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This newsletter

This newsletter overviews new relevant National laws up to 15th July 2019. Log-in to www.gazette.co.za, peruse

the list and follow the hyperlinks to laws that interest you. Please note that [words in bold brackets] in

www.gazette.co.za show proposed deletions, and underlined words in www.gazette.co.za show proposed

insertions - this allows you to see current and planned requirements at the same time, and helps with giving

context to changes/proposed changes.

Please note that you can keep up to date, in-between newsletters, by visiting latest updates.

SAIPA Your Law : V olume 14 Issue 11,

15 July 2019

Page 2

Log-in details for SAIPA Members

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details.

Index

General

1. Notable one liners

General

2. Competition Act: Amendment Act 2018

General

3. Safety matters, and the Generally applicable laws / Legal register / Regulatory universe

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General

1. NOTABLE ONE LINERS

Animal Diseases Act

Amendments relating to African horse sickness, and the general definition of effective remedy, have been

proposed to the animal diseases regulations. Comment deadline 90 days from 28 June 2019.

Compensation for Occupational Injuries and Diseases Act

Notice given to Compensation Fund Medical Service Providers regarding compulsory invoicing requirements in

medical claims using the new claims management system that will go live on the 30th September 2019.

Competition Act

The definition of small and medium business has been gazetted, and has a bearing on the types of firms which

will benefit from certain protections and consideration under existing and proposed competition law.

Financial Services Board Act

The 1 April 2019 to 31 March 2020 levies on financial institutions have been gazetted.

National Environmental Management Act

Notice given to submit a report generated by the national web based environmental screening tool when

submitting an application for environmental authorisation In terms of regulation 19 and regulation 21 of the

Environmental Impact Assessment Regulations.

National Ports Act

The Draft National Ports Amendment Bill 2019 proposes enhancing the funding of the Regulator. Comment

deadline 30 days from 11 July 2019.

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National Water Act

General authorisations for water use extended until the new general authorisation for waste related activities is

gazetted.

Public Service Act

Schedule 1 (Departments and Heads of Department) was substituted on 26 June 2019.

Special Investigating Units and Special Tribunals Act

Note: Also see the collection of investigations.

State Entities

(i)

Investigation launched into South African Social Security Agency activities 3 June 2015 to 12

July 2019, relating to:

▪ payment or receipt of social assistance or benefits through Foster Child Care Grants

in respect of persons who do not, or did not qualify for such assistance or benefits;

▪ maladministration in fleet management, fuel fleet card management, asset

management and family finders contract management;

▪ refurbishment of offices, medical goods or services, cleaning services

and procurement of blankets.

(ii) Special investigation launched into the Council for Medical Schemes for the period 1 January 2014 to

5 July 2019, relating to maladministration in connection with the affairs of the Council in relation to

regulatory interventions which were conducted by the Council in terms of the Medical Schemes Act,

including the causes of such maladministration.

(iii) Special investigation launched into Denel for the period 1 January 2015 to 5 July 2019, relating to IT

security assessment services; services to develop a white paper relating to the validity of advance

payment bank guarantees on all contracts entered into by Denel and the Armaments Corporation of South

Africa SOC Ltd; legal services; steel fabrication services and steel fabricated goods; and awarding of

bursaries.

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(iv) Investigation launched into South African Heritage Resources Agency activities 1 January 2013 to 12

July 2019, relating to improvements to 10 heritage sites.

Note: Also consider the past National Heritage Council investigation.

National Departments

(i) Investigation launched into the Department of Agriculture, Forestries and Fisheries activities 1 March

2017 to 12 July 2019 relating to the Comprehensive Agricultural Support Programme.

(ii) Second special investigation launched into the Department of Justice and Constitutional

Development for the period 22 October 2007 to 5 July 2019, relating to Industrial Development Trust

court construction and land acquisition activities, and court room furniture, goods, services, and contract

and performance management.

Note: First special investigation into the Department of Justice and Constitutional Development relating

to the office of the State Attorney and all branches also amended - also consider section 3 to 9A of

the State Attorney Act.

