Big old fat fecund females: celebrating Marine Protected Areas Day
In spite of illegal fishing, our MPAs do work
In spite of illegal fishing, our MPAs do work
SA condemns assassination of Hamas leader Ismail Haniyeh
The Department of International Relations and Cooperation (DIRCO) has condemned the “targeted” assassination of Ismail Haniyeh, the political leader of Hamas, who was killed by an airstrike in Tehran in the early hours of Wednesday.
According to reports, Haniyeh was killed while attending the inauguration of Iranian President Masoud Pezeshkian in Iran’s capital, Tehran.
One of Haniyeh’s bodyguards was also killed, according to reports.
“The government expresses its heartfelt condolences to the Haniyeh family as well as to the leadership and people of Palestine,” the department said in a statement.
“South Africa is concerned that the assassination of Haniyeh and the continuous targeting of civilians in Gaza will further spiral the already tense situation in the entire region.”
South Africa has since called for a “thorough” investigation to be conducted and called on all parties to exercise the utmost restraint to avoid any acts that would escalate tensions in the particularly fragile region.
International Relations and Cooperation Minister, Ronald Lamola, stressed that such acts of extrajudicial killings violate international law and the principles of human rights, undermining global efforts to promote peace and stability in the Middle East.
“No country is above the law and all nations must respect international law, particularly the principles outlined in the United Nations Charter and the Universal Declaration of Human Rights.
“Any form of extrajudicial killing is a blatant violation of these principles and extra-judicial killings of this nature have a destabilising effect. It is crucial that the perpetrators of such actions must be brought to justice,” Lamola added.
The department said the assassination of Haniyeh occurred in the context of the nine-month onslaught in Gaza where the ongoing bombardment by Israel has resulted in thousands of civilian casualties, almost half of which are children, and created an “unspeakable man-made humanitarian catastrophe”.
“Haniyeh was an integral member of the negotiating team, working with other countries to secure a comprehensive and permanent ceasefire and bring the war to Gaza to an end.”
South Africa reiterated its view that the international community must act immediately to end the genocide in Gaza, impunity, end the aggression meted out against Palestinians and the illegal occupation by Israel.
“It is our collective human duty to call for a comprehensive and permanent ceasefire. Nothing can justify the deliberate killings and injuring of civilians as an entire population endures destruction at a scale and speed without parallel in recent history.
“Continuing Israeli occupation, destruction of infrastructure, collective punishment, and extrajudicial assassinations would make the realisation of a peaceful solution in the Middle East much more difficult to achieve,” the statement read. – SAnews.gov.za
Gabisile
Thu, 08/01/2024 - 11:14
Police record major successes in breaking syndicates, gangs
With recent successes in arresting members of organised criminal syndicates and gangs, the South African Police Service (SAPS) has demonstrated its commitment and dedication to fighting serious and violent crimes.
This is according to SAPS National Commissioner, General Fannie Masemola, who briefed the media on Thursday.
“We are responding decisively to the war declared by criminals and we remain resolute in our efforts to fight crime and anyone who threatens the safety and security of law abiding citizens and have thus adopted an aggressive approach in ensuring that we stamp the authority of the state,” Masemola said in Johannesburg.
Providing an update on the countrywide police operations, Masemola said the recent successes in crime fighting shows that police are tightening their grip on serious and violent crime, thus putting them one step ahead of criminals.
“Through our high density operations that sees the Provincial Commissioner of each province actively taking part and leading operations on the ground, we have been able to secure the arrest of 766 237 suspects for various crimes.
“These include 161 752 wanted suspects for priority crimes, including murder, cash-in-transit armed robberies, sexual offences, rape, car hijacking and firearm-related offences.
“We have established and beefed up cash-in-transit task teams, particularly in the Eastern Cape, where a number of them have been recorded in the month of July. In the past month alone, 13 cash in transit robbers were arrested in the province while six suspects were fatally wounded during confrontation with police,” Masemola said.
The police have also registered a breakthrough with the arrest of at least ten suspects linked to ATM bombings in Gauteng.
Eight of the suspects were intercepted in Katlehong, Thokoza, and Soweto in Gauteng while another two were traced to Senekal in the Free State.
“These arrests were effected with the assistance of our partners in the banking sector and key stakeholders in the fight against crime. These suspects are being linked to more than 20 ATM bombings that took place in Soweto and the East Rand,” he said.
Furthermore, a gang of 44 suspects were intercepted by Gauteng police three weeks ago at a liquor warehouse in Kempton Park.
“The suspects were caught in the act of loading alcohol worth R15 million into four different trucks. The suspects have already appeared before the Kempton Park Magistrate Court on a charge of business robbery,” the National Commissioner said.
Drug busts
In the last two weeks, a clandestine drug lab worth R2 billion was shut down in Limpopo where two Mexican nationals are among the five suspects arrested.
“In the Western Cape, R252 million worth of cocaine was seized at a roadblock in Stillbaai. A Russian national is among two suspects arrested in this case. In the same week, police also seized R40 million worth of dagga in Magaliesburg here in Gauteng.
