TOPIC 1

Impact on recent legislation on

businesses

1. INTRODUCTION
The government gas enacted several laws in response to demands for redress and
quity in small and large businesses. This chapter deals with the following laws:

 Skills Develepment Act, 1998 (Act 97 van 1998) (SDA)

 Labour Relations Act, 1995 (Act 66 van 1995) (LRA)
 Employment Equity Act, 1998 (Act 55 van 1998) (EEA)
 Basic Conditions of Employment Act, (Act 75 van 1997) (BCEA)
 Compensation for Occupational Injuries & Diseases Act, 1997 (Act 61 van 1997)
(COIDA)
 Broad Based Black Economic Employment Act, 2003, (Act 53 van 2003),
(Gewysig in 2013) (BBBEE)
 National Ccredit Act, 2005 (Act 34 of 2005) (NCA)
 Consumer Protection Act, 2008 (Act 68 van 2008) (CPA)

The above laws regulate and protect the rights of consumers and businesses.
Effective implementation of the above laws will ensure a fair and orderly labor and
factor market.

2. KEY CONCEPTS

Term Definition
Skills The main aim of this Act is to improve the skill levels of people who are
Development already employed in the business.
Act/SDA
Skills It was introduced to ensure that businesses contribute to the
Development development of skills of employees.
Levy/SDL
PDI’s Previously Disadvantaged Individuals or designated group.

SETA’s were established in order to implement and monitor the

SETA’s implementation of the Skills Development Act.

Labour Relations This Act was introduced to promote simple procedures for the resolution
Act/LRA of labour disputes in the workplace.
Negotiations between employers’ association and trade unions on
Collective matters such as wages/conditions of employment.
bargaining
Collective Agreement between the employer organisations and trade unions.
agreement
Dispute A disagreement between the employer and the employee

Bargain councils It is formed by registered trade unions and employer organisations in

order to prevent/resolve labour disputes.

Employment The main aim of this Act is to ensure that equal job opportunities are
Equity Act/EEA given to all people regardless of
race/culture/language/age/religion/disability etc.
Affirmative Action It was designed to ensure that suitable and qualified previously
disadvantaged individuals are given equal job opportunities.
Affirmative action forms part of the Employment Equity Act.

Basic This Act sets the minimum standard for employment in order to
Conditions of promote fair labour practice.
Employment
Act/BCEA
Compensation The Act gives employees who are injured or contract diseases while
for on duty the right to claim compensation.
Occupational
Injuries and
Diseases
Act/COIDA
Broad-Based The Act was introduced in order to ensure full economic participation
Black Economic of previously disadvantaged individuals.
Empowerment
Act/BBBEE
National Credit This Act was introduced to protect consumers against unfair and
Act reckless credit granting by businesses.

Credit providers All businesses that offer goods and services on credit

National credit The NCR is responsible for the regulation of the South African credit
Regulator/NCR industry. This means that all businesses that offer good and services
on credit must be registered with the NCR.

Debt review/ This is a debt solution targeted at South African consumers who are
Debt over indebted and struggling to manage their finances.
counselling

Consumer The main aim of this Act is to promote/protect the economic interests
Protection Act of consumers by providing them information so that they make
informed choices.

Compliance Acting according to a set of rules

Penalties Punishment for doing something that is against a law.

Discriminatory Treating a person/people differently, from the way in which you treat
actions other people.
3. ACTS

ACT 1: SKILLS DEVELOPMENT ACT (SDA)

PURPOSE OF THE ACT

 Develops the skills of people in South Africa in order to improve productivity.

 Invests in education and training of workers.

 Improves the chances of getting a job for previously disadvantaged people

 Encourages workers to participate in learning programmes.

 Redresses imbalances of the past through education and training

 Encourages businesses to improve the skills of their workers.

IMPACT OF THE ACT ON BUSINESSES Impact means advantages

and disadvantages (NB!!!!!)

ADVANTAGES

 Increases the number of skilled employees in areas where these skills are scarce.

 Trains employees to improve productivity in the workplace.

 Business could become globally more competitive.

 Promotes self-employment and black entrepreneurship

 Increases the return on investment in education and training.

 Encourages on-going skills development and learning to sustain the improvement

of skills development.

 Improves employment opportunities and labour movement of workers from

previously disadvantaged groups.

 Workplace discrimination can be addressed through training.

 Workplace is used as an active learning environment where employees can gain

practical job experience

 BBBEE-compliant businesses can improve their products/service delivery as they

employ more skilled workers.

DISADVANTAGES

 Increases cost as the process requires a large amount of paper work.

 Implementation of the SDA can be difficult to monitor and control

 Skills programmes may not always address training needs of employees

 Skills Development Levy could be an extra burden to financially struggling

businesses.

 It may be monitored and controlled by government departments that do not have

education and training as their key priorities.

 The SETAs may not be well organised and many courses offered by companies
may not have unit standards that relate to the course content.

 Many service providers that offer training services are not SAQA accredited.

 Many businesses may not support this government initiative.

 Implementation of the SDA can be difficult to monitor and control.

 Employees are expected to attend learnerships during work hours which could
affect the production process/productivity.

 Costly for businesses to employ a person to implement, manage and control

learnerships.

 The time and money spent on improving employee skills is wasted if they leave
the business.

WAYS IN WHICH BUSINESSES CAN COMPLY WITH THE SDA

 Employers who collect PAYE should register with SETAs.

 One percent of an employer's payroll has to be paid over to the SETA.

 Businesses should register with SARS in the area in which their business is
classified (in terms of the SETA).

 Employers should submit a workplace skills plan and provide evidence that it
was implemented.

 Businesses with more than 50 employees must appoint a skills development

facilitator.

 Assess the skills of employees to determine areas in which skills development

are needed.

 Encourage employees to participate in learnerships and other training

programmes.

 Provide all employees with the opportunity to improve their skills.

 Businesses should register with the relevant SETAs.

DISCRIMINATORY ACTIONS ACCORDING TO THE SDA

 Preventing employees from signing for a learnership due to their age or position
in the workplace.

 Unfair promotion of skills and development/training to certain employees.

 Providing employment services for gain without being registered as an employer.

