by Dev_SACCAWU | Labour Market News
Minister Zhou Maoyi calls for strict adherence to South Africa’s labour laws by Chinese businesses
Minister Zhou Maoyi from the Chinese Embassy in South Africa has warned Chinese business owners in South Africa to respect and adhere to the country’s labour laws and regulations.
Maoyi addressed Chinese business owners and other stakeholders during an engagement led by the Chinese Community, in conjunction with the Department of Employment and Labour (DoL) at the China Mall in Johannesburg on Tuesday.
Organised under the Publicity Week on Lawful and Compliant Operation, the initiative seeks to ensure local and international businesses comply with the country’s labour laws, with China coming in as South Africa’s leading trading partner.
Furthermore, Maoyi said the initiative to strengthen SA and China’s trade relations comes on the back of recent investments and commitments by the Chinese government, as well as increased vigilance by the South African government on illegal immigration and unethical business practices across the board.
“This year, we can see that the South African government has strengthened its law enforcement against illegal foreigners and related activities. I remind our business owners not to breach the law and cause unnecessary loss and damage to the name of China and our country, which will harm our sustainable development goals.”
Reacting to the latest challenges and opportunities in the country’s labour sector, Deputy Minister of Employment and Labour, Jomo Sibiya, commended the Chinese business leaders for initiating the collaboration with the department.
He further called for business leaders to be mindful of the country’s labour laws.
“If I want to trade in China, I must understand the system. I must understand the labour laws and the business laws of China. So it’s the same with South Africa. One thing I can say is that the relationship that we have between South Africa and China is a solid relationship. It is a relationship that has lasted a long time, and we want to keep that relationship. When it comes to people-to-people relationships, it is very strong.”
Sibiya further characterised the relationship as one built on partnership rather than animosity.
He stressed: “We are here today; we want to visit the other eight (malls) so that we see that they are complying with our laws.”
Echoing these sentiments, Xu Changbin, the chairperson of China Mall, welcomed the initiative, describing it as an excellent platform for business owners to deepen their knowledge of local labour laws.
“South Africa, the land on which we stand, is not only the place where we conduct our business and build our lives, but also our shared home. As merchants operating here, we are both beneficiaries of the business environment and barriers to social responsibility. We fully recognise that law and compliance operations are not only the foundation of working hours to the payment of wages and benefits, but also the safeguarding of working conditions,” he stated.
siyabonga.sithole@inl.co.za
Source: https://www.msn.com/en-za/news/other/minister-zhou-maoyi-calls-for-strict-adherence-to-south-africa-s-labour-laws-by-chinese-businesses/ar-AA1ZUX2N
by Dev_SACCAWU | Labour Market News
The proposed changes to the Basic Conditions of Employment Act (BCEA) have raised concerns over pension fund payouts for members.
Nicolette van Vuuren and Amy King from Webber Wentzel noted that two developments have reshaped the enforcement of retirement fund contribution obligations in South Africa.
The first development is already in effect, while the second was just open for public comment ahead of its formal introduction to Parliament.
In January 2026, the Minister of Employment and Labour withdrew a variation notice published in December 2003.
That notice had excluded contributions payable to benefit funds regulated under the Pension Funds Act from the application of section 34A of the BCEA.
Labour inspectors are empowered to enforce Section 34A, which requires employers to pay employee contributions to a benefit fund within seven days of deduction.
This is done in conjunction with the employer’s contributions being paid within seven days of the end of the month.
“This enforcement power is already operative and does not depend on the proposed amendments set out in the Employment Laws Amendment Bill, 2025,” the experts said.
“The Bill, which proposes to insert new sections 62B and 77B into the BCEA, has not yet commenced.”
If the Bill is enacted in its current form, these provisions will expand beyond the current enforcement framework.
It would empower the Labour Court, the CCMA, and bargaining councils to issue mandatory orders and regulate the jurisdictional interplay among these bodies and Pension Funds Adjudicators.
Section 62B states that an employer’s failure to pay contributions to a benefit fund for an employee must be treated the same as a failure to pay any amount owing to an employee.
“The practical effect is that non-payment of benefit fund contributions will attract the same enforcement consequences as non-payment of wages or other statutory entitlements,” the legal experts said.
Upon enactment, retirement funds will benefit from multiple concurrent enforcement channels, compliance orders and awards and determinations from official state bodies.
This will make it easier for pension funds to collect monies owed to members from their employers following non-payment.
