This newsletter highlights the latest statutory amendments, enactments, caselaw, notices and ancillary developments relevant to the SERR Synergy legal compliance products and services, as well as the annual inflation-based (CPIX) increase in monthly/annual premiums.
LEGISLATIVE AMENDMENT AND DEVELOPMENT NEWSLETTER - APRIL 2022
B-BBEE
Financial Sector Conduct Authority
On 28 February 2022, the Financial Sector Conduct Authority (FSCA) published its Draft Strategy for Promoting Transformation in South Africa’s Banking and Finance Sector.
A strategic objective of the FSCA is to promote the development of an innovative, inclusive and sustainable financial system. This includes supporting the transformation of the financial sector.
Interested stakeholders may submit comments on this draft transformation strategy document to fsca.policy@fsca.co.za before 29 April 2022.
Preferential Procurement Regulations
As a result of the Constitutional Court’s judgement in Minister of Finance v Afribusiness NPC (CCT 279/20) [2022] ZACC 4 handed down on 16 February 2022, the National Treasury in Government Gazette No. 46026 dated 10 March 2022, published the Draft Preferential Procurement Regulations, 2022 (the draft Regulations), for public comment.
The purpose of the draft Regulations is to prescribe—
- the threshold amounts in which the 80/20 and 90/10 preference point systems must be used, together with the formula to be applied; and
- other matters necessary or expedient in order to achieve the objects of the Act.
Written comments on the draft Regulations must be submitted by 11 April 2022 to CommentDraftLegislation@treasury.gov.za to be considered.
Council for the Media, Advertising and Communications Charter
On 25 March 2022 in an announcement issued by the Presidency, the Council for the Media, Advertising and Communications Charter (MAC) was inaugurated for Broad-Based Black Economic Empowerment (B-BBEE).
The MAC Charter Sector Council is responsible for–
- overseeing the implementation of the MAC Charter Sector Code;
- monitoring compliance with the MAC Charter Sector Code;
- providing guidance on matters relating to BEE in the MAC sector;
- developing baseline indicators for all the different elements of B-BBEE; and
- engaging and advising the sector Minister, GCIS and other relevant regulatory entities regarding the MAC Sector Code.
The MAC Council is guided and empowered by the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003), which aims to bring previously disadvantaged individuals into the economic mainstream of South Africa and serves as the Charter’s basis for achieving more equitable income distribution in South Africa with the purpose of correcting historical imbalances.
One of the first duties of the Council is to review and align the 2016 MAC Sector Code based on the new requirements issued by the DTIC in 2019.
The Council is mandated to–
- review and align the 2016 MAC Sector Code and submit the final document for my approval within 12 months from today;
- develop and issue a draft Annual Sector Monitoring Report which assesses the state of transformation in the sector, measuring all dimensions of the MAC Sector Code including ownership, management and control, skills development, enterprise supplier development within 12 months from today;
- be active and, where necessary, provide written inputs and verbal representation on the development of various policies and pieces of legislation by the GCIS and other departments in relation to black economic empowerment; and
- account to Parliament regarding the state of transformation in the sector.
INFORMATION COMPLIANCE
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.
EMPLOYMENT EQUITY
Employment Equity Act, 1998 (Act No. 55 of 1998)
The Minister of Employment and Labour, Thulas Nxesi, in Government Gazette No. 46056 dated 18 March 2022, acting in terms of section 54(1)(b) of the Employment Equity Act, 1998 (Act No. 55 of 1998) and on the advice of the Commission for Employment Equity, repealed the Amended Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace, 2002 and published the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace, 2022 effective from 18 March 2022.
The above document can be requested by SERR Synergy Training and Skills Development Facilitator (SDF) clients from the respective Training and SDF Departments
We have also published a blog during March with the topic Sexual Harassment and vicarious liability of the employer - with a supportive caselaw example should you wish to learn more about the topic.
LABOUR RELATIONS
Department of Employment and Labour
- The Registrar of Labour Relations, Lehlohonolo Daniel Molefe, in Government Gazette No. 45997 dated 4 March 2022, announced the registration of the Employers’ Association for the Sawmilling Industry of South Africa (LR 2/6/3/430) effective from 15 February 2022.
