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You are here: Home / Archives for law

law

24 July 2024

SA committed to addressing climate change

Location: News

SA committed to addressing climate change

The signing of the Climate Change Bill by President Cyril Ramaphosa into law, demonstrates South Africa’s commitment to address and respond to the global phenomenon that involves long term shifts in temperatures and general weather patterns. 

Minister of Forestry, Fisheries and the Environment, Dr Dion George, has welcomed the new law which sets out a national climate change response, including mitigation and adaptation actions, which also constitutes South Africa’s fair contribution to the global climate change response.

“The President’s signing of the climate Change Bill into law marks a significant milestone in our nation's commitment to addressing climate change. This legislation provides a comprehensive framework for climate action across all our society and economy. We are now poised to move forward with its implementation,” George said on Wednesday. 

The law also sets out to enhance South Africa’s ability and capacity over time to reduce greenhouse gas emissions, and build climate resilience, while reducing the risk of job losses, and promoting opportunities for new job opportunities in the emerging green economy.

The Act will strengthen coordination between national sector departments and provide policy setting and decision-making to enable South Africa to meet the commitments of the Nationally Determined Contribution (NDC) under the Paris Agreement. 

“Through the Act, we aim to show leadership and we look forward to collaborating with all stakeholders to ensure its equitable and ambitious implementation,” the Minister said.

Some of the key provisions of the Act include:

• Mitigation: Establishing a national greenhouse gas (GHG) emission trajectory, requiring several Ministers to develop and implement measures to address climate change through sectoral emission targets, and mandating major emitting companies to comply with mandatory carbon budgets.

• Adaptation: Involving cooperation with provincial and local governments and communities to address climate adaptation challenges.

The Act, in addition to establishing new processes and institutional arrangements, formalises and integrates existing measures to address both mitigation and adaptation. 

It also provides a “coordinated and integrated response by the economy and society to climate change and its impacts in accordance with the principles of cooperative governance,” in line with South Africa’s 2011 National Climate Change Response Policy.

The Minister has commended the role played by all South Africans in the formulation of the Act. 

“As we implement the Act, we welcome the active engagement of citizens, workers and businesses, to move to low-emissions and climate resilient development,” he said. – SAnews.gov.za

nosihle
Wed, 07/24/2024 - 11:08

442 views
Read moreSA committed to addressing climate change
24 July 2024

National Small Enterprise Amendment Act touted as gamechanger

Location: News

National Small Enterprise Amendment Act touted as gamechanger

The signing into law of the National Small Enterprise Amendment Bill by President Cyril Ramaphosa is expected to revolutionise the small business ecosystem.

“We are confident that the National Small Enterprise Act, as amended, will turn the tide in favour of small enterprises, by levelling the playing fields and enabling the provision of more integrated and effective financial and non-financial support to Micro, Small and Medium Enterprises (MSMEs) and co-operatives,” Minister of Small Business Development Stella Ndabeni-Abrahams said on Tuesday.

The Act establishes the Office of the Enterprise Ombuds Service, redefines and simplifies the term “small enterprises” and empowers the Minister to declare certain trading practices in relation to Micro, Small and Medium Enterprises (MSMEs) as unfair trading practices.

This streamlines the support services that government provides to MSMEs to broaden their participation in the economy in line with government’s commitment towards placing MSMEs at the centre of the reconstruction and recovery of the economy.

The new Small Enterprise Development Finance Agency (SEDFA) will drive economic transformation and inclusive growth in the economy through ensuring the provision of customised financial and non-financial support for MSMEs and cooperatives to enable them to play a strategic role in the value chains of various sectors of the economy.

“The Act also provides for the establishment of the Office of the Small Enterprise Ombud Services which will serve as an impartial mediator in the disputes, especially for small enterprises, thereby avoiding costly litigation processes.

“The lack of effective and affordable access to a justice mechanism for small enterprises has been a matter of grave concern to all in the small enterprise eco-system. Business-to-business disputes and the late and nonpayment of legitimate invoices remain a significant reality in the lives of small enterprises and cooperatives, with very real implications for their growth and sustainability,” the Minister said.

MSMEs will now avoid the litigation route, which is wearisome and costly, and use the alternative dispute resolution mechanism of the Ombud. 

“The determinations by the Ombud will be mandatory and binding. The provision will still be made within the act for review specifically on the grounds of illegality, procedural unfairness; or irrationality, thus still protecting the constitutional rights of all persons involved,” she said.

Unfair Trading Practices

The Act also enables the Minister to declare certain trading practices in relation to small enterprises as unfair trading practices on recommendation of the Ombud.

“It sets the parameters and procedures in terms of which the Minister, by notice in the Gazette, may declare certain practices in relation to small enterprises to be prohibited unfair trading practices.

“The unfair trading practices relate to exclusionary compliance requirements for small enterprises, retrospective changes to contracts, ambiguous contracts, sudden and unjustified termination of a commercial relationship or termination without reasonable notice to MSMEs and Cooperatives,” Ndabeni-Abrahams said. – SAnews.gov.za

nosihle
Wed, 07/24/2024 - 14:16

276 views
Read moreNational Small Enterprise Amendment Act touted as gamechanger
24 July 2024

Siyavela Impact Program launches to support CSI and NPO leaders

Location: MyPR

Johannesburg – 24 July 2024 – The Siyavela Impact Program, an initiative to support leaders across the corporate social investment and nonprofit sectors, launched with a spirited sundowner event at Emzini Restaurant in Westdene, Johannesburg, on Monday 22 July. The launch event brought together leaders from across the corporate world, nonprofit bodies and grassroots community …

