LEGALB HELP CENTRE
LegalB Help Centre
SOUTH AFRICAN LEGISLATION
Please click on the help topic you find most
relevant in order to reach help on that topic. If you cannot find the
help you need, you are welcome to contact us.
1. HELP IN GENERAL [HERE]
2. INFORMATION ON THE LEGALB WEBSITE - SITE MAP [HERE]
3. INTEGRATED USE OF THE LEGALB WEBSITE - USER GUIDE [HERE]
4. OVERVIEWS OF LEGISLATION [HERE]
5. LEGISLATION TEXTS [HERE]
6. GAZETTE SERVICES [HERE]
7. DOCUMENT REFERENCING AND SOURCES [HERE]
8. ENGROSSING OF LEGISLATION [HERE]
9. SUBORDINATE LEGISLATION [HERE]
10. COMMENTARIES ON LEGISLATION [HERE]
11. USE OF WORDS, CONTRACTIONS AND SYMBOLS [HERE]
12. POTENTIAL TRANSGRESSORS [HERE]
13. SEARCHING FOR INFORMATION [HERE]
14. TESTING FOR TRANSGRESSIONS AND STAQ QUESTIONNAIRES [HERE]
15. EXPERTWEB [HERE]
1. HELP IN GENERAL
The LegalB website is structured to ensure intuitive use of the website generates information you are looking for. You are, of course, very welcome to contact us if you need further assistance.
2. INFORMATION ON THE LEGALB WEBSITE - THE SITE MAP
Our site map is located HERE. It should prove useful to finding your way around the information, products and services on the LegalB website. You are very welcome to contact us should you need further assistance.
3. CLIENT USE OF THE LEGALB WEBSITE
Please contact us if you are interested in our training, seminars or workshops on how to:
We have created and uploaded an Overview and Timeline for each South African national and provincial Act on our database, 1994 on. Note that access to Timelines is only on subscription. You can see an Overview HERE.
Why is some text in the Overview gray?
Plain grey text in square brackets [thus] is text we insert in order to provide you with additional information which you may find useful. For example, if a title to a section of an Act is amended, we will insert a note in grey text in square brackets in the Overview, giving the section's previous title.
What do the terms "in force" and "commenced" mean?
We always use the term "in force" to indicate that particular legislation has the force of law and is enforceable, and we always use the term "commenced" in referring to the date on which the relevant legislation was first in force. However, the terms "in force" and "commenced", "in operation", "deemed in force" and "of force and effect" are not generally well defined in relation to legislation and they often appear to be used interchangably or differently in difference documents or by different people, perhaps because their common English meaning allows that flexible use.
Why an index on an Overview differs from the index in an Act?
It is possible that you are looking at the index of an Act which is outdated because it has since been amended. Alternatively, if you are looking at the index of an amended Act, it is possible that the index to the Act was not amended in line with amendments to its titles. It is also possible that the Act was published with errors in its index, or that we have made an error in creating or updating our index to the Act. If this is the case, we would appreciate it if you could inform us of any such instances.
Are Overviews available for all legislation?
No. LegalB Overviews are available for national and provincial legislation that has been promulgated, 1994 on. Where we have reason to create an Overview in respect of a piece of legislation published prior to 1994, we have however done so and often place these online too.
Please note that national legislation Overviews are updated as and when new legislation
is published, but provincial legislation Overviews are less frequently
updated. Also note that local government legislation
and subordinate legislation Overviews are a work in progress, and we hope to make these available
online during the 2008/09 period.
5. LEGISLATION TEXTS
What legislation does LegalB provide online, free of charge?
For research purposes, LegalB provides free to access texts of all unamended versions of national South African Acts, 1994 on. We also provide various other texts online free of charge, as and when we feel this would be of public benefit, and our objective is to provide free to access online texts for all legislation, 1910 on.
Does LegalB provide any amended legislation free of charge?
No. The process of engrossing legislation requires the application of skills and knowledge which is costly to LegalB. These costs are not incurred in respect of unamended legislation. Therefore, amended legislation is available on subscription only, in order to recover the cost of engrossing.
