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Competition Act

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.

 

  
Consumer Protection Act

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.

 

  
Companies Act & Regulations implementation set for 1 May 2011
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:
·         Companies Amendment Bill (B40-2010) (Latest available version)
·         Companies Regulations, 2011

 

  
Marketing of Agricultural Products
The Minister of Agriculture, Forestry and Fisheries received a request from Potatoes South Africa, in terms of the Marketing of Agricultural Products Act (MAP Act), Act N. 47 of 1996, for the continuation of statutory measures (registration, records and returns and levies) in the potato industry. The current measures expires on 29 June 2011. If you are involved in potato industry, and these measures apply to you, click here to read more about the purpose and objectives of these measures, as well as the proposed levy amounts»
 
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.
  
Dti launch tax incentive
 
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.
Download launch presentation.
Download press article by The Good News via Sapa
  
PwC Tax Alert
Agribusinesses need to be aware of a number of tax changes and developments that can impact significantly on their enterprises.
 
Nov - Dec 2010 Synopsis Tax Today
3 November 2010 Tax Alert: Mini budget speach 2010 - Exchange control
14 October 2010 Tax Alert: New tax treatment of company distributions
22 September 2010 2010 Tax Amendments
26 August 2010
2010 Taxation Laws Amendment Bills
02 August 2010
SARS to focus on PAYE enforcement to meet fiscal shortfall
03 August 2010
The Regulations under section 12I of the Income Tax Act opening the door to
additional investment and training allowances for qualifying industrial projects
04 August 2010
Fraudulent substitution of directors
30 July 2010
SARS challenges the basic amount even for first provisional payments
2009 
September 2009 Synopsis Tax Today*
28 September 2009 Interpretation Note 48 - Debtors Allowance
25 September 2009 Interpretation Note 47 - Wear and Tear
August 2009 Synopsis Tax Today*
20 July 2009 SARS tightens process systems

 

  
Department of Labour: Empoyment Equity Act
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.

 

  
Review of all Acts administered by DAFF
In her recent Budget Vote the Minister of Agriculture, Forestry and Fisheries indicated that all legislation resorting under DAFF would be reviewed, and the announcement in the Government Gazette of 30 April 2010 has now started this process.

Download the announcement in the Government Gazette of 30 April 2010.

Download DAFF Act list.

  
CPA Regulations Workshop: GM Labelling
At a workshop held on 23 September 2010 some of the major role players in the value chain debated issues on the proposed GM Labelling clause in the Consumer Protection Act.  A complete submission will be submitted to the dti by 15 October 2010.  Download the presentation on proposed regulations with regard to GM Labelling.

 
Implementation of Companies Act and Consumer Protection Act (CPA) postponed
  
Competition Amendment Act
 A legal brief, from Werksmans explains “What is a cartel”, “What type of behaviour is prohibited”, “Punishment of cartel offences”, “How are cartels uncovered” and “What is the effect of cartel conduct”.  Click here to download the document by Werksmans Incorporated.

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.
 

  
Grain Arbitration Services

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.

  
Energy
  
Agriculture