BUSINESS EDGE JULY 2023
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 May and June 2023).
- B-BBEE OWNERSHIP
- ZIMBABWEAN EXEMPTION PERMIT
Companies Act, 2008 (Act No. 71 of 2008)
The Minister of Trade, Industry and Competition, in consultation with the Companies and Intellectual Property Commission, in Government Gazette No. 48648 dated 24 May 2023, published the final Companies Amendment Regulations 2023, resultant from the General Laws Amendment Act, 2022.
Companies and Intellectual Property Commission (CIPC)
With regard to the abovementioned regulations, the CIPC on 29 May 2023 published a guidance note regarding the Beneficial Owner Filing Requirements, as required by the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022.
The Guidance Note addresses aspects such as–
- the definition of the beneficial owner in respect of legal persons;
- filing of a Securities Register for Companies which are not affected companies as per Regulation 32;
- filing of a Beneficial Interest Register for Companies which are affected companies as per Regulation 30A;
- entities which are not required to file a register of its Beneficial Owners / Beneficial Interest Holders;
- filing Requirements for Non-Profit Companies; and
- transitional arrangements with regard to the filing of Beneficial Ownership of existing companies.
As SA's leader in Legal Compliance and Transformation Solutions, we assist businesses to set up a variety of suitable ownership structures. For assistance please contact any of our nationwide offices.
Immigration Act, 2002 (Act No. 13 of 2002)
The Minister of Home Affairs announced the termination of the Zimbabwean Exemption Permit (ZEP) programme and indicated on 2 September 2022 that no further exemptions will be granted after 30 June 2023. This announcement led to an application in the Pretoria High Court by the Helen Suzman Foundation and the Consortium for Refugees and Migrants in South Africa challenging the Minister’s decision.
In the meantime, the Minister of Home Affairs, in Government Gazette No. 48772 of 8 June 2023, extended the grace period until 31 December 2023, allowing qualifying ZEP holders to apply for the relevant visa or waiver in terms of the Immigration Act.
However, on 28 June 2023, the Pretoria High Court made the following order:
- The Minister of Home Affairs’ decision to terminate the ZEP and grant a limited extension of only 12 months, and to refuse further extensions beyond 30 June 2023, is unlawful, unconstitutional and invalid;
- That the matter be referred back to the Minister of Home Affairs for reconsideration, following a fair process that complies with the requirements of sections 3 and 4 of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000) (PAJA);
- Pending the conclusion of a fair process, the existing ZEPs shall be deemed to remain valid for the next 12 months [i.e. until the end of June 2024]; and
- The ZEP-holders shall continue to enjoy the protections from arrest and deportation afforded by the Immigration Directive 1 of 2021.
The Pretoria High Court ruled that its order would be the status quo pending the outcome of a fair process and the Minister of Home Affairs’ further decision.
Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)
- The Minister of Employment and Labour, in Government Gazette No. 48518 dated 5 May 2023, published Regulations on Pulmonary Tuberculosis Associated with Silica Dust Exposure for the Compensation Fund;
- The Director-General of Employment and Labour, in Government Gazette No. 48673 dated 30 May 2023, issued a corrective notice, stating firstly that the Maximum Earnings on Provisional Assessment is R568 959 for the period 1 March 2023 to 28 February 2024, and secondly that the 2022 Return of Earning (ROE) season had been extended to 30 June 2023;
- The Minister of Employment and Labour, in Government Gazette No. 48787 dated 15 June 2023, invited interested parties to submit commentary regarding the Draft Rehabilitation, Reintegration and Return-to-Work Regulations to the Department of Employment and Labour, Compensation Fund within 30 days from the date of the publication thereof.
Employment Equity Act, 1998 (Act No. 55 of 1998)
- The Minister of Employment and Labour, in Government Gazette No. 48589 dated 12 May 2023, published Draft Employment Equity Regulations, 2023 proposing sector Employment Equity (EE) targets for public comment for 30 days.
At the time of publication of this newsletter no final regulations had yet been published.
Our team of professionals create synergy between the Skills Development Act, the Employment Equity Act and the BEE Codes. For enquiries or assistance with the compilation and submission of your Employment Equity reports and plans, please contact any of our nationwide offices.
Labour Relations Act, 1995 (Act No. 66 of 1995)
The Registrar of Labour Relations cancelled the registration of the following Trade Unions:
- The University and Allied Workers Union (UAWU) with effect from 3 May 2023, in Government Gazette No. 48510 dated 3 May 2023;
- The Natal General Allied Workers Union with effect from 18 May 2023, in Government Gazette No. 48631 dated 19 May 2023;
- The Trawler Line Fishermen’s Union with effect from 19 June 2023, in Government Gazette No. 48835 dated 20 June 2023;
- The Butholicca Social Justice for All Workers Union (BUSJU) with effect from 23 June 2023, in Government Gazette No. 48854 dated 27 June 2023.