 Furnishing false information in any prescribed document.

PENALTIES FOR NON-COMPLIANCE

 Businesses that do not pay the Skills Development Levy may not offer
learnerships/claim grants from the SDA.

 A labour inspector could order the business to stop operating should the
business be found guilty of illegal practices.
SETA – SECTOR EDUCATION AND TRAINING AUTHORITY

ROLE/FUNCTIONS OF SETAS

 Develop skills plans in line with the National Skills Development Strategy

 Draw up skills development plans for their specific economic sectors.

 Approve workplace skills plans and annual training reports.

 Allocate grants to employers, education and training providers.

 Monitor/Evaluate the actual training by service providers.

 Promote and establishes learnerships.

 Register learnership agreements/learning programmes.

 Provide training material/programmes for skills development facilitators.

 Provide accreditation for skills development facilitators.

 Oversee training in different sectors of the South African economy.

 Collect levies and pays out grants as required.

 Report to the Director General.

 Pay out grants to companies that are complying with the requirements of the Skills
Development Act.

 Promote learnerships and learning programmes by identifying suitable workplaces

for practical work experience.

FUNDING OF SETAS

 Skills Development levies paid by employers e.g. 80% is distributed to the

different SETA and 20% is paid into the National Skills Fund.

 Donations and grants from the public

 Surplus funds from government institutions

 Funds received from rendering their services.

NATIONAL SKILLS DEVELOPMENT STRATEGY AND THE HUMAN RESOURCE
DEVELOPMENT STRATEGY

National Skills Development Human Resources Development

Strategy Strategy
- Encourages good quality training in - Addresses skills shortages in the
the workplace to ensure on-going South African workforce.
development of skills.

- Provides for the participation of - Aims at achieving faster economic

government, organised business and growth/higher employment levels and
labour. reduced levels of poverty.

- Improves social development - Promotes social development/social

justice and helps to alleviate
through economic development.
poverty.

- Indicates how Sector Education and - Develops short term and long term
Training Authorities (SETAs) should workforce skills.
use the money allocated from the
Skills Development Levy.

- Increases/Improves access to training - Improves the supply of skills.

programmes.

- Builds/Provides career/vocational - Increases employee participation in

lifelong learning.
guidance/training centres.
 ACT 2: LABOUR RELATIONS ACT (LRA)

PURPOSE OF THE ACT

 Provides a framework/structure for labour relations between employers and

employees.

 Promotes collective bargaining at the workplace.

 Establishes Labour Courts and Labour Appeal Courts

 Promotes simple procedures for the registration of trade unions and employer
organisations.

 Provides for the right to lock-out by the employer as a reaction to lengthy strikes.

 Promotes workplace forums to accommodate employees in decision making.

 Promotes fair labour practice between the employers and employees.

 Clarifies the transfer of employment contracts between the existing and new
employers.

 Advances economic development/social justice/labour peace to ensure that the

workplace maintains the basic rights of employees.

 Establishes the Commission for Conciliation, Mediation and Arbitration (CCMA)

for dispute resolutions.

 Establishes Labour Courts and Labour Appeal Courts.

IMPACT OF THE ACT ON BUSINESSES Impact means advantages

and disadvantages (NB!!!!!)

ADVANTAGES

 Protects the rights of businesses in labour related issues

 Labour disputes are settled quicker and are less expensive.

 Prevents unfair discrimination in the workplace as it promotes equal

opportunities for all employees.

 Protect employers who embark on lawful lock-outs when negotiations between

parties fail.

 LRA provides for the principles of collective bargaining and puts structures in
place with which disputes in the workplace can be settled.

 Promotes a healthy relationship between the employer and employees

 Provides specific guidelines for employers on correct and fair disciplinary
procedures.

 Employers and employees have guidelines regarding correct and fair dismissal
procedures.

 Provides mechanisms such as statutory councils/collective bargaining/ CCMA.

 Labour disputes are settled quicker and are less expensive.

 Provides protection for employers who embark on lawful lock-outs.

 Employers are entitled to compensation from the Labour Court if they suffered
damages as a result of unprotected strikes.

 Workplace forums can add value to businesses if it functions properly.

DISADVANTAGES

 Productivity may decrease if employees are allowed to participate in the

activities of trade unions during work time.

 Costs of labour increases because of legal strikes

 Reduced global competitiveness due to lower productivity

 Employers may have to disclose information about workplace issues to union

representatives that could be the core of their competitive advantage.

 Employers may not dismiss employees at will, as procedures have to be

followed.

 Some businesses may feel that the LRA gives employees too much power as it
creates lengthy procedures, e.g. consulting with workplace forums.

 Employers may not get a court interdict to stop a strike.

 Strike actions always result in loss of production for which employers may not
claim.

 Some trade unions may not promote the mandate of their members but embark
on industrial action, which is harmful to labour relations between employers and
employees.

 Many employees and employers do not understand/respect the Labour Relations

Act.

 Labour disputes and bargaining council processes become disruptive/ time

consuming and can lead to a decrease in productivity in businesses.

 Many employees take advantage of the right to strike without acknowledging

their responsibilities.
WAYS IN WHICH BUSINESSES CAN COMPLY WITH THE LRA

 Businesses must allow employees to form trade unions/participate in union

activities/legal strikes.

 Allow/Support the establishment of workplace forums.

 Employees should not be unfairly/illegally dismissed

 Employers should not breach/ignore any collective agreement

 Disclose all relevant information required by trade union representatives to do

their jobs effectively.

DISCRIMINATORY ACTIONS ACCORDING TO THE LRA

 Unfair/Illegal dismissal of employees.

 Cancellation of employees' contracts by a new employer when a business is sold

 Refusing the establishment of workplace forums.

 Refusing to give workplace forum members paid time off for attending meetings
during working hours.

 Forcing employees to give up trade union membership.

 Preventing employees from joining trade unions.

 Refusing leave to trade union representatives to attend trade union activities.

 Not allowing employees to take part in legal strikes

 Breaching of collective agreements/resolution mechanisms by either

employer/employee.

PENALTIES FOR NON-COMPLIANCE WITH THE LRA

 The employer may be forced to enter into a dispute resolution process.