“Mpumalanga has also registered a number of successes in relation to major drug busts. Between May and June this year, R4 million worth of dagga, R4 million worth of cocaine and R4 million worth of Crystal meth was seized in different parts of the province, including Nelspruit and Komatipoort.
“We have destroyed large quantities of drugs worth R2 billion in 12 months. These include cocaine, crystal meth and unregistered medicines. Through Operation Shanela, 21 161 criminals were arrested for dealing in drugs while 64 351 were arrested for being in possession of drugs,” the National Commissioner said.
The ongoing gang related violence in the Eastern and Western Cape and Gauteng continues to receive priority with the deployment of the Anti Gang Unit and specialised units in identified hotspots.
“Dedicated interventions are continuing and several gang leaders and members have been arrested in the past six months. These include 64 gang members arrested in Westbury. Thirty-four of them belong to the Fast gang group that were operating in Westbury, Langlaagte and Eldorado Park. During this period, 36 gang members from the Western Cape, Eastern Cape, Kwazulu-Natal and Limpopo were convicted to a collective 350 year’s imprisonment,” he said.
In the last seven days, 106 firearms were confiscated during operations across the country. Forty of these firearms were seized in the province of KwaZulu-Natal. Of the 106 firearms, 90 are hand guns, eight are homemade firearms, seven are rifles while one shotgun was seized.
In two years, more than 20 000 firearms have been seized from all corners of the country.
“In the Western Cape where we experience a lot of firearm related gang violence, 3100 firearms have been confiscated to date while in Gauteng, 673 firearms have been seized during tracing operations during a 12 month period,” he said. - SAnews.gov.za
nosihle
Thu, 08/01/2024 - 12:16
DCS responds to Thabo Bester allegations
The Department of Correctional Services (DCS) has hit back at allegations by convict and alleged prison escape artist Thabo Bester regarding his incarceration at the Kgoši Mampuru II Correctional Facility in Pretoria.
In June this year, Bester told the pre-trial court in his escape case that, amongst other allegations, he was being kept in solitary confinement for 23 hours of the day and was not given adequate time to consult with his lawyers.
The department has dismissed those allegations – insisting that everything surrounding his incarceration has been done by the book.
“As DCS, it is clear that we are dealing with an inmate capable of engineering elaborate means to escape from lawful custody. Hence, we are duty-bound to employ strict security measures, within the confines of the law, in order to prevent any chance of him escaping once again.
“Apart from these security measures aimed at preventing an escape, the department has, since Thabo Bester’s admission at Kgoši Mampuru II Correctional Facility, treated him in the same manner that it treats other inmates at the said facility,” DCS said in a statement.
The department was at pains to explain that although imprisonment does not strip individuals of their rights, in the context of imprisonment, some rights “are given effect to differently where it is possible, practical and safe to do so, while others inconsistent with imprisonment do not enjoy recognition for instance the right to liberty”.
“Equally, the department recognises that the conditions of detention of inmates should be consistent with human dignity, including at least an opportunity to exercise and provision of adequate accommodation, nutrition, reading material and the opportunity to access legal advice.
“That said, inmates are not entitled to be imprisoned with all the comforts they have enjoyed before their incarceration. A Correctional Centre is not akin to one's own private residence. Therefore, those amenities that a person would ordinarily enjoy outside the Correctional Centre are not necessarily available in a correctional facility. That is an invariable consequence of being imprisoned,” the department added.
Solitary confinement and access to legal representation
The DCS pointed out that there is “no practice of solitary confinement in South Africa” and dismissed Bester’s allegations that he was kept in that state as “incorrect and fallacious”.
“C-Max, at Kgoši Mampuru, is a high security facility. It comprises only single cells. Hence, all inmates in the facility do not share a cell. Therefore, the impression created by Thabo Bester that he is in a single cell, as a form of solitary confinement, is, with respect, disingenuous.
“Thabo Bester gets an opportunity to exercise for an hour every day. That is the minimum time of exercise permitted by Section 11 of the Correctional Services Act. The exercise always takes place in open air, unless the weather does not permit. During the time allocated for exercising, an inmate has an option to participate in other recreational activities.
“Thabo Bester and other inmates in C-Max are also afforded a reasonable opportunity to have telephonic contact with and to be visited by their families when such visits are properly arranged with the centre. Equally, Thabo Bester’s assertion that he is segregated is not correct. The facility comprises only single cells,” the department said.
On the issue of whether Bester is allowed access to legal advice and representation, the DCS said Bester had made “hundreds of telephone calls to various lawyers” for the period 12 October 2023 until 16 July 2024.
“Thabo Bester is asking for ‘an in-person or physical legal consultations' of not less than seven hours on prior arrangements and to allow him to use a laptop/tablet or any suitable gadget. He complains about a consultation using [a] wall steel telephone, whilst separated by a glass with his legal representatives, is not meaningful.
“Thabo Bester suggests that he should be afforded an opportunity to consult with his legal representatives in a specific office at the centre. With respect, there is no merit in Thabo Bester’s request. To be succinct, the request is unreasonable. Thabo Bester’s legal representatives can communicate with him during the consultation and take down the necessary notes.
