BUSINESS EDGE - NOV 23

This communication highlights the latest statutory amendments, enactments, case law, notices, and ancillary developments relevant to the SERR Synergy legal compliance products and services.?

BROAD-BASED BLACK ECONOMIC EMPOWERMENT

The Department of Agriculture, Land Reform and Rural Development published the Procedures for the Application, Administration and Allocation of Export Quotas under the Economic Partnership Agreement between the European Union and Southern African Development Community for 2024 in Government Gazette No. 49588 dated 31 October 2023.

INFORMATION COMPLIANCE

The Information Regulator announced on 6 October 2023 that the prescribed Promotion?of Access to Information Act (PAIA)?Forms were updated and must be utilised for reasonable access to the records of Public and Private Bodies. Public and Private Bodies have been requested to ensure that the following prescribed forms are uploaded on their websites:

• Form 02: Request for Access to Record [Regulation 7] – Public and Private Bodies;
• Form 03: Outcome of request and of fees payable [Regulation 8] – Public and Private Bodies;
• Form 04: Internal Appeal Form [Regulation 9] – Public Bodies only.

Furthermore, the above prescribed PAIA Forms must be uploaded to the websites of all Public and Private Bodies within fourteen (14) days of receipt or publication of the notice.

CORPORATE GOVERNANCE

• The Companies and Intellectual Property Commission (CIPC) issued a Customer Notice dated 19 September 2023 confirming 1 October 2023 as the enforcement date for the beneficial ownership filings and securities registers.
• The CIPC published a Practice Note dated 30 September 2023 setting out the process a company can utilise to challenge documents filed with the CIPC, and provided a remedy for aggrieved parties embodied in Regulation 168(6) of the Companies Act Regulations, namely: “(6) A company may challenge any document filed with the Commission within 10 business days by filing a notice in Form CoR 168.”
• The CIPC notified the public in Government Gazette No. 49556 dated 27 October 2023 that its offices would be closed to the public from 10:00 on 22 December 2023 until 1 January 2024. The lodgement of documents and services of legal documents will be accepted until 15:30 on 21 December 2023.
• Furthermore, during this period services processed by automated means will continue to be processed, while those services that require back-office intervention or finalisation, for example services which require scanned documents to be sent to dedicated e-mail addresses or uploaded via electronic platforms for instance New E-Services, will only resume on 2 January 2024.

LABOUR RELATIONS

LATEST CASE LAW DEVELOPMENTS:

Van Wyk and Others v Minister of Employment and Labour (2022-017842) [2023] ZAGPJHC 1213 (25 October 2023)

The High Court declared sections 25 (Maternity leave); 25A (Parental leave); 25B (Adoption leave) and 25C (Commissioning parental leave) of the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997), together with corresponding sections 24, 26A, 27 and 29A of the Unemployment Insurance Fund Act, 2001 (Act No. 63 of 2001) invalid, as they are inconsistent with sections 9 (the right to equality) and 10 (the right to human dignity) of the Constitution of the Republic of South Africa, 1996.

The Court held that the aforementioned sections are invalid to the extent that they unfairly discriminate between mothers and fathers, and also unfairly discriminate between one set of parents and another based on whether their children were born of the mother, conceived by surrogacy, or adopted. Furthermore, the declaration of invalidity has been suspended for two years to allow Parliament to make the necessary changes to the applicable legislation. Pending the remedial legislation enacted, the provisions have also been amended by the Court.

Please click here to view a recent article published by SERR Synergy discussing the Van Wyk case.?

LABOUR RELATIONS ACT, 1995 (ACT NO. 66 OF 1995)?

The Registrar of Labour Relations announced the registration of the following Trade Union and Employers’ Organisation:?

• The Elgin Democratic Workers Union of South Africa (EDWUSA) with effect from 18 August 2023, in Government Gazette No. 49220 dated 1 September 2023;
• The Polypropylene Products Manufacturers Employers’ Organisation with effect from 18 September 2023 in Government Gazette No. 49405 dated 6 October 2023;

?The Registrar of Labour Relations cancelled the registration of the following Trade Unions:?

• The Agricultural National and Allied Workers Union (ANA) with effect from 4 October 2023, in Government Gazette No. 49448 dated 9 October 2023;
• The Free State Taxi Drivers’ Trade Union with effect from 4 October 2023, in Government Gazette No. 49449 dated 9 October 2023;
• The Metal, Farming, Entertainment, Retail, Electrical, Building and Allied Workers Union (MFEREBU) with effect from 16 October 2023 in Government Gazette No. 49513 dated 18 October 2023;
• The Influential Information and Communication Union of South Africa (IICUOSA) with effect from 17 October 2023 in Government Gazette No. 49514 dated 18 October 2023;
• The Entertainment Catering Commercial and Allied Workers of South Africa (ECCAWUSA) with effect from 17 October 2023 in Government Gazette No. 49544 dated 23 October 2023.

