You are here:   Home | Business Resources | Legal & Contractual

Legal & Contractual

Print PDF

 Legal-and-Contractual

Learn all about contracts and the law and how to use them easily in your business.

Articles

POPI Act

Consent in terms of the Protection of Personal Information Act 4 of 2013 (POPI Act).

 

Business Engage Association NPC has a large database of members, ex members, potential members, customers, associates and the like.  In order to communicate with you in the future and advise you of any offerings, services or events that we or our associates and partners may have, we are over the course of 2014 seeking your consent to continue such communication.   

We request that at your convenience that you reply to any e mail that you receive from Business Engage simply with the words “POPI Consent” in either the title or the text. In terms of the Act responsible parties are required to be fully compliant within one year of the commencement date of the Act (at the time of this request the commencement date has still to be set). Consent may be withdrawn at any time by sending the words” POPI Stop” to the same e mail address from which you have received communication.

 
Trademarks

Are you aware that enterprise registration does NOT give you protection to use your enterprise name as a TRADE MARK?

To protect your trade mark you need to lodge a separate application for a trade mark registration.

What is a trade mark?
A trade mark is a brand name, a slogan, a logo, or any combination hereof that you use in trade, to distinguish your business and the goods you sell or the services you provide, from the goods or services of others.

Login To Read More
 
Proposed Labour Amendments - pipe dreams or pipelines to efficiency?

By Dyonne Modlin of Viljoen Consulting/Lateral Labour.   Contact dyonne@viljoenconsulting.co.za.

 

So, what is all the fuss about?

The proposed labour amendments work on a need to know basis and the reality is that if you are in business you are going to need to know the impact of the four bills published on the 17th December 2010 by the Minister of Labour.  These bills, in the form of Labour Relations Amendment Bill, the Basic Conditions of Employment Bill, Employment Equity Bill and the Employment Services Bill are set to be promulgated in February 2011 and will significantly affect the labour arena.

The proposed amendments to the Labour Relations Act primarily address the following areas:

Login To Read More
 
Ouch or not so ouch? The procedures relating to Workmen's Compensation

By Dyonne Modlin of Viljoen Consulting/Lateral Labour.   Contact dyonne@viljoenconsulting.co.za.

 

Injuries on duty constitute the “stuff” that most employers have nightmares about.  All injuries on duty or diseases contracted during the course of employment  are covered by the Compensation for Occupation Injuries and Diseases Act (COIDA) of 1993 (amended in 1997) which determines how (and by whom) the fund is administered and whether employee are eligible for compensation.

At this juncture…. most small employers and start-ups are asking “Does this really apply to me?”  The most probable answer is yes, so step one is to take a deep breath and read the below to find out for certain:

The Compensation for Occupational Injuries and Diseases Act applies to:

  • all employers; and
  • casual and full-time workers who, as a result of a workplace accident or work-related disease:
  • are injured, disabled, or killed; or
  • become ill.
Login To Read More
 
The ABC’s of EE, SD and other Acronyms...….

By Dyonne Modlin of Viljoen Consulting/Lateral Labour.   Contact dyonne@viljoenconsulting.co.za.

 

The Employment Equity Act and Skills Development Act are not as difficult to comply with as many employers believe (or as many consultants would have them believe?) and can both be reduced to three basic elements.

Login To Read More
 
Alcohol and the Workplace

By Dyonne Modlin of Viljoen Consulting/Lateral Labour.   Contact dyonne@viljoenconsulting.co.za.

 

There are two ways in which alcohol abuse can be viewed within the South African Labour Law context and it will not always amount to misconduct for example if an employee is an alcoholic he or she may not necessarily be at fault because alcoholism is recognised as a diagnosable and treatable disease and may therefore be regarded as a form of incapacity which requires counselling and rehabilitation rather than disciplinary action.

Alcohol abuse or being under the influence of alcohol (whether it was “the night before” or “cough mixture”) at the workplace can also be viewed as serious misconduct . There is a vast source of case law on dismissals for this type of offence, addressing dismissals arising from incapacity issues and dismissals arising from misconduct. When alcohol consumption at the workplace is an act of misconduct, it is obvious that dismissal may result if the employee is found guilty after the employer has followed a fair procedure.

Login To Read More
 
Stealing Content & Ideas

By Nikki Viljoen – Viljoen Consulting CC September 2011


I was asked the other day whether I had ever ‘stolen ideas and/or content”? To be quite honest I was gob smacked!  Now I can see you all shaking your heads and wondering if I have lost all of my marbles!

Here’s the thing, more often than not, (probably around 99.9999% of the time), something that I have heard or something that I have seen or something that I have read about, has sparked an idea for an article, in my mind.

Logic must tell you that it would be impossible for me to actually experience every single thing that I write about.  Of course that does not mean that I cannot write about the lesson that needs to be learnt or in fact learn the lesson from someone else myself.

Login To Read More
 
Two New Legislative Requirements for Small Business Owners

The first is the PAIA Act or Promotion of Access to Information Act – Section 51

In around 2008, many SME’s (Small, Medium Enterprises) were granted a reprieve until December 2011.  Well it’s now December 2011 and in terms of the law our PAIA manuals have to be completed and in by 31st December 2011.

