VN September 2023

September 2023 29 - Companies Act, No. 71 of 2008. Please remember that the relevant sections also apply to closed corporations. - Labour legislation, specifically the Basic Conditions of Employment Act, No. 75 of 1997, and the Occupational Health and Safety Act, No. 85 of 1993. - Legislation governed by the South African Revenue Services. - The Promotion of Access to Information Act, No. 2 of 2000 (“PAIA”) and the Protection of Personal Information Act, No. 4 of 2013 (“POPI”) both fall under the authority of the Information Regulator. - The Competition Act, No89 of 1998 deals with fair competition and protects consumers against unreasonable business practices. - The Consumer Protection Act, No. 68 of 2008 aims at providing consumers with a fair accessible, and sustainable marketplace. Identify a Responsible Person Legislation changes and is updated frequently. The best way for a practice to keep abreast with changes and ensure compliance with legislation is to task an individual in the practice with this responsibility. Identify someone who has an interest in legislation. This person should have authority in the practice such as a practice manager, or partner in the company. Make sure that it is incorporated as part of the person’s duties and that sufficient time is allocated for the person to attend to this task regularly, at least monthly. This person should develop internal policies and procedures to make sure that the practice adheres to the legal requirements. Provide Training It seems logical that staff should be trained on all legal aspects of relevance to them in their working environment. If they all have the necessary knowledge, it reduces the risk of any transgressions. More than that, it is also a legal requirement in terms of some acts that employees must receive training. Employers must keep records of such training and provide proof thereof if requested by the relevant authorities. Two examples of this are the requirement to provide training on the hazards that employees are exposed to in terms of the Occupational Health and Safety Act, and the requirement to train employees on the requirements of the POPI Act. Training can be provided by the person responsible for keeping abreast of the legislation. Specialists in various fields, such as occupational health and safety can provide in-house training. Another useful resource is online training which may even be free sometimes. Whichever method is used, make sure that there are records to prove that people attended the training. It is a good idea to include a clause in employment contracts which stipulates that employees should attend and comply with the required training provided by the practice. If you have any questions in this regard, please feel free to contact me at trudie@legalvetservices.co.za v Legal Mews