 Businesses will be fined if they fail to comply with the agreements reached
during the dispute resolution process.

 Businesses that fail to comply with this Act may risk financial costs e.g.
legal/CCMA fees and fines.
THE RIGHTS OF EMPLOYERS AND EMPLOYEES ACCORDING TO LRA

RIGHTS OF EMPLOYERS

 Employers have the right to lockout employees who engage in unprotected/illegal

strike/labour action.

 Form employer organisations.

 Form a bargaining council for collective bargaining purposes.

 Dismiss employees who are engaged in an unprotected strike/misconduct such as

intimidation/violence during a strike action.

 Right not to pay an employee who has taken part in a protected strike for
services/work they did not do during the strike.

RIGHTS OF EMPLOYEES

 Employees may join a trade union of their choice.

 Request trade union representatives to assist/represent employees in the

grievance/disciplinary hearing.

 Trade union representatives may take reasonable time off work with pay, to attend
to trade union duties.

 Embark on legal strikes as a remedy for grievances.

 Refer unresolved workplace disputes to the CCMA.

 Refer unresolved CCMA disputes to the Labour Court on appeal.

 ACT 3: EMPLOYMENT EQUITY ACT (EEA)

PURPOSE OF THE ACT

 This Act states that employees who do the same work (work of equal value) must
be paid equally (equal pay).

 No discrimination on grounds of gender in the workplace.

 Promotes equal opportunity and fair treatment in the workplace.

 Provides for employees to refer unresolved disputes to the CCMA.

 Protects employees from victimisation if they exercise the rights given to them by
the EEA.

IMPACT OF THE ACT ON BUSINESSES Impact means advantages

and disadvantages (NB!!!!!)

ADVANTAGES

 Promotes equal opportunity and fair treatment in the workplace

 Promotes the implementation of affirmative action measures to redress the

imbalances in employment.

 Encourages diversity in business by employing people from various racial

backgrounds.

 Encourages consultation between employer and employees.

 Prevents unfair discrimination as it ensures that the workforce represents the

demographics of the country

 Provides all employees with an equal opportunity to be selected/appointed/

promoted in a position.

 Provides employees with legal recourse if they believe they have been unfairly
discriminated against.

 Motivates employees because the workforce is more

diverse/representative/inclusive

 Businesses are in a better position to negotiate contracts with the

government/Impacts positively of BEE ratings of businesses

 Certified psychometric tests may be used to assess applicants/employees to

ensure that suitable.
DISADVANTAGES

 Increased administration burden, as businesses must compile/submit employment

equity reports every two years.

 Expensive to train/employ someone who knows little about the Act.

 Fines/Penalties for non-compliant businesses may be expensive for the business.

 Employers have to appoint one or more senior managers to ensure the

implementation of the plan, which increases salary expenditure

 Businesses must submit a compliance certificate before they can conduct

business with state businesses

 Businesses are sometimes pressurised to appoint an unsuitable EE person to

meet EE requirements

 Often positions go unfilled because there are no suitable EE candidates

WAYS IN WHICH BUSINESSES CAN COMPLY WITH THE EEA

 Businesses must guard against discriminatory appointments.

 Promote equal opportunities and fair treatment

 Reasonable accommodation of people from designated groups

 Ensure that there is equal representation of all racial groups in every level of
employment.

 Submit the employment equity plan to the Department of Labour

 Retain designated groups, including skills development of such groups.

 Assess the racial composition of all employees, including senior management.

 Clearly define the appointment process, so that all parties are well informed.

 Use certified psychometric tests to assess applicants/employees to ensure that

suitable candidates are appointed.

 Ensure that diversity/inclusivity in the workplace is achieved.

 Implement affirmative action measures to redress disadvantages experienced by

designated groups.

 Prepare an employment equity plan in consultation with employees.

 Implement an employment equity plan.

 Assign one or more senior managers to ensure implementation and monitoring of

the employment equity plan.
 Eliminate barriers that have an adverse impact on designated groups.

 Retain/Develop/Train designated groups, including skills development.

 Regularly report to the Department of Labour on progress in implementing the

plan.

DISCRIMINATORY ACTIONS ACCORDING TO THE EEA

 Not employing a young woman because she would want to have children in
future.

 Refusing to employ a person because he/she has strong religious beliefs/has a

disability

 Doing HIV testing unless justified by the Labour Court.

 Denying people access to the workforce based on gender/race/culture/etc. and

treating them unfairly.

PENALTIES FOR NON-COMPLIANCE WITH THE EEA

 Businesses may be taken to the Labour Court for prosecution.

 Fines may be imposed on businesses that fail to comply with its reporting
obligations.

 The Department of Labour may block non-compliant companies from doing

business with the government.
 ACT 4: BASIC CONDITIONS OF EMPLOYMENT ACT
(BCEA)

PURPOSE OF THE ACT

 Provides clear terms and conditions of employment for employers and

employees.

 Set minimum requirements/standards for the employment contract.

 Regulates the right to fair labour practices as set out in the Constitution.

 Adheres to the rules and regulations set out by the International Labour
Organisation.

 Regulates the variations of basic conditions of employment.

 Advance economic development and social justice.

IMPACT OF THE ACT ON BUSINESSES Impact means advantages

and disadvantages (NB!!!!!)

ADVANTAGES

 Creates a framework of acceptable employment practices e.g., work hours,

leave, etc.

 Promotes fair treatment of employees in business.

 Encourages consultation between employers and employees.

 Outlines minimum requirements that form the basis of employment contracts.

 Work hours are specified so that the employer cannot exploit employees.

 The rules and regulations are very specific, which clearly guides the employer on
how to deal with employment issues.

 Employees are permitted to consult labour unions in cases where the BCEA
conditions are violated.

 Employees may submit complaints to labour inspectors who can address it.

DISADVANTAGES

 Developing/Drafting a formal/legal employment contract may be time-

consuming/costly.

 Businesses may regard employment contracts negative and may not implement
it, which result in non-compliance/penalties.
 No employer may force an employee to work more than 45 hours in a week. This
may result in reduced productivity.
 Hiring cheap labour is no longer possible, so businesses cannot exploit workers.

