Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993) (COIDA)

•    The Regulations on Irritant-Induced Asthma for the Compensation Fund (Irritant-Induced Regulations) and the Regulations on Work-Aggravated Asthma for the Compensation Fund (Work-Aggravated Asthma Regulations) were published and promulgated on 7 June 2024.

•    The Minister of Employment and Labour amended Schedule 4 of COIDA relating to the manner in which compensation for accidents that occur as from 1 April 2024 as well as occupational diseases diagnosed as from 1 April 2024, is calculated. The minimum and maximum amounts payable are set out in Government Gazette No. 50909 dated 5 July 2024 and will be implemented as from 1 April 2024.

Hazardous Substances Act, 1973 (Act No. 15 of 1973)

•    The Minister of Health declared leaded paint or coating material as a Group II hazardous substance. The Notice, which comes into operation one year after the date of the final publication, applies to all paints and coating materials.

Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)

•    The Minister of Employment and Labour, in Government Gazette No. 50930 dated 12 July 2024, amended Regulation 24 of the Asbestos Abatement Regulations, 2020 regarding ‘prohibitions’, by inserting the underlined wording:

No person may--

(f) use electrical power tools, such as angle grinders, or any other fast-moving equipment to cut, grind or drill asbestos-containing material; provided that slow moving tools may only be used where the activity is part of asbestos containing material removal for final disposal;

[…]

(j) make any installation or fitting on or onto asbestos containing materials.

President Ramaphosa signed the Employment Equity Amendment Act, 2022 (Act No. 4 of 2022) (EEAA) into law in April 2023; however, the effective date is yet to be determined by the President. 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 recent developments, the Minister of Employment and Labour published newly revised Draft Regulations on Proposed Numerical Targets in Government Gazette No. 50058 dated 1 February 2024 for public comment. Interested parties had 90 days (i.e. until 2 May 2024) to submit their comments to the designated department officials indicated in the Government Gazette.

In the meantime, until the President has proclaimed the commencement date for the EEAA and finalised the Regulations on Proposed Numerical Targets, the status quo will be maintained.

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.

Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993) 

The Director-General of the Department of Employment and Labour published a Notice in Government Gazette No. 44422 dated 7 April 2021 stipulating as follows:

• An increase in the Minimum Assessment to R1 284 in terms of section 83(1).
• The withdrawal of the implementation of section 85(1) on reductions with effect from 1 March 2021 until further notice. 
• The withdrawal of the implementation of the section 78 with effect from 1 March 2021 until further notice.

The Director-General, however, withdrew items (b) and (c) from the above Notice in Government Gazette No. 49020 dated 25 July 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.

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.

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?" 

When a company starts hiring personnel, the interviewing process is an important part of the process and the decision to appoint an applicant in most instances depends on the applicant’s qualifications.

Below we discuss a few important questions and highlight the latest case law on the matter of submission of false qualifications.

• Q: May an employer request proof of an applicant’s qualifications?

Yes. For some positions or professions, qualifications are a prerequisite. It is always advisable for an employer to verify any qualification of the applicant albeit not always pertaining to the interviewing position.

• Q: What type of proof will be deemed sufficient?

Most tertiary education institutions are equipped to provide the student with a Letter of Good Standing in which the institution lists all the qualifications awarded to the student. The company or employer can, as an alternative or in addition to the Letter of Good Standing, also request copies of the qualification(s) certified by a Commissioner of Oaths.

Given the technological and digital era in which we live, it is possible for qualifications to be forged. For this reason the employer or company may, as part of its interviewing process, obtain the applicant’s consent, preferably in writing, to approach the institution which had awarded the qualification(s), and thereafter contact the institution in writing to confirm that the qualifications are true and verified. Another option available to the employer or company is to use the services of a third party to verify the information and/or qualifications on their behalf.

• Q: What can an employer or company do, should it be discovered at a later stage that an employee had falsely claimed to have obtained a qualification(s)?

The employer or company is entitled to commence with disciplinary action against the errant employee regardless of his or her position and, with sufficient evidence, dismiss the employee for dishonest behaviour.

The case study below illustrates the position taken by an employer who, when the employee was no longer in its employ, sought a monetary refund of all salary payments made to the individual during his or her employment. Take note that once the employment relationship has been terminated, any action taken by the former employer or employee against one another will be by means of civil action. The parties will need to approach an attorney to pursue such a matter in civil proceedings.

