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Consumer Protection Compliance With The Motor Industry Ombudsman

Consumer Protection Compliance With The Motor Industry Ombudsman

The Consumer Protection Act 68 of 2008 does exactly what the same says; it protects the rights of the consumer. In terms of Section 55, a consumer has the right to safe, good quality goods; however, when one looks at Section 56, the consumer has a right to an implied warranty of quality. In short, this section states that within 6 (six) months after the delivery of any goods to a consumer, the consumer may return the goods supplied without penalty and at the supplier’s risk and expense....

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Episode 76: The PAIA Manual In Context With The POPI Act

Episode 76: The PAIA Manual In Context With The POPI Act

SEESA Consumer Protection and POPI Legal Advisors, Beyers De Wet van der Watt & Frikkie Du Plessis discuss how the Promotion of Access to Information Act (PAIA) and the Protection of Personal Information Act (POPIA) interrelate. They discuss the Businesses' need to compile a PAIA manual and how this manual relates to the POPIA. Click play to listen to our podcast! For more information on requirements and posts by the POPI Act regarding the Information Officer, registration of the...

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B-BBEE And Your Trading License

B-BBEE And Your Trading License

In recent times we have seen many changes, not only in the way that business is done with most businesses going electronic but also with this new era of operating, some “old” requirements in some sectors have become “new” requirements in others. One does not always appreciate the effect that non-compliance will have on you and your company, as most believe that a B-BBEE level is used only for procurement purposes. However, in recent times one has seen a change to this as many sectors now...

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FAQ – Is your business required to contribute to the B-BBEE ICT Sector Council fees?

FAQ – Is your business required to contribute to the B-BBEE ICT Sector Council fees?

The B-BBEE ICT sector council has made the decision that as from 1 December 2020, all ICT entities who obtains a B-BBEE certificate or affidavit, will need to contribute to the annual fees of the ICT sector council. If an entity, therefore, falls under the B-BBEE ICT sector, they will be required to provide proof of payment to the verification agency as well as confirmation from the ICT sector Council that the entity is up to date with their fees. The implication of non-contribution to the...

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Did you know? – A construction company with 0% of black ownership can obtain a B-BBEE Level better than Level 4

Did you know? – A construction company with 0% of black ownership can obtain a B-BBEE Level better than Level 4

If the enterprise’s turnover does not exceed the annual threshold of R10mil per annum, it will be exempt from complying with any of the prescribed elements and will only qualify for an automatic level 6. If the maximum points were reached for skills development and supplier development, this level 6 can be enhanced to a level 3 B-BBEE recognition level that can be obtained without having any black ownership. All that an entity needs to do is to get the correct advice in this regard. To find...

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B-BBEE – Reasons why your business might drop a level

B-BBEE – Reasons why your business might drop a level

When you are a Qualifying Small Enterprise (QSE) or a Generic Company, you are normally required to spend a certain amount of money to obtain full points on specific elements on a scorecard (This excludes automatic BEE levels that you obtain because you have more than 51% black ownership). It happens that companies spend a lot of money and still drop a level, which sometimes leads to a non-compliant certificate. How does it work? In the normal B-BBEE Codes of Good Practice, there are 3...

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Episode 75: Amendments Within The Construction Sector Codes Effective from 1 December 2021

Episode 75: Amendments Within The Construction Sector Codes Effective from 1 December 2021

SEESA BEE Legal Advisors, Phillip van der Merwe and Johan Oosthuizen discuss the amendments within the Construction Sector Codes effective from 1 December 2021. This is in line with the amendments that came into effect on the Skills Development element on 01 December 2020.  They also focus on the aspects in terms of the Socio-Economic Development which differ from the Codes of Good Practice. Click play to listen to our podcast! Contact your SEESA BEE Advisor to assist your business with...

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Short-time in the workplace during the COVID-19 pandemic

Short-time in the workplace during the COVID-19 pandemic

The code of good practice states that dismissal must be a last resort. However, we cannot shy away from the effects of the ongoing global pandemic, coronavirus, within the scope of industrial relations. It can be stated that after the hard lockdown most employers are breathing through the wound since there is a shortage of work, lack of business, just to mention a few. The unprecedented financial havoc caused by a shortage of work and lack of business has resulted in most businesses running a...

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FAQ – Can an employee claim sick leave when a spouse tested positive for COVID-19?

FAQ – Can an employee claim sick leave when a spouse tested positive for COVID-19?

This article assumes that the employee does not exhibit any COVID-19 symptoms. Sick leave is regulated by the Basic Conditions of Employment Act (BCEA). According to the BCEA, an employee is entitled to sick leave when the “employee was unable to work for the duration of the employee's absence on account of sickness or injury”. The BCEA clearly does not include an employee whose spouse tests positive for COVID-19 as a valid reason for taking sick leave.In the current situation with the world...

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The importance of an impartial Chairperson

The importance of an impartial Chairperson

“Nemo Iudex in Causa Sua” – A decision-maker must be impartial and have no interest in the case.[1] A chairperson must therefore ensure that he or she is impartial when conducting a disciplinary hearing. The chairperson must weigh all the evidence for and against the employee and then make an informed and well thought out decision.[2] This requires that the chairperson must be impartial in the facts of the matter and that there must be no grounds to suspect that the decision of the chairperson...

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