Consult the detailed scoring methodology.
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies develop forward regulatory plans – that is, a public list of anticipated regulatory changes or proposals intended to be adopted/implemented within a specified time frame? | Yes, throughout government | |
| Are these plans available to general public? | Yes |
The ministries and regulatory agencies publish their Annual Reports, which outlines the future policy developments on a unified website, as well as, on the individual websites of different ministries and regulatory agencies. For example, the website of Parliamentary Monitoring Group publishes all the Annual Reports at one place (https://pmg.org.za/page/Government%20Departments%20&%20Entities%202016-2017%20Annual%20Reports). Likewise, these Annual Reports are also available on the individual websites of the ministries and regulatory agencies - for example: the Department of Trade and Industry publishes its future policy developments in the Annual Performance Plan on their website (http://www.thedti.gov.za/DownloadFileAction?id=1162).
|
| Do ministries or regulatory agencies publish the text or summary of proposed (not yet adopted) regulations before their enactment? | Yes, throughout government | |
| Where is the draft text or summary published? |
On a unified website where all proposed regulations are published; on the website of the relevant ministry or regulator; printed in a federal journal ...
More
On a unified website where all proposed regulations are published; on the website of the relevant ministry or regulator; printed in a federal journal or similar publication; directly distributed to interested stakeholders. |
https://www.gov.za/documents/draft-bills
http://www.justice.gov.za/legislation/invitations/invites.htm Upon Cabinet approval, draft text is published in the Official Gazette. Proposed regulations are distributed through seminars, workshops, and symposiums. |
| Do ministries or regulatory agencies have the legal obligation to publish the text of proposed regulations before their enactment? | Yes, throughout government |
The Constitution of the Republic of South Africa (1996).
|
| Is the entire text of the proposed draft published? | Yes, throughout government | |
| Is there a period of time set by law for the text of the proposed regulations to be publicly available? | No |
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies solicit comments on proposed (not yet adopted) regulations from the general public? | Yes, throughout government | |
| How are the comments received? |
On a unified website for all proposed regulations; on the website of the relevant ministry or regulator; through public meetings; through targeted out...
More
On a unified website for all proposed regulations; on the website of the relevant ministry or regulator; through public meetings; through targeted outreach to stakeholders, such as business associations or other groups; through email; through mail/courier. |
|
| Are received comments publicly accessible? | No |
The comments on the draft proposal are only accessible to the policymakers for consideration.
|
| Is the rulemaking body required by law to solicit these comments on proposed regulations? | Yes |
The Constitution of the Republic of South Africa, 1996
|
| Is there a specialized government body or department tasked with soliciting and receiving these comments? | No | |
| Do ministries or regulatory agencies report on the results of the consultation on proposed regulations? | No | |
| How does the government report on the results of the consultation? | n/a | |
| Where does the government report on the results of the consultation? | n/a | |
| Is reporting on the results of the consultation required by law? | No |
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies conduct an impact assessment of proposed (not yet adopted) regulations? | Yes, throughout government |
An impact assessment is conducted through Socio-Economic Impact Assessment System (SEIAS).
|
| Are there criteria used for determining which proposed regulations are subjected to an impact assessment? | No | |
| Are there any specific regulatory impact assessment guidelines? | Yes | |
| Are impact assessments required by law? | Yes |
Cabinet decision of October 1, 2015 (http://www.dpme.gov.za/keyfocusareas/Socio%20Economic%20Impact%20Assessment%20System/Pages/default.aspx).
|
| Are impact assessment made publicly available? | Yes | |
| How is this assessment distributed? |
Through the website of the relevant ministry or regulator; through public meetings; through targeted outreach to stakeholders, such as business associ...
More
Through the website of the relevant ministry or regulator; through public meetings; through targeted outreach to stakeholders, such as business associations or other groups. |
|
| When is this assessment distributed? | Together with the draft proposed legislation. | |
| Is there an obligation for regulators to consider alternatives to proposed regulation? | Yes, throughout government |
Socio-Economic Impact Assessment System (SEIAS) compels policy makers to consider alternatives.
|
| Is there a specialized government body tasked with reviewing and monitoring regulatory impact assessments conducted by other individual agencies or government bodies? | Yes | |
| Please provide the name of this government body, and explain its functions. | The Department of Planning, Policy, Monitoring and Evaluation (DPME) |
| Question | Answer | Note |
|---|---|---|
| Are the laws that are currently in effect available in a single place? | Yes | |
| How are the laws that are in force accessed? |
On a unified website managed by the government Printed in an official gazette / journal or other publication |
https://www.parliament.gov.za/legislation?sorts[date]=-1; and https://www.gov.za/documents/acts
Government Gazette of South Africa |
| Are the secondary regulations that are currently in effect codified and available in a single place? | Yes | |
| Are these websites or registries updated regularly? | Yes | |
| Can these websites or registries be accessed by the public free of charge? | Yes |
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies conduct ex-post reviews? | Yes, throughout government | |
| Are there any criteria for which regulations are subject to ex-post reviews? | No | |
| What specific approaches are used by your government? |
Rolling Reviews Legislation-specific review requirement Ad-hoc reviews |
|
| Are ex-post reviews required by law? | No |