This newsletter highlights the latest statutory amendments, enactments, caselaw, notices and ancillary developments relevant to the SERR Synergy products and services for the month.

B-BBEE
EMPLOYMENT EQUITY

President Cyril Ramaphosa announces appointment of a new B-BBEE Advisory Council

In the President’s weekly newsletter dated 30 May 2022, he announced the appointment of a new Broad-Based Black Economic Empowerment (B-BBEE) Advisory Council to take ‘broad-based black economic empowerment forward’. This council comprises government, business, labour and other stakeholders and was established in terms of section 4 of the Broad-Based Black Economic Empowerment Act 23 of 2003 (B-BBEE Act) to advise the government on economic transformation.

The President avers that while there has been significant progress over the last two decades, there are some areas where there has been regression. He opines that South Africa has gone backwards when it comes to increasing black management control, upscaling skills development, entrenching enterprise development and broadening procurement to give opportunities to black women and the youth.

He concludes his newsletter by stating that the ‘appointment of the new B-BBEE Council will help us to expand the frontiers of broad-based black economic empowerment, [and] call[s] on business, labour and industry to work with the council as it undertakes this vital work’.

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Caselaw

In the Pretoria High Court, SERR Synergy (Applicant) brought an application against the South African National Accreditation System (SANAS) (First Respondent) and the Minister of Trade, Industry and Competition regarding a directive issued by SANAS dated 6 April 2021 entitled ‘Clarity on Measurement Period’, to have it declared unlawful. On 22 March 2022, the Court ordered that the aforesaid directive issued by SANAS is unlawful, reviewed and set aside.

Furthermore, the Court declared that SANAS has no power in terms of the BEE Act or any other legislative instrument to prescribe the measurement period that must be taken into account when verifying an enterprise’s compliance with the BEE Act or the Codes of Good Practice under the BEE Act.

The effect of this Order is that verification agents are not bound by the unlawful directive of SANAS to only verify measured entities of financial statements not older than 12 months.

Employment Equity Act, 1998 (Act No. 55 of 1998)

The Minister of Employment and Labour, Thulas Nxesi, in Government Gazette No. 46322 dated 6 May 2022, published the register maintained in terms of section 41 of the Employment Equity Act (EEA) of designated employers which have submitted employment equity reports in terms of section 21 of the EEA.

The above Government Gazette can be requested by SERR Synergy Training and Skills Development Facilitator (SDF) clients from the SERR Synergy Training and SDF Departments.

Cancellation notice, cancelled or registration of Trade Unions:

The Registrar of Labour Relations, Lehlohonolo Daniel Molefe, in Government Gazette No. 46323 dated 6 May 2022, gave notice of the intention to cancel the registration of the Transport Retail and General Workers Union (THORN) (LR2/6/2/442) and invited interested parties to submit comments as to why the registration should not be cancelled or objections on this matter within 60 days from the publication date of this Government Gazette.
The Deputy Registrar of Labour Relations, Mongwadi Mary Ngwtjana, in Government Gazette No. 46345 dated 10 May 2022, gave notice of the intention to cancel the registration of Laundry and Allied Workers Union of South Africa (LR2/6/2/165) and invited interested parties to submit comments as to why the registration should not be cancelled or objections on this matter within 60 days from the publication date of this Government Gazette.
The Deputy Registrar of Labour Relations, in Government Gazette No. 46346 dated 10 May 2022, gave notice of the intention to cancel the registration of Cape Town and District Laundry Cleaners and Dryers Association (LR2/6/3/31) and invited interested to submit comments as to why the registration should not be cancelled or objections on this matter within 60 days from the publication date of this Government Gazette.
The Registrar of Labour Relations, in Government Gazette No. 46388 dated 20 May 2022, cancelled the registration of Blackpower Emancipation Allied Workers Union of South Africa (BEAWUSA) (LR2/6/2/2713) with effect from 13 May 2022.
The Deputy Registrar of Labour Relations, in Government Gazette No. 46415 dated 26 May 2022, gave notice of the intention to cancel the registration of Security Cleaning Manufacturing and Allied Workers Union (LR2/6/2/1152) and invited interested parties to submit comments as to why the registration should not be cancelled or objections on this matter within 60 days from the publication date of this Government Gazette.
The Registrar of Labour Relations, in Government Gazette No. 46422 dated 27 May 2022, confirmed that the South African Vulnerable Workers Union (SAVWU) (LR 2/6/2/3282) was registered as a trade union as from 13 May 2022.
The Registrar of Labour Relations, in Government Gazette No. 46423 dated 27 May 2022, gave notice of the intention to cancel the registration of Finance Union of Workers (FUWO) (LR 2/6/2/2707) and invited interested parties to submit comments as to why the registration should not be cancelled or objections on this matter within 60 days from the publication date of this Government Gazette.
The Deputy Registrar of Labour Relations, in Government Gazette No. 46427 dated 27 May 2022, gave notice of the intention to cancel the registration of South African Liberated Public Sector Workers Union (SALIPSWU) (LR 2/6/2/2391) and invited interested parties to submit comments as to why the registration should not be cancelled or objections on this matter within 60 days from the publication date of this Government Gazette.
The Deputy Registrar of Labour Relations, in Government Gazette No. 46450 dated 30 May 2022, gave notice of the intention to cancel the registration of Influential Information and Communication Union of South Africa (IICUOSA) (LR2/6/2/2279) and invited interested parties to submit comments as to why the registration should not be cancelled or objections on this matter within 60 days from the publication date of this Government Gazette.
The Deputy Registrar of Labour Relations, in Government Gazette No. 46451 dated 30 May 2022, gave notice of the intention to cancel the registration of Medunsa United Staff Union (MUSU) (LR2/6/2/765) and invited interested parties to submit comments as to why the registration should not be cancelled or objections on this matter within 60 days from the publication date of this Government Gazette.
The Deputy Registrar of Labour Relations, in Government Gazette No. 46452 dated 30 May 2022, gave notice of the intention to cancel the registration of Transport and Allied Workers’ Union of South Africa (LR2/6/2/130) and invited interested parties to submit comments as to why the registration should not be cancelled or objections on this matter within 60 days from the publication date of this Government Gazette.
The Deputy Registrar of Labour Relations, in Government Gazette No. 46453 dated 30 May 2022, gave notice of the intention to cancel the registration of Butholicca Social Justice for All Workers Union (BUSJU) (LR2/6/2/1970 and invited interested parties to submit comments as to why the registration should not be cancelled or objections on this matter within 60 days from the publication date of this Government Gazette.

Bargaining Councils:

The Registrar of Labour Relations, Lehlohonolo Daniel Molefe, in Government Gazette No. 46322 dated 6 May 2022, gave notice that the scope of the Furniture Bargaining Council had been varied.
The Minister of Employment and Labour, in Government Gazette No. 46380 dated 20 May 2022, declared that the National Bargaining Council of the Leather Industry of South Africa (agency shop collective agreement) shall be extended to non-parties in that industry until 30 June 2027.

The Minister of Employment and Labour published the extension to non-parties of the following Collective Agreements of the Bargaining Council for Civil Engineering Industry (BCCEI):

Consolidated Conditions of Employment Collective Agreement in Government Gazette No. 46423 dated 27 May 2022.
Consolidated Wage and Task Grade Collective Agreement in Government Gazette No. 46423 dated 27 May 2022.
Consolidated Exemptions Collective Agreement in Government Gazette No. 46423 dated 27 May 2022.

The Minister of Employment and Labour published the cancellation of the extension to non-parties of the following Collective Agreements of the Bargaining Council for Civil Engineering Industry (BCCEI):

Exemptions Collective Agreement published in Government Notice No. R1642 in Government Gazette No. 45696 dated 24 December 2021 (in Government Gazette No. 46423 dated 27 May 2022).
Conditions of Employment Collective Agreement published in Government Notice No. R1640 in Government Gazette No. 45696 dated 24 December 2021 (in Government Gazette No. 46423 dated 27 May 2022).
Wage and Task Grade Collective Agreement published in Government Notice No. R1605 in Government Gazette No. 45645 dated 17 December 2021 (in Government Gazette No. 46423 dated 27 May 2022).

The above documentation can be requested by SERR Synergy Labour Pro clients from the Labour Department.