 BCEA forces businesses to comply with many legal requirements, which may
increase labour costs.

 Businesses not complying to the Act, may be charged with high penalties, which
may affect their cash flow negatively.

 Businesses may consider the provisions of the BCEA as unimportant and an

unnecessary administrative burden that increase operating costs.

WAYS IN WHICH BUSINESSES CAN COMPLY WITH THE BCEA

 Workers should only work 9 hours per day in a 5 day work week./8 hours per day
in a 6 day work week./Overtime should not exceed 10 hours per week.

 They must have a break of 60 minutes after five hours of work

 Workers can take up to six weeks paid sick leave during a 36-month cycle

 Businesses should not employ children under the age of 16.

 Workers must receive double if they work during public holidays/Sunday

DISCRIMINATORY ACTIONS ACCORDING TO THE BCEA

 Forbidding workers to discuss wages/salaries with co-workers.

 Preventing workers from having access to employment contracts.

 Refusing to accept a valid medical certificate of a sick worker.

 Refusing to grant a worker family responsibility leave to support a sick family

member

PENALTIES BUSINESSES MAY FACE FOR NOT COMPLYING WITH THE BCEA

 Labour inspectors may serve a compliance order by writing to the Department of

Labour

 The Director General may agree/change/cancel the compliance order.

 Labour inspectors may investigate/inspect/ask questions about complaints and

remove records as evidence.

 Businesses may be taken to the labour court for a ruling.

 Businesses that are found guilty of non-compliance may face heavy fines/
penalties.

 They can be ordered to pay compensation and damages to the employee.

PROVISIONS OF THE BCEA

Hours of work/Work hours

 Workers may not work for more than 45 hours in any week.
 Workers may work nine hours a day if they work five days or less per week/eight
hours a day√ if they work more than five days a week.
 Night work performed after 18:00 and before 6:00 the next day by agreement,
must be compensated by allowance/reduction of work hours.
 Ordinary work hours may be extended by agreement√ by a maximum of 15
minutes per day/maximum of sixty minutes per week to complete duties when
serving the public.
 Ordinary work hours may be reduced√ to a maximum of 40 hours per week/8
hours per day.

Overtime
 Workers must agree to work overtime.
 Workers cannot work more than three hours overtime per day/10 hours per
week.
 Overtime must be compensated as follows:
 One and half times the normal rate of pay for overtime worked on week days and
Saturdays.
 Double the normal rate of pay for overtime worked on Sundays and public
holidays.
 Overtime must be paid either at specified rate for overtime or an employee may
agree to receive paid time off.
 Minister of Labour may prescribe the maximum permitted working hours,
including overtime, for health and safety reasons for a certain category of work.

Leave - Types of leaves

Annual leave
 Workers are entitled to:
 21 consecutive days annual leave per year/One day for every 17 days
worked√/One hour for every 17 hours worked.
 An employer can only pay a worker in lieu of leave if that worker leaves the job.

Sick leave
 Workers are entitled to:
 Six weeks paid sick leave in a period of 36 months/1 day paid sick leave for
every 26 days worked during the first six months of employment.
 A medical certificate may be required before paying an employee who is absent
for more than two consecutive days/who is frequently absent.

Maternity leave
 A pregnant employee is entitled to four consecutive months' leave.
 A pregnant employee may not be allowed to perform work that is hazardous to
her unborn child.
 The starting date is usually any time from four weeks before the expected date of
birth or on advice of a doctor/midwife.

Family responsibility leave

 Three to five (3 to 5) days paid leave per year on request in the event of the
death of the employee's spouse/life partner/parent/ adoptive parent/
grandparent/child/adoptive child/grandchild/sibling.
 An employer may require reasonable proof, before granting this leave.
 Male employees are entitled to a maximum of three/five day’s paternity leave
when his child is born.

Meal breaks and rest periods

 Workers must have a meal break of 60 minute after five continuous hours of
work.
 This can be reduced to 30 minutes by written agreement, when working less
than 6 hours per day.
 A worker must have a daily rest period of 12 continuous hours/a weekly rest
period of 36 continuous hours which must include Sundays.

Public holidays
 Workers must be paid for any public holidays that fall on a working day.
 Work on public holidays is by agreement and paid at double the rate.

Termination of employment
 A contract of employment may only be terminated following one week’s notice, if
the worker has been employed for six months or less.
 A minimum of four weeks’ notice must be given, if the worker has been
employed for a year or longer.
 The employee must be given notice in writing.
 An employee who is retrenched/ dismissed for restructuring reasons is entitled to
one week’s severance pay for every year of service.

Child and forced labour

 It is illegal to employ a child younger than 15 years of age.
 It is also illegal to force someone to work.
 Businesses may employ children over the age of 15 years, if employment is not
harmful to their health/well-being/education/moral and social development/
minors under 18 years of age may not do dangerous work/work meant for an
adult.
ACT 5: COMPENSATION FOR OCCUPATIONAL INJURIES &
DISEASES ACT (COIDA)

PURPOSE OF THE ACT

 Provides a comprehensive protection to employees who injured in the course of

performing their duties.

 COIDA applies to all casual and full-time workers who become ill/injured/
disabled/killed due to a workplace accident/disease

 It excludes workers who are guilty of wilful misconduct/workers working outside

South Africa for at least twelve months/members of the SA Defence Force/Police
services.

 It provides for the establishment of a Compensation Board whose function is to

advise the Minister of Labour on the application/provisions of COIDA.

IMPACT OF THE ACT ON BUSINESSES Impact means advantages

and disadvantages (NB!!!!!)

ADVANTAGES

 Promotes safety in the workplace.

 Creates a framework for acceptable employment practices and safety regulations.

 Supply administrative guidelines/mechanisms for dealing with/processing claims.

 Eliminates time and costs spent on lengthy civil court proceedings.

 Employers are protected from financial burden should an accident occur in the
workplace provided that the employer was not negligent

 Claiming processes are relatively simple.

 Makes businesses more socially responsible as they cannot just employ workers
at random in dangerous working conditions.

 Workers are treated with dignity and respect as businesses view them as
valuable assets and not just as workers.