Why does LegalB charge for unamended legislation prior to 1994?
There are particular costs related to providing old order legislation, which prevent us from providing it on the same free to access basis as we provide unamended legislation, 1994 on: For example, legislation prior to 1994 is sometimes difficult to obtain and its relationship to various past legal entities such as the old provinces and bantustan states as well as its current status has to be researched. We do intend, once the pre-1994 database has been properly developed, to provide free to access online unamended of such legislation.
What is the grey text that follows each section in the text of an Act?
The grey text in square brackets found below each section of an Act contains commencement, amendment and repeal dates relevant to that section, along with information identifying amending or repealing legislation.
From this information, you can check what version of the section you are looking at. A shorter version of this grey text is also provided below the text which appears under the relevant label within the section itself, and this therefore this grey text also allows you to check what version of a subsection you are looking at.
This information is sorted, unlike the Overview timeline chronological sorting, in terms of section and
subsection order, under which it is then sorted chronologically.
Why do amended texts sometimes contain grey bolded or underlined text in square brackets?
Such underlined grey text in square brackets is text that is inserted into an Act by an amending Act which did not mark the text as an insertion. Such bolded grey text in square brackets is text that is omitted from an Act by an amending Act which did not mark the text as an omission.
How do I access or obtain an inividual item in the Gazette?
Our Gazette services are available to clients of our broad legislation audit and content analysis services, and include scanning and emailing particular Gazette items. If you would like us to assist you to subscribe to the various hard copies of Gazettes we would be happy to assist. We do not provide full Government Gazettes, as these can be obtained for a very nominal fee.
What are Annotated Gazette Indexes?
LegalB annotates the title of each Gazette item with name and number of th legislation in terms of which, or under which it was published. This information is provided on a weekly basis to subscribers. This service is a time-saving one, and assist our subscribers to track new information relevant to particular legislation they are monitoring or in which they are interested. Annotated Gazette Indexes are provided for Gazettes issued on a weekly basis, and contain information which would assist in identifying the commencement of laws and rules.
How to check if an item has been published in the Gazette?
Our Annotated Gazette Indexes list items published under particular legislation. If you would like to subscribe to this service, you are welcome to contact us.
7. DOCUMENT REFERENCING AND SOURCES
Documents are often headed with the word PRIMARY DOCREF followed by a long string of numbers. What do these mean?
The term "DOCREF" means "Document Reference" and the string of numbers and letters indicates the document source, year, number and section of the document, its date of publication, the gazette number it was published in, the notice number and the regulation number.
For example, the DOCREF string "DOCREF: mp_1995_005_000_19950922_00086_0146_0000" indicates that the source of the document is the Mpumalanga Provincial Legislature and that it is Act No. 5 of 1995, published on 1995/09/22, in Gazette No. 86, in Notice No. 146.
Note however, that where a document is made in terms of powers derived from another primary document, then the DOCREF string of the primary document is provided in the first of the two "tramlines" that appear at the top of the subordinate document under the title "PRIMARY DOCREF", and the DOCREF string of the subordinate document is provided in the second of the two "tramlines" under the title "DOCREF".
If you are not clear what we mean by "tramlines", have a look at the top of this document: its tramlines are the two orange cells containing text at the top of the document, between which the LegalB Logo and a Page title appear.
Can I rely on the information in the DOCREF string as a source reference?
We try as best we can to ensure that the DOCREF contains accurate information as to the publication details of the document, but although in the main it is accurate, we cannot guarantee its accuracy. Therefore, we provide DOCREF information as a research tool only, and recommend that you always check the accuracy of the information you draw from LegalB's DOCREF strings.
8. ENGROSSING OF LEGISLATION
What is engrossing a document mean, and how does it differ from amending a document?
The process of amending a document is the process of deciding what should be changed in a document. The process of engrossing a document, on the other hand, never ever includes the process of deciding what should be amended. It is purely the process of following detailed instructions to omit from or insert into a document particular words, punctuation, headings, fonts, or other elements. The engrossing process is built on the principle that the engrosser should be put in the position of having to decide whether or not an element should be omitted or included in the document being engrossed.