(iii) Investigation launched into the Department of Defence and Military Veterans activities 1 February

2016 to 12 July 2019 relating to the procurement of or contracting for Microsoft software licences.

(iv) Second special investigation launched into the Department of Water and Sanitation for the period 1

January 2016 to 5 July 2019, relating to the emergency upgrading of the Thukela Goedertrouw Transfer

Scheme.

Note: First special investigation into the DWS can be found here.

Provincial Departments and Entities

(i) Third investigation launched into Eastern Cape Department of Education activities (now for 1 January

2012 to 12 July 2019 and relating to procurement of or contracting for the supply and erection of

prefabricated mobile classrooms, laboratories and water tanks at schools).

Note: The first investigation can be found here and the second investigation can be found here.

(ii) Investigation launched into Free State Department of Health activities 1 January 2010 to 12 July 2019

relating to certain actions and inactions by medical practitioners employed by the Department.

(iii) Investigation launched into Free State Department of Human Settlements activities 1 January 2013

relating to aero-medical services and patient transport services.

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(iv) The special investigation into the Gauteng Department of Human Settlements has been amended to

change the period under investigation to 1 February 2014 to 5 July 2019, and to add the appointment of

a service provider by Lepelle Northern Water to render engineering consulting services in respect of the

raising of the Tzaneen Dam.

(v) Reference update made to the Internal Audit Unit and Infrastructure Management and Economic

Services Unit in the Kwa-Zulu Natal Provincial Treasury investigation.

(vi) Special investigation launched into the North West Development Corporation activities 1 January

2015 and 5 July 2019, relating to MVEST Trust service level agreement to implement the Youth

Enterprise Combo, Naphtronics (Pty) Ltd to render security services to the NWDC, purchase of Christiana

Hotel and Game Farm, and establishment of Tokiso Security Services SOC Ltd as a subsidiary of the

NWDC.

(vii) The special investigation into the North West Department of Public Works, Roads and Transport has

been amended to change the period under investigation to 1 January 2018 to 5 July 2019, and to add 8

more road and other tenders to the list.

Municipalities

(i) Special investigation launched into Madibeng municipality activities 18 September 2015 to 12 July

2019 relating to a 36 month maintenance lease agreement for pool vehicles, and to undisclosed or

unauthorised interests which the personnel of the Municipality or the State may have had in contractors,

suppliers or service provider bidding for work or doing business with the Municipality or to whom contracts

were awarded by the Municipality.

(ii) Thabazimbi investigation amended to include the procurement of information communication

technology related services, and to extend the period under investigation to 12 July 2019.

Standards Act

New, proposed, amended, and withdrawn standards have been gazetted for 28 June 2019 and 12 July 2019.

Note: Generally related laws may in certain circumstances involve standards, for example, section 55 of the

Consumer Protection Act, the Occupational Health and Safety Act, the National Regulator for Compulsory

Specifications Act, the National Health Act, the Agricultural Products Standards Act, and/or the Competition

Commission and SABS MoU.

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Tax Administration Act

Notice to submit income tax returns for the 2019 year of assessment has been gazetted.

Back to index

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General

2. COMPETITION ACT: AMENDMENT ACT 2018

A number of sections of the Competition Amendment Act, 18 of 2018 commenced on 12 July 2019.

12 July 2019 amendments

The Amendment Act has, amongst others, redefined:

(i) Exclusionary act, to include an act that impedes or prevents a firm from participating (as defined) in

a market;

(ii) Abuse of dominance, to, amongst others, prohibit a dominant firm from:

▪ Selling goods or services at predatory prices (i.e. prices below the firm’s average avoidable

cost or average variable cost);

▪ Engaging in a margin squeeze (i.e. occurs when the margin between the price at which a

vertically integrated firm, which is dominant in an input market, sells a downstream product, and

the price at which it sells the key input to competitors, is too small to allow downstream

competitors to participate effectively);