 Covers all employees at the workplace if both parties meet all the necessary
safety provisions in the Act.

 Employees do not contribute towards this fund.

 Employees are compensated financially for any injury/disability resulting from

performing their duties at their workplace.

 In the event of the death of an employee as a result of a work-related accident/

disease, his/her dependent(s) will receive financial support.
 Employees receive medical assistance provided there is no other medical
assistance option./Cannot claim medical assistance from the fund and medical
aid.

 Any compensation to an employee/the family is exempt from income tax.

 Medical expenses/Other types of compensation are paid to employees and/or

their families depending on the type/severity of the injuries.

 Employers have to pay a monthly amount to the Compensation Fund depending

on the number of employees/the level of risk they are exposed to.

DISADVANTAGES

 Claiming processes can be time consuming.

 Procedures required by this Act may be costly as paperwork places an extra

administrative burden on businesses.

 Implementation processes/procedures required by the Act may be expensive.

 Employers have to register all their workers/make annual contributions to COIDA,

which may result in cash flow problems.

 Employers may be forced to pay heavy penalties if they are found guilty of
negligence/not enforcing safety measures.

 Workers who are temporarily/permanently employed in foreign countries are not

covered.

 Domestic/Military workers are not covered.

WAYS IN WHICH BUSINESSES CAN COMPLY WITH THE COIDA

 Businesses should provide a healthy/safe working environment.

 Register with the Compensation Commissioner and provide the particulars of the
business.

 Keep records of employees' income and details of work for four years.

 Report all incidents causing death/injury/illness of employees.

 Submit returns of earnings by no later than 1 March annually.

 Levies must be paid to the Compensation Fund.

 Ensure that the premises/equipment/machinery is in good working condition.

 Allow regular assessment of the workplace by inspectors in order to determine the

level of risk their employees are exposed to.

 Employers may not make deductions for COIDA from employees' remuneration
packages.
 Businesses must ensure that claims are lodged within twelve months of the date
of the accident.

DISCRIMINATORY ACTIONS ACCORDING TO COIDA

 Employers who bribe/prevent employees from reporting the accident/injury.

 Providing false information about previous, serious accidents/occupational

diseases.

 Employers who do not contribute to the Compensation fund.

 Employers who do not allow claims for injuries, discriminates against injured
employees.

 Employers that take too long to process claims/delay the claiming process.

 Compensation that is set off against any debt of the person entitled to the
compensation.

PENALTIES FOR NON-COMPLIANCE WITH COIDA

 Businesses can be fined for refusing to lodge the claim/contravening the Act.

 Businesses can be forced to make large payments if it did not take the necessary
precautions according to the Act.

 They may be forced to pay any recovery costs required by the Compensation
Fund.

 Employees may take BI to court for not registering him/her with the Commissioner
of the Compensation Fund.

 If businesses are found guilty of any misconduct, they will have to pay large
penalties/face imprisonment.
 ACT 6: Broad Based Black Economic Employment Act
(BBBEE)

PURPOSE OF THE ACT

 Enable wealth to be spread more broadly across all population groups.

 Outline areas that would give the government a platform for bringing equitable
spread of wealth.

 Allows for the development of Codes of Good Practice.

 It aims at targeting inequality in the South African economy.

IMPACT OF THE ACT ON BUSINESSES Impact means advantages

and disadvantages (NB!!!!!)

ADVANTAGES

 Encourages businesses to address the demands for redress/equity directly.

 Provides a variety of business codes to improve employment equity.

 A good BEE rating improves the image of the business.

 Promotes enterprise development, by developing entrepreneurial skills of

designated people to start their own businesses.

 Promotes enterprise development, by developing entrepreneurial skills of PDI’s.

 Businesses that comply with BBBEE regarding the pillars will be rated high on
the BEE scorecard/may get government tenders/may attract other BBBEE
business partners/-suppliers.

 Encourages businesses to address the demands for redress/ equity directly.

 Provides for human resources development through training and development.

 Businesses will have a good overview on how it is performing in comparison to

other businesses in the rest of the country.

 By focusing on BBBEE, the business will show commitment towards the

social/education/economic developments in the community/country.

 Once rated, the business will understand how to develop BBBEE strategies that
will increase its BBBEE ratings on an annual basis.

 Fronting is discouraged, as it may lead to the disqualification of a business's

entire scorecard/BBBEE status.
 Share prices of BBBEE compliant businesses are likely to increase as they
attract more business.
 Businesses that support Small, Micro, Medium Enterprises (SMMEs), may
increase their own BBBEE ratings

 Complying with BBBEE requirements gives businesses experience/exposure to

be able to provide better employment opportunities/staff development.

DISADVANTAGES

 Businesses that want to do business with the government must have their BEE
status assessed annually.

 Processes may lead to corruption/nepotism if not monitored properly.

 Investment/Ownership issues can cause unhappiness amongst existing share-

holders/owners.

 Businesses have to go through the process of having their BBBEE compliance

measured/verified by an independent BEE verification agency.

 Provides for preferential procurement, so certain businesses may be excluded

from supplying goods/services.

 Many businesses have been disadvantaged due to BBBEE ratings as they may
not be able to meet all the scoring.

 Processes and procedures may be costly for a business as there are many legal
requirements for scoring enough points to be compliant.

 Businesses could experience large financial implications/penalties if they do not

comply with BBBEE.

 Businesses will have to spend money in areas covered by the seven/five BBBEE
pillars to obtain a good BBBEE rating.

 Investment/Ownership issues can cause unhappiness between existing

shareholders.

WAYS IN WHICH BUSINESSES CAN COMPLY WITH THE BBBEE

 Businesses must appoint black people in managerial positions

 Businesses must sell shares to black employees/people.

 Send black people for skill development training.

 Outsource their services to BEE compliant suppliers.

 Implement affirmative action when making appointments.

 Develop small business /SMME’s through ESD.

 Improve the standard of living of the communities in which they operate.

DISCRIMINATORY ACTIONS ACCORDING TO THE BBBEE

 Failing to implement affirmative action to meet BBBEE responsibilities.

 Promoting unsuitable people into a management position at the expense of

qualified PDP’s.