In order to properly engross a document, the engrossing process must be controlled by very strict rules, the engrossing instructions must be very clear, and the engrosser must have a system to indicate unmarked omissions and unmarked insertions and a system to provide commentary for those instances where strict engrossing rules cannot be applied and where engrossing instructions are unclear.
As far as we are aware, the LegalB engrossment service is the only engrossment service which follows proper engrossment principles, applies proper engrossment rules, uses proper engrossment marks for unmarked omissions and insertions, and has an commentary procedure which state engrossment difficulties arising from engrossing instructions.
What are unmarked omissions and unmarked insertions?
An amending Act typically shows text of the Act to be amended, and marks some of that text to be omitted, and/or marks some of that text as text to be inserted. The marks it uses to indicate omissions and insertions are usually explained at the beginning of the amending Act.
However, sometimes the amending Act does not accurately show the text of the Act to be amended. Sometimes, the amending Act will mark a word as a word to be inserted but the word is already contained in the Act to be amended. Or the amending Act will mark a word as a word to be omitted but the text of the Act to be amended does not contain that word.
Text such as this is referred to as unmarked omissions and unmarked insertions. Where the amending Act contains such errors, LegalB engrossers use a unique system to mark the affected text as either an unmarked insertion or an unmarked omission.
Why does amended
legislation supplied by LegalB sometimes differs from the amended
legislation supplied by other suppliers of amended legislation? Surely
the letter of the law should be the same?
There are a number of possible reasons for this.
Firstly, LegalB believes that a primary principle
of engrossing is that as soon as an
engrosser begins second guessing the intention of the legislature
because he or she thinks the engrossing instruction is wrong, it is the
engrosser who is making the law, and this can never be correct.
LegalB's policy arising from this is that engrossing instructions
contained in amending legislation have to be followed implicitly.
This principle and policy has not been adopted by
other suppliers of engrossed legislation, who appear to allow their
(who are called "editors") the leeway of second guessing the intention
the legislature where engrossing instructions are unclear, ambiguous or
obviously in error. In the result, the text of amended legislation
engrossed by LegalB will fairly frequently and perhaps substantively
differ from the text of legislation amended by other suppliers of
amended legislative texts.
Another possible reason for differences between the text engrossed by LegalB and the text amended by other suppliers of amended text, is that text engrossed by LegalB includes marks that indicate unmarked omissions and unmarked insertions (see above for definitions of these), whereas the text amended by other suppliers of amended legislation does not include such marks. Because LegalB's engrossers are not allowed to second guess the intention of the legislature, they are obliged to use special engrossing marks to indicate unmarked omission and unmarked insertion, by placing such text as grey text within square brackets that is bolded in the case of an unmarked omission and that is underlined in the case of an unmarked insertion. Therefore, the text of amended legislation engrossed by LegalB will frequently differ quite significantly from texts amended by other suppliers of amended legislation, who do not use such marks, and who make decisions as to how to integrate unmarked omissions and unmarked insertions into the plain text of the amended legislation.
Further, where LegalB engrossers find it
impossible to carry out the engrossing
instructions of an amending text, or where the engrossing instructions
are ambiguous, they are obliged to create a commentary recounting
engrossing difficulties and the engrossers decisions and reasons in
regard to such difficulties, and to refers the reader by way of a
double asterisk in grey (**)
in the amending Act and in the
amended Act to this commentary. Other suppliers of amended legislation
do not provide commentaries associated with engrossment difficulties.
Where this occurs, amended text in respect of which engrossing
instructions are difficult to follow is on occasion simply not
provided, and the reader is directed to a note explaining that the text
is not provided.
The only other source of difference in text engrossed by LegalB and amended by other suppliers of amended legislation would be due to error on the part of either LegalB or others who have supplied the amended text. Please contact us if you suspect that such an error has been made.
Can you explain the engrossing marks you use?
