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Legal News

Saice in High Court bid to have ECSA council suspended

By: David Oliveira 17th March 2017 Civil engineering voluntary association (VA), the South African Institution of Civil Engineering (Saice), on March 3 submitted to the High Court an application to have the current council members of the Engineering Council of South Africa (ECSA) suspended. Saice CEO Manglin Pillay has told... →

Aviation company refutes security claims about its base at OR Tambo

By: Keith Campbell 3rd March 2017 South African company Fireblade Aviation has stressed that the international arrivals and departures section of its Fixed-Base Operation (FBO) at OR Tambo International Airport, east of Johannesburg, would be totally under the control of the relevant government agencies. This was made clear at a... →

Familiarity with building contracts essential for emerging contractors

By: Robyn Wilkinson 17th February 2017 Failure to fully familiarise oneself with the contents of a building contract can cause conflict between parties and result in costly problems, says nonprofit industry representative the Joint Building Contracts Committee (JBCC) CEO Uwe Putlitz. →

UWE PUTLITZ Most disputes between building contractors can be avoided by following the provisions in the building contract

Chamber looks to strengthen partnerships in local green economy

By: Nadine James 17th February 2017 The Italian–South African Chamber of Trade and Industries’ chief aim at the 2017 Africa Energy Indaba is to raise awareness among Italian corporations regarding investment opportunities in South Africa’s green economy. Chamber secretary-general Mariagrazia Biancospino says the chamber mediated a... →

LONG STANDING RELATIONSHIP Members of the Italian–South African Chamber of Trade and Industries have been involved in the South African energy sector since 2013

Third Women in Energy conference cohosted at Energy Indaba

17th February 2017 The yearly Women in Energy conference, organised by the Africa Energy Indaba, will bring together Africa’s leading women in the energy sector for its third iteration on Monday, February 20 at the Sandton Convention Centre in Johannesburg. The Africa Energy Indaba was the first energy conference... →

DOING IT FOR THEMSELVES The Women in Energy conference is designed to aid the increase in leadership and development of women involved in the African energy sectors

Conference hopes to catalyse African energy revolution

By: Nadine James 17th February 2017 The 2017 Africa Energy Indaba will enable African energy sector stakeholders to evaluate opportunities and the means to pursue them that could unlock the continent’s energy potential and spark something of an energy revolution, says Indaba organising company Siyenza. “The African continent has... →

BOOSTING ENERGY The Africa Energy Indaba brings together politicians and energy luminaries to envision and catalyse decisions that will enhance access to energy

Indaba to build on momentum in the African mining sector

3rd February 2017 Following the increasingly brighter global outlook for the mining industry and optimism from the investment community, the Investing in African Mining Indaba (IAMI) 2017 will lead with the theme: ‘Leveraging the next wave of growth: How can you invest in African mining to make long term... →

Sars ensures correct employee classification

By: Robyn Wilkinson 20th January 2017 The misclassification of employees as independent contractors is a common problem that has resulted in the South African Revenue Service (Sars) instituting more stringent guidelines to ensure that employers adhere to taxation regulations, says contractor management services provider EOH Highveld... →

BARTLEY JOSEPH South African employers act as agents of the State and are responsible for ensuring that all necessary taxes associated with an employee are collected

Improving labour laws may lead to greater employment rates

By: Robyn Wilkinson 20th January 2017 A more mature attitude towards collective bargaining, more prudent use of strikes and greater flexibility for employers to manage their workforce according to demand would likely lead to a greater appetite for employment in South Africa, says legal services provider Shepstone & Wylie Attorneys... →

MICHAEL MAESO The consequences of a breach of the amendment that provides for the use of labour brokers is yet to be definitively determined

Businesses to navigate the effects of union instability

By: Robyn Wilkinson 20th January 2017 Given the ongoing unstable political climate, the realignment of trade unions to consolidate numbers or gain increased affiliation is likely to perpetuate interunion rivalry for the foreseeable future, says legal services provider Creighton Attorneys director Barney Creighton. →

Photo by Duane Daws
MAINTAINING MAJORITY South Africa’s larger trade unions will have to make difficult choices to mitigate the loss of their majority

Sars commissioner faces fraud charges

By: Sane Dhlamini 12th December 2016 Nonprofit anticorruption organisation Corruption Watch (CW) has laid criminal charges against South African Revenue Services (Sars) commissioner Tom Moyane for fraud and corruption. The charges relate to the matter involving alleged fraud and corruption committed by senior Sars employees, Jonas... →