“A consultation with his legal representatives from 09:00 - 16:00 on a daily basis is neither reasonable nor practical. Kgoši Mampuru houses hundreds of inmates who also need to use the consultation rooms. The Regulations allow for consultations on a daily basis from 08:00 until 15:00 in the afternoon. Therefore, if Thabo Bester’s request is acceded to, it will mean that one of the consultation rooms will be occupied by him the whole day,” the department asserted.
Other allegations
In respect of Bester’s request to access electronic gadgets or equipment and the use of hand and leg cuffs the DCS said:
• Thabo Bester’s request for gadgets will pose a security risk to the centre and might enable him to orchestrate another escape.
• The use of hand and leg cuffs on Thabo Bester is justified under section 31 of the Correctional Services Act. Before his incarceration at Kgoši Mampuru, Thabo Bester had escaped from a maximum-security prison. Without a doubt, the department is justified in having an apprehension that Thabo Bester might attempt to escape again.
“The manner in which Thabo Bester has been treated is consistent with what is prescribed by the Correctional Services Act and the regulations promulgated under the Act. Basically, safe and humane custody of inmates is at the centre of the correctional system.
“The Act provides that the aim of a correctional system is to contribute to maintaining and protecting a just, peaceful and safe society by enforcing sentences of the courts in a manner prescribed by the Act and detaining all inmates in safe custody whilst ensuring their human dignity,” the department said. – SAnews.gov.za
NeoB
Wed, 07/31/2024 - 14:38
dtic welcomes signing into law of the Companies Amendment Act
Trade, Industry and Competition Minister Parks Tau has welcomed the signing into law of the Companies Amendment Act by President Cyril Ramaphosa last Friday.
Tau was addressing the National Council of Provinces (NCOP) during the debate on his department’s Budget Vote on Tuesday.
“In the spirit of transparency and in the hopes that we further improve the ease of doing business, we welcome President Ramaphosa’s ascension to the Companies Amendment Act. The Act aims to improve the ease of doing business by ensuring that our company law is consistent with well-established principles that are not over-burdensome on businesses,” he said.
Tau said the new Act is also aimed at achieving equity between directors and senior management on the one hand, and shareholders and workers on the other hand, as well as addressing public concerns regarding high levels of inequality in society.
“The Act will go a long way in ensuring adherence to sound corporate governance, accountability and transparency, and that directors carry their duties with integrity and care,” he said.
READ I President assents laws advancing ease of doing business
Tau also welcomed President Ramaphosa’s signing of the Climate Change Bill into law, saying that all South Africans needed to celebrate its ascension.
The Climate Change Act sets out South Africa’s national climate change response, including mitigation and adaptation actions, which also constitutes South Africa’s fair contribution to the global climate change response.
“The signing of the law came at an opportune moment because as the department, we had already taken significant steps towards identifying opportunities in industrial decarbonisation and manufacturing of green products for both local and export markets,” he said.
The Act makes provision for an active role by provinces and municipalities in coordinating the country’s climate change responses, as well as setting emissions targets for manufacturing and related sectors.
“In this regard, our department has developed the Green Hydrogen Commercialisation Strategy, which will be implemented.
“In the next few weeks, we will be meeting with provinces and the South African Local Government Association (SALGA) to map these out further and ensure that we all channel our energies towards building a greener and climate-resilient South African economy,” Tau said.
During his speech, Tau said the department will accelerate the roll out of the Special Economic Zones (SEZ) programme in order to achieve better spatial equity.
“Fortunately, there are local success stories we can learn from to accelerate the SEZ model in other under-serviced areas,” he said.
He cited the Coega Industrial Development Zone, which is presently home to 63 firms, employing approximately 10 000 people and with cumulative investments of about R11.5 billion.
Tau told the NCOP that his administration will ensure that industrial opportunities resulting from policy, regulatory and private-sector decisions were maximised to enable manufacturing-led growth.
“Manufacturing induces or catalyses growth and jobs in upstream and downstream sectors. These jobs are typically permanent, pay relatively decent wages and provide workers with sustainable careers. And as you would agree, these jobs offer a sense of dignity to our citizens and communities,” he said. – SAnews.gov.za
Edwin
Wed, 07/31/2024 - 14:42
President Ramaphosa assents to IPID Amendment Bill
The Independent Police Investigative Directorate (IPID) Amendment Bill has been signed into law by President Cyril Ramaphosa.
According to the Presidency, the new law is aimed at “affirming the institutional and operational independence” of IPID and empowers the directorate to “investigate serious alleged offences committed by police officers, whether they were off duty or not”.
“The new law entrenches the institutional and operational independence of IPID and makes it clear that the directorate must be independent, impartial and must exercise its powers and functions without fear, favour or prejudice.
“This amended law gives effect to an earlier Constitutional Court judgment in the McBride v Minister of Police and Another matter, which invalidated provisions in the IPID Act that enabled the Minister of Police to take disciplinary measures against the Executive Director of IPID without parliamentary oversight,” the Presidency said.
The newly assented to law also amends provisions in certain appointments, what the IPID can investigate and savings provisions for officials working in that office.
This includes:
“The newly enacted Independent Police Investigative Directorate Amendment Act is an outcome of a comprehensive review of the principal IPID Act of 2011 initiated by the Civilian Secretariat for Police Service.