Read moreSiyavela Impact Program launches to support CSI and NPO leaders
24 July 2024

Comparing Ultrasonic Water Meters with Traditional Mechanical Water Meters

Location: MyPR

In the realm of prepaid water metering, two main technologies dominate the market: ultrasonic water meters and traditional mechanical water meters. Each type comes with its own set of features, advantages, and disadvantages. In this article Straton Prepaid aims to provide a comprehensive comparison between the two, focusing specifically on their relevance to the South …

Read moreComparing Ultrasonic Water Meters with Traditional Mechanical Water Meters
24 July 2024

KZN Transport and SANTACO to meet over route disputes

Location: News

KZN Transport and SANTACO to meet over route disputes

The KwaZulu-Natal Transport Department is expected to hold a meeting with the South African National Taxi Council (SANTACO) and law enforcement officials to discuss and find lasting solutions to the ongoing disputes over taxi routes.

The meeting is scheduled for Thursday.

This comes after illegal taxi operators blocked a road in Mayiwane, Ulundi, on Monday morning, and the  blockaded the R34 in Empangeni Mill, on Tuesday morning.

The road in Empangeni was later re-opened following intervention by law enforcement agencies and the department.

KwaZulu-Natal Transport and Human Settlements MEC, Siboniso Duma, commended the consistent and bold leadership displayed by SANTACO regarding the management of a dispute over the Nkonjeni route and illegal taxi operations in the region.

The MEC has received a briefing from the Head of the Department, Siboniso Mbhele, and the team regarding the disputes over the taxi routes, dating back to over two years.

“The department’s interventions and enforcement of the law will be intensified to ensure stability,” Duma said, while also emphasising that the meeting will not only ensure that a long-lasting solution is reached, but will also mark the beginning of a new chapter for the benefit of local commuters who rely on public transport.

The MEC also commended law enforcement agencies and municipalities that are working closely with the department to ensure compliance with the laws and the by-laws.

“The safety of commuters and the public at large is our priority. In particular, as a department, we have a responsibility to protect the businesses of honest taxi operators from illegal taxi operators and other criminals who use the taxi industry to achieve their objectives.

“Having assumed my new responsibilities in the department, we will have standing meetings with SANTACO. This is an important stakeholder, as it represents more than 246 associations and 16 regions.”

He added that SANTACO is responsible for the socio-economic well-being of the province.

“Across South Africa, statistics show that the number of people using taxi services each day is more than 15 million, with an annual turnover of more than R40 billion. In addition, taxi operators spend more than R15 billion on fuel and more than R10 billion on vehicles, [and] spend more than R150 million buying tyres annually.” SAnews.gov.za
 
 
 

GabiK
Wed, 07/24/2024 - 12:54

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Read moreKZN Transport and SANTACO to meet over route disputes
24 July 2024

The Black Business Council (BBC) commends H.E. President Ramaphosa for signing into law the long-awaited Public Procurement Bill

Location: MyPR

The Black Business Council (BBC) commends H.E. President Ramaphosa for signing into law the long-awaited Public Procurement Bill. This is a historic moment in our democracy. In our view, this is the most important legislation, secondary only to the South African Constitution. This legislation will ensure that the state is able to set aside procurement …

Read moreThe Black Business Council (BBC) commends H.E. President Ramaphosa for signing into law the long-awaited Public Procurement Bill
24 July 2024

New law on climate change response welcomed

Location: News

New law on climate change response welcomed

The Presidential Climate Commission (PCC) has welcomed the signing of the Climate Change Bill by President Cyril Ramaphosa, into law.

“We welcome this ground-breaking legislation, which not only clearly sets out the functions of the PCC but outlines the role that provinces and municipalities will play in mitigation efforts, to ensure the realisation of the vision for effective climate change response and just transition to a climate-resilient and low-carbon economy and society,” PCC Commissioner and Executive Director, Dr Crispian Olver, said on Tuesday.

The Climate Change Act sets out the legal mandate for countrywide climate change response, to enable the alignment of South Africa’s climate change response policy and actions, including mitigation and adaptation actions, which also constitutes South Africa’s country fair contribution to the global climate change response. 

READ | SA’s response to climate change outlined in new law

While a few state departments and other government agencies have just transition outcomes explicitly outlined in their annual performance plans, the Act now clearly instructs every organ of state to review and if necessary, revise, amend, coordinate and harmonise their policies and measures, programmes and decisions in order to ensure that the risks of climate change impacts and associated vulnerabilities are taken into consideration.

Olver said the Climate Change Act is South Africa’s first comprehensive legislation to encourage the development of an effective climate change response.

“To enable the development of an effective climate change response and a long-term, just transition to a low-carbon and climate-resilient economy and society for South Africa in the context of sustainable development.

“Undoubtedly, any successful climate action effort will require alignment of major social-economic, environmental and governance policies. We are entering a new phase of climate action and we believe the Climate Change Act, will foster institutional coherence and enhance climate change adaptation governance across the national, provincial and local layers of government,” Olver said.

The Commission will contribute to strengthen its relations with government,  particularly the Department of Forestry, Fisheries and the Environment (DFFE) as well as the National Treasury in giving life to the Act and ensuring that a smooth evolution to a public entity. It will also strengthen the work of the commission and improve its partnership with stakeholders and other role-players. –SAnews.gov.za
 
 

nosihle
Wed, 07/24/2024 - 09:12

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Read moreNew law on climate change response welcomed
23 July 2024

Protesters block N12, demand toilets, water

Location: News

“Children as young as seven years old fight for water with old people”

Read moreProtesters block N12, demand toilets, water
23 July 2024

Tribunal urged to restore Makhubele’s dignity

Location: News

Judge was unfairly branded a criminal and a liar, says her lawyer

Read moreTribunal urged to restore Makhubele’s dignity
23 July 2024

Electricity system still vulnerable despite 120 days with no load shedding

Location: News

Electricity system still vulnerable despite 120 days with no load shedding

While this week marks 120 days without load shedding in South Africa, President Cyril Ramaphosa says it is too soon to claim victory.

