South Africa Law Update
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South African Government studying High Court judgment on withdrawal from ICC

The South African government decision to withdraw from International Criminal Court was declared invalid and unconstitutional by High Court in Pretoria on 22 February, 2017 and it ordered government to revoke the notice of withdrawal. The Court decided that the decision of withdrawal from ICC was taken by South African President and Minister of Justice without an appropriate approval from Parliament which amounts to breach of separation of powers because in doing so the executive would have exercised legislative powers.

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Mining and agriculture bills approved in South Africa

On 16 February, 2017 The Draft Marine Spatial Planning Bill, 2016 and Agricultural Products Standards Amendment Bill have been approved for submission to South African Parliament. The Draft Marine Spatial Planning Bill will extend a legal framework for the development of a marine spatial planning system for the promotion of economic growth, and is facilitated by coordinating planning across multiple sectors. According to the Cabinet the bill will promote good ocean governance by ensuring the involvement of all sectors in joint management and planning in the ocean space. It will also help in conflict resolution amongst the users of space and regulatory authorities, and enhance knowledge and management in the South African ocean space. The bill will also work towards sustainable development and not only conservation or environmental protection, with a view to contribute to more general social and economic objectives.

The Agricultural Products Standards Amendment Bill amended the Agricultural Products Standards Act, 1990 and aims to strengthen the regulatory framework for agricultural production, health and food safety of certain agricultural products. According to the Cabinet the Bill provides a regulatory framework for food safety and creates an enabling environment for increased and sustainable production. This will in turn increase fair trade practices and consumer protection.

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24 February 2017
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