“The Civilian Secretariat provides the Minister of Police with policy advice and research support; develops departmental policy; provides civilian oversight of the South African Police Service and mobilises stakeholders outside the department around crime prevention and policing matters,” the Presidency said. – SAnews.gov.za
NeoB
Wed, 07/31/2024 - 15:21
President Cyril Ramaphosa has signed into law legislation affirming the institutional and operational independence of the Independent Police Investigative Directorate (IPID) and empowering IPID to investigate serious alleged offences committed by police officers whether they were off duty or not.
The newly enacted Independent Police Investigative Directorate Amendment Act is an outcome of a comprehensive review of the principal IPID Act of 2011 initiated by the Civilian Secretariat for Police Service.
The Civilian Secretariat provides the Minister of Police with policy advice and research support; develops departmental policy; provides civilian oversight of the South African Police Service and mobilises stakeholders outside the department around crime prevention and policing matters.
The new law entrenches the institutional and operational independence of IPID and makes it clear that the directorate must be independent, impartial and must exercise its powers and functions without fear, favour or prejudice.
This amended law gives effect to an earlier Constitutional Court judgment in the McBride v Minister of Police and Another matter which invalidated provisions in the IPID Act that enabled the Minister of Police to take disciplinary measures against the Executive Director of IPID without parliamentary oversight.
The updated legislation amends provisions relating to the appointment of the Executive Director of IPID and broadens the Executive Director's responsibilities in respect of the referral of recommendations on disciplinary matters.
The Amendment Act provides for pre-employment security screening investigations to be conducted by the directorate.
The law now empowers IPID to investigate any deaths caused by the actions of a member of the South African Police Service or a member of a municipal police service, whether such member was on or off duty.
IPID is enabled to investigate rape by a member of the SAPS or a member of a municipal police service, whether such member was on or off duty.
The law also provides for a savings provision in the conditions of service of existing IPID investigators and provincial heads.
Distributed by APO Group on behalf of The Presidency of the Republic of South Africa.
Whether you’re a matriculant with limited work experience or someone who didn’t have the opportunity to study further after school, the global business services (GBS) sector offers opportunities for young people from communities throughout South Africa to build successful careers. So, brush aside the belief that traditional career paths, like accounting or law, are the …
Fund members urged to get financial advice on pension fund withdrawals
With the President signing into law the Pension Funds Amendment Act (31 of 2024), National Treasury has urged fund members to seek trustworthy financial advice to consider the implications for withdrawals from the savings component.
“Fund members should also note that administration costs and tax at marginal rates will be deducted from such withdrawals. Members will lose out on all related future growth and the retirement benefit originally intended for those funds,” National Treasury said on Tuesday.
The signing into law of the Pension Funds Amendment Act ushers in the last part of the significant amendments required to implement the two-pot system to commence on 1 September 2024 after proclamation by the President.
The Pension Funds Amendment Act provides for certain amendments to the Pension Funds Act, 1956, the Post and Telecommunications-related Matters Act, 1958, the Transnet Pension Funds Act, 1990 and the Government Employees Pension Law, 1996, which are necessary to enable retirement funds, including public sector funds, to implement the two-pot reform.
READ | President Ramaphosa signs Pension Funds Amendment Bill into law
These changes follow the related amendments to the Income Tax Act, which are contained in the Revenue Laws Amendment Act (12 of 2024).
“The main intention of the two-pot system reform is to improve South Africa’s retirement outcomes for members at retirement through the preservation of a larger portion of the retirement savings.
“At the same time the reform allows some measured access in cases of financial distress without a member having to resign from employment.
“The new two-pot retirement system creates a more sustainable retirement fund system, while increasing flexibility to cater to the differing needs of members. The system will provide a welcomed relief mechanism for people in real crises to access emergency funds without resorting to loan sharks or having to quit their jobs to access their retirement savings, while ensuring a larger portion of those savings are preserved until retirement,” National Treasury said.
Retirement funds and trustees are now in the process of aligning their fund rules with the changes to the acts and should be communicating with fund members about these rule changes and processes to be followed for savings benefit withdrawal claims.
Fund rule amendments still need to be submitted to the Financial Sector Conduct Authority for approval before implementation.
“Most funds are set to implement the new split for contributions to the two new components (i.e. savings component and retirement component) on 1 September 2024, as planned.
“They will also calculate the once-off seeding capital value using the vested component (i.e. retirement savings accumulated before implementation date) on 31 August 2024, that will be available for transfer to the savings component and accessible to members from 1 September 2024.
“However, not all funds will likely be able to process withdrawal requests immediately on 1 September 2024, as the systems to do so and the mechanics to request such withdrawals will still be new or are being installed. Funds that are ready for such withdrawals will also need some time to process requests,” National Treasury said. - SAnews.gov.za
nosihle
Tue, 07/30/2024 - 09:12
Social Department reaffirms its commitment to protecting children from trafficking
The Department of Social Development (DSD) has reaffirmed its commitment to combating human trafficking, focusing on the protection of children as the world commemorates World Day Against Trafficking in Persons.
This year’s theme focuses on leaving no child behind in the fight against human trafficking.