Note: There is now a burden of proof on a dominant firm, if there is a prima facie case of abuse of dominance

because the dominant firm charged an excessive price, to show that the price was reasonable as per the factors

proposed for section 8;

(iii) Mergers by, amongst others, expanding competition factors and public interest factors (for example

promotion of a greater spread of ownership) and enforcement of merger conditions (also referencing

employment and SMME considerations);

(iv) Market inquiries, including redefining meaning, summons, hearing and access to confidential

information, matters to be decided, duty to remedy, outcome (also see consent orders), appeals (also

see orders), and participation;

Note: The divestiture section has been amended so that an adverse market inquiry finding may result in the

Tribunal even ordering a firm or other person to sell any shares, interest or assets.

(v) Prescription, by changing the text to read that a complaint on a prohibited practice, that ceased more

than 3 years before the complaint was started, may not be referred to the Tribunal;

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(vi) Commission guidelines, by amongst others, stating that a guideline is not binding but any person

interpreting or applying the Act must take the guideline into account, and by leaving the parameters

envisioned in sections 4 and 5 (if and when those sections are amended), and 8 to regulations; and

(vii) Administrative penalties, by, amongst others:

▪ Going immediately over to such penalties for all instances restrictive practices, abuse of

dominance or price discrimination, instead of the current position where such penalties are at

times only triggered if there is a repeat conduct involved;

▪ Adding extenuating factors, such as whether, and to what extent, the contravention had an

impact upon small and medium businesses and firms owned or controlled by historically

disadvantaged persons, and whether the conduct has previously been found to be a

contravention of this Act or is substantially the same as conduct regarding which

the supposedly non-binding and subject to change guidelines were issued;

▪ Introducing a penalty of up to 25% of a firm's annual turnover in SA and exports from SA in

the preceding financial year if repeat conduct is involved;

▪ Allowing the Tribunal to increase a penalty to include turnover of firms controlling the

respondent, if such firms should have reasonably known the respondent is engaging in the

prohibited conduct, and to make them jointly and severally liable;

(viii) A right for the Competition Commission to request information from any firm to compile its impact

study report of any Competition Commission, Competition Tribunal or Competition Appeal Court decision,

ruling or judgment;

Note: The revised right of informants to claim confidentiality and restricted use of information provisions (if and

when commenced) would apply; and

(ix) A specific Act provision for leniency policy (with types, criteria, procedures, and possible conditions

to be determined later.

Note: In terms of revised transitional provisions, the current policy will apply until the section 49E leniency policy

is in place.

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Regulatory uncertainty: Amendment Act 2009

Although the Amendment Act 2018 negated by inference certain amendments to be made by the Competition Act

2009 once a commencement date is gazetted (most notably the repeal of the uncommenced complex monopoly

conduct section) it did not make it clear that Amendment Act, 1 of 2009 amendments that have not commenced

yet (see sections 1, 2, 3, 10A, 21, 49B, 50, 58, 59, 73, and 82, and schedule 2) are to be repealed in favour of

the later developments introduced by Amendment Act 2018.

This creates a form of regulatory uncertainty - surprise laws are a real concern, as demonstrated by the sudden

commencement of dormant amendment provisions relating to the Immigration Act a few years ago.

Regulatory uncertainty: Amendment Act 2019

A number of Amendment Act 2019 sections have not commenced:

(i) Redefining restrictive horizontal practices, to include dividing markets by allocating market shares (not

defined);

(ii) Prohibiting a dominant firm in a Minister designated sector designated to:

▪ Directly or indirectly, require from or impose on a supplier that is a small or medium business or

a firm controlled or owned by historically disadvantaged persons, unfair prices or other trading

conditions; or

▪ Avoid purchasing, or refuse to purchase, goods or services from a supplier that is a small and

medium business or a firm controlled or owned by historically disadvantaged persons in order

to circumvent the above prohibition;

(iii) Price discrimination by a dominant firm, by prohibiting an action by a dominant firm that has the likely

effect of impeding the ability of small and medium businesses or firms controlled or owned by historically

disadvantaged persons, to participate effectively;

Note: The Bill also proposes prohibiting that a dominant firm avoids selling, or refuses to sell, goods or services

to a purchaser that is a small and medium business or a firm controlled or owned by historically disadvantaged

persons in order to circumvent the above prohibition.

