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MOU Between BBBEE Commission and Companies Tribunal Signed

September 15, 2020

Department of Trade, Industry and Competition

A Memorandum of Understanding (MOU) between the Broad-Based Black Economic Empowerment Commission and the Companies Tribunal has been signed.

The trade, industry and competition department published the MOU in Government Gazette 43702.

The MOU focuses on mutual co-operation and assistance between the B-BBEE Commission and the Companies Tribunal relating to the fulfilment of responsibilities and obligations under the Companies Act and the Broad-Based Black Economic Empowerment Act and any other legislation applicable to the parties.

The MOU sets out the points of agreement between the B-BBEE Commission and the Tribunal regarding cooperation and exchange of certain information relevant for referral of matters for adjudication and/or dispute resolution that fall within the area of jurisdiction of the B-BBEE Commission and the Tribunal.

The B-BBEE Commission and the Companies Tribunal will strive to “co-operate with one another on the prevention, detection and investigation of unlawful activities which come to their attention during the execution of their respective legal mandates”.

The MOU will be in place for three years.

Meanwhile, in Notice 498, the department published draft standards for comment in terms of the Standards Act.

Draft standards include risk management-risk assessment techniques; asset management-management systems-guidelines for the application of ISO 55001 and geographic information-terminology.

New standards include interior lighting part 2: emergency lighting; cranes-inspections-part 1 general; cosmetics-microbiology; safety of power converters for use in photovoltaic power systems – part 2: particular requirements for inverters; cranes-equipment for the lifting of persons part 1: suspended baskets and cosmetics-microbiology-general instructions for microbiological examination.

In a statement on the Tshwane Automotive Special Economic Zone (SEZ), the department points out that more than 8 500 jobs will be created with up to 70% of those jobs going to local residents of Mamelodi and surrounding areas in Pretoria.

During a briefing on progress in the development of the SEZ, the department’s director-general, Lionel October, revealed that all plans are on track to finish construction work by June next year.

In another statement on the Clothing, Textile, Footwear and Leather (CTFL) industry, the department reported that stakeholders across the value-chain have “committed to working closely with each other over the coming weeks and months to identify and execute on opportunities to deepen localisation and bolster production in the sector”.

Regarding consumer protection matters, a Consumer Protection Webinar is to be hosted by the department in conjunction with the Competition Commission, the National Consumer Commission and the National Credit Regulator on 17 September 2020.

In a statement, the department indicated that the dialogue is aimed at educating consumers about consumer rights, in particular during the COVID-19 pandemic, and to outline the regulations that businesses must comply with.

The dialogue will, amongst others, “explain consumer rights and complaints processes, responsible credit lending, borrowing and spending, price hikes, amendments of the Competition Act and collusive conduct; including the process to report inflated prices”.