The World Day Against Trafficking in Persons is observed annually on 30 July to raise awareness about human trafficking and to promote and protect the rights of trafficking victims.
The department has since taken the time to remind South Africans especially caregivers about the prevalence of human trafficking and appeal for their vigilance when it comes to protecting children.
Citing the June 2023 publication by the Human Sciences Research Council (HSRC), the department said it was estimated that a possible 250 000 people have fallen victim to human trafficking in South Africa alone.
“This serves as a grave violation of human rights and dignity. On this World Day Against Trafficking in Persons, the Department of Social Development stands united against this heinous crime,” the department said.
According to the department, children represent a significant proportion of trafficking victims worldwide, with girls being disproportionately affected.
In terms of the United Nations Office on Drugs and Crime’s Global Report on Trafficking in Persons, children are twice as likely to face violence during trafficking than adults.
Sub-Saharan Africa, North Africa, and the Caribbean, according to the department, make up 60% of detected trafficking victims.
“In addition to conflicts, pandemics, economic hardships, and environmental challenges, the proliferation of online platforms poses risks as children often connect to these sites without adequate protection.”
The department explained that traffickers exploit online platforms, social media, and the dark web to recruit and exploit children.
They also use technology to evade detection, reach wider audiences, and disseminate exploitative content.
“Countries including South Africa, are required to prioritise child protection, bolster legislation, improve law enforcement, and allocate more resources to combat child trafficking.”
The department has since called for prevention efforts to target root causes of human trafficking such as poverty and inequality to reduce children’s vulnerability with special attention paid to trafficking of children on the move or in transit.
According to the department, South Africa remains a source, transit, and destination country for men, women and children subjected to the crime of trafficking for forced labour and sexual exploitation.
“This means South Africans are being trafficked to other parts of the globe while the country is also used by traffickers to harbour victims in transit to other countries where they are going to be exploited.
“Victims of trafficking are also brought into the country to be exploited.”
Meanwhile, traffickers are said to control victims through deception, intimidation, threats, use of force, withholding of passports, debt bondage, and forced use of drugs and alcohol.
The department has described the Prevention and Combating of Trafficking in Persons Act (PACOTIP) of 2013 as a critical legislative tool in South Africa’s fight against human trafficking.
The South African government, through the Department of Social Development has implemented various measures to prevent child trafficking. The PACOTIP Act aims to align with international agreements and provides for the prosecution of traffickers, protection of victims, and coordination of anti-trafficking efforts.
The Department of Social Development’s Gyan Dwarika said the significance of the PACOTIP Act, in conjunction with the Children’s Act, in safeguarding vulnerable children and ensuring their rights and safety are upheld.
“The Act ensures that any child identified as a victim of trafficking is treated as a child in need of care and protection mandates immediate reporting and investigation of suspected cases, and provides for the safe placement and care of trafficked children,” Dwarika said.
Dwarika’s roles in the department include focusing on child labour, commercial sexual exploitation of children, online safety, and child marriages.
The department said they also offer victims of child trafficking comprehensive support and rehabilitation services.
These include psychological counselling, medical care, legal assistance, and placement in Child and Youth Care Centres (CYCCs).
She said community involvement was crucial in preventing and combating child trafficking.
“International cooperation strengthens the response to the repatriation process of children trafficked into and out of South Africa. It ensures that children are repatriated safely and in line with international standards, considering factors like the best interests of the child and the safety of the repatriation process.”
Victims are also placed in accredited shelters where they are cared for by shelter staff and social workers to determine if they were trafficked.
Through the Criminal Assets Recovery Account (CARA) fund, the department is procuring a fleet of 10 vehicles to be distributed to gender-based violence (GBV) shelters accredited to accommodate victims across all nine provinces.
The Western Cape has partnered with the Passenger Rail Agency of South Africa (Prasa) to create awareness at the Cape Town bus rank. – SAnews.gov.za
Gabisile
Tue, 07/30/2024 - 15:11
Ja well, no fine … R625,000 is too much to pay says Piekenierskloof Vrugte
By now you’ve probably heard that as of 1 September this year, National Treasury is introducing changes to the rules around accessing your retirement funds, known as the two-pot system. But what are these pots, why are there three pots in a two-pot system and what does this all mean for you? Natasha Huggett Henchie, …
Labour Minister welcomes signing into law of Companies Amendment Act
Employment and Labour Minister Nomakhosazana Meth has commended the signing into law of the Companies Amendment Act by President Cyril Ramaphosa.
President Ramaphosa signed into law amendments to the Companies Act of 2008 on Friday, which promote the ease of doing business and impose greater corporate transparency on the earnings gap between the highest and lowest paid persons in a company.
The Companies Amendment Bill and Companies Second Amendment Bill, which were referred to the President for assent, jointly constitute initiatives by government to make the conduct of business less burdensome. They also tighten the pursuit of delinquent directors or prescribed officers for wrongdoing, including State capture, and addresses disparities in earnings.
The Companies Amendment Act, as signed by the President, streamlines company law to be clear, user-friendly and less burdensome on the conduct of business. This reform is important for the efficient and effective conduct of the domestic economy, as well as the attraction of foreign investment.