Section 13A(8) also imposes personal liability on, among others, directors regularly involved in the management of a company’s financial affairs.
Major question remains
However, the experts noted that a major unresolved question remains over the misalignment of due dates for employee contributions under the two statutes.
Section 34A of the BCEA and section 13A of the Pension Funds Act both require employer contributions to be paid within seven days after the end of the month.
That said, provisions differ over employee contributions. Section 34A of the BCEA requires that these employee contributions be paid within seven days of deduction.
However, Section 13A of the Pension Funds Act requires payment within seven days after the end of the month for which contributions are due.
“Given the variation in payroll dates and pay frequencies across employers, this discrepancy creates material compliance risk,” the experts said.
Section 77B of the BCEA regulates the jurisdiction of the Labour Court, the CCMA, and bargaining councils over issues regarding an employer’s failure to pay contributions under the Pension Funds Act.
This is regardless of whether the obligation arises under statute, a collective agreement, or a contract of employment.
“Where a contribution is found to be outstanding, the adjudicating body must direct payment to the fund within a specified period, together with prescribed interest.”
“Jurisdiction is excluded if the Pension Funds Adjudicator has already issued a determination under section 30M of the Pension Funds Act, or if another tribunal or court of competent jurisdiction has adjudicated the matter.”
The Bill also proposed amending Schedule 3 to the BCEA so that sections 62B and 77B apply immediately upon commencement to all unresolved disputes, irrespective of when they were referred.
Although the historical exclusion of Pension Funds Act contributions from Labour Inspector oversight has been removed, the enforcement landscape has now been changed.
Employers are now subject to enforcement action for the failure to pay contributions on time, and should the BCEA’s current amendments be enacted, the enforcement framework will be further strengthened.
“Employers are therefore advised to ensure strict compliance with all contribution obligations and to seek legal advice promptly where any dispute has been referred or is contemplated.”
Submissions for public comment on the new employment laws closed on 28 March, and the experts said that the technical concern over payments warrants engagement at the pre-parliamentary stage.
Source: https://businesstech.co.za/news/business/855850/new-labour-laws-in-south-africa-have-a-serious-problem-for-pensions/
by Dev_SACCAWU | Labour Market News
The area has become a prime destination for retirees and remote workers. Image: Garden Walk Mall/ Facebook
Garden Walk, a 20 000 sqm mall near the N2 in the Mossel Bay area, recently welcomed its first shoppers.
The centre is located in Hartenbos North, a developing residential and tourism hub.
The area has seen steady growth in recent years as retirees and remote workers relocate to this popular semigration destination.
The mall was developed by Moolman Group in partnership with Dorpstraat and Organic Coral Developments.
Garden Route retail for residents and visitors
Garden Walk opened with 51 stores, including anchor tenants Checkers FreshX, Food Lover’s Market, and Dis-Chem.
Other retailers include Clicks, Agrimark, Outdoor Warehouse, Pick n Pay Clothing, Miladys, Mr Price Home and PNA. Several restaurants and cafés also operate in the centre.
Garden Walk includes anchor tenants Checkers, Food Lover’s Market, and Dis-Chem. Image: Garden Walk Mall/ FB
The mall offers 502 parking bays and is positioned next to the Hartenbos/Mossel Bay N2 offramp, making it accessible to residents and travellers along the Garden Route.
Hartenbos lies about 45 km from George and serves as a regional hub within the Mossel Bay municipal area.
A vintage rail operator has launched a six-day train journey from Cape Town to Mossel Bay. Read more on that story here.
Workspace and services for remote workers
The mall also includes features suited for residents who work remotely.
At its centre is a communal workspace with free Wi-Fi, allowing visitors to work, study or meet during the day.
“Our focus has always been on developing centres that respond to the everyday needs of the communities they serve,” said Moolman Group CEO Pieter Lombaard.
The development also brought economic activity during construction. About 60% of the workforce came from the local community, with roughly R32 million spent locally.
Mossel Bay Executive Mayor Dirk Kotze said developments like the centre help support the region’s growth.
“Developments such as Garden Walk play an important role in strengthening the local economy while improving the quality of life for residents,” he said.
Source: https://www.thesouthafrican.com/news/new-shopping-mall-opens-in-booming-garden-route-town/
by Dev_SACCAWU | Labour Market News
The Congress of South African Trade Unions (COSATU) congratulates the 14 500 employees of the South African Revenue Service (SARS) on their outstanding achievements, including surpassing R2 trillion in revenue collection and especially in exceeding 2024’s tax collections by 8.4% or R155 billion in taxes owed to the state.
