Procedure for making regulations
(1) The Minister, before making or amending any regulations referred to in section 112(1), must publish a notice in the Gazette— (a) setting out that draft regulations have been developed; (b) specifying where a copy of the draft regulations may be obtained; and (c) inviting written comments to be submitted on the proposed regulations within a specified period.
(2) After complying with subsection (1) and after consultation with the Regulator in respect of the draft regulations referred to in section 112, the Minister may— (a) amend the draft regulations; and (b) subject to subsection (5), publish the regulations in final form in the Gazette.
(3) The Regulator, before making or amending any regulations referred to in section 112(2), must publish a notice in the Gazette— (a) setting out that draft regulations have been developed; (b) specifying where a copy of the draft regulations may be obtained; and (c) inviting written comments to be submitted on the proposed regulations within a specified period.
(4) After complying with subsection (3), the Regulator may— (a) amend the draft regulations; and (b) subject to subsection (5), publish the regulations in final form in the Gazette.
(5) (a) The Minister or the Regulator, as the case may be, must, within 30 days before publication of the regulations in the Gazette, as referred to in subsection (2)(b) or (4)(b), table them in Parliament. (b) Subsection (1) or (3) does not apply in respect of any amendment of the regulations as a result of the process referred to in paragraph (a).
What this means for your estate
- New or amended regulations go through public Gazette notice and comment (subsections (1)-(4)) and then tabling in Parliament before taking final effect (subsection (5)), if a proposed regulation would affect estate compliance, this comment window is the opportunity to raise it before it's finalised.
PopiGuard tracks proposed POPIA regulation changes through this process, so an estates-relevant amendment is visible well before it takes effect.