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Legislative Environment News

Companies must do fact finding if adversely mentioned in State capture report – Pinsent Masons advises 

By: Thabi Madiba     4th March 2022 Pinsent Masons partner and white collar crime expert Edward James has advised companies to stay up to date with media reports about companies implicated in State capture and to check whether suppliers are adversely mentioned in the Judicial Commission of Inquiry into State Capture report.... 

Labour Migration Bill to impose quotas on foreign national workers 

By: Schalk Burger     28th February 2022 Employment and Labour Minister Thulas Nxesi on February 28 released the draft National Labour Migration Bill, which proposes amendments to the Employment Services Act, for public comment. The Bill proposes that the Minister set quotas for the total number of documented foreign nationals with work... 

South Africa must build resilience to external shocks while decarbonising

By: Darren Parker     28th February 2022 If South Africa were to pursue its own version of a Green New Deal (GND), it would need to decarbonise the economy while building resilience to external shocks and stabilising the economy for all, said Global Institute for Sustainable Prosperity president Fadhel Kaboub on February 25. He espoused... 

A photo of Finance and Fiscal Commission deputy chairperson Michael Sachs
Photo by Oscar Gutierrez
Finance and Fiscal Commission deputy chairperson Michael Sachs

Govt workers lose Constitutional Court bid to enforce wage agreement  

By: News24Wire      28th February 2022 The Constitutional Court has ruled against public sector trade unions in their bid to force government to honour a wage agreement for 2020, siding with the Labour Appeal Court which found that the agreement was unlawful.  At stake was R75.6-billion in backpay, which unions had hoped the court... 

Legal scales

Law firm to provide insight on energy laws

By: Sabrina Jardim     25th February 2022 Law firm Norton Rose Fulbright will participate at this year’s Africa Energy Indaba as a partner, providing a legal perspective on energy sector laws. The global law firm provides a business law service, with an industry focus throughout major key industries, including the energy industry. 

Hand turns dice and changes the expression
Photo by Frank Harms
TRANSITION MISSION Norton Rose Fulbright is participating as a partner at this year’s Indaba to discuss energy storage and the just energy transition

Creecy welcomes progressive carbon tax increases  

By: Darren Parker     24th February 2022 Forestry, Fisheries and the Environment Minister Barbara Creecy has welcomed the announcement by Finance Minister Enoch Godongwana that government plans to progressively increase the carbon price every year to reach $20/t of carbon dioxide equivalent (CO2e) by 2026, $30/t of CO2e by 2030 and... 

A photo of Forestry, Fisheries and the Environment Minister Barbara Creecy
Forestry, Fisheries and the Environment Minister Barbara Creecy

Poultry industry improvements should alleviate challenges

By: Darren Parker     23rd February 2022 The South African Poultry Association (Sapa) has made some “decisive improvements” to the poultry sector after a difficult year, it said on February 22. The effects of these improvements were aimed at alleviating problems experienced throughout the entire poultry value chain by the industry over... 

A photo of lots of chickens

Govt, Stats SA encourage South Africans to participate in census

By: Donna Slater     17th February 2022 Government and Statistics South Africa (Stats SA) are encouraging anyone within the borders of South Africa to cooperate with census field workers and representatives as Stats SA performs the 2022 census. Stats SA conducts major censuses on the population of South Africa every ten years.  

Shell, Mantashe lose court bid challenging Wild Coast seismic survey interdict  

By: News24Wire      17th February 2022 The High Court in Makhanda has dismissed Shell and Mineral Resources and Energy Minister Gwede Mantashe's application for leave to appeal a ruling that temporarily halted a seismic survey off the Wild Coast. The interim interdict remains in place. Judge Gerald Bloem made the ruling on Thursday.... 

Shell logo

Creecy extends deadline for registration of EAPs

By: Tasneem Bulbulia     15th February 2022 Forestry, Fisheries and the Environment Minister Barbara Creecy has extended the public consultation period for comment on the proposed amendment to the Section 24H Registration Authority Regulations to February 21. She has also granted a six-month extension to the compulsory deadline for the... 

Hospitality industry pleads for end to National State of Disaster

By: Darren Parker     8th February 2022 The Federated Hospitality Association of South Africa (Fedhasa) has added its voice to calls for the lifting of the National State of Disaster by President Cyril Ramaphosa in his upcoming 2022 State of the Nation Address (SoNA). Ramaphosa will deliver the SoNA at 19:00 on February 10 at the Cape... 

Vague Covid-19 policy a hindrance to economic recovery

By: Darren Parker     7th February 2022 Diversified professional services firm Ernst & Young Africa CEO Ajen Sita has criticised “vague” government policy on tackling Covid-19, calling for more clarity to steer South Africa out of crisis and towards economic recovery. “We need to decide whether we are going for population immunity –... 