Photo by Duane Daws
SARS Commissioner Tom Moyane

Infrastructure-focused legal firm sets up Africa practice

By: Terence Creamer 5th December 2016 International law firm Pinsent Masons is formally establishing its African office in Johannesburg, from where it plans to pursue continental opportunities in the areasof infrastructure, energy and technology. The firm, which is domiciled in the UK, is a specialist infrastructure practice... →

Pinsent Masons founding partners Rob Morson, George Sibanda and Shane Voigt

SABS adopts international safety standard for the process sector

By: Dylan Slater 2nd December 2016 Standards and regulatory provider the South African Bureau of Standards (SABS) has officially adopted International Electrotechnical Commission (IEC) 61511 Functional Safety standard – which is applicable to safety instrumented systems for the process industry sector – as South African National... →

Industries should collaborate in submitting industry waste-management plans – law firm

By: Mia Breytenbach 14th October 2016 It appears industry will soon have to collaborate and share their current research and other resources to develop industry waste management plans (IWMPs), states legal services firm Cliffe Dekker Hofmeyr. It is likely that IWMPs will not only have to comply with challenging timeframes but also... →

Photo by Bloomberg
ONEROUS MATTER? Contentious content for industry waste management plans include the way in which affected industries will prioritise reduction, reuse, recycling, and waste recovery

Commission’s ports probe to place spotlight on Transnet’s economic impact

By: Mia Breytenbach 23rd September 2016 State-owned logistics company Transnet, which owns all commercial ports in South Africa and is the sole operator of the country’s container and automotive terminals, has naturally had a major influence over port operations and terminal handling charges. However, that role and dominance has often... →

SA legal firms soon to play more of a role in Africa business disputes with adoption of arbitration Bill

By: Dylan Slater 16th September 2016 There are about 157 countries which have adopted the Model Law, thereby recognising international arbitration agreements and enforcing international arbitration awards. →

Clyde and Co tells Engineering News about a new arbitration bill. Video courtesy of Shaun Smith.

Government support needed to foster partnerships

By: Robyn Wilkinson 2nd September 2016 While policies prioritising trade between South Africa and China have been adopted at an official level, further government support is needed on the ground to stimulate partnerships between businesses in the two countries and increase Chinese investment in South Africa, says international law... →

KATHLEEN WONG The signing of memoranda of understanding at the Focac suggest a willingness to further opportunities for South Africa–China partnership.

Law firm launches practice focused on infrastructure

By: Dylan Slater 26th August 2016 International law firm Pinsent Masons announced at the end of July plans to launch an infrastructure-focused practice in Johannesburg, South Africa, with the appointment of two founding partners to launch the office. →

Research identifies barriers, suggests new approach to building black industrialists

By: Mia Breytenbach 19th August 2016 The South African economy requires a new approach to regulation, competition and industrial policy to open the economy for greater participation, particularly for black industrialists, according to research released last month by the Centre for Competition, Regulation and Economic Development... →

Carbon offset regulations could have major financial implications for businesses

By: Dylan Slater 19th August 2016 Draft regulations on carbon offsets, which were published for comment by the National Treasury on June 20, under the Carbon Tax Bill, are due to come into effect in early 2017 and could have significant financial implications for businesses in South Africa, according to legal services firm Cliffe... →

Civil society to challenge commission’s Arms Deal findings

By: Sane Dhlamini 18th August 2016 Civil Society groups Corruption Watch (CW) and the Right2Know Campaign (R2K) announced on Thursday that they would challenge the findings of the Seriti Commission in the North Gauteng High Court in September. The commission, chaired by Judge Willie Seriti, was tasked with investigating widespread... →

Labour law conference to be held towards end of August

By: Dylan Slater 12th August 2016 The twenty-ninth edition of the Annual Labour Law Conference (ALLC), which is dedicated to covering issues and trends in the field of labour law in South Africa, is due to be held on August 24 and 25 at East Rand-based casino and events centre Emperors Palace Hotel Casino Convention and... →

Blockchain technology can improve multistakeholder process integrity

By: Schalk Burger 12th August 2016 The blockchain technology promises to improve the integrity and transparency of a variety of process and workflows in industry and commerce, says Wipro global treasury and payments services executive business advisor Mary Ann Francis. Blockchain is a method that relies on stakeholders having... →

From elevated inspections to stock analysis, drones begin making business impact

By: Dylan Slater 5th August 2016 Remotely piloted aircraft systems (RPASs) have the potential to significantly change the way many industrial, engineering and mining operations are conducted, with the ability to reach difficult to access areas and remove people from hazardous situations. →