The Director: Collective Bargaining announced the following amendments:
- The Main Collective Agreement of the Bargaining Council for the Furniture Manufacturing Industry Kwa-Zulu Natal’s period of operation has been extended to 30 June 2024 in Government Gazette No. 48489 dated 2 May 2023;
- The Provident Fund and Mortality Benefit Association Collective Agreement of the Bargaining Council for the Furniture Manufacturing Industry Kwa-Zulu Natal’s period of operation has been extended to 30 June 2024 in Government Gazette No. 48589 dated 12 May 2023;
- The Main Collective Agreement of the Bargaining Council for the Meat Trade, Gauteng’s period of operation has been extended to 30 June 2026 in Government Gazette No. 48838 dated 23 June 2023;
- The Main Collective Agreement of the Bargaining Council for the Fishing Industry’s period of operation has been extended to Non-Parties until 30 September 2023 in Government Gazette No. 48861 dated 29 June 2023;
- The Main Collective Agreement of the National Bargaining Council for Hairdressing, Cosmetology, Beauty and Skincare Industry’s period of operation has been extended until 31 December 2023 in Government Gazette No. 48862 dated 30 June 2023.
The Minister of Employment and Labour announced the following amendments:
- The Autoworkers Provident Fund Collective Agreement of the Motor Industry Bargaining Council (MIBCO) has been extended to Non-Parties until 31 August 2025, in Government Gazette No. 48518 dated 5 May 2023;
- The Provident Fund Collective Agreement of MIBCO has been extended to Non-Parties until 31 August 2025, in Government Gazette No. 48571 dated 12 May 2023;
- The National Pension and Provident Funds Collective Agreement of the National Bargaining Council for the Electrical Industry of South Africa (NBCEI) has been extended to Non-Parties for a further period of six years, in Government Gazette No. 48518 dated 5 May 2023;
- The Collective Bargaining Levy Agreement of the NBCEI has been extended to Non-Parties with effect from the second Monday after the date of publication of the agreement and for a period of three years, in Government Gazette No. 48627 dated 19 May 2023;
- The Main Collective Agreement of the NBCEI has been extended to Non-Parties until 28 February 2029, in Government Gazette No. 48627 dated 19 May 2023;
- The Main Collective Agreement of the Bargaining Council for the Furniture Manufacturing Industry of the Western Cape has been extended to Non-Parties until the last full-pay week in March 2025, in Government Gazette No. 48541 dated 8 May 2023;
- The Consolidated Exemptions Collective Agreement of the Bargaining Council for the Civil Engineering Industry (BCCEI) has been extended to Non-Parties until 31 August 2026, in Government Gazette No. 48627 dated 19 May 2023;
- The Main Collective Agreement of the Bargaining Council for the Meat Trade, Gauteng has been extended to Non-Parties until 30 June 2023, in Government Gazette No. 48627 dated 19 May 2023;
- The Main Collective Agreement of the South African Road Passenger Bargaining Council has been extended to Non-Parties until 31 March 2024, or until replaced by a subsequent agreement, in Government Gazette No. 48660 dated 26 May 2023.
The Registrar of Labour Relations gave notice of the following amendments:
- The scope of the Bargaining Council for the Fishing Industry has been varied as of 2 May 2023, in Government Gazette No. 48627 dated 19 May 2023;
- The scope of the National Bargaining Council for the Road Freight and Logistics Industry has been varied as of 22 May 2023, in Government Gazette No. 48696 dated 2 June 2023.
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.
Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000)
The Western Cape Gambling and Racing Board, in Government Gazette No. 48630 dated 19 May 2023, invited licence holders and interested parties to furnish comments or any representations, on or before 19 June 2023, to the Chief Executive Officer of the Western Cape Gambling and Racing Board with regard to the Draft Policy Regarding the Implementation of Broad-Based Black Economic Empowerment (B-BBEE) in the Gambling and Racing Industry in the Western Cape.
Skills Development Act, 1998 (Act No. 97 of 1998)
- The Minister of Higher Education, Science and Innovation, in Government Gazette No. 48524 dated 5 May 2023, published and implemented the Regulations for the Establishment of the National Apprenticeship and Artisan Development Advisory Body as a Legal Body for Apprenticeship and Artisan Development Consultation;
- The Minister of Higher Education, Science and Innovation, in Government Gazette No. 48630 dated 19 May 2023, invited interested parties to submit comments within 60 days from the date of the publication of this Notice, to the National Skills Authority regarding the Draft Regulations for National Skills Authority to Conduct Investigations.
Commission for Conciliation, Mediation and Arbitration (CCMA)
The CCMA issued a Directive dated 26 May 2023 regarding Section 138(5)(a) of the Labour Relations Act 66 of 1995, read with CCMA Rule 30 on the power of a Commissioner to dismiss a matter for non-attendance at Arbitration.
For ease of reference, please find below a summary with links to our recently published blogs:
- WHAT YOU NEED TO KNOW ABOUT THE REINSTATEMENT OF CREDIT AGREEMENTS
- HEALTH AND SAFETY IN THE WORKPLACE – WHAT IS THE BENEFIT OF OHS CONSULTANTS?
- MERGERS AND ACQUISITIONS: NAVIGATING B-BBEE CODES FOR TRANSFORMATIONAL SUCCESS
- CHOLERA OUTBREAK IN SOUTH AFRICA – WHAT YOU NEED TO KNOW
- THE STAKEHOLDERS AND KEY ROLE PLAYERS OF B-BBEE
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 communications@serr.co.za.
Compiled by:
SERR Synergy Research Division
L. Boshoff – research@serr.co.za