(iv) Requiring that an exemption application must be granted or refused within 1 year, unless agreed

otherwise or exemption regulations apply, and adding further objectives that may warrant an exemption;

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(v) Access to confidential information (defined in the Act as trade, business or industrial information

belonging to a firm, that has a particular economic value, and that is not generally available to or known

by others), in almost any instance where confidential information may be involved, including:

▪ Appropriate determination concerning access to confidential information may include disclosure

to the legal representatives or economic advisors of the person seeking access;

▪ Relevant Ministers and relevant regulatory authorities may access a firm's confidential

information subject to a few parameters that contain a 'required by law' and 'believes shows

potential criminal offence' exception; and

Note: The actual manner in which assurance can exist that the parameters will be kept is unclear, and the

exceptions are so wide that almost any interpretation of a requirement or any belief would suffice.

Further note: Although not necessarily directly relevant, Promotion of Access to Information Act rights of refusal

may contain good practical examples of what may be considered confidential information.

(vi) A committee to consider if implementation of a merger involving a foreign acquiring firm may have an

adverse effect on national security interests, with some factors listed in section 18A.

However, the Amendment Act 2018 amendments that have not commenced yet may theoretically commence at

almost any future stage, as it has not been made unequivocally and formally clear that they will not commence.

This creates a form of regulatory uncertainty - surprise laws are a real concern, as demonstrated by the sudden

commencement of dormant amendment provisions relating to the Immigration Act a few years ago.

Regulatory coherence

The Amendment Act 2019 amendments that commenced should also be considered with relevant related laws,

such as the Prevention and Combating of Corrupt Activities Act, Promotion of Administrative Justice Act and right

of a juristic person to rights (such as consideration of rights limitation factors) in the Bill of Rights (to the extent

required by the nature of the rights and the nature of that juristic person), even where such laws are not mentioned

in the Act.

Proc R46 GG42576 / 12 July 2019 (Incorporated into the Competition Act and Regulations)

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General

3. SAFETY MATTERS, AND GENERALLY APPLICABLE LAWS/ LEGAL

REGISTER / REGULATORY UNIVERSE

The safety of an employee or client may be important to your company, in which event it may be important to note

that safety regulatory parameters are not limited only to laws such as the Occupational Health and Safety Act.

The purpose of this overview is simply to place the focus on safety matters higher on the over-populated regulatory

radar, by noting touchpoints with some of the laws that are generally applicable to any business (King Code), the

laws likely to appear in a legal register (ISO), and/or the laws likely to be considered in a regulatory universe

(GACP).

Some touch points to consider

0. Constitution of the Republic of South Africa

Application note: Supreme law of RSA - law or conduct inconsistent with the Constitution is invalid.

Touch point example: Right to human dignity, right to life, right to freedom and security of the

person, acknowledgement of common law and balancing Constitutional rights with Constitutional limitation of

rights.

1. Basic Conditions of Employment Act, Regulations and Sector-specific determinations

Application note: Generally regulates employees’ workday, off time, leave, contract, pay and termination.

Touch point example: Regulations on hazardous work by children, Code on arranging working time, Code on

protection of employees during pregnancy and after giving buirth, and Code on employing children in advertising,

artistic or cultural activities.

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2. Broad-Based Black Economic Empowerment Act and Regulations

Application note: Expectations when interacting with government departments and regulators.

Touch point example: Quality of material supplied and inherent safety requirements may still be a part of

procurement practices.

3. Companies Act and Regulations

Application note: Relevant for non-companies too - for example Close Corporations Act references such

as disqualification from management, and Companies Act section 159 protected disclosures.

Touch point example: A company that flaunts or ignores reasonable inherent safety requirements that should be

considered for the protection of employees and/or clients may be transgressing the section 22 duty not to carry

on its business recklessly, or with gross negligence.