DMRE’s gas ambitions opposed by activists

By: Darren Parker     7th February 2022 Nonprofit shareholder activism and responsible investment organisation Just Share has questioned the wisdom of pursuing a natural gas strategy in South Africa. The organisation has made several technological and economical arguments opposing the Department of Mineral Resources and Energy’s... 

Workplace mandatory vaccination policy must be based on risk assessment - CDH

By: Schalk Burger     4th February 2022 Organisations that implement a mandatory Covid-19 vaccination policy must do so on the basis of a risks assessment, and the risk assessment must consider the operational requirements of the workplace before employers can decide to implement a mandatory vaccination policy, law firm Cliffe Dekker... 

Greater accountability needed for underperforming construction contractors

By: Donna Slater     26th January 2022 Following concerns about the lengthy and litigious process to recoup money from underperforming construction contractors, the Portfolio Committee on Human Settlements has requested that government enhance accountability mechanisms against contractors responsible for blocked and unfinished human... 

Index shows South Africa has reached a standstill in efforts to curb corruption

By: Tasneem Bulbulia     25th January 2022 The release of the Transparency International’s 2021 Corruption Perceptions Index (CPI) reveals that South Africa, along with many other countries in the world, has reached a virtual standstill in its efforts to curb corruption, as human rights abuses and the erosion of democracy flourish, says... 

Ramaphosa releases SIU report, 2 803 irregular Covid-19 procurement contracts found  

By: Sashnee Moodley     25th January 2022 The Special Investigating Unit’s final report on its investigation into the procurement of goods and services by government during the Covid-19 pandemic is now public. President Cyril Ramaphosa authorised the release of the report on Tuesday. In 2020 he authorised the SIU to investigate... 

President Cyril Ramaphosa
President Cyril Ramaphosa

Business school gets new law school head

By: Darren Parker     24th January 2022 Global education institution Regenesys Business School announced on January 24 that it had appointed former deputy Public Protector Kevin Malunga as the new School of Law academic head, effective January 1.   

Nigerian VP calls for natural gas to be accepted as a transition fuel

By: Darren Parker     21st January 2022 Nigerian Vice President Yemi Osinbajo has called for natural gas – which Africa has in abundance – to be accepted by the rest of the globe as a transitional fuel. In his address to the Davos Agenda 2022 – hosted by the World Economic Forum – on January 21, Osinbajo reminded world leaders that,... 

A photo of Nigerian VP Yemi Osinbajo
Photo by Bloomberg
Nigerian VP Yemi Osinbajo

Treasury extends deadline for comment on new tax proposals

By: Darren Parker     21st January 2022 The National Treasury has provided deadline extensions for public comment on three discussion documents that were published on December 15. Owing to the comment period falling partially over the holiday period when many businesses were closed and, consequently, numerous requests for extension... 

Treasury gazettes renewable energy premium notice

By: Darren Parker     21st January 2022 Finance Minister Enoch Godongwana has published a notice regarding the renewable energy premium in the Government Gazette. The purpose of the notice is to facilitate Section 6(2) of the Carbon Tax Act, which makes provision for taxpayers conducting electricity generation activities to offset the... 

Firm launches new contract management services offering

By: Darren Parker     21st January 2022 Legal services firm NSDV has launched a new contract management services offering, which aims to save companies from unnecessary and avoidable legal fees, while improving project delivery and profitability. NSDV construction law specialist, director and cofounder Cameron Staude said in a... 

South African tourism scuppered by extreme licensing delays

By: Darren Parker     21st January 2022 The South African Tourism Services Association (Satsa) has sent a letter of demand to Transport Minister Fikile Mbalula calling for urgent action to resolve the “unlawful” delays in issuing National Public Transport Regulator (NPTR) licences, as it was hampering wheels businesses in the tourism... 

A photo of Satsa CEO David Frost
Satsa CEO David Frost

Busa asks Mbalula to review regulations preventing road transport of high-cube containers

By: Donna Slater     20th January 2022 Business Unity South Africa (Busa) is requesting Transport Minister Fikile Mbalula to urgently review applicable regulations that make it illegal to transport high-cube shipping containers on South African roads. High-cube containers are the same length (12.19 m) and width (2.44 m) as a standard... 

BLSA accepts Bain’s membership withdrawal

By: Donna Slater     19th January 2022 Business Leadership South Africa (BLSA) has accepted consulting firm Bain’s decision to withdraw from the organisation. BLSA has been criticised for recently re-accepting Bain to its membership after the firm's part in the so-called restructuring of the South African Revenue Service (Sars) to... 