“Our electricity system is still vulnerable, and we cannot yet rule out a possibility of further load shedding,” President Ramaphosa said on Tuesday. 

The President said this when he tabled the 2024/25 Presidency Budget Vote in Parliament. 

He told Members of Parliament (MPs) that one of the greatest impediments to economic growth has been the electricity crisis, which the Presidency has been instrumental in addressing. 

The National Energy Crisis Committee, which was established in 2022 to oversee the implementation of the Energy Action Plan, is chaired by the President and coordinated at a technical level by the Director-General in the Presidency. 

“With the support of the National Energy Crisis Committee, there has been a marked improvement in the performance of Eskom’s power stations, which produce the bulk of South Africa’s electricity.” 

WATCH | President Cyril Ramaphosa addresses the National Assembly during the tabling of the Presidency’s Budget Vote.

 

Meanwhile, he said regulatory changes have enabled substantial new investment in electricity generation. 

He announced that government has also been working closely with independent power producers (IPPs) in steering their projects through to the construction phase, contributing significantly to the reduction in the severity of load shedding. 

“We are going to continue working with companies, financial institutions and business organisations, both South African and international, during the course of our ambitious investment drive over the last five years.” 

According to the Head of State, alleviating load shedding, improving the performance of the logistics system, reducing the cost of data, improving water supply, attracting the much-needed skills, and the reforms already underway will provide a significant boost to the economy in the medium term.

“In addition, these reforms support the repositioning of strategic State-owned enterprises by strengthening their balance sheets and improving their operational performance, while also enabling higher levels of private investment in infrastructure.” 

READ | President: 100 days of no load shedding no reason to relax

Corruption

The President also touched on corruption and stated that government has made important progress in implementing the recommendations of the State Capture Commission. 

“This includes the work of our law enforcement agencies to bring perpetrators to justice and to recover stolen funds, as well as the legislative and other changes needed to strengthen the fight against corruption and prevent state capture.” 

In addition, he said the Presidency plays a pivotal role in ensuring that the work of the Special Investigating Unit (SIU) has an impact and that people involved in wrongdoing face the consequences of their actions. 

“The Presidency has forged a close working relationship with the SIU and law enforcement agencies to monitor the implementation of the recommendations for criminal, disciplinary and administrative action arising from SIU investigations,” he added. – SAnews.gov.za 

 

Gabisile
Tue, 07/23/2024 - 15:30

338 views
Read moreElectricity system still vulnerable despite 120 days with no load shedding
23 July 2024

President Ramaphosa Assents to National Small Enterprise Amendment Bill

Location: News

The Presidency of the Republic of South Africa
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President Cyril Ramaphosa has assented to the National Small Enterprise Amendment Bill which streamlines the support services government provided to small and medium businesses as part of broadening participation in the economy by a greater number of South Africans.

The National Small Enterprise Amendment Act signed by the President amends the National Small Enterprise Act of 1996 to establish a new entity, the Small Enterprise Development Finance Agency, which will incorporate the Small Enterprise Development Finance Agency (SEFA), the Small Enterprise Development Agency (SEDA) and the Cooperative Banks Development Agency (SEDFA).

SEDA and SEFA are currently located within the Department of Small Business Development.

The new Small Enterprise Development Finance Agency will function as a one-stop-shop for aspiring entrepreneurs and promote the development of the Co-operative Banking Institutions (CBIs).

The Act also establishes the Office of the Small Enterprise Ombud Service which may, as part of dealing with complaints, recommend that the Minister of Small Business Development declare certain practices in relation to small enterprises to be prohibited unfair trading.

Under the new law, the Minister may make regulations setting the criteria to determine the classification of micro, small and medium enterprises as well as any legislation affecting small enterprises.

Distributed by APO Group on behalf of The Presidency of the Republic of South Africa.

Read morePresident Ramaphosa Assents to National Small Enterprise Amendment Bill
23 July 2024

Have your say on proposed new sub-council boundaries

Location: News

Have your say on proposed new sub-council boundaries

Cape Town residents have one week left to submit their comments on the revised Sub-council by-law which proposes that the number of sub-councils operating in the metropolitan be reduced from 21 to 20 sub-councils.

The council has considered the listed sub-council boundaries with a view to creating greater synergy in service delivery by aligning sub-council boundaries with line departments’ service delivery areas and streamlining sub-council boundaries by reducing the number of sub councils from 21 to 20 as well as effecting fiscal prudence and contributing to budget austerity measures by reducing the number of sub councils. 

“With the ongoing budget cuts from National Government, it was decided that the boundaries of the sub-councils be reviewed, and that Alderman Matthew Kempthorne be appointed by the Executive Mayor to reconvene and lead a multi-party committee to relook the boundaries of the sub-councils,” City of Cape Town Speaker, Felicity Purchase said.

The multi-party committee comprising all the parties in council, met to provide input and proposals on the new boundaries for sub-council, where it concluded their deliberations and decided to submit a proposal for the new sub-council boundaries to council.

City’s Mayoral Member of Committee for Corporate Services, Theresa Uys, said during the council’s meeting on 12 June 2024, council decided to approve the proposal, as submitted by the multi-party committee, and thereafter advertise it to the broader community of Cape Town for comment.

