5 new laws that will impact business in South Africa

Whether your business is big or small, it would be wise to keep track of new laws that can potentially affect your operations. Below are some new business-related laws that President Jacob Zuma recently signed into law.
Special Economic Zones Act       

Sectors concerned: Manufacturing, import and export
Overseeing department: Trade and Industry

Key provisions

• The Act seeks to boost industrialisation in South Africa through the establishment of Special Economic Zones (SEZs) that are envisioned as “one-stop shops”. The zones will provide enhanced infrastructure, bureaucracy support and incentives to attract domestic and foreign investment.
• The Act allows private companies to operate and manage SEZs through public private partnerships.
• There was broad consensus by members of parliament that the special economic zones were a key reform measure for South Africa, and a necessity for the country to achieve its economic growth targets under the National Development Plan.

Legal Metrology Act

Sector concerned: Manufacturing and retail
Overseeing department: Trade and Industry

Key provisions

• The Act regulates the measurement of products and services, and the use of the instruments that measure them.
• Historically, measurements were of concern in the sale of goods such as maize, milk and petrol. Today, with advancements in technology, accurate and standardized measurements are critical in new fields: e.g. energy (electricity meters), communication (data usage) safety (breathalyzers), transport (road overload) and medicine (blood pressure analysis).
• The Act allows for authorized market surveillance inspectors and verification officers to enter public and private premised to ensure that measurement instruments, goods and services comply with the Act.
• Non-compliance may result in a fine (not prescribed) or imprisonment of up to 10 years, or both.

National environmental management: Air quality Act amendment

Sector concerned: Industries whose operations result in atmospheric emissions
Overseeing department: Water and Environment

Key provisions

• Under the Air Quality Act of 2004, an atmospheric emission licensing system was set up to regulate emissions and protect the environment while allowing for socio-economic development. The Amendment Act of 2014 seeks to resolve problems within the licensing system that have been detected over the last decade.
• The Amendment establishes an Air Quality Advisory Committee to advise the minister on air quality issues.
• A R5-million penalty is prescribed in the Amendment Act for unlawful activities resulting in atmospheric emissions

Marine Living Resources Amendment Act

Sector concerned: Small-scale fisheries
Overseeing department: Agriculture, Forestry and Fisheries

Key provisions

• The Amendment allows the minister to give official recognition to fishing communities, and to put in place measures to support their livelihoods.
• Protection afforded to communities will include prohibiting non-community members from fishing on waters allocated to the community.

Language Practitioners’ Council Act

Sector concerned: Language practitioners (translators, interpreters, language planners, terminologists, lexicographers, text editors and related fields)
Overseeing department: Arts and Culture

Key provisions

• The Act establishes the South African Language Practitioners’ Council (SALPC) whose core functions will be to regulate the training of language practitioners and control their accreditation.
• The SALPC will prescribe rules governing the conduct of language professionals and set procedures for compliance, monitoring and enforcement.