Our engrossing mark system is explained to clients
of our consultancy services, within the context of training, seminars
and workshops. If you
are interested in attending such a workshop or seminar, please contact us.
9. SUBORDINATE TEXTS
What are "subordinate texts"?
Where text is made in terms of powers contained in legislation, then we refer to that text as "subordinate text". Typical examples of subordinate texts are regulations and notices that are published in the national Government Gazette or relevant Provincial Gazettes, and which usually state the powers in terms of which they were made.
Where can I get a list of subordinate text for a section of an Act?
LegalB specialises in providing research copies of subordinate texts which relate specifically to either commencement dates of legislation, the nomination and appointment of persons to entities set up in terms of an Act, and to regulations made in terms of an Act.
Where such subordinate texts are issued in terms of a power contained in an Act, these texts are listed in a table that can be reached by clicking on the "subordinate text" link at the top of all documents to do with that Act. The table of subordinate texts lists, under the section of the Act in terms of which the subordinate text was made, the document reference ("DOCREF") of each subordinate text on the LegalB database. To access the text of a subordinate text, click on the link provided on the table to that subordinate text.
Note that subordinate text lists and subordinate texts are available on subscription only. Please contact us if you want to subscribe to these.
How can I find the publication details of subordinate text?
On the LegalB website, subordinate texts are filed, linked and referred to by their document reference ("DOCREF") in the format "YYYY_NNN_SSS_DATE OF PUBLICATION_GAZETTE NO_VOL_NOTICE_REGULATION GAZETTE NO", where the "YYY_NNN_SSS" portion of this string refers to the year, number and section of the Act in terms of which the subordinate text was made. Therefore, for example, the DOCREF string "1988_057_024_19930813_15061_0000_1540_0000" informs you that the subordinate text was made in terms of s24 of the Trust Property Control Act, No. 57 of 1988 and was published on 1993/08/13 in Government Gazette No. 15061, in notice number 1540. You can obtain publication details of a subordinate text that is listed on the Subordinate Texts List for an Act by hovering your mouse over the link to that subordinate text and noting the information in the DOCREF.
Note however that you need to have subscribed to
an Act's subordinate text in order to access the Subordinate Texts List
for an Act. Please contact us if you want to subscribe to any such list. .
How do I know which powers a person or body was acting in terms of in issuing subordinate text?
Usually you will be able to see under which section subordinate text was made by looking at the heading or the text of the subordinate text, because that is where the section of the Act in terms of which the person issuing the subordinate text acted in making and issue the subordinate text, is identified. If you hover your mouse over a link to subordinate text on the LegalB site, you will be able to determine the empowering section because that information is contained in the document reference ("DOCREF") string.
10. COMMENTARIES ON LEGISLATION
What do LegalB Commentaries focus on?
LegalB Commentaries focus on difficulties relating to firstly, procedural difficulties related to commencement provisions, powers, and engrossment issues and secondly, substantive issues revealed through a process of content analysis of the text of the legislation, and during the process of STAQ development.
For example, if we notice that the President has
issued a proclamation commencing an Act in terms of a
section which does not grant him powers of commencement, we would
create a commentary that the Act may have been improperly commenced. If
we see that persons are appointed to an entity such as a board, but
cannot find as required by the legislation a Gazette notice
calling for persons to be nominated for appointment to that entity
before their appointment then we would provide a Commentary to this
effect. If engrossment instructions in an amending Act are so
unclear that they cannot be carried out, a Commentary would be created
to that effect. If an amendment to an Act changes particular words in
some sections of the Act and not others, and failure to make the change
in all sections results in substantive contradictions in the Act, we
would create a Commentary on that issue.
LegalB Commentaries provide a unique perspective on legislation and they are therefore likely to contain information which is not available elsewhere. They are designed for legal practitioners, researchers and experts in the field to which the legislation relates, but may be of use to others too. Our Commentaries are frequently amended and updated as and when we work through the legislation and as new information comes to our notice. Should you have any queries, please contact us.
What can LegalB Commentaries by used for?
