Legislation and Trade Matters

Labour and Employment

Title & Description:

Employment Equity Amendment Bill 2020

The Employment Equity Bill (EE) to the amend the Employment Act No 55 (“the EEA”) of 1998

Department:

The Department of Employment and Labour (DEL)

Date Published:

introduced in Parliament on 28 October 2020

Status:

In progress

Latest: In June 2022, The EE Bill has been passed by the two Houses (National Assembly and National Council of Provinces) of Parliament, and now the Bill is with the President to assent and sign it into law.

Purpose: The EE Bill (which will result in amendments to the act) is aimed at reducing the regulatory burden on small business; empowering the Employment and Labour Minister to regulate sector specific employment equity numbers; and promulgating section 53 of the EEA for issuing of Employment Equity Compliance Certificates.

Title & Description:

The Draft National Labour Migration Policy (draft NLMP) and
Employment Services Amendment Bill (ES Bill)

To amend the ES Act, refine and adjust the two policies (draft
NLMP and the ES Bill)

Department:

The Department of Employment and Labour (DEL)

Date Published:

8 February 2022

Status:

In progress

Latest: The public participation on the Bill has been conducted to Provinces from March to May 2022 to comment on the published Labour Migration Policy and Employment Service Amendment Bill.

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.

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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

Latest: On 18 March 2022, the Minister of Employment and Labour published the new Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace in terms of the Employment Equity Act (EEA), the Code became effective.

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: In May 2021, the OHSA Bill, was tabled in Parliament by Minister of Employment and Labour published, in November 2020 Bill was introduced for the first initial reading with the intention to amend the Occupational Health and Safety Amendment Act.

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:

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

Latest: The State of Disaster lapsed on 15 April 2022, the Minister of Employment and Labour issued a new Code of Practice to replace the Disaster Management Act applicable to the workplace.

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

Latest: Severe acute respiratory syndrome coronavirus 2 (SARS CoV2 COVID-19) is now listed as a Group 3 hazardous biological agent (HBA) in the Hazardous Biological Agents Regulations. The Regulations were published by the Minister of Employment and Labour on 16 March 2022.

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

Latest: On 29 April 2022, the Department of Employment and Labour published the Regulations for Hazardous Chemical Agents, 2021. The regulations exempts manufacturers and/or suppliers of chemicals that are non-GHS compliant, provided that the chemical was manufactured or imported prior 29 September 2022. The exemption will be for a period of 12 months, ending 30 September 2023, when all labelling and SDS (Safety Data Sheet) shall be GHS compliant.

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

Status:

Implemented

Latest: The Act came into effect from 1 July 2021.

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

Status:

In progress

Latest: In June 2022 the Copyright Bill was discussed in Parliament, the Portfolio Committee (PC) on Trade and Industry concluded the clauses in the Bill and sent it to National Assembly to further deliberate.

Summary: The Copyright Coalition of South Africa (CCSA) submitted comments on Committee’s consideration of a list of changes to the Bills. The CCSA pointed out the problem with the Bill that it will not benefit creators, namely the proposals for expansive exceptions to copyright, notably the ‘fair use’ clause. Click to read more

Status:

In progress

Latest: No update as of 15 June 2022

Summary: In October 2020, the Bill was sent to the Committee for further research and input. 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

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

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

Status:

In progress

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.

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

Environmental Issues and Environmental Legislation

Status:

Implemented

Latest: EPR regulations are now in effect, The obliged producers are now financially and/or operationally responsible for their waste.

hree 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

Summary: The amended regulations were published on 5 May 2021 required all producers of identified products and PRO to register by 5 November 2021 and comply with the regulations. Companies are to submit monthly declarations to PROs and pay EPR fees as of January 2022. Click here tot read ERP explained

Status:

In progress

No update as of July 2022

Latest: In 2021, the Department of Forestry, Fisheries and the Environment (DFFE) advised that they forwarded our comments and their recommendations to the Minister for her consideration. Printing SA objected to the Notice declaring Printing Activities as Controlled Emitters. The department said they will inform us if there are any updates on the matter.

Summary: The notice seeks to regulate operators or owners of an existing or new printing industry operating using the technologies of gravure, flexography, rotary screen printing, heat set lithography – performing the printing, coating, varnishing and lamination activities. Read more: Estimated costs for equipment, submission and proposal sent to DEFF

Status:

In progress

Latest: In May 2022 the discussions on Climate Change Bill were underway in Parliament. The Bill was introduced in Parliament in February 2022 by the Minister of Forestry, Fisheries and Environment (DFFE). 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

Status:

In progress

Latest:The JSE’s Sustainability Disclosure Guidance draft document was released in December 2021, which aligns the most influential global initiatives on sustainability. The climate change disclosure is developed to help integrate and communicate climate-related information for businesses in alignment with current best practices.
View the JSE Sustainability Disclosure Guidance. Read related article on Evolution of Sustainability and Circular Economy and Their Influence on Printing Operations

Duty and Trade Issues

Status:

In progress

Latest: As of 13 June 2022, the Minister has not decided whether the increase is rejected or not.

Summary: On 22 April 2022 and 5 May 2022, Printing SA wrote to the Minister of Trade, Industry and Competition to urgently pronounce on the issue and to reject the duty increase application. Members raised frustration as the delay to announce the outcome is causing uncertainty to their businesses. Click here to read more

Status:

In progress

Latest: ITAC to meet with Rotunda on 15 June 2022 to verify Information requested by ITAC to amend the application submitted on 20 May 2022.

Summary: Printing SA and SARS met on 8 April 2022 to discuss and agree on proposal sent to SARS to apply the increase on 4811 90 91; 4810.13.30, 4810.14.05, 4810.19.05 and 4810.29.05 which all describe “Thermocopy paper”. The consensus was reached to apply to all codes. ITAC requested Rotunda to amend the application by including all codes and to include 2021 information. Click here to read more

Status:

In progress

Latest: As of 1 June 2022, no further update.

Summary: ITAC advised in January 2022 that the investigation is at an advanced stage, 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 in the rate of customs duty on Biaxially Orientated Polypropylene (“BOPP”) classifiable under tariff subheadings 3920.20.50 and 3920.20.55 from free of duty to 10%. Click here to read more

Status:

In progress

Latest: In February 2022, the trade ministers decided that the outstanding negotiations should be fast-tracked for completion this year

Summary: AfCFTA came into force in January 2021, signed in March 2018, ratified by the required number of countries by May 2019. The Agreement aims to create a single market on the African continent for goods and services, increase trade flow within the African continent and eliminate import duties to commodities.

Trade in Services: In April 2022, negotiations with member states are underway.

Trade in Goods: In February 2020, a memorandum of understanding signed aimed at operationalising the tariff schedules and ensuring additional free and efficient movement of goods in Africa. 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

Latest: Businesses attended a meeting hosted by the Business Unity of South Africa (BUSA) on 9 March 2022 to discuss challenges posed by the EMC/EMI certification.

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