Govt to appeal high court ruling that AARTO Act is unconstitutional – Mbalula  

By: News24Wire      18th January 2022 Transport Minister Fikile Mbalula has vowed to appeal the court ruling that dismissed the Administrative Adjudication of Road Traffic Offences Act as invalid and unconstitutional. Last week, the Gauteng High Court in Pretoria ruled in favour of OUTA, which challenged the constitutional validity... 

Transport Minister Fikile Mbalula
Transport Minister Fikile Mbalula

Govt departments urged to focus on integrated disaster risk reduction

By: Donna Slater     12th January 2022 Disaster risk reduction (DRR) should be a priority for government at all levels, but failures in adequately addressing major factors, such as the Covid-19 pandemic, climate change and growing economic hardship in South Africa, point to insufficient capacity and commitment to carry through on this... 

An image of a flooded road
A flooded road in South Africa

Rand facing Covid-19, political risks in 2022 – DG Capital

By: Donna Slater     11th January 2022 Although the rand ended 2021 “on the back foot” at R15.89/$, the Omicron variant of Covid-19 will remain a significant unknown in the financial market for 2022 as it is proving to be more transmissible but less severe than earlier variants, reports financial services solutions company DG Capital... 

Sakeliga investigates decay at 154 problem municipalities, considers further litigation

By: Tasneem Bulbulia     10th January 2022 Attorneys for independent business community Sakeliga have been instructed to prepare a request in terms of the Promotion of Access to Information Act (PAIA) to the Auditor-General to obtain specific management reports said to be submitted to the management teams of the various municipalities... 

Opinion: Shell prevented from proceeding with seismic survey offshore of South Africa’s Eastern Cape province

10th January 2022 In this opinion piece, law firm Herbert Smith Freehills partner and Africa co-chairperson Peter Leon, senior associate Ernst Muller and associate Mandy Hattingh write about the High Court's decision to grant local communities an urgent interim injunction prohibiting Shell from conducting any... 

Herbert Smith Freehills partner Peter Leon
Photo by Creamer Media
Herbert Smith Freehills partner Peter Leon

Pinsent Masons hires corporate crime, forensic investigations partner in South Africa

By: Tasneem Bulbulia     10th January 2022 Multinational law firm Pinsent Masons has hired partner Edward James to bolster its corporate crime and investigations capabilities in South Africa. Joining from South African-headquartered firm ENSafrica, James will work predominantly with the firm’s global energy and infrastructure sectors and... 

BLSA supports Zondo Commission’s National Charter against Corruption recommendation

By: Donna Slater     10th January 2022 Following the release of the first Zondo Commission report last week and recommendations for developing a National Charter against Corruption, Business Leadership South Africa (BLSA) CEO Busi Mavuso says such a move would be a “natural fit” to the BLSA’s Integrity Pledge, which commits every... 

Salba urges government to use ‘science and logic’ to handle Omicron

By: Donna Slater     14th December 2021 The South African Liquor Brandowners Association (Salba) has written to the National Coronavirus Command Council expressing concern about the rise in Covid-19 infections and calling on the government to apply a science-based approach and not rush to a “knee-jerk” response as it has in the past.... 

Godongwana calls for gasoline-price reforms

By: Bloomberg     12th December 2021 Finance Minister Enoch Godongwana called for changes to the way the fuel price is calculated, after the cost of gasoline rose to a record this month. Regulated fuel prices, which include a levy used to finance a fund to compensate those involved in road accidents and other taxes, have jumped 40%... 

Road rehabilitation project initiated

By: Cameron Mackay     10th December 2021 A Gauteng rehabilitation project that entails a 27 km section of road – from the D483 / P6-1 intersection, close to Bapsfontein, in Ekurhuleni, to the D483/D713 intersection, in Cullinan, in Tshwane – began last month. This comes after a construction contractor was appointed for the project last... 

Busa corrects Nxesi on mandatory vaccination declaratory order stance

By: Donna Slater     9th December 2021 Business Unity South Africa (Busa) disputes a December 7 claim by Employment and Labour Minister Thulas Nxesi that it has approach the Constitutional Court seeking a mandatory vaccination declaratory order. Nxesi claimed during the National Economic Development and Labour Council’s yearly summit... 

Sahpra approves Pfizer booster dose in S Africa to curb Omicron variant

By: Sane Dhlamini     9th December 2021 The South African Health Products Authority (Sahpra) has approved a third booster dose for South Africans following the outbreak of the Omicron Covid-19 variant. This follows concerns at early evidence suggesting that the Omicron has a higher re-infection risk. 

Image of Covid-19 vaccines
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