Johannesburg 21 November 2012 - Parliament’s portfolio committee on labour has released the Employment Equity Amendment Bill (EEAB) and the Employment Services Bill for public comment. When these bills come onto law they will have a significant impact on how employers conduct their business. The public has been invited to provide written submissions on the Bills by no later than 14 December 2012. “Among the many changes made to the current Employment Equity Act, No 55 of 1998, the EEAB introduces a new form of unfair discrimination,” says Johan Botes, Director in the Employment practice at Cliffe Dekker Hofmeyr. “This will regulate situations where different employment conditions are applied to different employees who do the same or similar work (or work of equal value). Unless the employer can show that differences in wages or other conditions of employment are, in fact, based on fair criteria such as experience, skill and responsibility, such conduct will constitute unfair discrimination,” he explains. Botes says that with regard to affirmative action, the Labour Department (Department) will now have increased powers to fine companies who do not comply with their employment equity obligations. The quantum of fines will be increased and may now also be determined by making reference to the employer’s annual turnover. “Furthermore, the group of people who benefit from affirmative action will now be limited to persons who were citizens of South Africa before the democratic era (or would have been entitled to citizenship, but for the policies of apartheid), and to their descendants. This means that the employment of persons who are foreign nationals, or who have become citizens after April 1994, cannot assist employers to meet their affirmative action targets,” he explains. Mark Meyerowitz, an Associate in the Employment practice, says that the amendments will also affect a company’s use of contract workers. “In line with proposed amendments to the . . .
In terms of the Electrical Machinery Regulations of 2011 (the Regulations), issued under the Occupational Health and Safety Act 85 of 1993, an additional compliance certificate is now required where there is a change of ownership of immovable property. This is according to Muhammad Gattoo, Director in the Real Estate practice at Cliffe Dekker Hofmeyr. “The compliance certificate relates to electrical fence systems. An electrical fence system, as defined in the Regulations, is an electrified barrier consisting of one or more bare conductors erected against the trespass of persons or animals coupled with electrical machinery arranged so as to deliver a periodic non-lethal amount of electrical energy to an electric fence connected to it,” Gattoo explains. “Regulation 12(4) and 12(5) of the Regulations requires every user or lessor of an electric fence system to have an electric fence system certificate in respect of such electric fence system if it has been installed after 1 October 2012 or, as with an electrical compliance certificate, if any addition or alteration was effected to an existing electric fence system after 1 October 2012. Furthermore, if there is a change of ownership of immovable property on which such electric fence system exists, after 1 October 2012, an electric fence system certificate will be required,” he explains. Gattoo says that the Regulations relating to the change of ownership are not as clear cut as the regulations relating to electrical compliance certificates. The Regulations do not specifically state that the current user or lessor (seller) is responsible for obtaining the electric fence system certificate before transfer, neither does it prohibit transfer of the immovable property from taking place without the certificate. “As the Regulations permit transference of a certificate, it can only be inferred that the seller will be responsible to obtain the electric fence system certificate and will transfer it to the purchaser. . . .
Interested parties have until 4 December 2012 to submit comments to the Department of Trade and Industry (DTI) on the Revised Codes of Good Practice (COGP), which were published in the Government Gazette at the beginning of October. According to Verushca Pillay, a director in the Corporate and Commercial practice at Cliffe Dekker Hofmeyr, every individual in South Africa should take the opportunity to comment on and thus contribute to improving the revised COGP. “Failure to do so will result in a missed opportunity to ensure the COGP fulfill their mandate of transformation of individuals and development of the economy,” said Pillay. Pillay noted that comments submitted to the DTI should highlight general errors in the Codes, impracticalities, impossibilities, ambiguities and unintended consequences of the Codes. Comments can be summited via email to firstname.lastname@example.org. ‘It is important that the submissions are constructive,” noted Pillay. Lisa Tait, Chairperson of Transcend Corporate Advisors, said that the codes were broadly revised to address obvious errors in the existing COGP. However, there is also the need to make sure that the BEE is aligned to all of Government’s other strategy documents, such as the new growth path, which focuses on national priorities such as job creation, localisation and industrialisation. “However, although Government has expressed its commitment to these broad developmental objectives little or no mention is made of these in the revised COGP. “There is no recognition in the COGP for entities that create jobs, or procurement from other companies that create jobs. There is no mention of localisation, except in the Enterprise and Social Development Pillar, where importers are now included in the target, but there is no further incentive for companies in South Africa to produce or procure local content. “With regards to Local Content, the DTI has attempted to incentivise this through the exclusion of all entities . . .
