“Using old forms will now count as NON-COMPLIANCE,” Information Officers are warned
The Information Regulator has circulated a Notice of NON-COMPLIANCE Emails on Sunday 31 August 2025 to all Information Officers, Deputy Information Officers and Admin Officers of registered entities on their online portal.
Bark and bite: CSOS now has power to enforce action when community schemes fail to meet POPIA compliance obligations
Community Schemes Ombud Services (CSOS) has recently released new consolidated practice directives. These directives increase the compliance responsibilities and governance for Trustees, Managing Agents and other relevant stakeholders involved in community schemes. For Community Schemes, the message is clear: Compliance with POPIA and PAIA is not optional. The Information Regulator of South Africa has the authority, processes, and enforcement mechanisms to ensure compliance.
B-BBEE Scoring elements
The scorecard is the most important element of B-BBEE compliance for enterprises of all sizes. Each scorecard consists of different elements that are scored to achieve a final B-BBEE compliance score, which determines the level of compliance achieved. Let’s look at each of these elements that you will find on scorecards.
The Modified Flow-Through Principle: Advantages and Pitfalls
The Modified Flow-Through Principle relates to the Ownership element of the B-BBEE Scorecard. In this article, we give a concise yet detailed breakdown and examples of this principle which is a critical component of many B-BBEE compliance strategies.
Sector-specific B-BBEE Scorecards
This article explains the second differentiation of enterprises according to the legislation: Sector-specific B-BBEE Scorecards.
Enterprise Types under B-BBEE legislation
When it comes to Broad-based Black Economic Empowerment (B-BBEE) compliance, a business requires certain resources in order to comply at different levels. Naturally, enterprises of different sizes will have different resources available to dedicate to their compliance. This article is a practical guide to enterprise types and B-BBEE compliance.
B-BBEE Status in terms of the Codes
When all is said and done your enterprise’s B-BBEE compliance results in an awarded B-BBEE level – also called the B-BBEE status. This article explains the status levels that can be achieved and how they are set out in the legislation.
When is discrimination in the workplace “fair”?
The Employment Equity (EE) Act exists for one clear reason: to eliminate discrimination and implement transformation. But to comply with the EE Act, you first need to understand what discrimination is, and when it may be considered fair.
The PPRA clarifies the B-BBEE dilemma for Property Practitioners
Following the amendment of the Property Practitioners Act in South Africa, making it compulsory for Property Practitioners to have a valid BEE Certificate before they
B-BBEE PROPERTY PRACTITIONERS: BE WARNED
The latest amendments to the Property Practitioners Act in South Africa makes it compulsory for Property Practitioners to have a valid BEE Certificate. Without it, they will not be able to renew their Fidelity Fund Certificate (FFC). This means all Property Practitioners now need a valid BEE Certificate to operate.
Everything you need to know about employees vs independent contractors in under a minute
In 2023, many businesses are working in new, collaborative ways. This means that the line between employment and independent contracting, can get blurred. In this article we explain how employers can prevent disputes around employees vs independent contractors.
Uniform Requirements for Security Service Providers
Every Security Service provider is enjoined to provide security officers with an adequate and distinctive uniform, save in so far as close protection is concerned and must ensure that such uniform is worn by security officers when rendering a security service.
Dealing with NBCPSS Compliance Orders and Compliants
Sense Business have been serving the Private Security Sector and have always maintained the philosophy that an informed client will be in a better position to mitigate its risks with the Private Security Compliance Framework.
Private Security Compliance Framework
These provisions create a proverbial cobweb of compliance issues affecting the very core of the operations of any Security Service provider, including minimum wages, the formal requirements and appearance of documentation, the appearance of uniforms, and even the corporate structure of a security business.
Private Security
The Private Security Industry is one of the most pervasively regulated industries in South Africa. This sector is not only expected to subject itself to everyday governance and compliance requirements but is also subjected to the uncompromising, sometimes draconic, compliance framework of the Private Security Industry Regulation Authority and the National Bargaining Council for the Private Security Sector (NBCPSS).
The Function of the NBCPSS within the Private Security Sector
Baartman & du Plessis Attorneys have been rendering specialised legal and compliance services to the Private Security Industry since 1997 and the subject of the compliance framework within this sector will be incomplete without addressing the role and responsibility of the NBCPSS.
The General Principles of Collective Bargaining
Most employers, especially those in smaller and medium enterprises, do not fully understand what Collective Bargaining really is. The problem is that they then forego massive errors when faced with dealing with these matters. In this article we explain the general principles employers must understand.
