Legislation and Trade Matters

Labour and Employment

Title & Description:

Employment Equity Amendment Act

Department:

The Department of Employment and Labour (DEL)

Date Published:

11 April 2023

Status:

Implemented

Latest: As of 26 September 2023, Employers were requested to submit their reports using the existing report format and regulations, as the EE Amendment Act of 2022 had not been affected. The Act was passed in April 2023, the effective date of the Act is yet to be proclaimed. Click here to read more

Title & Description:

Migration Policy and Employment Services Amendment Bill

Department:

The Department of Employment and Labour (DEL)

Date Published:

8 February 2022

Status:

In progress

Latest: In February 2022, the Department of Employment and Labour published the Draft National Labour Migration Policy and Employment Service Amendment Bill to amend the Employment Service Act. The policy and the Bill aims to address the population’s expectations regarding accessibility to work for South Africans, given worsening unemployment and a perception that undocumented foreigners are distorting labour market access

Purpose: (NLMP) draft seeks to guide and coordinate the development process leading to the adoption of South Africa's labour migration strategy while the (ES) Amendment Bill intended to cover private employment agencies further regulate the employment of foreign nationals in South Africa.

Click here to read more on: Below Information to be accessed by Members only

Title & Description:

National Minimum Wage 2024 Increase

Department:

The Department of Employment and Labour (DEL)

Date Published:

1 August 2023

Status:

In progress

Latest: On 01 August 2023, the National Minimum Wage Commission invited all interested parties to submit written representations concerning possible adjustments to the national minimum wage 2024.

Title & Description

The New Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (the Code) In terms of the Employment Equity Act 55 of 1998

Department:

The Department of Employment and Labour (DEL)

Date Published:

18 March 2022

Status:

Implemented

Purpose: An employer must ensure that there are competent policies against harassment in its organisations which will inform and educate employees about all kinds of harassment. Employers should also consider providing programmes of care and support for victims of violence and harassment.

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Title & Description:

the Occupational Health and Safety Amendment Bill 2020 to amend the Occupational Health and Safety Act 85 of 1993

Department:

The Department of Employment and Labour (DEL)

Date Published:

November 2020 and May 2021

Status:

In progress

Latest: As of May 2023, the Bill is still in Parliament for consideration. It is anticipated it will be signed into law in 2023. The Bill enforces stricter health and safety requirements for South African businesses in that organisations need to be prepared. Among other requirements is for business to develop a health and safety management system to formalise workplace health and safety.

Purpose: The Bill aim to inform every Employer of the changes proposed in the Occupational Health and Safety Act 85 of 1993 and how it affects the liability of the employer. To further make provision in respect of the health and safety of persons at work and the use of plant and machinery.

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Title & Description:

Compensation of Occupational Injuries and Diseases and Disease (COIDA) Act 2022

Department:

The Department of Employment and Labour (DEL)

Date Published:

06 April 2023

Status:

Implemented

Latest: The Compensation of Occupational Injuries and Diseases Amendment Act (COIDA Act) was signed into law by President Ramaphosa on 06 April 2023. The Act effects a range of amendments to the Act (Act No 130 of 1993) which governs compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees, or for death resulting from injuries or diseases. Click to read more

Title & Description:

Draft Rehabilitation, Reintegration and Return-to-Work Regulations (COIDA)

Department:

The Department of Employment and Labour (DEL)

Date Published:

No date

Status:

In progress

Latest: The draft regulations, in terms of COIDA will require the adoption of new systems, policies, and measures by all employers regarding employees who have suffered occupational diseases or sustained injuries in the workplace. These include considerations of existing dismissal procedures and incapacity-related policies already implemented by employers as well as proposed measures to ensure the reintegration of employees into the workplace as far as reasonably possible. Click to read more

Title & Description:

The Code of Practice for Managing Exposure to SARS-CoV-2 in the Workplace In terms of section 203(2A) of the Labour Relations Act

Department:

The Department of Employment and Labour (DEL)

Date Published:

15 February 2022

Status:

Implemented

Purpose: The Occupational Health and Safety Act (OHSA) requires the employer to take steps necessary to protect employees and other persons present at the workplace from occupational hazards.