- The Minister of Employment and Labour, Thulas Nxesi, in Government Gazette No. 46058 dated 15 March 2022, published the Code of Practice: Managing Exposure to SARS-Cov-2 in the Workplace, 2022 taking effect on the date of the lapsing of the Declaration of a National State of Disaster declared under Government Notice 313 of 15 March 2020 and extended in terms of section 27(2) of the Disaster Management Act, 2002 (Act No. 57 of 2002).
- The Deputy Registrar of Labour Relations, Mongwadi Mary Ngwetjana, in Government Gazette No. 46056 dated 18 March 2022, announced that the employer organisation Master Builders and Allied Trades’ Association, Cape Peninsula (LR2/6/3/6) had resolved to change its name and is registered as of 7 December 2021 as Master Builders and Allied Trades’ Association Western Cape.
- The Registrar of Labour Relations, Lehlohonolo Daniel Molefe, in Government Gazette No. 46165 dated 1 April 2022, gave notice of the cancellation of registration of the South African Revolutionary Allied Workers Union SARAWU LR/2/6/2/2440 effective from 15 February 2022.
OCCUPATIONAL HEALTH AND SAFETY
Disaster Management Act, 2002 (Act No. 57 of 2002)
- The Minister of Transport, Fikile Mbalula, in Government Gazette No. 46168 dated 1 April 2022, extended the validity period of all learner’s licences, driving licence cards, temporary driving licences and professional driving permits and registration of motor vehicles applicable to Adjusted Alert Level 1 which had expired during the period 26 March 2020 to 31 August 2021, for a further grace period until 15 April 2022.
- The Minister of Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini Zuma, in Government Gazette No. 46197 dated 4 April 2022, terminated the national state of disaster.
- The Minister of Cooperative Governance and Traditional Affairs, in Government Gazette No. 46195 dated 4 April 2022, also published transitional rules for South Africa to manage the Covid pandemic. On 4 April 2022, President Cyril Ramaphosa stated that “the Disaster Management Act, 2002 (Act No. 57 of 2002) provides that certain elements of the regulations may remain in place for a limited period for ‘post-disaster recovery and rehabilitation’”, and that “certain transitional provisions will remain in place for a period of 30 days after the termination of the National State of Disaster to ensure essential public health precautions and other necessary services are not interrupted while the new regulations in terms of the National Health Act come into effect”.
- The Head of the National Disaster Management Centre, Dr Mmaphaka Tau, in Government Gazette No. 46199 dated 5 April 2022, notified the public that the National Disaster Management Centre had revoked the classification of the Covid-19 pandemic as a national disaster.
Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973)
- The Minister of Employment and Labour, Thulas Nxesi, in Government Gazette No. 46051 dated 16 March 2022, published the Regulations for Hazardous Biological Agents. The Regulations for Hazardous Biological Agents (RHBA) published under the OHSA, currently list the coronavirus as a hazardous biological agent, classed in Group 3.
- The Minister of Health, Dr Phaahla, in Government Gazette No. 46088 dated 25 March 2022, increased the pension benefits which are payable from the State Account of the Compensation Fund.
National Health Act, 2003 (Act No. 61 of 2003)
The Minister of Health, Dr Phaahla in Government Gazette No. 46048 dated 15 March 2022 published the following proposed Regulations for public comment:
- National Health Act (61/2003): Regulations relating to the surveillance and the control of notifiable medical conditions: Amendment (No. 1882)
- International Health Regulations Act (28/1974): Regulations relating to public health measures in points of entry (No. 1883).
The proposed regulations are envisaged as the new governmental instrument to manage the Covid pandemic and future pandemics. Interested persons are invited to submit written comments on the draft Regulations by 15 April 2022.
The Minister of Health, in Government Gazette No. 46196 dated 4 April 2022, published directions for the establishment of a Covid-19 Vaccine Injury No-Fault Compensation Scheme issued in terms of the Disaster Management Act, 2002 (Act No. 57 of 2002), which will remain in place after the National State of Disaster’s conclusion.