 Refusing to award tenders to black suppliers who are BEE compliant.

PENALTIES FOR NON-COMPLIANCE WITH THE BBBEE

 Businesses may face imprisonment for non-compliance and fronting practices.

 The penalty could be a fine of up to 10% of the company’s annual turnover.

 A business can be banned from participating in government contracts for a

period of 10 years.

 Business licenses may not be renewed ]and authorisations may not be issued

 Government will cancel any contract awarded that was based on false
information regarding B-BBEE status.

 Businesses that fail to achieve at least a minimum 40% of compliance with

ownership, skills development and new enterprise and supplier development will
be automatically downgraded the by one level

BBBEE PILLARS
OLD PILLARS REVISED PILLARS

Management Management control

Employment Equity
Skills development Skills development
Ownership Ownership
Preferential Enterprise and supplier
procurement/Supplier development (ESD)
development
Enterprise development
Social responsibility Socio-economic
development/social
responsibility

 Only two pillars have been revised e.g. employment

equity and supplier development.
 Employment Equity is under management and control
 Supplier development and enterprise development have been merged. They
are now called Enterprise and supplier development (ESD).
IMPLICATIONS OF BBBEE PILLARS ON BUSINESSES

Management/Management Control
 Business must ensure that transformation is implemented at all levels.
 Appoint black people in senior executive positions/to management.
 Involve black people in the decision making processes.
 Ensure that black females are represented in management.
 Businesses score points in both management and ownership when selling
more than 25 % of their shares to black investors so that some of them can
become directors.
 Due to a shortage of skilled black managers/directors, some businesses find it
difficult to make appointments.
 Businesses are directly penalised√ for not implementing this pillar.

Ownership
 Business should include black people in shareholding/partnerships/franchises.
 Exempted Micro Enterprises (EMEs) with an ownership of 50% or more of
black people are promoted to level 3 of the BEE scorecard.
 More opportunities are created for black people to become owners/
entrepreneurs.
 Encourage small black investors to invest in big companies and share
ownership.
 Large businesses should form joint ventures with small black owned
businesses and share business risks.
 Businesses sometimes find it difficult to locate suitable black business
partners/ shareholders.
 Many black people cannot afford shares in companies/contributions to
partnerships.

Enterprise and supplier development (ESD)

OPTION 1

 Business must create jobs as ESD promotes local manufacturing.

 Businesses are encouraged to invest/support black owned SMMEs.
 Contribution can be monetary, e.g. loans/investments/donations.
 Contribution can be non-monetary, e.g. consulting
services/advice/entrepreneurial programmes, etc.
 Outsource services to suppliers that are BBBEE compliant.
 Identify black owned suppliers that are able to supply goods and services.
 Develop the business skills of small/black owned suppliers, e.g. sales
techniques, legal advice, etc.
 Support the cash flow of small suppliers by offering them preferential terms of
payment.
 Businesses should invest in/support black owned SMMEs.
 SMMEs will be encouraged to use their own business initiatives to make them
 sustainable.
 Develop and implement a supplier development plan/supply chain.
 Small/Large businesses may not be able to afford enterprise development
 investment/support.
 Black owned SMMEs may become too reliant on support from other
businesses/
 unable to take their own initiatives.
 BBBEE suppliers may be without good workmanship.
  Smaller businesses that are not BBBEE compliant lose business.
 Businesses are forced to choose from a smaller pool of suppliers.

OR

OPTION 2

Supplier development/Preferential procurement

 Identify black owned suppliers that are able to supply goods and services.
 Develop business skills of small/black owned suppliers, e.g. sales techniques,
 legal advice, etc.
 Support the cash flow of small suppliers by offering them preferential terms of
 payment.
 Develop and implement a supplier development plan/supply chain.
 BBBEE suppliers may be without good workmanship.
 Smaller businesses that are not BBBEE compliant lose business.
 Businesses are forced to choose from a smaller pool of suppliers.

AND/OR

Enterprise development
 Businesses are encouraged to invest/support black owned SMME's.
 Contribution can be monetary e.g. loans/investments/donations.
 Contribution can be non-monetary e.g. consulting services/advice/
 entrepreneurial programmes, etc.
 Businesses should invest in/support black owned SMME's.
 SMME's will be encouraged to use their own business initiatives to make them
 sustainable.
 Small/Large businesses may not be able to afford enterprise development
investment/support.
 Black owned SMME's may become too reliant on support from other
businesses/ unable to take their own initiatives.

Employment Equity
 Business should employ suitable and qualified employees regardless of
 gender/race/culture/etc.
 Workplace should represent the demographics of the country.
 Voluntary employment equity targets are set and then monitored by the
government.
 Creates a brain drain e.g. qualified expertise emigrate to other countries
where there
 will be no discrimination.
 Businesses must have Employment Equity Plan in place
 May lead to conflict between management and employees/colleagues.

Skills development.
 Business must engage black employees in skills development initiatives.
 Provide learnerships and learning programmes to black employees.
 Business must contribute 1% of their payroll to fund the skills development
 programmes.
 Business benefits from the increased pool of skilled/trained workers.
 Business must go the extra mile to train staff where learnerships are not
offered.
 Productivity is compromised as mentors/coaches have to find the time to
participate in learnerships/training.
 Social responsibility/Socio-economic development
 Businesses should CSI focus on critical areas which can affect growth and
development in the country e.g. environmental awareness/education/ housing,
poverty/unemployment etc.
 They should distribute scarce CSI resources to selected beneficiaries in the
community.

DISTINCTION BETWEEN BEE AND BBBEE

BLACK ECONOMIC EMPOWERMENT BROAD BASED BLACK ECONOMIC

(BEE) EMPOWERMENT (BBBEE)

- It is a government policy√ which may not be - It is an Act√ that is enforced/must be complied

enforced.√ with by businesses.√

- Benefits only a few previously - Encourages a wider group of previously

disadvantaged people√ in the economy.√ disadvantaged people/black women/people
who are physically challenged/youth/people in
rural areas√ to participate in the economy.√

- Few previously disadvantaged individuals - Aims at distributing the country's wealth√

share in the wealth√ of the economy.√ across a broader spectrum of society.√

- Focuses only on three pillars√ that did not - Focuses on seven/five pillars√ which includes
include all previously disadvantaged all sectors of the society, especially the
people.√ previously disadvantaged.√

- Any other relevant answer related to BEE. - Any other relevant answer related to BBBEE.
 ACT 7: NATIONAL CREDIT ACT (NCA)

PURPOSE OF THE ACT

 Promotes the social and financial interest of consumers.