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Title & Description:

Regulations for Hazardous Biological Agents, 2022 under section 43 of the Occupational Health and Safety Act,

Department:

The Department of Employment and Labour (DEL) Document

Date Published:

16 March 2022

Status:

Implemented

Purpose: The regulations places legal responsibilities on employers to limit the exposure and mitigate the risks of infection by SARS-CoV-2. The promulgation of the regulations was to ensure that when the state of disaster is lifted, there is ongoing protection against Covid-19 in the workplace.

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Title & Description:

Regulations for Hazardous Chemical Agents 2021 under Occupational Health and Safety Act, 1993

Department:

The Department of Employment and Labour (DEL)

Date Published:

29 April 2022

Status:

Implemented

Purpose: As hazardous chemicals pose many risks on people and property of the workplace, it is very important that you manage them in a safe and compliant manner. The effective management of hazardous chemicals requires knowledge, discipline and a lot of method.

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Other Legislations

Title & Description:

Protection of Personal Information Act

Department:

Other Legislations

Date Published:

July 2020

Status:

Implemented

Summary: POPIA promotes the protection of personal information by public and private bodies. The Act ensures that individual rights to privacy is taken seriously and provides protection against unlawful, dissemination and use of personal information including contact details, demographic information, personal history, communication records. Click to read more Click here to read POPI Explained

Title & Description:

Regulations Relating to the Labelling and Advertising of Foodstuffs

Department:

Other Legislations

Date Published:

April 2023

Status:

In progress

Latest: In April 2023, the Department of Health re-published regulations relating to the Labelling and Advertising of Foodstuffs for the third time for public comment, which aim to make changes to the way food items are labelled on store shelves in SA. The proposed changes – introduce a host of changes in food advertising, among others to get rid of trendy descriptions for food like calling products “smart” food, or “intelligent” food; Letter sizes: definition of x-height (fonts name and sizes). Click to read more

Title & Description:

Financial Intelligence Centre Act (FICA) Amendments & CIPC Compliance

Department:

Other Legislations

Status:

Implemented

Beneficial ownership: Accountable institutions are required to know and understand which natural persons ultimately own or exercise control over legal entities or structures, and who receives benefits from such entities.

Risk management and compliance: Accountable institutions have to develop, document, implement and maintain a risk management and compliance programme (RMCP), which now replaces the FICA Internal Rules of the Organisation.

Title & Description:

Zimbabwean Exemption Permit

Department:

Other Legislations

Status:

In progress

Latest: On 18 2023, the Department of Home Affairs' applied for leave to appeal an earlier ruling on the Zimbabwean Exemption Permit (ZEP). Click to read more

Title & Description:

Companies Amendment Bills

Department:

Other Legislations

Date Published:

August 2023

Status:

In progress

Latest: In August 2023, the 2023 Company Amendment Bills were tabled before Parliament, and they are set to make a few changes to the way companies operate in South Africa. Click to read more

Title & Description:

Copyright Amendment Bill & Performers’ Protection Amendment Bill

Department:

Other Legislations

Date Published:

June 2020

Status:

In progress

Latest: In August 2023, The Copyright Coalition of South Africa (CCSA) have been protesting and had engagements with a number of stakeholders to try and get the message across regarding the Bills. The protest got some local and international attention and the issues pertaining to fair use were trending.

