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Critical Infrastructure Protection Act on Track

March 11, 2022

The Presidency

Certain sections of the Critical Infrastructure Protection Act come into effect on 30 April 2022.

The presidency published Proclamation 54 in Government Gazette 46024.

President Ramaphosa assented to the act in November 2019.

Parliament passed the Critical Infrastructure Protection Bill and sent it to the president for assent in March 2019.

The bill was published for comment in 2016 and tabled in parliament in October 2017.

The national council of provinces passed the bill and returned it to the national assembly for consideration of proposed amendments in December 2018.

According to the bill’s memorandum of understanding, it sought to replace the National Key Points Act of 1980 and corresponding laws of the former TBVC States.

The act was described as outdated and had not been amended since it came into effect.

The bill also responded to international developments relating to the protection of critical infrastructure.

“It is increasingly accepted that the protection of critical infrastructure has become a much broader concept with a distinctly new focus in that the concept increasingly refers to preventative security measures as well.”

The act aims to:

• provide for the identification and declaration of infrastructure as critical infrastructure;
• provide for guidelines and factors to be taken into account to ensure transparent identification and declaration of critical infrastructure;
• provide for measures to be put in place for the protection, safeguarding and resilience of critical infrastructure;
• provide for the establishment of the Critical Infrastructure Council and its functions;
• provide for the administration of the Act under the control of the National Commissioner as well as the functions of the National Commissioner in relation to the Act;
• provide for the establishment of committees and their functions;
• provide for the designation and functions of inspectors;
• provide for the powers and duties of persons in control of critical infrastructure;
• provide for reporting obligations;
• provide for transitional arrangements;
• provide for the repeal of the National Key Points Act, 1980, and related laws; and
• provide for matters connected therewith.

Sections 1, 2, 3, 4, 5, 6, 7(1)(b), 7(3), 7(4), 7(5), 8, 9(1), 9(2), 12, 14(5), 14(6), 14(7), 15, 27(1), 27(5), 27(7) and 27(8) come into effect on 30 April 2022.

The sections focus on, inter alia, the Critical Infrastructure Council, functions of National Commissioner and Regulations.