The Act is also aimed at achieving equity between directors and senior management on the one hand, and shareholders and workers on the other hand.
According to Meth, this law has a direct linkage to the Employment Equity Amendment Act, 2022, particularly section 27, which refers to the statement of income differentials required from designated employers.
Meth said the requirement of disclosure by companies of the average and median total remuneration of all employees, the remuneration gap between the total remuneration of the top 5% highest paid employees, and the total remuneration of the bottom 5% lowest paid employees of the company, will go a long way in exposing existing inequalities in employment.
“As a result, the work done by the Department of Employment and Labour to transform the labour market will be strengthened, as the two pieces of law are complementing each other and will ensure more transparency from the employers.
“Through our departmental inspectorate, we will promote, strengthen and enforce compliance of our labour laws, as we strive for a labour market that is conducive to economic growth,” Meth said. – SAnews.gov.za
GabiK
Mon, 07/29/2024 - 10:56
Disease Management Area declared amid foot and mouth disease in EC
In further efforts to prevent the spread of Foot and Mouth Disease (FMD), the Department of Agriculture has declared a Disease Management Area (DMA), which includes part of the Kouga and Kou-Kamma Municipalities in the Eastern Cape.
This follows the department’s concerns over the outbreak of Foot and Mouth Disease in the Kouga and Kou-Kamma Municipalities, where cattle on 26 farms have tested positive for the disease.
The department said the cattle on the positive farms have been vaccinated to decrease the viral load and to control the severity of the clinical signs seen in especially dairy cattle.
The positive farms were also placed under quarantine, with strict movement control.
“Requests were received to preventatively vaccinate dairy cattle on farms that have not been confirmed as being FMD positive but were at high risk of infection. Permission was given to preventatively vaccinate cattle on 29 farms.
“Animals on a further seven farms were vaccinated after veterinary officials reported suspect clinical signs. In total, 84 655 animals were vaccinated on 62 farms,” the department said.
The department said the boundaries of the DMA will be detailed in the related July 2024 Government Gazette Notice.
The department explained that the DMA, which was declared on Friday, will make it possible to control the movements of animals out of, into and within the affected area.
“The main aim of the DMA is to prevent outward spread of the outbreaks, to areas not previously affected. In addition, the DMA aims to decrease further spread of the disease within the affected area, as this will decrease the viral load and infection pressure of the area.
“No cloven-hoofed animals, animal products derived from cloven-hoofed animals or genetic material of cloven-hoofed animals may be moved from, to or within the Disease Management Areas of the Eastern Cape Province except under authority of a State veterinary permit contemplated in Regulation 20 (1) of the Regulations and in compliance with the conditions of such permit,” the department said.
In addition to the control measures of the Eastern Cape Province DMA, the department said the July 2024 Gazette Notice also stipulates that cloven hoofed livestock may only be moved if accompanied by a health declaration from the owner of the animals, attesting to their health at the time of moving.
“All cattle, [including] sheep and goats newly brought onto a farm must be kept separated from the resident herds for at least 28 days. This has been a requirement by law since October 2022, but the importance of this is again emphasised,” the department said.
The department has strongly recommended to all livestock farmers in the whole country to limit animal movement as far as possible.
“Cloven-hoofed animals should not be moved unless it is necessary to allow for an opportunity to find and quarantine further undetected and affected properties to prevent any further spread of the disease.
“The significance of the incubation period for FMD cannot be overemphasised. This is the period when animals appear to be healthy, in the early stages of infection (incubation period) where they are shedding virus without showing clinical signs of disease yet,” the department said.
Farmers are again urged to observe biosecurity on their farms and to protect their own herds from becoming infected with disease. Section 11 of the Animal Diseases Act imposes a legal duty on any owner or manager of animals to take all reasonable steps to prevent their animals from becoming infected with any disease and to prevent the spread of any disease from their animals or land to other animals or other properties. – SAnews.gov.za
GabiK
Mon, 07/29/2024 - 11:43
Nick Matzukis, co-founder and CEO at Academy of Sound Engineering There is no magic wand to make it in the music industry. A combination of talent, technical knowledge and business acumen is essential if aspiring young artists are to monetise their skills effectively. According to the International Federation of the Phonographic Industry (IFPI) Global Music …
Six years after the Constitutional Court judgment, small-scale dagga growers are sliding deeper into poverty while businesses profit in South Africa’s “cowboy” cannabis industry
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Minister welcomes arrest of 95 Libyans in Mpumalanga
Home Affairs Minister, Dr Leon Schreiber, has welcomed the arrest of 95 Libyan nationals who are alleged to have been receiving training at an illegal military training camp in White River, Mpumalanga.
The Libyan nationals allegedly entered the country with visas that were acquired through misrepresentation in Tunis, Tunisia.
“One operation at a time, we must restore the rule of law. Following a major joint operation by Home Affairs, [the] South African Police Service (SAPS) and other law enforcement authorities, the department is on the ground ensuring that anyone who breached immigration laws is processed through the court. Respect our laws, or there will be consequences,” said the Minister in a statement on Saturday.
The Minister said that the Department of Home Affairs (DHA) has already cancelled the irregularly acquired visas and is working with other law enforcement authorities to look at all options, including deportation.