4. Competition Act and Regulations

Application note: When considering a merger, when drawn into a market inquiry, or when believing one may non-

competitively affect relationships with competitors, suppliers, customers, conditions, markets, tenders, prices, or

facilities, or enforce certain exclusionary acts.

Touch point example: Section 49 provides that a person who enters and searches any premises under section

48 must conduct the entry and search with strict regard for decency and order, and with regard for each person’s

right to dignity, freedom, security and privacy.

5. Consumer Protection Act and Regulations

Application note: Generally applies whenever a service or product is provided to an individual, or else an entity

with a threshold below R2m - exceptions includes financial sector laws covered by the Financial Sector Regulation

Act.

Page 14

Touch point example: As a general rule, every consumer has a right to receive goods that are reasonably suitable

for the purposes for which they are generally intended; are of good quality, in good working order and free of

any defects; will be useable and durable for a reasonable period of time, having regard to the use to which they

would normally be put and to all the surrounding circumstances of their supply; and comply with any applicable

standards set under the Standards Act 1993, or any other public regulation.

Note: The Standards Act 1993 was replaced by the Standards Act 2008, and some standards are gazetted as

compulsory standards (in terms of laws such as the Occupational Health and Safety Act, the National Regulator

for Compulsory Specifications Act, the National Health Act, and the Agricultural Products Standards Act.

6. Copyright Act and Regulations

Application note: Starting point for considering intellectual property rights. Apart from the duty in intellectual

property laws to respect such property, one should also consider other laws that directly or indirectly require

respect for intellectual property, including the Companies Act duty not to act recklessly, grossly negligently or

fraudulently and the Counterfeit Goods Act.

Touch point example: The Promotion of Access to Information Act examples of confidential information that may

trigger a right of refusal (in terms of that Act) includes the right of a head of a private body to refuse a request for

access to a record of the body if its disclosure would be likely to prejudice or impair the security of a building,

structure or system, including, but not limited to, a computer or communication system; a means of transport;

or any other property. Copyright may vest in such system or property safety measures.

7. Electronic Communications and Transactions Act and Regulations

Application note: For electronic transactions, and, for now, also when using personal information gained from an

electronic transaction.

Touch point example: Principles for electronically collecting personal information obtained through electronic

transactions offer some protection against identity theft including the requirement that the data controller must,

for as long as the personal information is used and for a period of at least one year thereafter, keep a record of

any third party to whom the personal information was disclosed and of the date on which and the purpose for

Page 15

which it was disclosed, and the data controller must delete or destroy all personal information which has become

obsolete.

8. Employment Equity Act and Regulations

Application note: When employer and employee or potential employee interact, or employees interact with each

other.

Touch point example: Code on the handling of certain harassment cases in the workplace, and code on

employment of persons with disabilities.

9. Expropriation Act and Regulations

Application note: To be considered if the business owns immovable property, has immovable property rights or

has intellectual property rights.

Touch point example: When considering the provisions relating to inspection of property for purposes of

expropriation or taking of right to use temporarily, it will also be important to consider means to confirm that

persons stating they are authorised to take such actions are indeed authorised persons.

10. Financial Intelligence Centre Act and Regulations

Application note: All entities are required to comply with section 29 suspicious and unusual transaction reporting

and record-keeping duties, and financial sanctions requirements. Further reporting and record-keeping

requirements apply to accountable institutions, reporting institutions and supervisory bodies.

Touch point example: The Centre must, amongst others, ensure that appropriate measures are taken in respect

of personal information in its possession or under its control to prevent unlawful access to or processing of

personal information, other than in accordance with this Act and the Protection of Personal Information Act (not

fully commenced yet).

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11. Immigration Act and Regulations

Application note: When employing a foreigner or handling the actual or purported passport, travel document or

ID, or assisting a foreigner. Further duties apply to certain business within the education, financial, health,

hospitality, property and transport sectors.