November 20, 2012: Radisson Blu Gautrain Hotel, Johannesburg - South Africa The African railroads are in the process of major overhaul to keep up with the continued economic growth in the continent. Rail networks are currently disconnected and many of them need huge investments for dilapidated infrastructure development. Typical railways in Africa are small and run on old technology which are not standard gauge lines and suffer due to political unrest and instability. Addressing the current issues and future plans, the African Railway Summit commences today at Radisson Blu Gautrain Hotel at Johannesburg, South Africa. This summit is supported by Transnet Freight Rail. Siyabonga Gama, Chief Executive at Transnet Freight Rail extended his support by delivering the inaugural speech. Followed by the key note speaker, Damas Daniel Ndumbaro, Deputy Managing Director at TAZARA, who shared his views on the future of railway in Africa. His presentation was suceeded by Henry Dest Longchamps, Senior Transport Specialist of The World Bank – AFTTR Unit . He addressed the audience on railways project in the Sub Saharan Africa. He shared his knowledge on how the World Bank and the SSATP has joined forces in recent months to analyze the performance of the railways and concessions. Helmut Adelsberger, Directorate General for Mobility and Transport at the European Commission, chaired the summit. He has been a detached national expert from the Austrian Federal Ministry of Transport, Innovation and Technology (BMVIT) to the European Commission DG MOVE, since October 2009. As one of the international speakers at the summit he also contributed to the summit by presenting the TEN-T Policy Review, its political and legal background. During the first half of the summit, Dr. Christian Schlosser, German Federal Ministry of Transport and Urban Development, Policy Specialist, Electric Mobility and Investments for Sustainable Transport spoke on what the European public transport and . . .
The Property Poser panel helps a reader this week whose elderly parents have had to sell their house due to financial difficulty but have now been served with an interdict halting the transfer process. The reader explains that when their issues started they fell in arrears with the bond payments. Plans were made to pay a portion of the outstanding repayments and the balance was restructured as part of the outstanding bond, which increased the monthly instalment. To avoid landing in this situation again, the decision was made to sell the property. A suitable buyer was found and the transfer process commenced. The conveyancing attorneys eventually contacted the reader to inform her that the transfer had to be put on hold following the discovery of an interdict, which prevented her parents from selling the property. The attorney suggested that they consult with another attorney who could assist in rescinding this interdict, thereby allowing them to proceed with the transfer. Not too long after this conversation, the reader was advised by the same attorney that her parents should approach the bank, as the bondholder, and obtain a letter confirming the removal of the interdict, which could then be sent to the deeds office. Despite following these instructions, the bank advised that the attorney should see to the removal of the interdict. The reader is now quite confused as to what process to follow. She mentions that the bond has still not transferred to the buyer. Her parents have handed the keys over to the estate agent and are worried that if anything were to happen to the property, they would still be liable for the damages. It is difficult to ascertain from the given facts who obtained the interdict says Rian du Toit from DTS Attorneys in Nelson Mandela Bay. "We cannot merely assume that it was the bank, since, as bondholder, they are a preferred creditor upon the sale of the property. Any other creditor would also be able to attach the . . .