The visa cancellation means that all the affected Libyans are now undocumented foreign nationals.
Schreiber has instructed the department to provide full support to this multidisciplinary effort.
This as as the National Commissioner of the SAPS, General Fannie Masemola assured the nation that the SAPS will ensure a thorough investigation into allegations that the Libyan nationals were allegedly receiving military training at the site.
General Masemola welcomed the intelligence driven operation that led to the takedown operation on Thursday morning by a multidisciplinary team including detectives and specialised units within the SAPS.
A team of detectives is investigating alleged suspicious activities that are taking place at the farm in White River.
“When a team led by SAPS detectives arrived at the farm they found the Libyans housed in military tents. Military training equipment was also found including licensed firearms. SAPS detectives cannot rule out the possibility that the farm that is accredited as a security training site is allegedly being utilised as an illegal military training camp,” said the SAPS which is working closely with the DHA on the case.
General Masemola said the police will leave no stone unturned in getting to the bottom of what kind of activities have been taking place on the farm.
“During the takedown operation, police also found dagga and cocaine. Some of the other drugs found in their possession are being sent to the SAPS Forensic Science Laboratory in Pretoria to identify them as illegal substances,” he said.
Police Minister Senzo Mchunu conducted a walkabout of the site on Saturday.
“Thorough investigations by various law enforcement agencies are underway,” he said in post on social media platform, X.
Masemola said the safety and security of citizens is of paramount importance and that the SAPS remains committed to dealing decisively with transnational organised crime.– SAnews.gov.za
Edwin
Sun, 07/28/2024 - 10:59
President assents laws advancing ease of doing business
President Cyril Ramaphosa has signed into law amendments to the Companies Act of 2008 that promotes the ease of doing business and imposes greater corporate transparency on the earnings gap between the highest and lowest paid persons in a company.
The Companies Amendment Bill and Companies Second Amendment Bill referred to the President for assent jointly constitute initiatives by government to make the conduct of business less burdensome, to tighten the pursuit of delinquent directors or prescribed officers for wrongdoing, including state capture and addresses disparities in earnings.
The Companies Amendment Act as signed by the President streamlines company law to be clear, user-friendly and less burdensome on the conduct of business. This reform is important for the efficient and effective conduct of the domestic economy as well as the attraction of foreign investment.
The Act is also aimed at achieving equity between directors and senior management on the one hand and shareholders and workers on the other hand.
“In addition, the law addresses public concerns regarding high levels of inequalities in society by introducing better disclosure of senior executive remuneration and the reasonableness of the remuneration.The law requires the preparation of a remuneration report by all public and State-owned companies in respect of the previous financial year,” said the Presidency in a statement.
This remuneration report must be accompanied by the company’s remuneration policy and an implementation report that must set out detail on the total remuneration received by each director and prescribed officer as well as the total remuneration for the employee with the highest and lowest total remuneration.
Among other indicators, companies must report the average and median total remuneration of all employees, and disclose the remuneration gap between the total remuneration of the top 5% highest paid employees and the total remuneration of the bottom 5% lowest paid employees of the company.
Public and State-owned companies are now required to prepare and present a remuneration policy for shareholder approval.
Other provisions include the empowerment of a court to validate the creation, allotment or issue of shares, which would otherwise be invalid, upon application before the court by a company or any person who holds an interest in the company.
The law also requires paid shares to be transferred to a stakeholder and held in terms of stakeholder agreement, until fully paid.
These measures are directed at preventing unethical, reckless and criminal conduct in businesses that will impact negatively on shareholders, workers, clients and customers and the economy as a whole.
Companies Second Amendment Act
The Companies Second Amendment Act signed by President Ramaphosa contains a response by Government to one of the recommendations of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector, including Organs of State (State Capture Commission).
This law amends the Companies Act to extend the period during which proceedings may be launched to recover any loss, damages or costs for which a person may be held liable under the law.
The State Capture Commission recommended that Section 162 of the Companies Act be amended so as to ensure that an application for a declaration of delinquency may be brought even after two years on good cause shown.
While the recommendations applied to specific cases, the new law extends the time bar for declaring a director of a company a delinquent director, from 24 months to 60 months. It also gives the court the power to extend the period on good cause shown.
This provision ensures that directors and prescribed officers in companies can be held accountable for a significant period after they have committed alleged offences. – SAnews.gov.za
Edwin
Sun, 07/28/2024 - 10:29
President Cyril Ramaphosa has signed into law amendments to the Companies Act of 2008 that promote the ease of doing business and impose greater corporate transparency on the earnings gap between the highest and lowest paid persons in a company.
The Companies Amendment Bill and Companies Second Amendment Bill referred to the President for assent jointly constitute initiatives by government to make the conduct of business less burdensome, to tighten the pursuit of delinquent directors or prescribed officers for wrongdoing, including state capture and address disparities in earnings.
The Companies Amendment Act as signed by the President streamlines company law to be clear, user-friendly and less burdensome on the conduct of business. This reform is important for the efficient and effective conduct of the domestic economy as well as the attraction of foreign investment.
The Act is also aimed at achieving equity between directors and senior management on the one hand, and shareholders and workers on the other hand.