“Once we have received public input, we will then submit these comments to the multi-party committee for consideration [and] the committee will then make a final recommendation to council,” Uys said.

The public comment will close on 30 July 2024, and the council will then decide on the proposed new boundaries of these sub-councils at the council meeting scheduled for 22 August 2024.

Additional information, including the draft by-law and the map depicting the new proposed sub-council boundaries, is available at www.capetown.gov.za/collaborate - SAnews.gov.za

GabiK
Tue, 07/23/2024 - 13:42

14 views
Read moreHave your say on proposed new sub-council boundaries
23 July 2024

Chair of the Subcommittee on Prevention of Torture Presents Annual Report to the Committee against Torture

Location: News

Office of the UN High Commissioner for Human Rights (OHCHR)
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The Chair of the Subcommittee on Prevention of Torture this morning presented the Subcommittee's seventeenth annual report to the Committee against Torture.

Suzanne Jabbour, Chairperson of the Subcommittee on Prevention of Torture, said that in 2023, the landscape within which the Subcommittee and the Committee operated had been significantly shaped by conflict, yet the commitment to the prevention of torture remained resolute. In 2023, the Subcommittee conducted eight official visits to the Philippines, Georgia, Guatemala, State of Palestine, Croatia, Madagascar, Kazakhstan and South Africa.

In 2024, the Subcommittee had already conducted visits to Gabon, Albania, Honduras and Mongolia, and planned to extend its efforts to Bolivia, Democratic Republic of the Congo, Greece and Nigeria throughout the rest of the year. Despite these efforts, the Subcommittee faced notable operational challenges, primarily stemming from resource limitations, as well as the prevailing liquidity crisis at the United Nations. The exchange of information between the Subcommittee and the Committee was a vital lifeline that enhanced operational efficiency.

In the ensuing discussion, Committee Experts asked about the impact of states of emergency and armed conflict on the work of the Committee, as well as how to encourage States to commit themselves to the principle of transparency.

The Committee against Torture will next meet in public this afternoon on Tuesday, 23 July at 4 p.m., for a follow-up discussion on articles 19 and 22 and on reprisals.

Statement by the Chair of the Subcommittee on Prevention of Torture

SUZANNE JABBOUR, Chairperson of the Subcommittee on Prevention of Torture, said the session this year took place in a year of special significance, the celebration of the fortieth anniversary of the Convention against Torture. In 2023, the landscape within which the Subcommittee and the Committee operated had been significantly shaped by conflict, yet the commitment to the prevention of torture remained resolute. Throughout the year, the Subcommittee had expanded its reach within the framework of the Optional Protocol to the Convention, with the accession of Côte d'Ivoire and the ratification by Slovakia, increasing the number of States parties to 93.

In 2023, the Subcommittee conducted eight official visits to the Philippines, Georgia, Guatemala, State of Palestine, Croatia, Madagascar, Kazakhstan and South Africa. These missions allowed the Subcommittee to identify repetitive issues and advocate for necessary reforms, including the establishment of national preventive mechanisms, actions to reduce prison overcrowding, and the modernisation of prison systems. In 2024, the Subcommittee had already conducted visits to Gabon, Albania, Honduras and Mongolia, and planned to extend its efforts to Bolivia, Democratic Republic of the Congo, Greece and Nigeria throughout the rest of the year.

During its visits in 2023, the Subcommittee had conducted more than 1,100 interviews with more than 3,500 persons, including detainees, officials, law enforcement personnel, and medical staff. The Subcommittee's approach was informed by the particular cultural, socio-economic, and institutional contexts of each country, enabling the Subcommittee to tailor advice to the different authorities. Despite these efforts, the Subcommittee had faced notable operational challenges, primarily stemming from resource limitations, as well as the prevailing liquidity crisis at the United Nations. Ms. Jabbour was pleased to have been informed that the Subcommittee would be able to proceed with planned missions to Nigeria, Democratic Republic of the Congo and Greece, as well as their third session.

Although not without challenges, the Subcommittee's visits yielded promising direct outcomes. During the recent visit to Honduras, the Subcommittee witnessed deeply troubling conditions in places of deprivation of liberty. While, the outlook was challenging, the Subcommittee's presence acted as a catalyst, possibly accelerating the appointment of the remaining commissioners of the national preventive mechanism. To provide comprehensive insights into the operational challenges, this year's report included annexes that addressed specific inquiries raised by national preventive mechanisms.

The Subcommittee continued to foster relationships with various United Nations bodies, regional organizations, and civil society stakeholders to bolster efforts in torture prevention. Notably, collaboration extended to the Global Alliance of National Human Rights Institutions during the International Conference on the Prevention of Torture held in Copenhagen. The publication of the Subcommittee's general comment no.1 on article 4 of the Optional Protocol to the Convention, adopted during their June session, would provide much-needed clarity to ensure comprehensive access for monitoring bodies, including national preventive mechanisms, in gaining access to places of deprivation of liberty.

The exchange of information between the Subcommittee and the Committee was a vital lifeline that enhanced operational efficiency. This synergy was further magnified by the Committee's role in advocating for the ratification of the Optional Protocol and the establishment of national preventive mechanisms by States. The expected adoption of the resolution by the Chairs of the treaty bodies this December to endorse the strengthening process would highlight the shared leadership between the Committee and the Subcommittee. Ms. Jabbour reasserted the Subcommittee's dedication to this cooperation and to the common goal, to prevent, and ultimately end, the use of torture and all forms of ill treatment.