Acclaimed experimental theatre artist, Boris Nikitin headlines GIPCA’s Live Art Festival with two works – Imitation of Life and Woyzeck – and a series of workshops, part of a South African tour supported by Pro Helvetia. Boris Nikitin is a Swiss theatre director, space designer, and curator with a French-Russian-Slovakian-Jewish background. His works are a mix between lecture performance and illusion theatre, exploring the boundaries between reality and theatre; jumping from the highly conceptual to great theatricality, playing with the boundaries between offensive dilettantism and acting virtuosity. Nikitin considers fiction and reality in Imitation Of Life, conceptualised in collaboration with writers and performers Malte Scholz and Beatrice Fleischlin. Imitation of Life is a documentary style piece about fraud, manipulation and the power of affirmation. Two actors and a counterfeiter are the central figures in this play; imitators who are able to impersonate others. Imitation of Life is a theatrical balancing act between certainty and uncertainty about information. A profound piece which points to the origin of our suspicion that things might not be what they appear to be. Woyzeck, also conceptualised with Malte Scholz, is a lecture piece combining elements of radio. It is founded on Georg Büchner's famous play, Woyzeck, first published in 1879, about a military barber who stabs his common-law wife to death for her infidelity. Nikitin's piece deals with themes of mental capacity and guilt on the one hand; and questions around authorship – who indeed wrote the original play, Woyzeck – on the other. The overarching questions that arise are: Is there a soul where one can allocate responsibility? Are you the author of your life or not? What is life, really? Described as “an evening changing between a strange lecture performance and a n experimental radio show”, it features a live audio stream of the performance on the web. Following from his . . .
150 Cars, 5 Days, 3000Km, One BIG Party! A couple of super car or classic car rallies currently run in South Africa. All these rallies have one thing in common: they are popular and very, very exclusive. You have to have a lot of money, for the most part you have to own an exclusive super car, or belong to some kind of club. The Gumboot Rally offers the same thrills and exclusive experience for a very affordable entry fee of just R 5000.00 per vehicle. The name Gumboot was chosen to give our rally a uniquely South African flavour. The Gumboot rally is similar yet very different in one respect; that it allows for everyday citizens with everyday normal cars to also partake in a similar event for an affordable experience. The event is aimed at fun and exploration of South Africa. It is an annual event and every year a different route will be taken to complete the rally. With a very affordable entry fee, almost anyone can enter for the fun, entertainment and excitement. It will be the biggest such event in South Africa, with official timing for each vehicle or participant. As provided by our official technology and timing sponsor – NETEXCHANGE. With 150 entries, it makes the rally much more accessible. It is for everyone! Anyone with a legal road vehicle can enter. Although some entries will be super cars and classic cars in order to maintain some form of show and spectacle some feel of exclusiveness yet available to those who will normally not be able to participate in such an event, most entries will be for the general public. In this way some form of exclusivity is maintained for everyone to enjoy. Everyone will be able to do a rally alongside super cars and classic cars. Also with the limited amount of entry spots available exclusivity is ensured. The aim of the Gumboot rally is to enable everyone to experience the thrill of competing in such exclusive events. A great bonding experience for parents and children, or just a fun 5 day holiday exploring . . .
Preliminary findings from a national diabetes screening programme run by the ICPA (Independent Community Pharmacy Association) show a serious cause for concern. In fact, 1 in every 3 of the patients tested were at a high risk of developing diabetes over the next 10 years and a further 50% were at an increased risk. The high risk patients were referred to a doctor, and the “at risk” patients were instructed on the urgent lifestyle changes that they need to implement in order to reduce their risk status. These findings were drawn from the initial 10 000 screenings that have been captured and are part of a continuing drive by ICPA to collect 100 000 diabetes screenings to assist the National Department of Health (NDOH). This demonstrates the important contribution independent community pharmacy has to make in South Africa’s healthcare industry. Campaign rationale: The NDOH has targeted non-communicable (non-infectious) diseases for serous interventions, as it is one of the main causes of death in South Africa, placing a huge burden on the country’s health system. The non-communicable disease burden includes cardio vascular disease with diabetes, high cholesterol, hypertension and smoking identified as contribution factors. “ICPA wants to assist government with their focus on these non-communicable diseases (NDCs), and has therefore embarked on a series of campaigns as part of the role pharmacies can play in SA’s healthcare industry,” says Sham Moodley, ICPA Chairperson. Diabetes has been the most recent campaign ICPA has focused on. With more than 1 200 member pharmacies spread throughout rural, urban and metropolitan South Africa, ICPA has the perfect channel for this purpose. To launch the campaign ICPA received a generous sponsorship from pharmaceutical company Roche, and participating pharmacies offered free testing from 15 – 19 October. An online data capturing tool was developed with the assistance of international partner Webstar Health and . . .
