Who Is The Information Regulator, And What Are The Duties And Functions?
The Protection of Personal Information Act (POPIA) requires every public or private body that determines the purpose of, and means for the processing of, personal information to appoint and register an information officer and deputy information officer with the Information Regulator. Who is the Information Regulator? One can describe the Information Regulator as “an independent body established in terms of section 39 of the Protection of Personal Information Act 4 of 2013. It is subject only...
DYK – Property Practitioners Must Now Have A Valid BEE Certificate?
In terms of the most recent Property Practitioners Act 22 of 2019, which was signed into effect by the President in September 2019, Section 50(a)(x) stipulates that property practitioners must have a valid BEE certificate to renew their fidelity fund certificate. This includes: Estate agents;Managing agents;Rental agents;Business / Property brokers;Providers of bridging finance;Bond brokers;Property valuers;Developers. As all property practitioners need a valid fidelity fund certificate to...
Episode 114: The Protection Of Personal Information Act: Transparency and Openness
SEESA Legal Advisors Mariam Allie and Asheer Dollie discuss the legal requirements when collecting personal information, as set out in Condition 6 of the Protection of Personal Information Act. They further address the consequences of non-compliance and the steps businesses can take towards conformity of Condition 6 of the Act. Click on the play button below to listen to our podcast! Should you require further assistance or advice about POPIA, please contact your nearest SEESA office....
Ownership And The Effect Thereof On A BEE Affidavit
As clients become more familiar with the BEE process, we often receive the question of whether black ownership will influence a company’s BEE affidavit and, if so, what the effect will be. Specific references will be made to the Code of Good Practice for this article. Although various similarities exist between the different sectors in terms of BEE, it is essential to contact your nearest SEESA BEE legal advisor regarding your specific industry and how ownership will impact your industry’s BEE...
Can A Business Change Their BEE Sector Code?
The sector of a business is determined by the type of business from which the business derives the biggest part of its turnover. The name of the entity does not confirm the Sector applicable to the business. Should the business activities fall under more than one sector, the auditor will have to confirm which activities make up the majority of the income. This will then determine under which sector the business will be verified. The BEE Sector Code will only change if the activities of...
The Forestry Sector Codes And Socio-Economic Development (SED):
The B-BBEE Forestry Sector comprises entities involved with commercial Forestry and first-level processing of wood. The following is also included: Growers (plantations, nurseries, and indigenous forests), Contracting sub-sector and pulp, paper, paperboard, timber board product, woodchip, and wattle bark manufacturers, pole treatment plants, etc. The entities that form part of the Forestry Sector Codes must spend 1% of their Nett Profit After Tax on Socio-Economic Development (SED)...
DYK – An Employee Cannot Resign To Avoid Disciplinary Action?
"The argument that where an employee gives notice of termination by resigning with immediate effect, then such an employee cannot be compelled to continue working for the employer because resignation is a valid unilateral act that comes into effect on the date the employee dictates that it will come to, and end is misinterpreted." The Standard Bank of South Africa Limited v Nombulelo Cynthia Chiloane. "Except where summary dismissal is warranted, the unilateral act of the employer in...
Episode 113: What Are The Key Advantages Of Obtaining A BEE Certificate?
BEE Legal Advisors Stephen Strydom and Marcia Wildschut discuss the importance of having a valid BEE Certificate. The discussion delves into the importance of having a BEE certificate as well as the competitive edge provided by having a BEE certificate. Click play to listen to our podcast! Contact your SEESA BEE Advisor to assist your business with your BEE Certificate. Alternatively, SMS "SEESA" to 45776 for an expert legal advisor to contact you. #TeamSEESA
Unauthorised Use Of Company Property For Private Use, Dismissible Or Not?
Using company property by an employee is a direct result of the existence of an employment relationship. Company property should therefore be used for work-related purposes only. To determine whether the unauthorised use of company property for private use by an employee is dismissible, one has to look at the following: Is there a policy in the workplace prohibiting the unauthorised use of company property? Alternatively, is there is a clear rule prohibiting such use? Further, if such policy...
Does An Employee Whose Health Is Detrimentally Affected By Smoking In The Workplace Have Legal Recourse At Their Disposal?
Employees who are uncomfortable with exposure to cigarette smoke or become ill because of the smoking of the employer or personnel within the workplace have recourse from lodging a grievance against the culprits to claiming constructive dismissal. In terms of Section 24 of the Constitution of the Republic of South Africa, every person has the right to an environment that is not harmful to their health. This must be read along with the Occupational Health and Safety Act and the Tobacco Products...