Title & Description:

Solar tax incentives for individuals and businesses (Taxation Laws Amendment Bill)

Department:

Other Legislations

Date Published:

April 2023

Status:

Implemented

Latest: In April 2023, National Treasury and the South African Revenue Service called on the public to comment on the draft legislative amendments to give effect to the two renewable energy tax incentives, announced in the 2023 budget speech. The tax incentives are aimed at encouraging private investment into investing in renewable energy. Click to read more

Title & Description:

Consumer Goods and Services Ombuds (CGSO) and Industry Code

Department:

Other Legislations

Status:

Implemented

Latest: The participation of businesses to Industry Codes i.e (Consumer Goods and Services Ombuds (CGSO) or The Motor Industry Ombudsman of South Africa (MIOSA) is mandatory. Click to read more

Title & Description:

Procurement Amendment Bill

Department:

Other Legislations

Date Published:

June 2023

Status:

In progress

Latest: The Bill was introduced to the National Assembly in June 2023, hopes to create a framework to end tender corruption.The process will allow the Bill to be debated and amended if necessary. The draft bill proposes the creation of institutions necessary to ensure the integrity of the procurement system and to address potential violations. Click to read more

Title & Description:

Imprint Amendment Act

Department:

Other Legislations

Status:

Await Minister’s direction

Latest: In April 2022 the Department of Home Affairs responded that the decision will be communicated in due course.

Summary: Printing SA met with the Department of Home Affairs (DHA) in November 2021 to discuss a way forward with the Imprint Act. Printing SA members suggested through the survey that the Act should be discontinued, and the Board supported it. The letter to the Minister was sent in December 2021 requesting discontinuation and the Act be repealed. Click to read more

Title & Description:

Regulations for Energy Performance Certificate for Buildings

Department:

Other Legislations

Status:

Implemented

Latest: In 2022, owners of buildings in South Africa have less than 6 months left to obtain and display an Energy Performance Certificate (EPC)

Summary: The regulations for energy performance certificate for buildings will come into effect on 8 December 2022. They apply to building owners and require formal assessment of building energy consumption. Click to read more

Title & Description:

Group II Hazardous Substances Act

Department:

Other Legislations

Status:

Implemented

The Minister of Health published a notice of the Hazardous Substances Act to declare certain substances and mixtures containing such substances, products, or materials to be Group II hazardous substances on 29 April 2022. Click to read more

Summary: The purpose is to restrict certain hazardous substances from entering the production process to keep them out of the environment.

Title & Description:

The African Continental Free Trade Area

Department:

Other Legislations

Date Published:

January 2021

Status:

Implemented

Latest: In May 2023, AfCFTA secretariat Wamkele Mene said the implementation of the AfCFTA has reached another important point with the completion and adoption of the protocols of competition policy; investment, protection and facilitation; and intellectual property.

Environmental Issues and Environmental Legislation

Title & Description:

Extended Producer Responsibility Regulations

Department:

Environmental Legislation

Date Published:

08 September 2023

Status:

Implemented

Latest: On 08 September 2023, the Department of Forestry, Fisheries and the Environment called a Stakeholder Consultative Engagement with the industries to discuss the Extended Producer Responsibility (EPR) Feed Guide Workshop. The guide detailed and highlighted the key principles guiding the development of the ERP fees, provide international context and benchmarking. Click to read more

Three Steps to Ensuring EPR Compliance

Step 1

Find out if your company is a producer in the paper and paper packaging sector. If you manufacture or import more than 10 tonnes per annum of any of the identified paper products, you need to register with DFFE and with the PRO

Step 2

Register on http://sawic.environment.gov.za/epr/ DFFE will issue you with a registration number

Step 3

Register with respective PROs on their website. Once approved, they will send you a confirmation of registration and a certificate

Title & Description:

National Environmental Management Laws Amendment Act of 2022

Department:

Environmental Legislation

Date Published:

31 May 2023

Status:

Implemented

Latest: : The NEMLAA 4 came into effect on 30 June 2023. Some of the sections which have not come into effect were largely influenced by the Constitutional Court judgement which found that Parliament failed to comply with its constitutional obligation to facilitate public involvement and that the amended definitions of waste, commercial value and trade are invalid and unconstitutional. Read more

Title & Description:

Waste Classification and Management Regulations

Department:

Environmental Legislation

Date Published:

28 April 2023

Status:

Implemented

Summary: The regulations provides guidelines for the classification and management of various types of waste generated in South Africa. Waste generators must ensure that their waste is properly classified, handled, stored, transported, and disposed of in accordance with the Act to minimize its impact on the environment and human health. Read more

