• In a media statement dated 4 August 2022, the Information Regulator (IR) established its Enforcement Committee in terms of section 50 of the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) (POPIA).
• The Commissioner of the Companies and Intellectual Property Commission (Commission), Adv. Rory Wayne Voller, in Government Gazette No. 46739 dated 19 August 2022, designated the electronic filing method for the filing of Notice of Location of Company Records (form CoR22) in terms of section 25 of the Companies Act, 2008 (Act No. 71 of 2008) read with Companies Regulation 22 of 2011 (as amended). The date of the activation of the electronic filing method will be communicated on the Commission electronic platform www.cipc.co.za.
• The Commissioner of the Commission, in Government Gazette No. 46798 dated 26 August 2022, further designated the electronic filing method for the filing of foreign national personal information as listed in section 24(5)(a), (b), (c) and (g) of the Companies Act, 71 of 2008 and the assurance of such information for the purposes of registering as a customer and appointment and changes of director information, and any other purpose communicated by the Commission.

The Minister of Higher Education, Science and Innovation, Blade Nzimande, in Government Gazette No. 47205 dated 8 August 2022, published the Draft Policy for the Recognition of South African Higher Education Institutional Types for written comment from interested parties, which must be submitted within 30 days after the publication of this notice to mabizela.c@dhet.gov.za.

The Director-General of the Department of Higher Education and Training and the Registrar of Private Higher Education Institutions, Dr Sibusiso Nkosinathi Patrick Sishi, in Government Gazette No. 46739 dated 19 August 2022, issued a notice of intention to cancel the registration of the following institutions as Private Higher Education Institutions due to failure to submit their audited annual financial statements for the 2020 year of reporting, as required by section 57(2 b) of the Act read with Regulation 27(1) i and ii:

• City Varsity (Pty) Ltd; 
• DAMELIN (Pty) Ltd; 
• ICESA City Campus (Pty) Ltd; and 
• Lyceum College (Pty) Ltd.

Registration of Employers’ Organisations and Trade Unions

The Registrar of Labour Relations, Lehlohonolo David Molefe, in Government Gazette No. 47179 dated 2 August 2022, published the registration notice of the National Union of Call Centres of South Africa (NUCCSA) with effect from 29 July 2022.

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

The Registrar of Labour Relations, in Government Gazette No. 47199 dated 5 August 2022, gave notice of the intention to cancel the registration of an Employers’ Organisation, namely BEECA Cleaning Association, 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 this Government Gazette.

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

• South African Private Security Workers Union (SAPSWU) in Government Gazette No. 46705 dated 12 August 2022, with effect from 29 July 2022. The name of the trade union has been removed from the Register of Trade Unions.
• South African Liberated Public Sector Workers Union (SALIPSWU) in Government Gazette No. 46798 dated 26 August 2022. The name of the organisation has been removed from the Register of Trade Unions.

Bargaining Councils

The Director: Collective Bargaining, Stephen Rathai, in Government Gazette No. 46761 dated 24 August 2022, extended the period of operation to non-parties of the Motor Industry Bargaining Council (MIBCO) until 31 August 2023:

• Motor Industry Provident Fund Collective Agreement (No. R. 2405)
• Autoworkers Provident Fund Collective Agreement (No. R. 2406)
• Motor Industry Administrative Fund Collective Agreement (No. R. 2407).

Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973)

The Minister of Health, Joe Phaahla, in Government Gazette No. 47197 dated 5 August 2022, increased the pension benefits which are payable from the State Account of the Compensation Fund as follows:

• Increased the pension benefits by CPI of 4,8% per pensioner beneficiary per month, with effect from 1 April 2022;
• Increased the one-sum benefit payable to the widow of the deceased pensioner from R 47 495 to   R 49 775, with effect from 1 April 2022.

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

The Department of Employment and Labour, in Government Gazette No. 46750 dated 19 August 2022, published the National Code of Practice for Electrical Machinery in Hazardous Locations: Regulatory Requirements for Explosion-Protected Apparatus.

The SERR Synergy Occupational Health and Safety Department can assist businesses to comply with the relevant legislation. 

Compiled by: 

SERR Synergy Research Division
Lané Boshoff – research@serr.co.za