LegalB Commentaries are ideally suited to those who want to establish whether or not a particular piece of legislation is of any force and effect, and what version was of force and effect, on a particular date. They are also useful to those who need to establish whether or not an entity established in terms of legislation has any force and effect. They are also ideally suited to anyone interested in discovering contradictions, inconsistencies and anomalies which may affect the interpretation of that legislation.
LegalB Commentaries are therefore ideally used as a tool of first and
last resort by anyone attempting to enforce or escape the enforcement
of a particular piece of legislation, within the context of a particular set of facts.
LegalB Commentaries often contain links to Commentary on a different piece of legislation. How do such cross-referenced Commentaries work?
Often LegalB Commentary relates to more than one piece of legislation. Where this is the case, we provide a cross reference Commentary link from all Acts we identify as affected, to the primary Commentary on the Act which has affected those Acts.
For example, where an amending Act represents text of an amended Act incorrectly, our primary Commentary would be on the amending Act, but we would also create a Commentary for the affected amended Act which contains a cross reference Commentary link to the amending Act.
If you click on the
cross-reference Commentary link, you would be able to access the
Commentary on the amending Act, and check how issues in that amending
Act may cause issues in the Act you are interested
Commentaries seem to use very technical language and shorthand descriptions of Acts and sections. How can I understand these?
In writing a Commentary, we often have to refer to a number of specific sections and subsections, and subsections of these, of various Acts. To write the references to these out in full would result in voluminous text, with the result that the reader will not see the wood for the trees. Therefore, we make use of a document reference string ("DOCREF") to represent the document's year, number and section, in the format "YYYY_NNN_SSS" and we sometimes add a string in the format "YYYYMMDD" to represent the year, month and day of publication of the document.
Although this document reference system may seem complex to you at first, you should find it intuitively easy to use once you know how document reference strings are constructed, and they allow you to see a glance information which would, if written out at length, take you minutes to read and tease apart.
The following are examples of document reference string:
Note that in our Commentaries, references to a document are references to the document as unamended, unless otherwise indicated. Where a document is amended or repealed, we insert the text "(as amended by ...)" or "(as repealed by...)" at the end of the document reference string. For instance, a document reference string that refers to "section 2 of the Land Administration Act, No. 2 of 1995 as amended by the Schedule to section 35 of the Public Service Laws Amendment Act, No. 47 of 1997" would be "Act 1995_002_002 (as amended by Act 1997_047_035 Schedule)". The document reference string used in Commentaries is part of the more comprehensive LegalB Document Reference system which is described more fully HERE.
What do the various contractions used in the Commentaries mean?
We have tried to restrict our use of contractions as much as possible. One which we use fairly frequently is "GG", which is a reference to the national Government Gazette.
How do I know if a Commentary is available for a particular piece of legislation?
It is always useful to know whether a LegalB Commentary is available for a particular piece of legislation because if it is, procedural or substantive issues may exist in relation to at least one or other section of the legislation, which may be relevant to your interests.
A quick way to find out whether we have a
Commentary for a particular piece of legislation is to hover your mouse
over the "Commentary" link at the head of the Overview or the text of
the legislation you are interested in, and check whether a DOCREF
substring in the format "YYYY-NNN-000-vYYYMMDD..." is present or
not. If it is present, an online Commentary is available. If not,
you are welcome to contact us and ask after a Commentary on the legislation.
How do I access a the Commentary on a particular piece of legislation?
Please note that LegalB Commentaries are available on subscription only.
To access a Commentary, click on the "Commentary" link at the head of the Overview or text of the relevant piece of legislation. You will be asked to enter your user name and password, and once you have done this, the Commentary will be loaded to your screen.
If clicking on the Commentary link results
in a page loading which informs you that the document is not
available, or if it results in an error message, please contact us for assistance.
How much does it cost to subscribe to a Commentary on a single Act?
The subscription fee for a Commentary can be obtained on request. Please contact us for further information.
How extensively is the LegalB Commentary database?