Touch point example: Section 29 states, amongst others, that the following foreigners are prohibited persons and

do not qualify for a port of entry visa, admission into the Republic, a visa or a permanent residence permit:

▪ those infected with or carrying infectious, communicable or other diseases or viruses as prescribed;

▪ anyone against whom a warrant is outstanding or a conviction has been secured in the Republic or a

foreign country in respect of genocide, terrorism, human smuggling, murder, torture, drug-related charges,

money laundering or kidnapping;

▪ a member of or adherent to an association or organisation advocating the practice of racial hatred or

social violence;

▪ anyone who is or has been a member of or adherent to an organisation or association utilising crime or

terrorism to pursue its ends; and

▪ anyone found in possession of a fraudulent visa, passport, permanent residence permit or identification

document.

12. Labour Relations Act and Regulations

Application note: The Act may be triggered when one is involved in an allegation of unfair dismissal, in a transfer

of an employee, insolvency, in a temporary or fixed term employment contract or when requested to provide

information under the law. Also, the Act may apply in other instances where there is a trade union involved in the

business.

Touch point example: Default picketing rules under the picketing regulations, include the statement that

participants in a picket on the employer's premises shall, in addition to the control of picket requirements remain

within the designated picketing areas; observe the health and safety rules and regulations applicable in the

workplace; refrain from causing any damage to property or allowing any damage to be caused; and leave the

premises and the facilities in the condition in which they found it.

Page 17

13. National Credit Act and Regulations

Application note: Limits certain credit checks. Certain parts, such as incidental credit agreements, may be

triggered if the business intends to charge interest for late payment or if a fee is defrayed until a later date but

then at an increased amount, or to include credit life insurance cover. Other parts apply to a business specifically

involved in aspects of credit provision as an ongoing concern.

Touch point example: Prohibited collection and enforcement practices include such practices involving an

agreement by the consumer to :

▪ deposit with the credit provider, or with any other person at the direction of the credit provider, an identity

document, credit or debit card, bank account or ATM access card, or any similar identifying document or

device; or

▪ provide a personal identification code or number to be used to access an account.

14. National Environmental Management Act and Regulations

Application note: Owner, controller or right holder of certain land or premises must take reasonable measures to

prevent significant pollution or degradation from occurring, continuing or recurring. Directors or close corporation

members may be jointly and severally liable for any negative impact on the environment. Protection of workers.

General duty to report and manage environmental incidents, and to protect environmental protected

disclosures. Environmental impact assessments are required before certain activities may be commenced

with. Specific environmental duties also apply to specific types of businesses.

Touch point example: Duty of care and remediation and protection of employees refusing to do environmentally

hazardous work.

15. National Health Act and Regulations

Application note: Norms and standards for premises.

Touch point example: For example, there may be lessons contained for non-health entities, in the measures for

the surveillance and the control of notifiable medical conditions.

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16. National Regulator for Compulsory Specifications Act and Regulations

Application note: Products must comply with any compulsory specifications.

Touch point example: The purpose of the Act is to provide a legal framework for the administration and

maintenance of compulsory specifications in the interests of public safety and health or for environmental

protection in the Republic.

17. National Road Traffic Act and Regulations.

Application note: When driving on the public road there is a duty to comply with the rules of the road, comply with

vehicle safety requirements, and to report a road accident. There is also a presumption that the owner of the

vehicle drove or parked a vehicle, and a possibility of vicarious liability of an employee.

Touch point example: Rules of the road.

18. Occupational Health and Safety Act and Regulations.

Application note: Every employer has a duty to, as far as reasonably, ensure safe working premises for its

employees and other persons visiting the work premises. Mine Health and Safety Act and Occupational Diseases

in Mines and Works Act apply to mining sector.

Touch point example: Employer general duty to protect employees and protect persons on premises, employee

duty at work to take reasonable care for the health and safety of himself or herself and of other persons who may

be affected by his or her acts or omissions, and manufacturer safety duties.

19. Preferential Procurement Policy Framework Act and Regulations.

Application note: When tendering services or products to any national, provincial, municipal or other government

entity.