 Promote a fair but competitive credit market.

 Ensure that consumers know what is included in their credit contracts.

 Prevent discrimination and ensure credit is available to all consumers.

 Makes provision for the establishment of the NCR.

 Ensure registrations of credit bureau and debt counselling services.

IMPACT OF THE ACT ON BUSINESSES Impact means advantages

and disadvantages (NB!!!!!)

ADVANTAGES

 The whole credit process is transparent e.g. both businesses and customers
know their responsibilities

 Lower bad debts resulting in better cash flow.

 Increases cash sales as credit can only be granted to qualifying customers

 Authorised credit providers may attract more customers.

 Protects businesses against non-paying consumers.

 Stamps out reckless lending and prevents businesses from bankruptcy.

 Businesses do thorough credit checks and receive up-to-date documentation

from the consumer as proof that they can afford the repayment.

 Leads to more customers through credit sales as they are now protected from
abuse.

 Credit bureau information is made available to businesses so that they can

check the credit worthiness of consumers before granting credit.

DISADVANTAGES

 Businesses can no longer carry out credit marketing.

 Leads to loss of sales as many consumers may no longer qualify to buy on

credit.

 The paperwork and administrative process required by the act are costly and
time consuming.
 The business needs to appoint additional staff to deal with the extra
administration.
 Should the credit agreement be declared reckless the business can forfeit the
outstanding debt and the goods.

 Businesses that are official credit providers, must submit a compliance report
every year.

 A business must make sure that all attempts have been made to recover the
debt before blacklisting the customer.

 Debt collection procedures are more complex and expensive.

 Credit providers cannot collect from consumers who are under debt reviews.

 Increases the administration burden on credit providers.

 More working capital is needed as businesses cannot sell many goods on credit
due to stricter credit application processes.

 Fewer customers buy on credit as it is more difficult to obtain credit.

 Businesses struggle to get credit such as bank loans/overdrafts.

 Businesses that do not comply with the NCA may face legal action.

WAYS IN WHICH BUSINESSES CAN COMPLY WITH THE NCA

 Credit providers must be registered with the National Credit Regulator.

 Businesses must submit an annual compliance report to the National Credit

Regulator.

 Conduct affordability assessment to ensure the consumer has the ability to meet
his/her obligation.

 Conduct a credit check with a registered credit bureau and could also consult the
National Credit Register.

 Credit providers must have procedures in place to comply with the provision of
the Financial Intelligence Centre Act (FICA).

 Verify the identity of clients, report suspicious transactions/train staff on their

obligations in terms of FICA.

 Disclose all costs of loan/No hidden costs should be charged/added.

DISCRIMINATORY ACTIONS ACCORDING TO THE NCA

 Refusing credit to customers based on gender/race.

 Charging different interest rates to customers based on gender/race

 Blacklisting customers without making efforts to recover the debt

PENALTIES/CONSEQUENCES FOR NON-COMPLIANCE WITH THE NCA

 The court may declare the granting of credit by the business reckless and may
order consumers not to repay the credit/or part thereof to the business.

 The business may not demand payment, sue or attach the clients/consumers
salaries/assets.

 The business may not charge any fee/interest/other charges under that specific
credit agreement.

 The National Credit Regulator may impose a fine/penalty on the business for
non-compliance.

 The business will bear all costs of removing the negative information of clients/
consumers who were blacklisted as a result of reckless lending.

CONSUMER RIGHTS IN TERM OF THE NCA

Consumers have a right to:

 Apply for credit and to be free from discrimination.
 Obtain reasons for credit being refused
 Receive pre-agreement documentation before concluding any credit transaction.
 Fair and responsible marketing.
 Choose which goods they will buy and return such goods if they are not satisfied.
 Receive Information in plain and understandable language.
 Receive documents as required by the Act.
 Access and challenge credit records and information.
 ACT 8: CONSUMER PROTECTION ACT (CPA)

PURPOSE OF THE ACT

 Promote and protect the economic interests of consumers by providing access to

information.

 Provides consumers education on social and economic effects of consumer

choice.

 Establishes national standards to protect consumers

 Provides guidelines for better consumer information and to prohibit unfair

business practices

 Promotes responsible consumer behaviour

 Establishes a National Consumer Commission (NCC)

 Promotes fair/accessible and sustainable places for people to sell their products

 Promotes consistent laws relating to consumer transaction and agreement

 Ensures that consumers have access to information they need to make informed
choices

 Promotes the rights and full participation of historically disadvantaged individuals

as consumers

 Ensures that consumers are not misled/deceived by suppliers of goods/services

 Promotes consumer safety by protecting them from hazardous products/services

 Strengthens a culture of consumer rights and responsibilities

 Empowers consumers to take legal action if their rights are not upheld

 Protects consumers against contracts that include unfair terms which limit the
liability of suppliers

 Protects consumers against unscrupulous businesses such as fly-by-night

franchisors

 Allows for consumers and businesses to resolve disputes fairly/effectively

IMPACT OF THE ACT ON BUSINESSES Impact means advantages
and disadvantages (NB!!!!!)

ADVANTAGES

 Businesses may build a good image if they ensure that they do not violate
consumer rights.

 May gain consumer loyalty, if they comply with CPA.

 Businesses may be safeguarded from dishonest competitors.

 Prevents larger businesses from undermining smaller ones.

 Enables businesses to resolve disputes fairly through the National Consumer

Commission/Consumer Court/Industrial ombudsmen

 Businesses may be protected if they are regarded as consumers

DISADVANTAGES

 Businesses have to replace/repair faulty items/refund money if the fault occurs

within six months after purchase.

