The Department of Trade and Industry has published a draft of the new Broad-Based Black Economic Empowerment Regulations for comment. To view the draft click here.
PAIA legislation gives life to the right to access information enshrined in section 32 of the Constitution of the Republic of South Africa, Act 108 of 1996. The purpose of this legislation is promote a culture of transparency, accountability and good governance both in the private and public sectors. Therefore, the Act places specific compliance requirements on both state institutions and private sector actors.
The South African Human Rights Commission provides training and general assistance on PAIA. For further information contact 011 877 3627, http://www.sahrc.org.za/home/
The purpose of the Consumer Protection act is to promote a fair, accessible and sustainable marketplace for consumer products and services and for that purpose to establish national norms and standards relating to consumer protection.
To view the Certified KZN Consumer Protection Bill 2010 click here.
To view the Draft King IV Report on Corporate Governance for South Africa 2016 click here. Send your comments to firstname.lastname@example.org
The King Report on Corporate Governance is a ground-breaking code of corporate governance in South Africa issued by the King Committee on Corporate Governance. Three reports were issued in 1994 (King I), 2002 (King II), and 2009 (King III).
Compliance with the King Reports is a requirement for companies listed on the Johannesburg Stock Exchange. The King Report on Corporate Governance has been cited as “the most effective summary of the best international practices in corporate governance.
At first glance, King 3 appears to be similar to the previous King 2 report. However, there are significant differences, many of them aspirational, which will have practical implications for boards, directors, management, assurance providers and stakeholders. To view the document provided by KPMG click here.
A Guide to Employers and Employees
Introductory Note: These are commonly, and inaccurately, referred to as garnishees.
What are they?
They are orders of court instructing employers to deduct a monthly/weekly amount from a debtor s pay and pay it over to a collecting agent.
What is the procedure to be followed prior to the issuing of an order?
The collecting agent (or creditor) has to make formal application to the court.
If consent to an order (ie a deduction by the employer) has been signed by the debtor, the order in the amount contained in the signed consent is issued by a clerk. There is no hearing.
If there is no such signed consent, the debtor is advised by delivery by the sheriff of a hearing conducted by a magistrate. This is the opportunity for the debtor to be heard so that the deduction required by the order may be set at a reasonable level. The magistrate provides a ruling and a clerk issues the order.
In both cases orders are then delivered to the employer by the sheriff.
Does the order cover the entire debt?
In practice this is not so. The mandatory deduction of a set amount in each month/week for the specified period will not cover the additional costs of recovery and interest. Strictly, therefore, the collecting agent should apply to the court for the order to be re-issued so that the additional amount may be recovered. This is not subject to a hearing and the re-issuing is done by a clerk on the basis of the amount provided by the collecting agent.
Is the employer entitled to any fee for assisting in the collection?
Yes. The employer is entitled to retain 5% of the amount deducted before the installment is paid to the collecting agent. (It is wrong to add 5% to the amount for the employer to retain because it will mean that the judgement debtor is paying the 5% and not the creditor as stipulated in the Act.)
Problem areas and how to deal with them
What you need to tell employees
A NOTE ABOUT MAINTENANCE ORDERS
In the case of Maintenance Orders, the payment is made to the court. Normally, these are dealt with by the sheriff only if hand delivery is necessary.
The 5% commission is not deductable by the employer in the case of Maintenance Orders.