Questions by Committee Experts

A Committee Expert said the Committee noted with appreciation the report of the Subcommittee and the publication of the general comment, clarifying the concept of places of deprivation of liberty. Effective coordination between the Committee and the Subcommittee was of vital importance. Transparency constituted a measure to prevent the risk of torture. The report indicated that by the end of 2023, 52 of the 82 visit reports had been made public, a total of 63 per cent. It was important to continue efforts to remain seized of this matter. Did the Subcommittee have further guidance to enhance commitments of States parties to upscale their efforts to commit themselves to the principle of transparency?

CLAUDE HELLER, Committee Chairperson, thanked Ms. Jabbour for presenting the report, which contained a great deal of substantive information. The report outlined the constraints being faced by the Committee and Subcommittee. The Committee and the Subcommittee played a pivotal role despite prevailing challenges. It was positive that the Subcommittee would be able to undertake a series of visits this year and hold their November session. This year, the Committee was commemorating the fortieth anniversary of the Convention. The issue of ratifications of the Optional Protocol should be highlighted. It was important that countries established national preventive mechanisms and facilitated visits to places of detention.

When the Subcommittee visited a State where there was a state of emergency in place, had they faced restrictions on their visits to places of detention? Many of the treaty bodies had been advocating for appropriate resources in light of the backlog of reports which needed to be reviewed by the Committees. How had this affected the Subcommittee with delays in conducting visits?

A Committee Expert said there were more than 100 armed conflicts in the world today. Could the Subcommittee work in the difficult circumstances of an armed conflict? Could they still undertake visits and visit detainees?

Responses by the Chair of the Subcommittee

SUZANNE JABBOUR, Chairperson of the Subcommittee on Prevention of Torture, said the work of the Subcommittee was built with the State on the principle of confidentiality. The presence of national preventive mechanisms could be a great added value to push for the publications of reports. The Subcommittee tried to have synergy with the national preventive mechanisms; they were their partners on the ground. Currently, States were less interested in human rights, particularly on issues relating to torture prevention. Other actors could also support the work of the Subcommittee, including the national human rights institutions.

The Subcommittee had faced the state of emergency issue in Palestine, where they had engaged with the authorities and the de-facto authorities. The Subcommittee had the obligation to respect how the United Nations engaged with de-facto authorities. Based on this, the Subcommittee failed to visit Gaza. The armed conflicts around the world put further responsibility on the Subcommittee. Because the Subcommittee had a proactive mandate, it believed that during armed conflicts, lifesaving actions were a priority, rather than preventive actions.

Distributed by APO Group on behalf of Office of the UN High Commissioner for Human Rights (OHCHR).

Read moreChair of the Subcommittee on Prevention of Torture Presents Annual Report to the Committee against Torture
23 July 2024

President Ramaphosa Assents to Public Procurement Bill

Location: News

The Presidency of the Republic of South Africa
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President Cyril Ramaphosa has signed into law legislation that 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 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.

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 acknowledgment 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.

The Act 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.

Distributed by APO Group on behalf of The Presidency of the Republic of South Africa.

Read morePresident Ramaphosa Assents to Public Procurement Bill
23 July 2024

President Ramaphosa Assents to Climate Change Bill

Location: News

The Presidency of the Republic of South Africa
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President Cyril Ramaphosa has signed into law the Climate Change Bill which sets out a national climate change response, including mitigation and adaptation actions, which also constitutes South Africa's fair contribution to the global climate change response. 

The Climate Change Act, as endorsed by the President, enables the alignment of policies that influence South Africa's climate change response, to ensure that South Africa's transition to a low carbon and climate resilient economy and society is not constrained by policy contradictions.

The law also sets out to enhance South Africa's ability and capacity over time to reduce greenhouse gas emissions, and build climate resilience, while reducing the risk of job losses, and promoting opportunities for new job opportunities in the emerging green economy.

The Act has the aim of strengthening co-ordination between national sector departments and provide policy setting and decision-making to enable South Africa to meet the commitments in Nationally Determined Contribution (NDC) under the Paris Agreement.

The National Determined Contribution is a set of commitments South Africa has made under the international Paris Agreement to reduce greenhouse greenhouse emissions as part of climate change mitigation. 

South Africa is one of more than 190 members of the United Nations Framework Convention on Climate Change who are parties to the eight-year-old Paris Agreement. 

South Africa's mitigation measures are a response to climate change impacts that are increasingly experienced across a number of sectors including water resources; agriculture and food production; forestry and fisheries; human health; energy generation; industry; human settlements and migration; disaster management; biodiversity and terrestrial ecosystems. 

These impacts will disproportionately affect poor communities and vulnerable groups and could affect South Africa's ability to meet its development and economic growth goals, including job creation and poverty reduction.

The Climate Change Act sets out the functions of the Presidential Climate Commission, which includes providing advice on the Republic's climate change response to ensure the realisation of the vision for effective climate change response and the long-term just transition to a climate-resilient and low-carbon economy and society.

The law also stipulates the role provinces and municipalities will play in mitigation efforts.

Distributed by APO Group on behalf of The Presidency of the Republic of South Africa.

Read morePresident Ramaphosa Assents to Climate Change Bill
23 July 2024

SA’s response to climate change outlined in new law

Location: News

SA’s response to climate change outlined in new law

President Cyril Ramaphosa has signed into law the Climate Change Bill, which sets out a national climate change response, including mitigation and adaptation actions, which also constitutes South Africa’s fair contribution to the global climate change response.