We have developed Commentaries for hundreds of pieces of legislation, and this database is an ever growing one.
11. USE OF WORDS, CONTRACTIONS AND SYMBOLS
What does "PG", and "GG", refer to?
PG refers to "Provincial Gazette". Each of the nine provinces of South Africa has a Provincial Gazette, and the PG referred to would be the one for the relevant province. GG refers to the national "Government Gazette", which is the Gazette used for national publications, rather than provincial publications.
What do the words "engrossing" and "engrossed" mean?
"Engrossing" is the process of producing a final document by incorporating amendments by following instructions to omit and insert text elements. In relation to legislation, engrossing is the process of producing a final amended version of a piece of legislation by closely following engrossing instructions in amending legislation, thus creating a new version of the legislation amended. More thorough information on engrossing is available HERE.
What do you mean by a "version" of an Act?
The unamended Act, as first published, is the first version of an Act. Each time another Act amends and/or partially repeals one or more elements of the Act, a new version of the Act is created through a process of engrossing (see the definition of "engrossing" above). LegalB identifies which version of an Act you are looking at in the cell which appears just below the title of the Act. A list of the different versions of an Act, and links to the text of each of these versions, can be found at the end of our Overview of the Act. In the text of a piece of legislation, we also identify the version of the Act in grey text that appears below the text of each of its sections, and below the headings and sections where these have changed.
What does "[sic]" mean.. I've seen it in the text of documents, usually in grey and in square brackets?
"Sic" means the text "appears thus" in the original. The use of "sic" is a common way of letting readers know that although it looks like a mistake has been made, the original text of the document appear as reflected. Usually, if we notice what appears to be an error in original documentation, we let the originator of the document know and ask for clarity which, once received, we use to either update our text or our notes to the text. However, we do not often receive replies to these requests for clarification.
Where mistakes occur in the text of
documents carrying legislation, these may be caused by the government
department handling the Act, by the original printer of proof copies of
the legislation, by the government printer, or by any re-distributor of
that if we are not sure that our wording is correct, we indicate this
with an asterisk * in grey font, and follow the same route of seeking clarification
as to what the text should be. If you see what you think is an
error in any documentation you find on the LegalB web site, please let us know.
I see you don't use italics for foreign words and concepts... is there a reason for that?
No, we just don't use italics because we see no reason to do so. We have tried to restrict our documentation to two text colours (black and grey), three text formats (plain, bold and underlined) and one font size, so that our documents are as simple and uncluttered as possible. Therefore, unless there is good reason to use an additional text format such as italics, we will not in principle use it.
However, where legislation texts use italics to indicate
words that are defined in its definitional section, we do retain
italics. Therefore, please
check the original texts of legislation if you want to see where
italics are used.
What is a "commencement date" of an Act, and how do you work it out?
LegalB defines a commencement date of an Act as the date on which the Act first had the force of law. Where different sections of an Act have the force of law on different dates, there is no one commencement date that applies to the Act as a whole, because the different commencement dates apply to relevant sections of the Act, rather than to the Act as a whole.
Quite stringent rules have to be applied to work out what the commencement date of an Act is. At different stages of South Africa's history, different rules have had to be applied to work out what this date is. Currently, the Constitution of the Republic of South Africa Act, No. 108 of 1996, contains provisions as to the commencement of Acts. It provides for instance that the default commencement date of an Act is the date of its publication in the Gazette.
However, this date is difficult to determine with complete certainty because Gazettes are sometimes made available before the date reflected on the Gazette as its publication date, or are sometimes embargoed until after that date and no reliable records of such early availability or late availability of Gazettes are kept, even although in such cases the commencement date may not be taken to be the date reflected on the Gazette as its publication date. Therefore please keep it in mind that where we fix the commencement date of an Act as the date of its publication in the Gazette, there is a chance that the Gazette in which the Act was published was released early or embargoed, and that the commencement date of the Act therefore may not be the date reflected on the Gazette as its publication date.