• Q: Why is it important for an employer to ensure that the qualifications presented by its employees are true and valid?

In order to work in a certain industry or to perform certain duties, an employee will be required to have obtained a specific qualification.

The validity of qualifications is important from the perspective of a company’s clients as the clients pay for certain services and are assured that their business interests are attended to by qualified persons, which also strengthens the trust between a company and its clients.

Furthermore, the Umgeni case (below) illustrates another important point, namely how an error in performing employment duties through a lack of knowledge can have serious consequences.

In the case of Umgeni Water v Naidoo and Another (11489/2017P) [2022] ZAKZPHC 80 (15 December 2022), Mr Naidoo was employed based on a false claim that he had obtained an engineering degree from the University of KwaZulu-Natal for Umgeni Water’s graduate programme in 2008. The employer (Umgeni Water) conceded that upon hiring Mr Naidoo, his credentials were not verified. However, eight (8) years later in 2016, Mr Naidoo applied for appointment as a process technician. His employment commenced in 2008 and during the 2016 application process, the employer hired a private company to verify qualifications. It was at this point that a discrepancy in Naidoo’s qualification was uncovered. It was established that Mr Naidoo had fraudulently submitted a copy of a B.Sc. Chemical Engineering degree and accompanying academic records (results/marks) as his own.

Mr Naidoo was afforded multiple opportunities to substantiate his claim of obtaining the degree and academic results, but to no avail. Upon facing these discrepancies, Mr Naidoo tendered his resignation; however, his resignation was rejected as disciplinary proceedings had already been instituted against him. Mr Naidoo then submitted his second resignation indicating that he would resign with immediate effect based on a medical condition, which was accepted by the employer. The employer instituted civil proceedings against Mr Naidoo and approached the KwaZulu-Natal High Court.

During the court proceedings, one of the company’s witnesses testified as to the reasons for their requirement of hiring qualified personnel, namely that having an unqualified person working for the employer could potentially be extremely hazardous to the well-being of a large number of people who are dependent on water supplied to them by the employer. Any error in performing such calculations due to a lack of knowledge could potentially have incredibly serious consequences for the general population.

The court held that Mr Naidoo presented these qualifications in order to secure the employment. His misrepresentations resulted in him being awarded with employment by the employer who would not have employed him had it received the true results.

This conduct illustrated that Mr Naidoo had acted fraudulently. The court stated that Mr Naidoo “set out to deceive and wove his web accordingly. He achieved his goal.” The court ordered Mr Naidoo to pay R2 203 565.04, which is “what he received from the [employer] arising out of the fraud that he perpetrated on it. Furthermore, the employer was entitled to execute this judgment against Mr Naidoo’s provident fund administered by the Umgeni Water Provident Fund.”

Cancellation notice, cancelled or registration of Employers’ Organisations and Trade Unions

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

• Medunsa United Staff Union (MUSU) in Government Gazette No. 47526 dated 18 November 2022, with effect from 28 October 2022.
• South African Carpet Manufacturing Employers Association in Government Gazette No. 47597 dated 29 November 2022.

The Registrar of Labour Relations authorised the registration of the following Employers’ Organisation:

• Gambling Employers’ Organisation of South Africa (GEOSA) in Government Gazette No. 47443 dated 4 November 2022, with effect from 24 October 2022.

The Registrar of Labour Relations gave notice of the intention to cancel the registration of the following Trade Unions and invited interested parties to submit comments as to why the registration should not be cancelled, or objections to this matter, within 60 days from the publication date of these Government Gazettes:

• Building Workers Union in Government Gazette No. 47519 dated 18 November 2022.
• South African Industrial Commercial and Allied Workers Union (SAICWU) in Government Gazette No. 47526 dated 18 November 2022.
• Transport and Omnibus Workers Union in Government Gazette No. 47659 dated 6 December 2022.
• Vision Integrated Workers Union (VIWU) in Government Gazette No. 47660 dated 6 December 2022.