“The Climate Change Act, as endorsed by the President, enables the alignment of policies that influence South Africa’s climate change response, to ensure that South Africa’s transition to a low carbon and climate resilient economy and society is not constrained by policy contradictions,” the Presidency said on Tuesday.

The law also sets out to enhance South Africa’s ability and capacity over time to reduce greenhouse gas emissions, and build climate resilience, while reducing the risk of job losses, and promoting opportunities for new job opportunities in the emerging green economy.

“The Act has the aim of strengthening co-ordination between national sector departments and provide policy setting and decision-making to enable South Africa to meet the commitments in Nationally Determined Contribution (NDC) under the Paris Agreement.

“The National Determined Contribution is a set of commitments South Africa has made under the international Paris Agreement to reduce greenhouse emissions as part of climate change mitigation,” the Presidency said.

South Africa is one of more than 190 members of the United Nations Framework Convention on Climate Change who are parties to the eight-year-old Paris Agreement.

South Africa’s mitigation measures are a response to climate change impacts that are increasingly experienced across a number of sectors, including water resources; agriculture and food production; forestry and fisheries; human health; energy generation; industry; human settlements and migration; disaster management; biodiversity and terrestrial ecosystems.

“These impacts will disproportionately affect poor communities and vulnerable groups and could affect South Africa’s ability to meet its development and economic growth goals, including job creation and poverty reduction,” the Presidency said.

The Climate Change Act sets out the functions of the Presidential Climate Commission, which includes providing advice on the Republic’s climate change response to ensure the realisation of the vision for effective climate change response and the long-term just transition to a climate-resilient and low-carbon economy and society.

The law also stipulates the role provinces and municipalities will play in mitigation efforts. – SAnews.gov.za
  

nosihle
Tue, 07/23/2024 - 09:33

58 views
Read moreSA’s response to climate change outlined in new law
22 July 2024

Tribunal must decide who is telling the truth – Mlambo or Makhubele

Location: News

Final oral arguments heard on whether Makhubele is guilty of gross misconduct for allegedly chairing PRASA board after being appointed judge

Read moreTribunal must decide who is telling the truth – Mlambo or Makhubele
22 July 2024

Healthcare for all a top priority for government

Location: News

Healthcare for all a top priority for government

Equal access to affordable quality health care through the implementation of the National Health Insurance (NHI), is a key priority for the seventh administration, says President Cyril Ramaphosa.

“We are unwavering in our commitment to implement universal health coverage in a manner that brings all South Africans on board,” President Ramaphosa said.

The President was responding to the debate on the Opening of Parliament Address on Monday.

President Ramaphosa said government will continue with dialogues, exchanges and  interactions to make the NHI an important programme for the people.

The President also highlighted the country’s report to the United Nations, which noted reductions in maternal, infant and neonatal mortality, and that South Africans are living longer and have better health outcomes.

READ | Government pushes for affordable healthcare for all

The President delivered the Opening of Parliament Address on Thursday and the President’s speech was debated by political parties on Friday.

READ | President Ramaphosa signs NHI Bill into law

Education

On inclusive and equitable quality education, President Ramaphosa said the country has made progress with respect to functional literacy and numeracy at primary school level, and in primary school completion rates.

“Today, more South African children have access to Early Childhood Development (ECD) and Grade R, and secondary school education outcomes continue to steadily improve.

“The child support grant, no-fee schools and expanded NSFAS (National Student Financial Aid Scheme) funding have had a considerable impact on the lives of learners, particularly those from poor families.”

He said these social protection interventions, alongside others, including the Schools Nutrition and Sanitary Dignity Programmes, aimed at female learners, are helping to break the cycle of intergenerational poverty.

“They are enabling more children to complete their schooling and to access opportunities after they finish school. One need only look at last year’s matriculation exam results, where learners who were social grant beneficiaries achieved an 81 percent pass rate,” President Ramaphosa said.

While access to education expands the capabilities of young people, the President noted that it also improves the productive capacity of the economy.

“Our young people are competing with the world. This is a new world, one that is rapidly changing and being influenced by technological advances.

“A better educated, better skilled workforce makes our economy more competitive and catalyses growth.”

Greater investment in skills

President Ramaphosa also commended the call for greater investment in skilling young people for the economy of the future, and for young people to be familiar with emerging technologies.

“Science and technology is going to continue playing an important role in enabling our young people to play a key role in our economy,” President Ramaphosa said. – SAnews.gov.za

 

GabiK
Mon, 07/22/2024 - 12:22

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Read moreHealthcare for all a top priority for government
22 July 2024

We should act against lawyers who undermine the Constitution

Location: News

There are advocates who are skilled liars, dissemblers, manipulators and propagandists; they employ the implements of legal practice to bedevil and confuse and dismay - the judiciary and the profession should take action

Read moreWe should act against lawyers who undermine the Constitution
22 July 2024

Provision of basic services top of new administration’s agenda

Location: News

Provision of basic services top of new administration's agenda

The seventh administration will focus on extending the provision of basic services to those people who still do not have access to basic requirements and improving the reliability and affordability of delivery.

Responding to the debate on the Opening of Parliament Address (OPA) on Monday, President Cyril Ramaphosa said this will require measures to improve the efficiency of local government to deliver on its “crucial” mandate.

President Ramaphosa said the country has made progress in advancing towards the Sustainable Development Goals (SDGS) on the provision of basic services, highlighting that 84 percent of South African households now have access to piped water, while 71 percent have access to decent sanitation, and 94 percent of households have access to electricity.

He said Cooperative Governance and Traditional Affairs Minister Velenkosini Hlabisa’s determination that all municipalities receive the necessary administrative, technical and financial support for the services to be viable and stable, represents the seventh administration’s clear intention to improve the functioning of municipalities.