 They have to disclose more information about their products and

processes/services

 Confidential business information may become available to competitors

 Businesses may feel unnecessarily burdened by legal processes

 Penalties for non-compliance may be very high

 Staff need to be trained /Legal experts need to be consulted, which can increase
costs

 Many business documents need to be simplified /revamped at extra cost as

consumers have a right to receive contracts in simple/understandable language.

 Administration costs increase as legal contracts need to be worded in plain

language /pitched at the level of the consumer

 Businesses may need insurance against claims from consumers /provisions in

the Act increase risks for unforeseen claims and lawsuits

 Supply chain management in stock levels will have to change, as defective

goods have to be replace within six months at the request of the consumer

 Information technology systems need to be improved as the retailer must keep

more detailed records of interactions with consumers /be able to report to the
National Consumer Commission.
WAYS IN WHICH BUSINESSES CAN COMPLY WITH THE CPA

 Disclose prices of all products on sale.

 Ensure that goods/services offered are standardised/of the same quality.

 Comply with the requirements regarding promotional competitions.

 Display the name of the business on all business documents, e.g.

invoices/contracts.

 All agreements must provide for a five-day cooling off period.

 Comply with requirements regarding the display of information on labels/

packaging

 Provide adequate training to staff on the CPA.

 Bundling of goods/services should benefit consumers, e.g. offering a cell phone

and a tablet at a special price.

 Implement measures that will facilitate complaints, e.g. suggestion boxes.

DISCRIMINATORY ACTIONS ACCORDING TO THE CPA

 Denying customers proper information about the product/services.

 Varying the quality of goods when selling in different areas.

 Prioritising any consumer group over another when marketing/selling

 Charging unfair prices for the same goods and services.

 Treating customers differently based on gender/age/race.

PENALTIES FOR NON-COMPLIANCE WITH THE CPA

 A contract may be rendered void or a fine or term of direct imprisonment may be

imposed.

 Businesses may face fines or imprisonment for a period not exceeding 10 years.

 Government agencies may conduct audits, enact fines or even dissolve your
business entirely.

 Businesses will be forced to compensate consumers in line with the extent to

which their rights have been violated.
CONSUMER RIGHTS OF THE CONSUMER PROTECTION ACT

Right to choose
 Consumers have the right to:
 choose suppliers and/or goods.
 shop around for the best prices.
 reject goods that are unsafe/defective for a full refund.
 cancel/renew fixed term agreements.
 request written quotations and cost estimates.

Right to privacy and confidentiality

 Consumers have the right to stop/restrict unwanted direct marketing.
 They can object to unwanted promotional e-mails/telesales.
 They have the right to stop/lodge complaints about the sharing of their personal
details.

Right to fair and honest dealings

 Suppliers may not use physical force or harass customers.
 Suppliers may not give misleading/false information.
 Businesses may not promote pyramid schemes and/or chain-letter schemes
 Businesses may not overbook/oversell goods/services and then not honour the
agreement.

Right to information about products and agreements/Right to disclosure and

information
 Contracts and agreements should be in plain language and easy to understand.
 Businesses should display prices which are fully inclusive disclosing all costs.
 Consumers may request the unit and bulk price of the same product.
 If two prices for the same product are displayed, consumers should pay the
lower price.
 Businesses should label products and trade descriptions correctly.

Right to fair/responsible marketing/promotion

 Businesses should not mislead consumers on pricing, benefits/uses of goods.
 Consumers may cancel purchases made through direct marketing within five
working days/cooling off-period.
 All information related to the country of origin/expiry dates/ingredients of the
products should be disclosed/clearly labelled.

Right to accountability from suppliers

 Consumers have the right to be protected in lay-bye agreements.
 Businesses should honour credit vouchers and prepaid services.

Right to fair/just/reasonable terms and conditions

 Businesses should provide consumers with written notices of clauses that may
limit consumer rights.
 Businesses may not market/sell goods at unfair prices.

Right to equality in the consumer market place

 Businesses should not limit access to goods and services.
 Quality of goods may not vary when supplied to different consumers.
 Businesses may not charge different prices for the same goods/services.
 No discrimination should occur when businesses market products and services
in different areas/places.

Right to return goods/have goods replaced/claim a refund

 Goods that are unsafe/ defective may be replaced by the supplier.
 Faulty items may be returned for a full refund.
 They may return faulty items if the fault occurs within six months after purchasing
the item.

Right to complain
 Consumers may use various methods/channels to complain about poor quality
goods/services.
 They can complain via customer care desks/consumer hotlines/ombudsman etc.

Right to privacy/confidentiality
 Consumers have the right to stop/restrict unwanted direct marketing.√
 They can object to unwanted promotional e-mails and telesales.√
 They have the right to stop/lodge complaints about sharing personal details.√

Right to fair value/good quality/safety

 Consumers may demand quality services/goods.
 They may receive an implied/written warranty.
 Cancel /renew fixed term agreements.
 To be informed about hazardous/dangerous products
 Reject goods that are not the same as the sample marketed
 Return faulty items if the fault occurs within six months after purchasing the item

Right to fair/honest dealings

 Suppliers may not use physical force/harass customers.
 They may not give misleading/false information about the product/service/
transaction.
 Businesses cannot promote pyramid/chain-letter schemes.
 Businesses may not overbook/oversell goods/services and then not honour the
agreement.

Right to fair value/good quality/safety

 Consumers may demand quality services/goods.
 They may receive an implied/written warranty.
 Cancel /renew fixed term agreements
 To be informed about hazardous/dangerous products
 Reject goods that are not the same as the sample marketed
 Return faulty items if the fault occurs within six months after purchasing the item
 ALL BUSINESSES WHO DO NOT COMPLY WITH THE
ABOVE MENTIONED ACTS WILL BE SUBJECTED TO
THE FOLLOWING PENALTIES.

3.1 PENALTIES FOR NON-COMPLIANCE

 Labour inspectors may serve a compliance order by writing to the Department of
Labour

 The Director General may agree/change/cancel the compliance order.

 Labour inspectors may investigate/inspect/ask questions about complaints and

remove records as evidence.

 Businesses may be taken to the labour court for a ruling.

 Businesses that are found guilty of non-compliance may face heavy fines/
penalties.

 They can be ordered to pay compensation and damages to the employee