Extension, Cancellations and the Application for Variation of Registered Scope of the Main Collective Agreement of Bargaining Councils:

National Bargaining Council of the Leather Industry of South Africa:

• Extension of both the Collective Agreement of the General Goods and Handbag Sector and the Collective Agreement of the Footwear Sector to Non-Parties in Government Gazette No. 47443 dated 4 November 2022, which shall be binding on the employers and employees in this industry with effect from the second Monday after publication of this gazette, until 30 June 2026.
• Extension of the Agency Shop Amending Collective Agreement for Employees to Non-Parties in Government Gazette No. 47443 dated 4 November 2022, which shall be binding on the employers and employees in this industry with effect from the second Monday after publication of this gazette, until 30 June 2027.
• Extension of the Collective Agreement of the Tanning Section to Non-Parties in Government Gazette No. 47519 dated 18 November 2022, which shall be binding on the employers and employees in this industry with effect from the second Monday after publication of this gazette, until 30 June 2026.

National Bargaining Council for the Road Freight and Logistics Industry:

• Extension of the Main Collective Agreement to Non-Parties published in Government Gazette No. 47559 dated 25 November 2022, which shall be binding on the employers and employees in this industry with effect from the second Monday after publication of this gazette, until 29 February 2024.

Motor Industry Bargaining Council (MIBCO):

• MIBCO published a circular dated 16 November 2022 regarding the Settlement of Collective Bargaining Negotiations and was informed that Parties to the Council had signed and ratified the MIBCO Collective Bargaining Negotiations Settlement Agreement on 10 November 2022. Furthermore, MIBCO is in the process of getting all the Council’s Collective Agreements gazetted for implementation. The period of the Agreements will be from the date of publication by the Minister of Employment and Labour, up to and including 31 August 2025 (subject to special provisions).
• In an additional circular dated 7 December 2022, MIBCO published the 2022 / 2023 Provisional Prescribed Wages. The wage information has not been gazetted by the Department of Employment and Labour and is not yet binding on employers and employees and can therefore not be enforced by MIBCO.

Compiled by:

SERR Synergy Research Division

Lané Boshoff - research@serr.co.za

Protection of Personal Information Act, 2013 (Act No. 4 of 2013)

The Information Regulator published the Code of Conduct for the–

• Banking Association South Africa (BASA) effective from the 28th day after its notification in Government Gazette No. 47257 dated 7 October 2022.
• Credit Bureau Association (CBA) effective from the 28th day after its notification in Government Gazette No. 47257 dated 7 October 2022.
   

Department of Employment and Labour

• The Executive Director of National Economic Development and Labour Council (NEDLAC), in Government Gazette No. 46839 dated 2 September 2022, published a Code of Good Practice: Protest Action to Promote or Defend Socio-Economic Interests of Workers.

Cancellation notice, cancelled or registration of Employers’ Organisations and Trade Unions

The Registrar of Labour Relations, Lehlohonolo Molefe, cancelled the registration of the following Trade Unions:

• National Democratic Change and Allied Workers Union (NDCAWU) in Government Gazette No. 46913 dated 16 September 2022, with effect from 30 August 2022. The name of the trade union has been removed from the Register of Trade Unions.
• Security, Cleaning, Manufacturing and Allied Workers Union in Government Gazette No. 46980 dated 27 September 2022. The name of the trade union has been removed from the Register of Trade Unions.

Department of Home Affairs

The Minister of Home Affairs, Dr Aaron Motsoaledi, in a directive dated 7 September 2022, extended the period of operation of current Zimbabwean Exemption Permits by an additional six months until 30 June 2023.

• The Department of Employment and Labour published a media statement dated 31 August 2022, indicating that the amended Employment Equity Act, 1998 (Act No. 55 of 1998) (EEA) will come into force on 1 September 2023, empowering the Minister of Employment and Labour to regulate sector-specific Employment Equity (EE) targets and set compliance criteria for issuing an EE Compliance Certificate in terms of section 53 of the EEA. 

The Employment Equity Amendment Bill, 2020 was passed by Parliament (National Assembly and National Council of Provinces) on 17 May 2022 and is awaiting assent and signing into law by the President. 

The Minister of Higher Education, Blade Nzimande, in Government Gazette No. 47061 dated 22 July 2022, published the National Apprenticeship and Artisan Development Strategy 2030.

The above documentation can be requested by SERR Synergy Training and Skills Development Facilitator (SDF) clients from the respective Training and SDF Departments.

