
duty conferred or imposed on it by sec-
tion 3 or 4.".
6. Section 7 is hereby amended by the
substitution for subsections (1) and (2)
respectively of the following subsections:
"(1) The Minister may, after consul-
tation with the [SABS Council] Board,
assign in writing to any statutory body
or provincial government the carrying
out, subject to such conditions and re-
quirements as may be prescribed by
regulation, of any function specified in
this Act.
(2) The [SABS Council] Board may
in writing, on the recommendation of
the director, designate any accredited
laboratory to verify all measuring in-
struments or any particular kind of mea-
suring instrument in respect of which
such laboratory is accredited.".
7.
Section 22A is hereby amended by the
substitution for subsection (1) of the fol-
lowing subsection:
''(1) Any fees collected and costs
recovered in terms of section 18 or sec-
tion 22(1) shall constitute revenue of
the [SABS Council] Board and shall be
dealt with in accordance with the provi-
sions of the [Standards Act, [1993
(Act No. 29 of 1993)] National Regula-
tor for Compulsory Specifications Act.
2008.".
8. Section 24 is hereby amended by the
substitution for subsection (3) of the fol-
lowing section:
"(3) Any costs incurred by the
[SABS Council] Board in connection
with any appeal which in the opinion of
the committee is based on frivolous
grounds, shall be borne by the appel-
lant.".
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34 No. 31253 GOVERNMENT GAZETTE,
18
JULY 2008
Act No. 8, 2008 STANDARDS
ACT,
2008
No.
and year of Act
Short Title Extent of amendment
9. Section 27 is hereby amended by the
substitution for subsection (8) of the fol-
lowing subsection:
"(8) The Minister shall before the
publication of any notice under subsec-
tion (1) consult the Board referred to in
[section 6(1) of the Measuring Units
and National Measuring Standards
Act, 1973, or if there is no such
board, the Council of the South Afri-
can Bureau of Standards referred to
in section 6 of the Standards Act,
1993 (Act No. 29 of 1993), and the
Board of the CSIR referred to in sec-
tion 7 of the Scientific Research
Council Act, 1988 (Act No. 46 of
1988)] section 10 of the Measurement
Units and Measurement Standards Act,
2006 (Act No. 18 of 2006).".
10.
Section 45 is hereby amended by the
substitution for subsection (1) of the fol-
lowing section:
"(1) The [President] Chief Execu-
tive Officer may, if he or she is of the
opinion that it is necessary in the public
interest and to protect the consumer,
reveal in any manner-
fa) any information which in his or her
opinion is necessary to prevent the
public from being misled concern-
ing any aspect regulated by this
Act;
(b) the name of a person who in his or
her opinion does not comply with
any provision of this Act.".
Act 103 of 1977 National Building
Regulations and
Building Standards
Act
. Amendment of section 1 by-
fa)
(b)
(c)
id)
the insertion after the definition of
"architectural area" of the following
definition:
"'Board' means the Board as de-
fined in section 1 of the National
Regulator for Compulsory Specifi-
cations Act, 2008;";
the deletion of the definition of "bu-
reau";
the deletion of the definition of
"council";
the insertion after the definition of
"Minister" of the following defini-
tion:
'"National Regulator' means the
National Regulator as defined in
section 1 of the National Regulator
and Compulsory Specifications Act,
2008;".
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36 No. 31253 GOVERNMENT GAZETTE,
18
JULY 2008
Act
No.
8, 2008 STANDARDS
ACT,
2008
No.
and year of Act Short Title Extent of amendment
2.
Section 28 is hereby amended by the
substitution for subsections (1), (2) and
(3),
respectively, of the following subsec-
tions:
"(1) The Minister may on such con-
ditions as he may think fit, in writing
delegate any power conferred on him
by or under this Act, other than a power
referred to in section 2(2) or (4), 9(2),
17,
19, 20, 27 or 29 to the [director-
general] Chief Executive Officer of the
bureau, but the delegation of any such
power shall not prevent the exercise
thereof by the Minister himself.
(2) The council may in writing del-
egate any power conferred upon it—
(a) by or under this Act, other than a
power referred to in section 17 or
27,
to the [director-general] Chief
Executive Officer of the bureau;
(b) in terms of section 18(2), in such
conditions as it generally or in any
particular case may think fit, to any
local authority or category of local
authorities,
but the delegation of any such power
shall not prevent the exercise thereof by
the council
itself.
(3) The [director-general] Chief Ex-
ecutive Officer of the bureau may in
writing delegate any power delegated to
him in terms of subsection (1) or (2) to
any person in the employ of the bureau,
but the delegation of any such power
shall not prevent the exercise thereof by
the [director-general] Chief Executive
Officer himself.".
10
15
20
25
30
35
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38 No. 31253 GOVERNMENT GAZETTE, 18 JULY 2008
Act No. 8, 2008 STANDARDS ACT, 2008
No.
and year of Act Short Title
Extent of amendment
3.
The word "bureau" is hereby substi-
tuted for "National Regulator" wherever
it occurs in Act 103 of 1977.
4.
The word "Council" is hereby substi-
tuted for the word "Board" wherever it
occurs in Act 103 of 1977 except in the
definition of "local authority".
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