Touch point example: Functionality considerations include that the minimum qualifying score for functionality for

a tender to be considered further may not be so low that it may jeopardise the quality of the required goods or

services.

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20. Prescription Act.

Application note: To be considered when certain financial debts, not covered by other laws, is owed or is due.

Touch point example: Prescription shall not commence to run in respect of a debt based on the commission of

certain offences.

21. Prevention and Combating of Corrupt Activities Act and Regulations.

Application note: To be considered in any business interaction or sponsorship, keeping in mind that additional

offences apply for failure to report, for corrupt directors/ employees/ agents, and for aiding in a corruption offence

after the fact.

Touch point example: Offences of unacceptable conduct relating to witnesses.

22. Promotion of Access to Information Act and Regulations.

Application note: To be considered when applying for information, being requested to provide information in terms

of the Act or otherwise or being requested to provide information belonging to a third party’s. Where a regulator

requests information under another law the right of refusal provisions in this Act may serve as examples of where

such regulator may be overstepping their legal boundary.

Touch point example: The head of a private body must refuse a request for access to a record of the body (made

in terms of the Act) if its disclosure could reasonably be expected to endanger the life or physical safety of an

individual. A similar duty to refuse applies to an information officer of a public body.

23. Promotion of Administrative Justice Act and Regulations.

Application note: To be considered whenever dealing with a person given a public function by law who then

intends to exercise an administrative discretion.

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24. Promotion of Equality and Prevention of Unfair Discrimination Act and Regulations.

Application note: When an employer or its employees interact with non-employees, such as customers, suppliers,

regulators etc.

Touch point example: Prohibition of hate speech, prohibition of harassment, and prohibition of certain forms of

dissemination or publication.

25. Protected Disclosures Act and Regulations.

Application note: Whenever considering protected disclosures by an employee, past employee, independent

contractor, consultants, or agent. This law must be considered together with the protected disclosure provisions

in laws such as the Companies Act and the Pension Funds Act.

Touch point example: Amongst others, section 4 states that any employee who has been subjected, is subjected

or may be subjected, to an occupational detriment in breach of section 3, or anyone acting on behalf of an

employee not able to act in his or her own name, may approach any court having jurisdiction, including the Labour

Court established by section 151 of the Labour Relations Act, for appropriate relief, or pursue any other process

allowed or prescribed by any law.

26. Regulation of Interception of Communications and Provision of Communication-Related Information

Act and Regulations.

Application note: To be considered when monitoring employee emails, recording communications or providing

cellphones to employees. Further duties apply to communications providers.

Touch point example: Interception of communication to prevent serious bodily harm.

27. Tax Administration Act and Regulations.

Application note: Starting point for compliance with all applicable tax laws, when ensuring internal tax reporting,

records and payments are in order, when asserting legal professional privilege in tax related matters,

when required to collect tax on behalf of SARS, when the list of reportable arrangements is triggered etc.

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Notes on the overview

(i) This is not a definitive or up-to-the minute list. It is simply a note to remind the reader to keep other

laws in mind as well, whether under the mantle of 'applicable laws', 'legal register', 'regulatory universe',

or other chosen nomenclature.

(ii) This list looks at laws that apply to a large majority, if not all, SA businesses. Sector-specific laws,

such as the Financial Sector Regulation Act, Public Finance Management Act, Mine Health and

Safety Act, Civil Aviation Act, or Alienation of Land Act are not mentioned here (you may find those laws

by searching the relevant employee, financial, general, information, property or safety library after clicking

on the home button).

(iii) Laws that are related to an Act can be found by clicking on the Act in the list and then considering the

list of Related Laws found on the right-side of that law, or laws that appear at the end of an Act. Again,

the related laws do not constitute a definitive or up-to-the-minute list.

(iv) This list does not consider Bills or Acts that have not commenced yet.

(v) This list focuses on laws that apply to most businesses, and may be triggered by daily, weekly,

monthly or annual business activities - general laws such as the Conventional Penalties Act is not

included for that reason.

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