In addition, the law addresses public concerns regarding high levels of inequalities in society by introducing better disclosure of senior executive remuneration and the reasonableness of the remuneration.
The law requires the preparation of a remuneration report by all public and State-owned companies in respect of the previous financial year.
This remuneration report must be accompanied by the company's remuneration policy and an implementation report that must set out detail on the total remuneration received by each director and prescribed officer as well as the total remuneration for the employee with the highest and lowest total remuneration.
Among other indicators, companies must report the average and median total remuneration of all employees, and disclose the remuneration gap between the total remuneration of the top 5% highest paid employees, and the total remuneration of the bottom 5% lowest paid employees of the company.
Public and State-owned companies are now required to prepare and present a remuneration policy for shareholder approval.
Other provisions include the empowerment of a court to validate the creation, allotment or issue of shares, which would otherwise be invalid, upon application before the court by a company or any person who holds an interest in the company.
The law also requires paid shares to be transferred to a stakeholder and held in terms of stakeholder agreement, until fully paid.
These measures are directed at preventing unethical, reckless and criminal conduct in businesses that will impact negatively on shareholders, workers, clients and customers and the economy as a whole.
The Companies Second Amendment Act signed by President Ramaphosa contains a response by Government to one of the recommendations of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector, including Organs of State (State Capture Commission).
This law amends the Companies Act to extend the period during which proceedings may be launched to recover any loss, damages or costs for which a person may be held liable under the law.
The State Capture Commission recommended that Section 162 of the Companies Act be amended so as to ensure that an application for a declaration of delinquency may be brought even after two years on good cause shown.
While the recommendations applied to specific cases, the new law extends the time bar for declaring a director of a company a delinquent director, from 24 months to 60 months. It also gives the court the power to extend the period on good cause shown.
This provision ensures that directors and prescribed officers in companies can be held accountable for a significant period after they have committed alleged offences.
Distributed by APO Group on behalf of The Presidency of the Republic of South Africa.
Municipal officials often misinterpret the law
One ATM bombing suspect nabbed, while another fatally wounded
An ATM bombing suspect was arrested, while another was left fatally wounded in a shootout with police in Esikhaleni, in the early hours of Thursday morning.
Police responded to reports of an ATM bombing at a store in Esikhaleni and swift investigations led to the arrest of the driver of the suspects’ getaway vehicle.
Another vehicle that the suspects were using was spotted at Madlankala area and with the suspects failing to obey lawful instructions from the police and shooting at the men of law, a shootout ensued. This resulted in one suspect sustaining fatal gunshot wounds. A firearm was found in his possession.
A search is underway at a nearby sugarcane farm where other suspects ran into, as they tried to evade arrest. – SAnews.gov.za
Edwin
Fri, 07/26/2024 - 10:21
The Black Business Council (BBC) welcomes the signing into law, by H.E. President Cyril Ramaphosa, of the National Small Enterprise Amendment Act. The National Small Enterprise Amendment Act, which amends the National Small Enterprise Act of 1996, establishes the Small Enterprise Development Finance Agency (SEDFA) through the incorporation of the Small Enterprise Finance Agency (Sefa), …
President Ramaphosa signs Public Procurement Bill into law
President Cyril Ramaphosa has assented into law the Public Procurement Bill, which aims to create a single framework that regulates public procurement, including preferential procurement, by all organs of state, with the necessary efficiency, cost-effectiveness and integrity.
“The President has assented to the Public Procurement Bill which complies with the stipulation in Section 217 of the Constitution that [the] contracting of goods and services by organs of state in all spheres of government must occur in accordance with a system which is fair, equitable, transparent, competitive and cost-effective; and that national legislation must prescribe a framework within which a procurement policy must be implemented,” said the Presidency.
As enacted by the President, the Public Procurement Act addresses weaknesses in the procurement of goods and services by organs of state that have in the past enabled various degrees of corruption, including state capture.
The Act also responds to the acknowledgement that legislation regulating procurement by organs of state is fragmented and constrains justified advancement of persons or categories of persons who could provide goods or services.
The Act establishes a single framework that regulates public procurement, including preferential procurement, by all organs of state and promotes the use of technology for efficiency and effectiveness. The law seeks to enhance transparency and integrity, among others, to combat corruption, ensure efficient, effective and economic use of public resources and advance transformation and broadened economic participation.
It foresees that economic development will be stimulated through the procurement of goods that are produced and services that are provided in South Africa, as well as procurement that is developmental in nature.
The Public Procurement Act, which will be administered by the Minister of Finance, applies to departments, constitutional institutions, municipalities, municipal entities, and public entities.
There are also a limited number of clauses which apply to Parliament and provincial legislatures.
The Act applies to all procurement carried out by a procurement institution (including procurement through donor or grant funding) any person who submits a bid or has been awarded a bid and all procurement carried out by any person on behalf of a procuring institution.
Among its wide-ranging provisions, the Act lists persons who may not submit bids including a public office bearer, employees of Parliament or provincial legislatures, and officials or employees of, among others, public entities, constitutional institutions, municipalities and municipal entities. – SAnews.gov.za
Edwin
Thu, 07/25/2024 - 10:39