“We must address with urgency the governance and oversight challenges at local government level and the serious problem of municipal and consumer debt,” President Ramaphosa said.

WATCH | President Ramaphosa responds to the debate on the Opening of Parliament Address

On building and strengthening institutions, President Ramaphosa said government has made significant progress in deepening democracy during the last 30 years of freedom, through safeguarding human rights and fundamental freedoms.

The parties to the Government of National Unity (GNU) are in agreement on the importance of entrenching the country’s constitutional democracy and the rule of law.

“We will continue to exert our every effort to safeguard the independence of the judiciary, freedom of the media and the work of the institutions supporting democracy. We continue to entrench gender equality across all facets of society, and in promoting the full participation in society of persons with disabilities.

“We have enacted into law the Gender-Based Violence And Femicide (GBVF) Council, which will oversee and coordinate GBV programmes across government and in partnership with all stakeholders,” the President said.

He said an important focus of this work will be women’s economic empowerment, and on leveraging government’s policy of setting aside 40 percent of public procurement for women-owned businesses.

The President also noted that South Africa is a beacon of hope and progress when it comes to the rights of the lesbian, gay, bisexual, transgender, queer or questioning, intersex (LGBTQI+) community.

“These are all important aspects of our human rights culture,” President Ramaphosa said.

In the same breath, the President acknowledged the challenges that the country still faces. – SAnews.gov.za
 

GabiK
Mon, 07/22/2024 - 12:56

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Read moreProvision of basic services top of new administration’s agenda
21 July 2024

DWS calls on law enforcement to find culprits linked to Machitje’s death

Location: News

DWS calls on law enforcement to find culprits linked to Machitje's death

The Department of Water and Sanitation (DWS) has called for law enforcement agencies to leave no stone unturned in finding the culprits responsible for the murder of Sello Machitje.

The department said it has learnt with shock and sadness of the tragic passing of Machitje, who went missing after an alleged hijacking and abduction on 8 July 2024.

Machitje’s vehicle was later recovered on the same day in Alexandra township, Johannesburg.

The department was informed that Machitje’s lifeless body was discovered in an open field in Bekkersdal, Westonaria, on Thursday, 18, July 2024.

According to the department, on the day of his disappearance, Machitje, who a Deputy Director responsible for management accounting in the Water Trading Entity of the DWS, was traveling to the Eastern Cape on a work assignment.

“The department currently does not have further details, as the matter is being handled by the law enforcement authorities,” the department said in a statement.

The department conveys its condolences to Machitje’s family and loved ones, and the colleagues in the department.

The department has urged law enforcement agencies to leave no stone unturned in finding those responsible for this heinous deed.

“Out of respect for the family and to allow authorities to investigate this highly sensitive and tragic incident, DWS will not comment any further on the matter at this moment,” the department said. – SAnews.gov.za
 

GabiK
Sun, 07/21/2024 - 09:23

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Read moreDWS calls on law enforcement to find culprits linked to Machitje’s death
21 July 2024

South Africa welcomes ICJ advisory opinion on Israeli practices

Location: News

South Africa welcomes ICJ advisory opinion on Israeli practices

The Government of South Africa has welcomed the Advisory Opinion of the International Court of Justice (ICJ) on Israel practices, detailing the legal consequences arising from Israeli policies and practices in the occupied Palestinian territory, including East Jerusalem.

In its Advisory Opinion, which emanated from a request by the United Nations General Assembly on 30 December 2022, the court unanimously reaffirmed its jurisdiction on the matter, and that the State of Israel’s continued presence in the Occupied Palestinian Territory is unlawful under international law.

In a statement issued on Friday, the Department of International Relations and Cooperation (DIRCO) said the court was of the view that the effects of Israel’s policies and practices, and its exercise of sovereignty over certain parts of the Occupied Palestinian Territory, constitute an obstruction to the exercise by the Palestinian people of their right to self-determination.

“This includes Israel’s annexation of parts of the Occupied Palestinian Territory, the fragmentation of this territory, undermining its integrity, the deprivation of the Palestinian people of the enjoyment of the natural resources of the territory and its impairment of the Palestinian people’s right to pursue its economic, social and cultural development,” the department said.

South Africa was amongst 49 Member States of the United Nations, which delivered a statement to the ICJ in February 2024 on the matter.

In summary, the ICJ concluded that:

•    The State of Israel’s continued presence in the Occupied Palestinian Territory is unlawful;
•    The State of Israel is under an obligation to bring to an end its unlawful presence in the Occupied Palestinian Territory as rapidly as possible;
•    The State of Israel is under an obligation to cease immediately all new settlement activities, and to evacuate all settlers from the Occupied Palestinian Territory; the State of Israel has the obligation to make reparation for the damage caused to all the natural or legal persons concerned in the Occupied Palestinian Territory;
•    All States are under an obligation not to recognise as legal the situation arising from the unlawful presence of the State of Israel in the Occupied Palestinian Territory and not to render aid or assistance in maintaining the situation created by the continued presence of the State of Israel in the Occupied Palestinian Territory;
•    International organisations, including the United Nations, are under an obligation not to recognize as legal the situation arising from the unlawful presence of the State of Israel in the Occupied Palestinian Territory; and
•    The United Nations, and especially the General Assembly, which requested the opinion, and the Security Council, should consider the precise modalities and further action required to bring to an end as rapidly as possible the unlawful presence of the State of Israel in the Occupied Palestinian Territory.