In a first for international off-road racing on the southern tip of Africa, the 2013 edition of the Old Mutual joBerg2c will see timed enduro sections included in the nine-day mountain bike journey across South Africa. Dubbed “the race within the race”, these single-track sections would be known as the Red Bull Runs and give riders the opportunity to show their skill, said one of the organisers Craig Wapnick. Wapnick said there would be seven timed sections in the 910km (565 mile) race, which starts in Heidelberg near Johannesburg on April 26 and crosses the country before finishing at Scottburgh, south of Durban, on May 4. “We will carefully choose the sections to ensure that they are not too dangerous but still challenging. The Red Bull Runs are there for teams and solo riders to have some fun.” According to him, enduro racing – which involves completing a number of stages against the clock in the shortest overall time – was fast becoming one of the most compelling formats around the world. “It allows good technical riders who may not be able to compete for the podium in a normal marathon to show their skill on single-track stretches of around 5km each.” Wapnick said the Old Mutual joBerg2c, which incorporated SA’s best known three-day races in the Nedbank sani2c and FedGroup Berg & Bush, was known for its smooth-flowing trails. “For example, for those who are familiar with these routes, we will have a timed run from the top of Spioenkop down Long Drop Pass on day four, which is day two of Berg and Bush. “We will also have one from the top of Nick’s Pass to the school on day eight, which is day two of sani2c.” He said the enduro sections, timed by Spectrum Sport, would provide a burst of competitive excitement and give all participants something to look forward to. “There are many great riders in the field who are not racing snakes but who will hold their own on these sections.” Wapnick said the daily winners and overall podium . . .
From New York, to Cape Town and Johannesburg, New Media continued their award winning streak of 2012 at the Pica's last night. Plascon Spaces scooped top honours in the Visual Production of the Year category and New Media also hauled in 9 Highly Commended accolades for their consumer and customer titles including Woolworths TASTE, Eat Out, Siyasiza, Ackermans Club, Mediclinic Family and From New York, to Cape Town and Johannesburg, New Media continued their award winning streak of 2012 at the Pica's last night. Plascon Spaces scooped top honours in the Visual Production of the Year category and New Media also hauled in 9 Highly Commended accolades for their consumer and customer titles including Woolworths TASTE, Eat Out, Siyasiza, Ackermans Club, Mediclinic Family and Mercedes Benz. The PICA accolades are truly the cherry on top for New Media, who has won numerous respected local and international awards this year. Just in the past four weeks, New Media has celebrated major wins at the Pearl Awards in New York for Woolworths TASTE (Gold - Best Integrated Print and Web Programme) and Siyasiza, the internal communications magazine for FNB (Best New Launch/Relaunch); scored big at the Galliovas, with Woolworths TASTE food editor Abigail Donnelly winning the top award -- Best Food Writer of the Year -- as well as Best Stylist; at Bookmarks, with Woolworths TASTE Digital and Eatout.co.za taking home four prizes for excellence. "Being recognised within our industry with top honours like these is of course wonderful, but even more gratifying is knowing that we've done our best for our clients, having created content that not only resonates with their readers but also gives measurable results," said Bridget McCarney, Managing Director for New Media. "Our customers' satisfaction is the real reward, but that said, the PICAs and other awards are certainly much appreciated nods for the consistently outstanding groundbreaking work created by our talented team, and we . . .