In terms of Section 32 of the Constitution of the Republic of South Africa, Act 108 of 1996, the PAIA legislations creates the framework to the right to access information.  The purpose of this legislation is to promote a culture of transparency, accountability and good governance both in the public and the private sectors.  The Act therefore, places specific compliance requirements on both state institutions and the private sector.

PAIA gives the requester the right to lodge a request from the information office (usually the head of the company) of a private body.  A private body as defined in the Act includes juristic bodies.

Login To Read More
 
EARLY WARNING Legal Notices - Amendments

By Nikki Viljoen – Viljoen Consulting January 2011.


I got this information directly off an AA Newsletter.  It says (sic):

The National Road Traffic Regulations have been amended.

The amendment is in Government Gazette 33796, Notice number 1113 published on 25 November 2010. It is called the Seventeenth Amendment and came into force on publication. A few of the amendments are listed for your information:

Login To Read More
 
EARLY WARNING All About Procurement Fraud – Part 1

By Nikki Viljoen – Viljoen Consulting December 2012.

 

I have decided that going forward, not only will the “Early Warning” section be used to highlight some of the negative things that are currently happening, but it will also be used proactively to try and avoid the negative things from happening. In this particular case “Procurement Fraud”.  It is quite a large topic so as usual when this happens, it will be segmented into smaller parts.

 

So . . .  let’s start at the beginning – What is Procurement?

Login To Read More
 
What is Condonation?

By Nikki Viljoen of Viljoen Consulting CC March 2012

 

The Merriam-Webster dictionary says that ‘condonation’ is:

“Implied pardon of an offense by treating the offender as if it had not been committed”.

 

Condonation in terms of labour is when an employee fails to refer a dispute to the CCMA (Committee for conciliation, mediation and arbitration), within the 30 day time period.

Login To Read More
 
Negotiating Contracts Part 1 Introduction

This is the first in a series aimed at equiping the SME with the right tools to tender, negotiate or quote and then successfully negotiate the contract. In Part 1 we set the scene as to how you change your mindset.

Login To Read More
 
Negotiating Contracts Part 2 Tenders Negotiations and Quotes

In Part 2 of this series we look at tenders, negotiations and quotes. They are all variations of a process to be awarded a contract.

Download Document

 

 
Negotiating Contracts Part 3 Contracts

We have looked at the first part of the process in tendering, negotiating or quoting. You are going to be awarded the contract. Now what?

Download Document

 
Negotiating Contracts Part 4 General

In the final part of this series we look briefly at other general aspects.

Download Document

 

 
Consumer Protection Act - General Consumer Rights

Your rights as a consumer. Do not forget that includes businesses that do not turnover more than R2m per year.

Download Abridged Section of Act

 
Consumer Protection Act Franchises

How the Consumer Protection deals with franchises.

Download Abridged Section of Act

 
Consumer Protection Act - Auctions

How the CPA protects you when buying at an auction.

Download Abridged Section of Act

 

 
Companies Act 1 Definitions

Definitions of the Companies Act

Download Abridged Section of Act

 
Companies Act 2 Starting A Company

All the sections of the act that involves what you need to know when starting a company.

 Download Abridged Section of Act

 
Companies Act 3 Running A Company

You have started your company. Now what does the act say about the ongoing running of the company.

Download Abridged Section of Act

 

 
Companies Act 4 Directors

Everything that you need to know about being a director. It also applies to members of close corporations.

Download Abridged Section of Act

 
Companies Act 5 Shares and Securities

All about shares and securities. Nothing about going public.

Download Abridged Section of Act

 
Companies Act 6 Remedies and Enforcement

What your rights and obligations are, and how they are policed.

Download Abridged Section of Act

 

 
Companies Act 7 Winding Up A company

Hopefully you never have to read this section.

Download Abridged Section of Act

 
Companies Act 8 - Business Rescue

This is brilliant! If you are a good business but you are having short terms problems this will help you out. It can stop all legal action and give you time to get back on your feet. Please read. If you need any more information on this section please contact us. 

Download Section of Act

 
Promotion Of Access To Information Act

The PAIA Act aims to give effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights.

Download Abridged Act

 

 
FICA Act

The Financial Intelligence Centre Act (FICA) regulates our interaction with financial institutions as consumers and business. The act itself is about twenty pages long, but we are only concerned with a total of three pages, the rest mostly relates to the financial institutions. 

Download Abridged Act

 
Protection From Harassment Act

Ladies if you are in an abusive relationship you need to read this and the Domestic Violance Act.

Download Abridged Act

 
Domestic Violance Act

Ladies if you are in an abusive relationship you need to read this and the Protection from Harassment Act.  Download Abridged Act

 
Code Of Banking Practice

We all have bank accounts, either perosnal, business or both. But do we know the rules that we are playing by?

Login To Read More

 

 

Contact Details


Business Engage
National
Colleen Larsen
Cell: +27 84 353 9865

Contact us online

Connect with us


Connect with us via a selection of popular social media, networks and other platforms.

Submit to LinkedIn Business Engage
Submit to LinkedIn @businessengage
Submit to LinkedIn LinkedIn

About Us


Business Engage is an exciting and inventive South African based organisation at the forefront of strategic thinking on gender mainstreaming in the private sector. The aim of Business Engage is to enable individuals (both men and women) and companies to maximise their growth and profits through its diverse offerings that include networking, mentorship, training, collaboration, entrepreneurship development and support.

Read more...