Justice Department Calls for Comments on Four Key Legislative Draft Bills

Posted 11 August 2026 Written by Acts Online
Category Legislation & Regulatory Updates

Brought to you by SAnews: The Department of Justice and Constitutional Development has published four draft bills for public comment and parliamentary processing, proposing significant amendments across mining laws, trust administration, legal practice regulation, and criminal procedure.

Stakeholders have been invited to submit public comments on three draft bills by 11 September 2026, while a fourth legislative measure has been submitted directly to Parliament for consideration.

General (Mining) Laws Amendment Bill, 2026

The draft General (Mining) Laws Amendment Bill, 2026 aims to penalise illegal prospecting and illicit mining operations by amending several core statutes:

  • Criminal Procedure Act, No. 51 of 1977: Amends Schedule 1 to create specific statutory offences for illegal prospecting and mining activities, as well as providing assistance to illegal mining operations.
  • Diamonds Act, No. 56 of 1986: Amends section 87 to increase statutory penalties for contravening section 82(a) or (b) from a maximum fine of R250,000 and 10 years’ imprisonment to a maximum fine of R100 million and imprisonment up to 30 years. Penalties for contraventions under sections 82(c), 83(a), or 84(a) increase from a R100,000 fine and 4 years’ imprisonment to a maximum fine of R100 million and 30 years’ imprisonment.
  • Minerals and Petroleum Resources Development Act, No. 28 of 2002: Inserts section 91A to authorize members of the South African Police Service (SAPS) to exercise compliance functions under section 91, excluding routine inspections under section 92 and compliance notices under section 93.
  • Precious Metals Act, No. 37 of 2005: Adjusts statutory offence provisions and penalty structures to align with broader illegal mining interventions.

Legal Practice Amendment Bill, 2026

The Legal Practice Amendment Bill, 2026 introduces operational and oversight amendments to the Legal Practice Act, No. 28 of 2014:

  • Section 6: Inserts subsection (6) enabling the South African Legal Practice Council (LPC) to assess the reasonableness of legal fees and disbursements for non-litigious work that fall outside court taxing masters’ jurisdiction. Subsection (7) provides indemnity from civil damages for LPC employees acting in good faith.
  • Section 17(1): Enables binding council decisions to be taken when fewer than 12 members are present.
  • Section 22: Removes the restriction limiting the Legal Practitioners’ Fidelity Fund (LPFF) to a single annual appropriation, permitting multiple allocations per year.

Regulation of Trusts Bill, 2026

The Regulation of Trusts Bill, 2026 replaces key mechanisms of the Trust Property Control Act, No. 57 of 1988. The proposal aligns South African trust regulation with Financial Action Task Force (FATF) anti-money laundering recommendations, expands the oversight powers of the Master of the High Court, enhances mandatory trustee transparency, and introduces stricter trustee accountability measures and compliance penalties.

Conspiracy, Instigation and Incitement to Commit Offence Bill, 2026

Submitted directly to Parliament, the Conspiracy, Instigation and Incitement to Commit Offence Bill, 2026 repeals the remaining operative provisions of the Riotous Assemblies Act, No. 17 of 1956. Clause 1 creates statutory offences for conspiring to commit offences and instigating or inciting serious offences (defined as scheduled offences carrying potential imprisonment exceeding six months).

Interested parties can access draft texts and submit comments prior to 11 September 2026 on the Department of Justice and Constitutional Development portal.

What this means for you, your business, or your clients

  • For yourself: Legal practitioners and trustees must prepare for expanded administrative scrutiny, including non-litigious fee evaluations by the LPC and enhanced personal accountability under updated trust statutes.
  • For your business: Law firms and trust administrative practices must review non-litigious billing rules, update trust compliance frameworks to align with FATF transparency rules, and submit public representations before the 11 September 2026 deadline.
  • For your clients: Mining entities face stricter SAPS enforcement powers and penalties up to R100 million for unpermitted diamond operations, while trust founders and beneficiaries face increased transparency disclosures to the Master of the High Court.

Originally published at https://www.sanews.gov.za/features-south-africa/south-africans-urged-have-their-say-new-pieces-legislation

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