Where an Act
provides that one or other of its sections come into force on a date
different to the date of publication of the Act in the Gazette, or that
the date of commencement
be fixed by the President or another official, then commencement
dates would apply to particular sections rather than the Act as a whole.
What is the "timeline" of an Act, and how can I use the timeline information that you provide?
The "timeline" or an Act refers to the period of its existence, from the date assented to by the President to the date of its repeal. To this timeline, we add the date of commencement of each amendments to the Act. We also add to the timeline, where relevant, the date on which a Constitutional Court of South Africa order of invalidity commences. This timeline information is provided in table format in the Overview to an Act, and below and in each section of the text of an Act.
Timeline dates allows you to identify which
version of a section of an Act was in force on any particular date.
Timeline information also allows you to find the start and end dates during
which any version of any section of an Act was in force.
What is the significance of the grey text in some of your documentation?
Grey text enclosed in square brackets [like this] indicates that the text is inserted by LegalB, and it not a part of the text of the document itself. Such grey text contains information about the document, its text and its history. We have used light grey for this text so as to not detract from the visibility of the main text in the document. If however, you find it difficult to read the grey text, block the text by dragging your mouse over it with the left button down, and you should find it easy to see.
What does "0000/00/00" mean?
We use the YYYY/MM/DD string to indicate the year, month and date. Zeros within this string indicate that the relevant information is either not available or not relevant. For example, the string "0000/00/00" refers to a date that is not available. The string "1994/00/00" refers to the year 1994, while the string 1994/01/01 refers to the first of January, 1994. We reduce this string to 00000000 where we use it in a file name, and you will see this format if your hover your cursor over a hyper link, or if you look at the document references at the head of documents. In this string, 19940300 would refer to March 1994.
What does a string like "1995_003_001" mean?
In naming and referring to documents, we use the format YYYY_NNN_SSS to indicate an Act by its year, number and sections. Zeros within this string indicate that the relevant information is either not available or not relevant. Therefore, the string "1998_016_000" is a reference to Act 16 of 1998, and the string "1998_016_001" and "1998_016_003_003(1)" are references to section 1 and 3(1) of that Act respectively.
We usually preface such document reference strings with a code to indicate the legislature which originated, unless the originating legislature is the national legislature. For example, the string "mp_1998_016_003(1) is a reference to section 3(1) of Act No. 16 of 1998 of the Mpumalanga Province. However, the string "1998_016_003(1) is a reference to section 3(1) of the national Act No. 15 of 1998.
Note also that we use the ISO country code
as a preface code for legislation from other jurisdictions.
Potential transgressors are persons or entities who have the potential to transgress a particular piece of legislation. For example, if an Act provides that persons over 18 can drive a vehicle if they have a licence, then the potential transgressors of the Act are persons over 18.
What are potential transgressor lists used for?
There are many uses for a potential transgressor list. A potential transgressor list that includes someone such as yourself will put you on notice that it is possible for you to transgress the legislation to which the list relates. Companies can use potential transgressor lists to assist them to draw up a legal register of Acts to which they must comply or in respect of which they may be in transgression. If you would like further information on potential transgressor lists and how you could use them please contact us.
Do you compile potential transgressor lists for any legislation?
Yes. We have a large database of potential transgressor lists, particularly in the environmental compliance field, and we draw up potential transgressor lists as and when required in respect of any national or provincial legislation, or any local government by-laws
13. SEARCHING FOR INFORMATION ON THE LEGALB WEBSITE
Is there a search button on the website?
Yes there is. You will find it either at the top right of each page, or, if you are on a page of legislation, you will find a search button just below the top of the two gold "tramlines" on the page on which the legislation appears.
Can I use boolean expressions in search mode?
Yes. The search function is greatly enhanced by using boolean expressions.
Why can I not find a piece of legislation when I search for it?
Either the information is not online, or it is behind a firewall, or your search string was not correctly entered. Please contact us for assistance.
14. TRANSGRESSION TESTING AND STAQ TRANSGRESSION QUESTIONNAIRES
What are STAQs?