Department of Employment and Labour

• The Department of Employment and Labour, in Government Gazette No. 46471 dated 3 June 2022, published a list of bargaining councils that have been accredited by the Commission for Conciliation, Mediation and Arbitration (CCMA) in terms of the provisions of the Labour Relations Act, 1995 (Act No. 66 of 1995, as amended (LRA), for conciliation and/or arbitration and/or inquiry by an arbitrator for the period 01 June 2022 to 30 June 2026.
• The Department of Employment and Labour, in Government Gazette No. 46471 dated 3 June 2022, published a list of private agencies that have been accredited by the CCMA in terms of the provisions of the LRA for conciliation and/or arbitration and/or inquiry by an arbitrator for the period 01 May 2022 to 30 June 2025.
• The Department of Employment and Labour, in Government Gazette No. 46596 dated 24 June 2022, published a new Code of Practice: Managing Exposure to SARS-Cov-2 in the Workplace, 2022.

Cancellation notice, cancelled or registration of Trade Unions

• The Registrar of Labour Relations, Lehlohonolo Daniel Molefe, in Government Gazette No. 46543 dated 10 June 2022, confirmed that the name-change of Electronic, Allied Metal Workers Union of South Africa (EAMWUSA) (LR2/6/2/111) to National Industries and Medicare Union of South Africa (NAMESA) had been resolved and entered into the Register of Trade Unions with effect from 20 May 2022.
• The Deputy Registrar of Labour Relations, Mongwadi Mary Ngwetjana, in Government Gazette No. 46543 dated 10 June 2022, gave notice of the intention to cancel the registration of National Democratic Change and Allied Workers Union (NDCAWU) (LR 2/6/2/1082) and invited interested parties to submit comments as to why the registration should not be cancelled or objections on this matter within 60 days from the publication date of this Government Gazette.

Bargaining Councils

• The Director: Collective Bargaining, Stephen Rathai, in Government Gazette No. 46517 dated 10 June 2022, announced the extension of the operation period of the Main Collective Agreement of the National Bargaining Council for Hairdressing, Cosmetology, Beauty and Skincare Industry until 30 June 2023.
• The Minister of Employment and Labour, Thulas Nxesi, in Government Gazette No. 46598 dated 24 June 2022, issued a correction notice pertaining to the South African Road Passenger Bargaining Council’s Main Agreement, by cancelling Government Notice No. R366 of 18 June 2021 with effect from the second Monday after the date of publication of this notice. Furthermore, the Minister announced the extension of the South African Road Passenger Bargaining Council’s Main Collective Agreement to non-parties until 31 March 2023.
• The Director: Collective Bargaining, in Government Gazette No. 46625 dated 29 June 2022, extended the period of operation of the Bargaining Council for the Fishing Industry’s Main Collective Agreement to non-parties until 31 December 2022. 

The above documentation can be requested by SERR Synergy Labour Pro clients from the Labour Department.

Employment Equity Act, 1998 (Act No. 55 of 1998)

The Minister of Employment and Labour, Thulas Nxesi, in Government Gazette No. 46322 dated 6 May 2022, published the register maintained in terms of section 41 of the Employment Equity Act (EEA) of designated employers which have submitted employment equity reports in terms of section 21 of the EEA.

The above Government Gazette can be requested by SERR Synergy Training and Skills Development Facilitator (SDF) clients from the SERR Synergy Training and SDF Departments.

Employment Equity Act, 1998 (Act No. 55 of 1998)

The Department of Employment and Labour issued a media statement dated 29 March 2022 submitting that approximately 60% of employers had been referred for prosecution in the financial year ended 31 March 2022 for failure to comply with the employment equity (EE) legislation.

A Director-General (DG) may conduct a review to determine whether an employer is complying with the Employment Equity Act (EEA). Therefore, should the employer fail to comply with the DG’s recommendations / request, the DG may refer the employer to the Labour Court.

With regards to the aforesaid, should a matter be referred to the Labour Court, the employer’s substantive compliance with the EEA, in conjunction with various other factors, will be considered by the Court to determine whether the employer is non-compliant in terms of the EEA. In the event that the employer is found guilty of non-compliance, the Court will evaluate the case in its entirety to determine the appropriate fine to be imposed on the employer.

The above media statement can be requested by SERR Synergy Training and Skills Development Facilitator (SDF) clients from the SERR Synergy Training and SDF Departments.

Consumer Protection Act, 2008 (Act No. 68 of 2008)

The Acting Commissioner of the National Consumer Commission, Thezi Mabuza, in Government Gazette No. 46000 dated 4 March 2022, published the draft amendment of the Goods and Services Industry Code. 