On 4 April 2022, President Cyril Ramaphosa, with regard to the aforesaid Covid-19 Vaccine Injury No-Fault Compensation Scheme, stated that, “going forward, the pandemic will be managed in terms of the National Health Act 2003 (Act No. 61 of 2003). The draft Health Regulations have been published for public comment. Once the period for public comment closes on the 16th of April 2022 and the comments have been considered, the new regulations will be finalised and promulgated”.
Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)
The Compensation Commissioner, Vuyo Mafata, in Government Gazette No. 46032 dated 11 March 2022, published the Erratum Notice to the Government Notice No. 1217, page 42 dated 9 November 2018. The following amendments were made to the notice:
- The heading of the notice has been amended to indicate the “Notice on documents required to be provided by employers to the Compensation Fund to support injury on duty and occupational disease claims”;
- Paragraph 1.1. has been expanded to indicate the proof of employment in the form of an employment contract or payslip at the time of an accident or certificate of service or a letter confirming employment on a letterhead of the employer;
- Paragraph 1.2. has been expanded to indicate the proof of employment in the form of an employment contract or payslip at the time of an accident or diagnosis of a disease or certificate of service or a letter confirming employment on a letterhead of the employer.
The Department of Labour published a media announcement with supporting documentation on 16 March 2022 notifying all employers who are registered with the Compensation Fund, that the submission date for the 2021 Return of Earnings has been extended. The system will be open from 1 April 2022 to 31 May 2022:
- CF-2A Return of Earnings Form 2021 Period;
- Notice of the Maximum Earnings and Minimum Assessment 2021;
- ROE Submission 2021 Season.
The Minister of Employment and Labour published the annual increases in medical tariffs for the following medical services providers:
- Annual increase in medical tariffs for medical services providers pertaining to Private Hospitals in Government Gazette No. 46121 dated 31 March 2022.
- Annual increase in medical tariffs for medical services providers pertaining to Ambulances in Government Gazette No. 46122 dated 31 March 2022.
- Annual increase in medical tariffs for medical services providers pertaining to Renal in Government Gazette No. 46123 dated 31 March 2022.
- Annual increase in medical tariffs for medical services providers pertaining to Physiotherapist in Government Gazette No. 46128 dated 31 March 2022.
- Annual increase in medical tariffs for medical services providers pertaining to Chiropractor in Government Gazette No. 46129 dated 31 March 2022.
- Annual increase in medical tariffs for medical services providers pertaining to Social Worker and Psychology in Government Gazette No. 46130 dated 31 March 2022.
- Annual increase in medical tariffs for medical services providers pertaining to Dental in Government Gazette No. 46131 dated 31 March 2022.
- Annual increase in medical tariffs for medical services providers pertaining to Occupational Therapy in Government Gazette No. 46138 dated 31 March 2022.
- Annual increase in medical tariffs for medical services providers pertaining to Wound and Blood Services in Government Gazette No. 46139 dated 31 March 2022.
- Annual increase in medical tariffs for medical services providers pertaining to Dietician & Radiography in Government Gazette No. 46140 dated 31 March 2022.
- Annual increase in medical tariffs for medical services providers pertaining to Prosthetics and Orthotics in Government Gazette No. 46149 dated 31 March 2022.
- Annual increase in medical tariffs for medical services providers pertaining to Doctors in Government Gazette No. 46150 dated 31 March 2022.
- Annual increase in medical services for Speech Audio and Optometrist in Government Gazette No. 46156 dated 31 March 2022.
The SERR Synergy Occupational Health and Safety Department can assist businesses to comply with the relevant legislation. The above documentation can be requested by SERR Synergy OHS clients from the SERR Synergy OHS Department.
ANNUAL PRICE INCREASES
Given the ever-rising operational costs, we are compelled to implement an inflation-related (CPIX) increase of 3,0% on all monthly/annual premiums from 01 April 2022.
Please note that only clients who signed up on or before 31 December 2021 will be affected by these increases.
It is our aim to maintain all clients and endeavour to assist as many clients as practically possible.
We are prepared to assist those in financial distress. If a client cannot afford the annual price increase to be implemented from 01 April 2022, such clients are welcome to correspond with Elize Liebowitz at e-mail: elize@serr.co.za to request and provide a brief motivation for exemption from the annual increase.
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 and to accommodate their individual needs.
Compiled by:
SERR Synergy Research Division
Lané Boshoff – research@serr.co.za