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Acts
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The problems facing the South African maize industry illustrate the difficulties in balancing economic efficiency with the development objectives of the Competition Act.
2011-07-17
Reconciling the many goals of the South African Competition Act presents a significant challenge. The Act prohibits restrictive collaborative and unilateral conduct by firms that yields market outcomes deemed 'inefficient' when measured against consumer, producer and total welfare standards. However, it also seeks to remedy endemic inequality by explicitly promoting a range of social objectives, including employment and the participation of historically disadvantaged people in the economy.
This can create an inherent conflict – achieving the 'development' goals contained in the Act may necessitate sacrificing efficient market outcomes....Read more
In terms of the Competition Act the Minister of Trade and Industry has proposed certain important insertions and omissions in the Competition Act in terms of mergers. This is important information that ABC members must take cognisance of.
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Draft minutes of GM-Labelling Working Group meeting held on 10 May 2011
2011-05-27
Download notes by clicking here»
Application of Consumer Protection Act in Agribusiness
2011-05-19
The Consumer Protection Act (CPA)and its Regulations came into effect on 1 May 2011 and as such, agribusinesses now have to be fully compliant. On a global basis, this legislation is of the most protective of consumers, but it is also creating considerable uncertainty as to its application and especially the interpretation of certain CPA Regulations. PricewaterhouseCoopers, an ABC member, has compiled two guides to assist businesses to use the CPA to their advantage.
To peruse the guides, please click on Consumer Protection Act # : Knowledge is power and Consumer Protection Act # 2: Playing by the rules.
By Government Notice No. 221 of 14 March 2011, The Minister of Trade and Industry has deferred the application of the Consumer Protection Act to small and medium-sized municipalities till further notice. In their press release, SANCU have correctly expressed their concern on the principle involved.
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The Department of Trade and Industry (The dti) has announced that the new Companies Act, No 71 of 2008, will become effective on 1 May 2011, together with the Companies Amendment Act and the all important Regulations to the two Acts. The following documents are available to download:
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Directly affected group can submit comment directly to the NAMC or via the ABC. All comments to the ABC can be submitted to Lindie Stroebel (lindie@agbiz.co.za) by 20 February 2011. The deadline for comments submitted directly to the NAMC is 25 February 2011.
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Trade and Industry minister Rob Davies launched a new tax incentive on 8 November 2010 which could see manufacturing businesses reduce their taxable income by as much as R900 million.
Section 12i of the Income Tax Act is a tax allowance programme based on investment in new manufacturing assets and training, provided to employees in the project. The 12i Tax Incentive aims to accelerate economic growth in the industrial sector and support the Industrial Policy Action Plan (IPAP 2), particularly in terms of job creation, training and energy efficiency.
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Agribusinesses need to be aware of a number of tax changes and developments that can impact significantly on their enterprises.
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The Department of Labour (DoL) had a road-show, whereby they presented on Employment Equity (EE). The objective of the road-show was to provide practical guidelines on the preparation and implementation of an EE plan, as well as the preparation and submission of EE reports.
A presentation was also made by the Council of Employment Equity (CEE) on the trends perceived for EE and the rate of transformation in the workplace.
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Implementation of Companies Act and Consumer Protection Act (CPA) postponed
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Amongst the Competition Amendment Act Act seeks to introduce provisions to hold personally accountable, and criminally liable, those individuals who cause firms to engage in cartel conduct; and to authorise the Competition Commission to excuse a respondent to a complaint if the respondent has assisted the competition authorities in the detection and investigation of cartel conduct. The ABC recommends that agribusinesses study the Act carefully in order to align themselves with the provisions of the Act. Download the Competition Amendment Act as it was published in the Government Gazette, by clicking here.
The Competition's Cardinal Sin
The competition authorities appear to be on a drive to eradicate cartels. Not a week seems to go by without some announcement in the press of the Competition Commission (“Commission”) uncovering another cartel. The Commission has dealt with several cases involving cartel behaviour. Cartels have been uncovered in the airline, steel, milk, bread, piped gas and petroleum industries, and even the bicycle industry, to mention a few.
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The Southern African Grain Arbitration Services Association, or Sagas, has expanded its services to mediate, in cases of disputes surrounding Sagas contracts. The service came into effect on one October 2009 and mediatory rules were set up within which Sagas will operate. Download SAGAS mediatory rules.
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