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Critical Infrastructure Protection Act Signed

November 29, 2019

The Presidency

29 November 2019

President Ramaphosa has assented to the Critical Infrastructure Protection Act.

Parliament passed the bill and sent it to the president for assent in March 2019.

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

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

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The act was described as outdated and had not been amended since it came into effect.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

The act, published in Government Gazette 42866, will come into force on a date still to be determined by the president.