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Fasken Martineau Expands in Africa

Fasken Martineau completes merger with leading South African law firm Bell Dewar

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Publications

The Protection of Personal Information Act 4 of 2013: The commencement of section 1, Part a of Chapter 5 and sections 112 and 113
Government Gazette notice proclaiming the commencement of important sections of the Protection of Personal Information Act 4 of 2013
April 14, 2014
An employer's right to substitute a decision in respect of the sanction to impose made by the Chairperson of a disciplinary hearing
In the matter South African Revenue Services v Commission for Conciliation, Mediation & Arbitration and Others, the Labour Appeal Court was required to consider whether the Appellant, SARS, in its capacity as employer was entitled to substitute a sanction short of dismissal imposed on its employee by an independent disciplinary tribunal appointed in terms of a collective agreement, with the sanction of dismissal, in circumstances where the collective agreement was silent on the issue of substitution.
20/03/2014
Proposed changes to the Exemption Provisions in the EIA Regulations
Draft regulations governing the lodging and processing of exemption exemptions in terms of the EIA Regulations.
11/03/2014
Planned Amendments to the National Water Act are set to aid the Mining Sector

The National Water Amendment Bill (“the Bill”) has been introduced by the Portfolio Committee on Water and Environmental Affairs and is currently before Parliament.

The purpose of the Bill is to amend the National Water Act 36 of 1998 (“NWA”), with a focus on provisions in the NWA relating to prospecting, exploration, mining and production activities and matters related to these activities.

February 25, 2014
Construction Regulations 2014

The Minister of Labour published new Construction Regulations on 7 February 2014 (“the Regulations”), which repeal and replace the 2003 Construction Regulations.

 

The Regulations commenced on the date of publication except for certain provisions predominantly relating to the new construction work permit requirements that only come into operation in 18 months’ time.  It means that the Regulations immediately apply to all existing and on-going construction work.

February 14, 2014
REIPP Round 4 Environmental Deadlines and Requirements
On Friday 7 February 2014 the Department of Environmental Affairs (DEA) issued a notice regarding the submission of Renewable Energy Independent Power Producers Procurement Programme Bid Window 4 (18 August 2014) Final Reports for decision-making.
February 12, 2014
Directors held personally responsible for Environmental Damage

On 31 January 2014 the Limpopo Naphuno Regional Court handed down judgment against Matome Maponya, the managing director of Blue Platinum Ventures – a mining operation in Tzaneen, Limpopo for failing to comply with the relevant environmental laws. This is the first time the provisions relating to director liability in the National Environmental Management Act 107 of 1998 have been enforced in South Africa.

February 06, 2014
VAT: Draft Electronic Services Regulation published for Public Comment

As from 1 April 2014 foreign suppliers of electronic services to South African residents (or where payment for such services originates from a South African bank) will be required to register as South African Vat vendors where such supplies exceed R50 000 within a 12 month period (please see our Tax Bulletin dated 19 December 2013 in this regard).

February 06, 2014
Mining Companies & Surrounding Communities – Barrier or Benefit?
Mining Bulletin
January 8, 2014
South Africa: With Effect from 1 April 2014 Vat Registration Will Be Required for Foreign Suppliers of E-Commerce Services
Tax Bulletin
December 19, 2013
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