This communication highlights the latest statutory amendments, enactments, case law, notices, and ancillary developments relevant to the SERR Synergy legal compliance products and services (period March and April 2023). 


President Ramaphosa has signed the Employment Equity Amendment Act (EEAA) into law but is yet to determine the effective date.

The proposed legislation will empower the Minister of Employment and Labour to determine numerical targets for each sector to ensure the equitable representation of suitably qualified people from designated groups at all occupational levels in the workforce. It also seeks to enhance the administration of the Act, including the implementation of section 53 which allows for the Minister to issue a certificate confirming an employer’s compliance with Chapter II, or Chapters II and III in relation to the conclusion of State Contracts. 

Only once the commencement date has been established will the Minister of Employment and Labour be able to set employment equity targets for economic sectors, as well as regions where transformation is lagging.

In the meantime, until the President has proclaimed the commencement date, the status quo will be maintained.

Trust Property Control Act, 1988 (Act No. 57 of 1988)

  • The Minister of Justice and Correctional Services, in Government Gazette No. 48351 dated 31 March 2023, published the amendments to the Regulations of the Trust Property Control Act, 1988 (Act No. 57 of 1988) effective from 1 April 2023. The amendments deal with the ‘Establishment and maintenance of public register of persons disqualified from serving as trustees; Recording of details of accountable institutions by trustee; Beneficial ownership information to be recorded by trustee; The Master’s register on beneficial ownership of trust and lastly, Access to information contained in beneficial ownership register’.
  • President Cyril Ramaphosa determined in Government Gazette No. 48351 dated 31 March 2023, under section 66 of the General Laws in the Anti-Money Laundering and Combating Terrorism Financing Amendment Act, 2022 (Act No. 22 of 2022), that certain provisions in the Trust Property Control Act, 1988 (Act No. 57 of 1988) are effective as of 1 April 2023.

SERR Synergy has sent an informative communication to its BEE clients delineating the effects and practical aspects of the amendments and inter alia, ensuring that the business interests of our clients are protected. We have also published an insightful article in this regard "HOW DOES THE AMENDMENT TO THE TRUST PROPERTY CONTROL ACT IMPACT BENEFICIAL OWNERSHIP AND B-BBEE TRUSTS?" 

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