Responding to the Court’s Advisory Opinion, International Relations and Cooperation Minister, Ronald Lamola, said the ICJ ruling affirms South Africa’s long-standing position that the occupation by Israel of Palestinian territory remains unlawful under international law.

“The international community must act to bring an immediate end to the occupation and the gross violations of international humanitarian and human rights law being perpetrated by Israel against the Palestinian people. There is now an additional legal obligation for all States to end complicity in Israel’s illegal actions and to act to ensure respect for international law,” Lamola said.

Lamola said South Africa attaches particular importance to the Court’s finding that Israel is in violation of Article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), which provides that “States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction”.  

He said the court’s finding reaffirms that the Israeli Government is guilty of practicing the crime of Apartheid.

“As the court put it: The Court observes that Israel’s legislation and measures impose and serve to maintain a near-complete separation in the West Bank and East Jerusalem between the settler and Palestinian communities. For this reason, the Court considers that Israel’s legislation and measures constitute a breach of Article 3 of CERD,” Lamola said. – SAnews.gov.za

GabiK
Sun, 07/21/2024 - 10:15

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Read moreSouth Africa welcomes ICJ advisory opinion on Israeli practices
21 July 2024

Warning against electricity scammers

Location: News

Warning against electricity scammers

The City of Cape Town has urged residents to be aware of scammers pretending to work for the city to gain access to the residents’ homes.

The city’s Electricity Generation and Distribution Department said its teams have been made aware of scammers in Sanddrift, where a resident recently reported to the city that two scammers visited her home claiming to work for the city’s Electricity Department to check on electricity prepaid meters in the area.

“Once the resident allows the scammers access to their home, they proceeded to steal items while the resident is not looking. These incidents happen far too often, and we ask residents to always be alert, especially our elderly residents,” sait the city’s Mayoral Committee Member for Energy, Xanthea Limberg.

While the city’s electricity staff and contractors are in neighbourhoods to do legitimate meter readings and other work, Limberg urged residents to always be alert and to verify the official’s identity with the city before allowing officials access to their property.

“Residents are urged to verify the official’s identity and work order number with the city before giving them access to their homes. All legitimate city staff and contractors will identify themselves before asking for access for legitimate city related electricity work.

“The identification card must display the city logo, the name and surname of the staff member or mandated contractor and must contain an embedded photo of the staff member or mandated contractor. If unsure, please contact the city’s call centre,” Limberg said. 

Limberg also urged the residents refrain from any type of aggressive action, including threats or intimidation of legitimate city staff and contractors doing meter reading or other critical electricity infrastructure work in their neighbourhoods.

To verify the work order, contact the city’s call centre on 0860 103 089. To report suspicious behaviour, contact 0800 1100 77.

Tips for residents:
•    Always verify the work order number when an official visits your home. 
•    Check the official’s city-issued identification card. 
•    The ID card must display the city logo, the name and surname of the staff member or mandated contractor and must contain an embedded photo of the staff member or mandated contractor.
•    If unsure, call the city’s call centre on 0860 103 089.
•    Report suspicious behaviour to the city’s law enforcement agencies or to the SAPS. – SAnews.gov.za

GabiK
Sun, 07/21/2024 - 10:46

345 views
Read moreWarning against electricity scammers
21 July 2024

President Ramaphosa Signs Pension Funds Amendment Bill into Law

Location: News

The Presidency of the Republic of South Africa
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President Cyril Ramaphosa has assented to the Pension Funds Amendment Bill which amends pension-related legislation to enable the implementation of the recently legislated two-pot retirement system, geared towards bolstering retirement savings.

The new Pension Funds Amendment Act amends the Pension Funds Act of 1956, the Post and Telecommunications-Related Matters Act of 1958, the Transnet Pension Fund Act of 1990 and the Government Employees Pension Law of 1996.

The law provides for the introduction of the savings withdrawal benefit; the appropriate account of a member's interest in the savings; retirement and vested components, and the deductions that may be made.

The Act requires pension funds to amend their rules, adjust their investment portfolios and prepare administrative systems for pension fund members to apply to access portions of their pension funds from 1 September 2024.

This law complements the Revenues Laws Amendment Act, 2024 (Act No. 12 of 2024), which was signed by the President on 11 June 2024.

Government has proposed a reform to the retirement saving regime, which will see the introduction of the “two-pot” retirement system. From the proposed date of 1 September 2024, one-third of retirement contributions will be split into a savings component and two-thirds into a retirement component.

What is in the “savings component” will be available for withdrawal at any time before retirement. The ability to unconditionally access amounts from the “savings component” will be provided without the member having to cease employment or having to resign. A member will be allowed to make a single withdrawal within a year of assessment.

The minimum withdrawal amount is R2 000. The ability to withdraw from the “savings component” will be applicable on a per fund or per contract basis.

Withdrawals from the “savings component” will be added to the individual's taxable income and will be taxed at their marginal tax rates.

Retirement funds will on or soon after 1 September 2024, be required to create another component known as the “retirement component”, which will be housed within the current retirement fund.

Individuals will be required to contribute an amount of two-thirds of the total individual retirement fund contributions to the “retirement component”.

The assets in the “retirement component” will be required to be preserved until retirement (i.e. withdrawals from this component can only be accessed by the member upon retirement as per the fund rules).

Once a member has reached retirement age and retires, the “retirement component” is to be paid in the form of an annuity (including a living annuity).

This dispensation gives members of retirement funds access to retirement savings without having to resign or cash out entire pension funds.

Distributed by APO Group on behalf of The Presidency of the Republic of South Africa.

Read morePresident Ramaphosa Signs Pension Funds Amendment Bill into Law
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