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The government has passed two new bills for public comment that are likely to have a far-reaching impact on the daily lives of South Africans.
The first bill introduces a number of changes to the South African Police Service (SAPS), as well as a number of other important security considerations.
The second bill, published by the National Treasury, will introduce more rules about banks and how they treat their customers.
The proposed legislative texts are described in more detail below.
Security
The cabinet passed the new South African Police Service Amendment Bill for public comment, promising a shakeup of the country’s police and security.
Police Minister Bheki Cele said the amendments were due for a long time.
“Although all agents are guided by Section 205 of the country’s Constitution, it was necessary to adapt this bill to the Constitution to guarantee optimal policing in the current environment,” he said.
The police minister described some of the most important changes as follows:
- The integrity of the SAPS – The amendments seek to address vetting issues and employee integrity testing within SAPS through lifestyle audits and conflicts of interest. Those who join the service must also be subject to processes to ensure that the integrity of the organization is maintained. The police recruits are also expected to submit a mouth swab for DNA testing;
- More powers for the minister – The law will empower the Minister of Police to regulate the roles, functions, duties and obligations, requirements for the appointment and disciplinary matters of the deputy national and divisional commissioners;
- Regulation of community policing– Legislation will seek to improve community policing and oversight of community policing forums. There is a need to improve the coordination between the police service and the municipal police services in terms of the concept of a single police service. It will improve the framework for the establishment, powers, functions and control of municipal police services;
- New rules around firearms – The amended bill will also give effect to the recommendations of the Farlam Commission. This includes the assurance that automatic rifles cannot be used for crowd control and that deadly force cannot be used alone to protect property. The bill states that only when life and property are simultaneously in danger will the use of deadly force be justified.
Cele said the bill provides a way to improve relations between the police service and the community by ensuring that members of the police treat the public with dignity and respect the rights of the public, especially the rights of women, children. and people with disabilities.
“These amendments create accountability and discipline within the police service and I believe that they will go a long way towards ensuring that SAPS better serves the people of this country while at the same time building trust between communities and men and women. in blue, ”he said.
Banking
The National Treasury has also published the second draft of the Draft Law on Conduct of Financial Institutions (Cofi) for public comment.
The bill aims to significantly simplify the conduct of the South African financial services sector, including the implementation of the principles of Treat Customers Fairly (TCF).
TCF is designed to ensure that regulated financial institutions deliver specific and clearly stated equity outcomes for financial clients. These include:
- Clients can be sure that they are dealing with companies where TCF is central to corporate culture;
- Products and services that are marketed and sold in the retail market are designed to meet the needs of identified customer groups and are targeted accordingly;
- Customers receive clear information and are duly informed before, during and after the point of sale;
- When advice is given, it is appropriate and takes into account the client’s circumstances;
- The products work as companies have made customers wait, and the service is of an acceptable level and as they have been made to wait;
- Customers do not face unreasonable after-sales barriers imposed by companies to switch products, switch suppliers, file a claim or file a complaint.
The Treasury said that while these principles exist in South Africa, they are currently not enforceable, and while client results may have improved somewhat, this has not been consistent across the industry.
The bill will ensure that the TCF principles are legally binding and apply to all financial institutions, he said.
Other proposed changes to the bill include:
- Transformation – This includes the requirement that financial institutions have refined transformation policies to require that policies are more closely aligned with the achievement of tangible objectives. The revised draft also allows the FSCA to issue directives in relation to transformation policies and clarifies that the FSCA may use its supervisory and enforcement powers to ensure that the governance frameworks of a financial institution, including in relation to transformation, are appropriate and are followed.
- More powers for the Financial Sector Conduct Authority (FSCA) – Therefore, the FSCA will be empowered through the standards of conduct provisions in the FSR Act to establish standards of conduct under the COFI Act. The bill will also allow the FSCA to better exercise its powers in conjunction with other relevant laws and other regulators with jurisdiction in the financial sector.
- License – The provisions have been expanded and strengthened to provide a more comprehensive licensing framework for Twin Peaks regulatory authorities.
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