Interested persons/ groups/ associations may submit their comments on the draft guidelines in writing before 4 April 2022 to the National Consumer Commission, P.O. Box 36628, Menlo Park, 0102, for the attention of Mr Jabulani Mbeje, or email said comments to J.Mbeje@thencc.org.za.

Films and Publications Amendment Act, 2019 (Act No. 11 of 2019)

The President of South Africa has proclaimed that the Film and Publications Amendment Act, 2019 commences on 1 March 2022.

Two distinct categories of distributors are created by the Act, namely a commercial online distributor and a non-commercial online distributor. A distributor is a person who conducts the business of distributing films, games or publications and includes a commercial online distributor. A non-commercial online distributor is any person who distributes content using the internet or enables content to be distributed by a user of online services, for personal or private purposes.

In addition, the Act authorises the Film and Publications Board (FPB) with more power to enforce the Act.

SERR Synergy’s Information Compliance Department can assist businesses or entities with a full range of Information Compliance (POPIA and PAIA) service offerings, which include conducting POPIA audits; compilation of Data and Information Protection Reports; drafting of the required Data Privacy policies; updating of agreements to deal with data considerations; advice on internal data-handling requirements; and understanding of the specific data-privacy roles that businesses or entities are required to fulfil.

Immigration Act, 2002 (Act No. 13 of 2002): Critical Skills List

• The Minister of Home Affairs, Dr Aaron Motsoaledi, in Government Gazette No. 45860 dated 2 February 2022 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 101 critical skill occupations.

The above document can be requested by SERR Synergy Training, SDF and B-BBEE clients from the SERR Synergy Training, SDF and B-BBEE Departments.

The Department of Higher Education and Training, in Government Gazette No. 45649 dated 17 December 2021, published the National Policy for the Conduct, Administration and Management of the Examinations of Colleges established, declared or registered in terms of the Continuing Education and Training Act, 2006 (Act No. 16 of 2006).

Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993):

• The Department of Employment and Labour, in Government Gazette No. 45452 dated 12 November 2021, prescribed an increase of 3,6% in monthly pensions payable in terms of subsections 49(1)(a) and 54(1)(a), (b), (c) and (d) of COIDA with regard to accidents which occurred before 1 April 2021 as well as occupational diseases which were diagnosed before 1 April 2021. The increase of 3,6% is effective from 1 April 2021.
• The Department of Employment and Labour, in Government Gazette No. 45452 dated 12 November 2021, under section 55 of COIDA, amended Schedule 4 for accidents that occurred from 1 April 2021, as well as occupational diseases diagnosed from 1 April 2021. The minimum and maximum compensation in terms of this notice is effective from 1 April 2021.

Disaster Management Act, 2002 (Act No. 57 of 2002):

• The Minister of Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini Zuma, in Government Gazette No. 45485 dated 13 November 2021, extended the national state of disaster from 15 November 2021 to 15 December 2021.

The SERR Synergy Occupational Health and Safety Department can assist businesses to comply with the relevant legislation. The above documentation can be requested from the SERR Synergy OHS Department.

• The Department of Education, in Government Gazette No. 45275 dated 8 October 2021, indicated that the Council for Quality Assurance in General and Further Education and Training (Umalusi) had developed the Policy and Criteria for the development, registration and publication of qualifications for the General, Further Education and Training Qualifications Sub-Framework which were subsequently published for implementation by stakeholders in the education and training sector.
• The Department of Higher Education, in Government Gazette No. 45352 dated 22 October 2021, published the revised National Norms and Standards for Funding Technical and Vocational Education and Training Colleges (NNSF – TVET Colleges) in accordance with section 23 of the Continuing Education and Training (CET) Act, 2006 (Act No. 16 of 2006) as set out in the Schedule. The implementation of the funding norms will be effective from 21 April 2021.

Some companies are still uncertain about the current Seta benefits, especially in comparison to Broad-Based Black Economic Empowerment (B-BBEE) benefits.  Seta benefits and B-BBEE recognition are two distinct concepts, but they also largely overlap. Click here for an explanatory article where we distinguished between the current Seta benefits and B-BBEE recognition in an attempt to identify the differences and overlapping areas between the two areas in which accredited training is applied.

SERR Synergy offers customised and strategic skills development solutions specifically designed to meet the particular needs of our clients and their specific industry. Our training options include mandatory training, accredited and nonaccredited training courses. Please contact us to find out more about our Skills development and training options.