Transparency vital to lowering compliance risks in Africa

By: Schalk Burger 10th June 2016 While better communications with affected parties and less vacillation in mandates are improving the perceptions of national and regional competition and regulatory authorities, businesses must still be vigilant regarding compliance issues, as penalties can be severe, says global law firm Baker &... →

VANI CHETTY A company needs to proactively assess their own compliance requirements and engage in active compliance efforts

Pilot project prepares clients for changing energy legislation

By: Kimberley Smuts 3rd June 2016 Environmental, health and safety consulting and training providers Green Gain Consulting aim to launch its DigiLex SA Energy Suite pilot project by the end of this month. It will be integrated with the Business Intelligence (BI) platform, DigiData BI and clients in maintaining energy savings... →

DIGILEX SA ENERGY SUITE The suite informs and prepares for legal compliance with pending environmental legislation in South Africa

Regulations expected to be gazetted later this year

By: Nadine James 20th May 2016 Industry stakeholders are hopeful that the final amendments to the regulations to the Construction Industry Development Board Act will be gazetted by August, says international law firm Clyde & Co’s Johannesburg branch partner Robert Scott. He explains that the proposed amendments – published in... →

ROBERT SCOTT The Clyde & CO partner believes the success of the amended regulations will rest on the quality of the adjudicators

Prompt payment regulations expected to be gazetted later this year

By: David Oliveira 6th May 2016 Amendments to the Construction Industry Development Board Act, which would introduce prompt payment and adjudication regulations, was expected to be released later this year, said Global law firm Clyde & Co at a seminar hosted by the Royal Institute of Chartered Surveyors in Sandton last month.... →

Home Affairs aspires to expand e-services, online document applications

By: Mia Breytenbach 22nd April 2016 While the new service of applying online for SmartID cards and passports through the eHome Affairs portal and at major banks in Gauteng will initially cater for people aged between 30 and 35, the Department of Home Affairs (DHA) hopes to extend the system to other age categories and more centres... →

SMART APPLICATION The main objective of the partnership with the banks is to make more centres available at which people can apply for SmartID Cards and passports

Prompt payment regulations expected to be gazetted later this year

By: David Oliveira 15th April 2016 Amendments to the Construction Industry Development Board Act, which would introduce prompt payment and adjudication regulations, was expected to be released later this year, said Global law firm Clyde & Co at a seminar in Sandton earlier this week. Johannesburg branch partner Rob Scott noted... →

Banks obliged to ensure that clients abide by the law, says Basa

By: Samantha Herbst 14th April 2016 In an attempt to clarify ongoing speculation following Standard Bank and Nedbank’s move last week to sever ties with the Gupta-linked Oakbay Resources, the Banking Association of South Africa (Basa) on Thursday released a statement to account for the regulatory considerations that all banks... →

Labour dept to investigate death of employee at KZN company

By: Anine Kilian 5th April 2016 The Department of Labour (DoL) has launched an investigation into an incident at KatzStone Granite and Quartz, in Verulam, KwaZulu-Natal, which resulted in the death of one worker dead and the injury of three others. Details of the incident were scant and remained the subject of an investigation;... →

Getting local govt to work efficiently a top priority for S Africa, says analyst

By: Anine Kilian 1st April 2016 The biggest political challenge currently facing South Africa is getting local government to work efficiently, political analyst Theo Venter told Engineering News Online at a BMI Building Research Strategy Consulting Unit strategic forum on Friday. “Local government is the closest form of... →

Jacob Zuma

Competition Commission raids automotive glass companies’ offices

By: Anine Kilian 23rd March 2016 The Competition Commission has conducted a search and seizure operation at the Gauteng premises of automotive glass companies’ PG Glass, Glasfit, Shatterprufe and Digicall as part of an investigation into alleged collusion. PG Glass and Glasfit were automotive glass fitment and repair service... →

New codes to catalyse transformation

By: Dylan Slater 18th March 2016 Compliance with the new Broad-Based Black Economic-Empowerment (BBBEE) Codes of Good Practice needs to be widespread if further youth uprisings are to be averted, thereby enabling South Africa to build additional small and medium-sized enterprises (SMEs) and triggering transformation and growing... →

Photo by Duane Daws
BBBEE CODES The biggest change in the new codes is a sub minimum of 40% compliance for all categories

Finance house assists with small business growth

By: Dylan Slater 18th March 2016 Through financial services provider Sanlam’s enterprise and supplier development (ESD) programme, small and medium-sized enterprises (SMEs) have experienced an average of 19% growth in revenue in the past two years. →

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