Title & Description:

Declaring Printing Activities as Controlled Emitters

Department:

Environmental Legislation

Date Published:

19 August 2020

Status:

In progress

Latest: As of August 2023, no update. Printing SA objected to the Notice declaring Printing Activities as Controlled Emitters published for comment in 2020 and 2016. In January 2021, the Department said the recommendations were submitted to the Minister for her determination. The notice seeks to regulate printing industry using gravure, flexography, rotary screen printing, heat set lithography – performing the printing, coating, varnishing and lamination activities. Click to read more

Title & Description:

The Climate Change Bill

Department:

Environmental Legislation

Date Published:

17 February 2022

Status:

In progress

Latest: On 20 September 2023, the Climate Change Portfolio Committee concluded the Climate Change Bill. It will be going to another committee in Parliament to express its final position and it will be then tabled to the National Assembly for adoption. Finally, it will be sent to President to assent. The Bill was introduced in Parliament in February 2022. The aim of the Bill is to ensure that South Africa facilitates the transitioning to a greener economy, compels businesses to reduce greenhouse gas emissions. Click here to read more

Title & Description:

Environment, Social, Governance (ESG) and Sustainability

Department:

Environmental Legislation

Status:

In progress

Summary: There are a few voluntary ESG disclosures and reporting practices which companies are invited to comply with, that are recorded in various guidance documents, reports, and other guidelines. Investors are increasingly applying non-financial factors as part of their analysis process to identify material risks and growth opportunities.The Disclosure Guidance on Sustainability and Climate Change aims to promote transparency and good governance.

Duty and Trade Issues

Title & Description:

Mondi Paper Application on Office Paper and Reels of Printing and Converting.

Department:

Trade and Commercial Issues

Date Published:

No date

Status:

In progress

Latest: As of 01 August 2023, no update: There has been no determination on Mondi application. The Minister has not given reason for this delay. The initial application by Mondi to increase duty on uncoated fine paper was lodged in March 2021. Printing SA members were against the application. Click here to read more

Title & Description:

Rotunda Duty Application for Thermal Rolls less than 150 mm in Width

Department:

Trade and Commercial Issues

Date Published:

No date

Status:

In progress

Latest: On 19 September 2023, the Department of Trade, Industry and Competition, National Regulator for Compulsory Specifications (NRCS) met with Thermal Converters for an exploratory meeting to explain the compulsory specification for thermal paper in the event the thermal standard meet the requirements. Click here to read more

Title & Description:

SRF Flexipak application on Biaxially Orientated Polypropylene (“BOPP”)

Department:

Trade and Commercial Issues

Date Published:

October 2021

Status:

In progress

Latest: As of 01 August 2023, no update. ITAC advised in May 2023 that further communication will be sent out to all participants. The notice was published in October 2021 for SRF Flexipak (South Africa) (Pty) Ltd. The increase was requested in the rate of customs duty on Biaxially Orientated Polypropylene (“BOPP”). Click here to read more

Title & Description:

Hulamin application on aluminium rolled products

Department:

Trade and Commercial Issues

Date Published:

31 December 2020

Status:

In progress

Latest: In August 2023, ITAC was conducting investigations to gain a holistic understanding of the production processes of each company, and to contextualize the impact that the duty had on each applicant's production. Click to read more

PIFSA and SABS Services

The PrintSecure inspections are underway.

ISO 14298: 2021 — Graphic Technology: The Standard for Management of security standard has been purchased to ensure PrintSecure is in line with the standard.

Technical committee at SABS on (TC 006) on Paper, Board and Pulp; Stationery paper and Board products, Packaging). No meetings has taken place since 2022

Status:

Implemented

Summary: Those who attended the meeting were in full support of the need to address the certification related challenges with the Department of Trade, Industry and Competition (DTIC) and find workable solutions through an industry initiative (through BUSA-led NRCS Project). Click here to read more