The Department of Labour and Employment published the latest lists of registered and cancelled Bargaining Councils, Employers’ Organisations, Trade Unions as well as Federations of both Employers’ Organisations and Trade Unions for September 2023.

The following Bargaining Council’s Collective Agreements have been amended:

• The Main Collective Agreement of the Bargaining Council for the Meat Trade, Gauteng has been extended to Non-Parties with effect from the second Monday after the date of publication of this notice until 30 June 2026, in Government Gazette No. 49346 dated 22 September 2023;
• The Agency Shop Fee Collective Agreement of the Bargaining Council for the Furniture Manufacturing Industry, KwaZulu-Natal has been extended to Non-Parties with effect from the second Monday after the date of publication of this notice and shall remain in force for a period of 12 months, in Government Gazette No. 49378 dated 29 September 2023;
• The Main Collective Agreement’s period of operation of the Bargaining Council for the Fishing Industry has been extended to Non-Parties until 31 October 2023, in Government Gazette No. 49382 dated 29 September 2023;
• The Main Collective Agreement of the Bargaining Council for the Fishing Industry has been extended to Non-Parties with effect from the second Monday after the date of publication of this notice until 30 September 2024, in Government Gazette No. 49517 dated 20 October 2023;

?President Cyril Ramaphosa addressed the nation on 30 October 2023 and declared 15 December 2023 a public holiday, in celebration of the Springboks winning the 2023 Rugby World Cup.?

?Our Labour team guides and assists businesses in proactive and supportive ways with regard to the required processes and procedures to ensure compliance with labour legislation?and to mitigate the risks to which businesses are exposed in relation to employment issues. For assistance or guidance?please contact?any of our nationwide offices.

OCCUPATIONAL HEALTH AND SAFETY COMPLIANCE

COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT, 1993 (ACT NO. 130 OF 1993)?

• The Acting Commissioner for the Compensation Fund, in Government Gazette No. 49398 dated 2 October 2023, issued a notice in terms of section 6A of the Compensation for Occupational Injuries and Diseases Act (COIDA) to inform all the pensioners, beneficiaries and recipients who receive the monthly pension from the Compensation Fund (CF) to submit the confirmation of life documents before 31 October 2023 and also before 31 March 2024. The submission of the confirmation of life documents will serve as proof of verification of existence of pensioners, beneficiaries and recipients.

The Minister of Employment and Labour, in Government Gazette No. 49458 dated 13 October 2023, increased the monthly pensions payable by 7,5% with regard to accidents which occurred before 31 March 2023 as well as occupational diseases which were diagnosed before 31 March 2023. The increase of 7,5% was intended to be implemented as from 1 April 2023. The Minister also amended Schedule 4 of COIDA for accidents that occurred after 1 April 2023 as well as occupational diseases diagnosed after 1 April 2023.

Our?Occupational Health and Safety compliance service?continuously develops a health and safety culture and system within your business which aligns with the business’s internal policies and goals.? If you require assistance with compliance orders,?please contact?any of our nationwide offices?for guidance.

TRAINING AND SKILLS

IMMIGRATION ACT, 2002 (ACT NO. 13 OF 2002): CRITICAL SKILLS LIST

The Minister of Home Affairs, in Government Gazette No. 49402 dated 3 October 2023, determined and published the skills or qualifications that are critical to the Republic of South Africa (RSA) in relation to the application for a critical skill work visa or permanent residence permit. The list comprises 142 critical skill occupations. The list has been extended to include Veterinarian and Veterinary Nurse as critical skills or occupations.?

RECENTLY PUBLISHED BLOGS

For ease of reference, please find below a summary with links to our recently published website articles:?

• What is an Employer’s Recourse in the Event of Damages Caused by an Employee’s Negligence
• How to Deal with Director Dismissals Due to Misconduct
• Workplace Complacency – Understanding the Risks for Both Employer and Employee
• Understanding The Risks of Poor Disaster Management Planning

?We are committed to providing our clients with the best service at all times and to investigate all possible avenues to improve our service offering to clients to accommodate their individual needs. Please e-mail any suggestions to?[email protected].

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Compiled by:

SERR Synergy Research Division

Kindly take note that a version of this Business Edge was also published on our website - click here to read online.