The Advantages And Disadvantages Of Collective Bargaining and Collective Agreements
In this article we go over some key facts about Collective Agreements and Collective Bargaining – and we try to decide whether it’s “good” or “bad”. The conclusion is that it depends on context.
Navigating Your “first date” with a Trade Union
A notification from a Trade Union, where they seek to exercise organisational rights, is usually met by frazzled, nervous and highly excitable employers, not unlike a bachelor preparing for his first date. We will, as your proverbial wingman, endeavour to guide you in preparing for your first date with a trade union.
Understanding Representativity and the rights of Trade Unions
Many employers fall victim to opportunistic Trade Unions, who exploit the employer’s lack of experience and knowledge. In this article we look at the rights of the Trade Union and how it is affected by the representativity of the Trade Union.
Unpaid Salaries and Wages
When can an employer not pay an employee, and what can an employee do if an employer simply does not pay them? In this article we have a look at these circumstances to keep employers and employees in the clear.
Notice periods at resignation: a growing trend?
It’s a rising occurrence that employees are resigning without proper notice. In this article we briefly explain how the employee is legally required to give notice, but also what an employer can do if the employee fails to give this notice or just “absconds” his duty.
Compulsory Wallcharts for Employers
As an employer, you may be wondering exactly which posters you are legally required to display on the walls of your workplace. Let’s dive into the most common ones, some more specialised ones, and where you can find them.
What Happens To A Deceased Member’s Interest In A Close Corporation
In this article we explain what happens when one member of a Close Corporation passes away. There are 2 parts to dealing with their intests, and we briefly explain the process of each part.
Evergreen Clauses – are they legal?
An evergeen clause refers to the automatic renewal of a contract. But is this legal in South Africa, and what can either party do if they are unsatisfied with a contract’s renewal or cancellation?
Identity Theft in the Security Sector: An immediate threat to be acted on
In this article we will briefly unpack how identity theft is impacting the Security Sector – and what a massive risk that poses. While Security Sector providers are employing due diligence to verify the identities of recruits, the official bodies of this industry are letting them down.
Armed Reaction, Legal Conundrums and the Exclusion of New Entrants
There is a serious and obvious flaw in the legislation around fire arm registration for security service providers, with contradicting laws leading to suspect practices from the authorities. This article offers a legal insight into the conundrum posed for the security sector when it comes to legislation around fire arms.
Antibribery Regulations – What businesses and Individuals should know
This article outlines how bribery and corruption can affect organisations according to the law, and how organisations can implement measures to protect their reputation and conduct against these acts.
Corporate Governance at a Glance
Corporate Governance is the system of rules, practices, and processes by which a Corporate Entity is directed and controlled and defines both the way, as well as the purpose for which a Corporate Entity is governed. It also identifies the roles and responsibilities as well as the accountability of persons within a corporate hierarchy. It is highly recommended that corporate entities install governance systems from the very formation of their business.
Ownership structures for new businesses – which one is right for you?
The very first choice in your exciting and sometimes nerve-wracking journey to establish a new business would be to decide which Corporate Vehicle, or business type, you will use in bringing your business idea to fruition.
Gifts, Benefits and Entertainment Policies
Taking an associate or business partner to lunch, a hunting trip or even a rugby match, has been a long-standing tradition amongst businesspersons in South Africa, even more so for new business owners irrespective of their choosen Corporate Structure.
Introducing Corporate Governance Structures
The governing body will from time to time appoint certain committees to assist them in their functions and may even be required by law to form certain committees so as to promote good corporate governance.
Public Interest Score
Companies used to be classified as either widely held or limited interest companies. With the introduction of the New Companies Act, a new classification system was introduced.
Shareholders Agreements – a brief legal overview
A shareholder agreement commonly refers to a document that regulates the operation of a company, the roles and responsibilities of shareholders, directors and prescribed officers.
Social and Ethics Committees
Ethics can be defined as a framework of personal rules, utilised to direct and manage our future actions in such a fashion that it complies with our moral standards, irrespective of any legal obligations.
The Memorandum of Incorporation – a guide for new businesses
All Corporate Structures are governed by different legislation and documents. Business Trusts are governed by Trust Deeds whilst Private Companies are governed by its Memorandum of Incorporation and the Companies Act.
The Stillbirth of a new Business
I have a nasty habit of eavesdropping on conversations taking place at adjacent tables. While waiting for my friends at a local pub, nursing my favourite drink, I was once again privy to such a conversation.
Whistle Blowing Policies
What is the role of a Whistle Blowing Policy? What are the consequences of neglecting this legislation in your business? Why is it important? These and more are answered in this article overview for business owners.
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