LegalB's Statutory Transgression Analysis Questionnaires (STAQs) are online tools which are used to identify factual circumstances which may amount to transgressions of legislation. They are available on subscription only. If you are interested in subscribing to a particular STAQ, please contact us.
I cannot access a STAQ to which I have subscribed. What can I do?
When you subscribe to a STAQ we send you a URL which you must enter into the address bar of your browser. After entering this URL in the address bar of the browser, you will be prompted to enter the user name and password under which your subscribed to the STAQ, and then you should be able to access the STAQ.
If you receive an error message at this stage, please copy and past the message to an email and email it to us so that we can resolve the problem.
I have questions about STAQs for which I cannot find answers on this page. Where should I go for more information?
STAQs are powerful tools, and to make sure you are
able to maximise your use of all the powerful features offered by
STAQs, we recommend that you work through the STAQ User Guide before undertaking your first STAQ. You are welcome to contact us should you need further assistance before attempting a STAQ, or whilst undertaking a STAQ.
Can I use STAQs to monitor compliance of a number of people and entities, at the same time?
STAQs are useful tools to concurrently monitor compliance by a great number of potential transgressors. If you would like to know more about bulk compliance monitoring of potential transgressors, you are welcome to contact us.
15. THE EXPERTWEB
What is the Expertweb?
The Expertweb is a database of advertisers on the LegalB website, who provide expert and practitioner support services in relation to the content of the page on which they advertise. You can learn more about the Expertweb HERE.
I need someone to
help me comply with an Act, but no expert is advertising on
the page of the Act in respect of which I need assistance. Can you refer me to someone?
If you contact us with details of the page you refer to, we can check whether any Expertweb member has listed their services against that page. If there is, we can provide you with their contact details. If we do not have a relevant Expertweb member listed on our database, we cannot assist. However, if you find someone suitable please contact us with their details so that we can approach that expert or practitioner and invite them to become part of the LegalB Expertweb.
Do I have to pay for an Expertweb member to help me?
LegalB is only the advertising platform for Expertweb members. Whether you pay for their services or not is for discussion between you and the relevant Expertweb member.
How can I become an Expertweb member?
You would need to contact us with a request to be added to our Expertweb database, and provide us with details of your or your company's expertise, practical experience, and accreditations, as well as details of the URL of the particular LegalB web page where those find relevance. For example, if you are a legal representative who specialises in sport and doping matters, and you decide to advertise against section 17 of the South African Institute for Drug-Free Sport Act, No. 14 of 1997 (which has to do with appeals related to doping matters), you would provide us with some details as to your legal qualifications and practical expertise in the field of legal process, sport, doping, and so on, and the relevant URL (in this case, probably this URL) against which you would like to be listed as an expert and practitioner.
If I become an Expertweb member, will I be working for LegalB?
Not at all. We provide advertising space, for experts and practitioners, on web pages which they think best relates to their expertise and practical skills. We do not have any other legal relationship with the Expertweb member, whether as employee or otherwise.
Do I have to pay to become an Expertweb member?
A listing on our database as an Expertweb member in relation to a particular page on LegalB is free. Should we receive an email of telephone call requesting assistance in relation to the page you are listed against, we would refer the enquirer to you, free of charge. Where more than one Expertweb member is listed against a page, we would refer up to three Expertweb members to the enquirer, also free of charge to the Expertweb members..
However, where an Expertweb member is listed on our database in relation to more than one LegalB web page, or takes advertising space on a page relevant to particular expertise and practical skills, we do charge a advertising fee. Please contact us for more information in this regard.
I have heard that if I am listed on the Expertweb database, you will recommend us to those who are found to be in transgression while doing a STAQ questionnaire. How does that work?
Where a STAQ report identifies that a factual transgression of an Act has possibly occurred, we provide information in that STAQ report about Expertweb members who may assist the transgressor with compliance matters.
We also provide information against questions in a STAQ about relevant Expertweb members, so that if the person undertaking the STAQ does not have the expertise and skills necessary to establish facts necessary to answer the STAQ question, an appropriate Expertweb member can be approached for assistance.