Employment Equity Act, 1998 (Act No. 55 of 1998):

The Department of Employment and Labour, in a media statement dated 7 September 2021, confirmed that the Employment Equity (EE) reporting season for both manual and online reporting had opened on 01 September 2021. The manual EE reporting period closes on 01 October 2021 and the online period closes in January 2022.

Constitution of the Employment Equity Committee:

SERR Synergy has identified the need to formulate a constitution for EE committees in order to regulate their composition and activities, which will be provided to SERR Synergy’s SDF/EE clients. A properly constituted EE committee will become even more imperative once the new amendments expected in March 2022 become law.

Employment Equity Act, 1998 (Act No. 55 of 1998):

The Department of Employment and Labour published a media statement dated 16 August 2021 indicating that the Department of Employment and Labour’s Employment Equity (EE) Directorate and Inspection and Enforcement Services (IES) branch would jointly conduct the 2021 EE virtual workshops nationally.

The virtual workshops will address the 21st CEE Annual Report (Provincial EE status); provide updates on EE Amendments; 2021 EE Reporting; and EE inspections and enforcement in the labour market. The virtual EE workshops will take place from 1 September to 28 September 2021.

Constitution of the Employment Equity Committee:

SERR Synergy has identified the need to formulate a constitution for EE committees in order to regulate their composition and activities. To this end, SERR Synergy is currently in the process of finalising an Employment Equity Committee Constitution which will be provided to SERR Synergy SDF/EE clients. A properly constituted EE committee will become even more imperative once the new amendments referred to below, become law.

The following bills aimed at amending the existing EE Act were published on 25 August 2021 and are currently under consideration by the National Assembly:

•           Employment Equity Amendment Bill B14B-2021

•           Employment Equity Amendment Bill B14A-2020

Protection of Personal Information Act, 2013 (Act No. 4 of 2013):

• A media statement dated 13 July 2021 reminding the public that photographs clearly identifying an individual are regarded as personal information in terms of POPIA, and that distribution of such material is regarded as processing of personal information in terms of the Act. The Act prohibits the distribution of personal information without the consent of the individual identified in the item that is distributed.
• The Regulator implores the public to act within the scope of POPIA regarding the rights of individuals and not to violate or engage in action which violates another person’s rights or the provisions of POPIA by distributing personal information without consent from the data subject.
• On 22 July 2021, the Regulator published the POPIA Complaint Form 5, which can be utilised in terms of section 74 of POPIA to inform the Regulator of any interference with the protection of personal information of a data subject or to submit a complaint to the Regulator regarding the determination of an adjudicator.

Consumer Protection Act, 2008 (Act No. 68 of 2008):

• The National Consumer Commission (NCC) released a statement dated 19 July 2021 indicating that suppliers may not inflate prices of essential items listed under the Consumer and Customer Protection and National Disaster Management Regulations and Directions, issued in terms of Regulation 350 of Government Notice No. 43116 (Regulation 350).
• The Commission received reports of possible food shortages in KwaZulu-Natal and Gauteng due to the public unrest. Regulation 350, read with sections 40 and 48 of the CPA, prohibits suppliers from profiteering during a period of National Disaster. The goods and services relate to basic food and consumer items, emergency products and services, medical and hygiene supplies, as well as emergency clean-up products and services. Should these Regulations be contravened by a supplier or person, they could be fined up to R1 million, a fine of up to 10% of a firm’s annual turnover, or imprisonment for a period not exceeding 12 months.
• The NCC furthermore encourages consumers to monitor the market and report any suspected unfair increases in the price of these goods and services.

SERR Synergy’s Information Compliance (POPI and PAIA) Department can assist businesses or entities with a full range of Information Compliance service offerings, including the compilation of Data and Information Protection Reports, drafting of the required Data Privacy policies, updating agreements to deal with data considerations, advice on internal data-handling requirements, or an understanding of the specific data-privacy roles that businesses or entities are required to fulfil.

In Government Notice No. 44663 dated 4 June 2021, notice was given that First Aid Level 1, 2 and 3 training conducted by first aid training organisations approved by the Chief Inspector would cease as from 1 April 2021. Should a person or organisation wish to provide first aid training approved by the Chief Inspector, as referred to in Regulation 3(4) of the General Safety Regulations published under Government Notice R1031 of 30 May 1986, such training must be conducted in accordance with a valid accreditation document issued by the Quality Assurance Body.