The remarkable turnaround of SARS from being at the epicentre of the state capture project and systematically decapacitated, to once again becoming a centre of public sector excellence and ramping up the fight against tax evasion and customs fraud; confirms the state’s invaluable role in society. It shows that when the state is provided competent leadership, fills frontline vacancies and recruits critical skills, removes corrupt and criminal elements, and invests in its capacity and infrastructure; that government will deliver upon its mandates and provide the services and infrastructure necessary for society and the economy to thrive.
An efficient, effective and corruption free SARS is key to ensuring that the state can fulfill its constitutional and developmental mandates. The working class and the economy depend upon a state able to deliver quality education and healthcare, invest in critical infrastructure and stimulate inclusive economic growth, provide relief for the poor and the unemployed, amongst many other critical responsibilities to society. These require all South Africans, in particular the wealthy and businesses to pay their fair share.
The 8.4% improvement in tax collections validates COSATU’s campaign for SARS to be provided with the necessary support and resources to ramp up tax compliance and not to increase taxes upon the working class, in particular VAT and income. SARS’ consistent progress in improving tax compliance from 61% to 67% over the past few years under President Cyril Ramaphosa’s African National Congress led administrations has provided invaluable breathing space and additional resources for the state’s turnaround.
SARS must be tasked to raise tax compliance to 75% by 2029. This will generate sufficient funds to capacitate the state to provide quality public and municipal services, stimulate badly needed economic growth and jobs, and provide relief for the poor and the working class, including reducing the increasingly suffocating tax burden upon low- and middle-income workers. This has become more urgent given the global economic turmoil from the war in the Middle East and the record fuel price hikes that threaten to grind the economy to a halt.
Whilst applauding the tireless efforts of SARS’s employees and leadership, we remain deeply worried about the dangerous rise in illicit goods, in particular alcohol and tobacco, and also customs fraud, especially for clothing, tyres, fuel and vehicle components. These threaten local jobs, businesses and value chains as well as the sin tax regime designed to protect society from unhealthy products, and tax revenue needed to fund public services. It is urgent that SARS be given further funding and support to ramp up its fight against illicit goods and rampant customs fraud. This is not a battle that workers and the economy can afford to be lost.
COSATU thanks outgoing Commissioner Edward Kieswetter for his leadership during this particularly challenging time in SARS’ history. The Federation wishes him well in his next chapter in life.
Issued by COSATU
Matthew Parks (COSATU Parliamentary Coordinator)
Mobile: 082 785 0687
Email: matthew@cosatu.org.za
Source: https://mediadon.co.za/cosatu-congratulates-the-14-500-employees-of-sars-on-their-outstanding-achievements/
by Dev_SACCAWU | Labour Market News
The South African Institute of Taxation (SAIT) has thrown its weight behind the appointment of Dr Ngobani Makhubu as the new SARS commissioner.
The South African Institute of Taxation has welcomed the appointment of Dr Johnstone Makhubu as the next Commissioner of the South African Revenue Service . President Cyril Ramaphosa appointed Makhubu as Commissioner of the SARS for a period of five years with effect from 1 May 2026.
Makhubu, who was the favourite for the role, is currently serving as SARS Deputy Commissioner for Taxpayer Engagement & Operations, having been appointed in 2023. He will succeed Commissioner Edward Kieswetter, whose two-year contract extension ends on 30 April 2026. “The incoming commissioner is a seasoned public and private sector executive with more than 17 years of senior leadership experience spanning tax administration, commercial, finance and operations management,” Ramaphosa said. Makhubu has worked in several complex, regulated, and large-scale organisations across industries, including fast-moving consumer goods, mining, power generation, and public revenue services. His appointment follows a unanimous recommendation by a panel convened by the Minister of Finance and marks a widely anticipated leadership transition at SARS.“The Presidency noted that the transition underscores the growing maturity and stability of SARS as a cornerstone of South Africa’s fiscal framework.”since 2020 and has played a key role in bringing SARS back to the top of its game following a series of state capture issues at the tax service. “His professional background spans multiple industries and operational perspectives, making him well-suited to lead one of South Africa’s most complex and important public institutions,” it said. “Dr Makhubu is well known to the tax community through his regular engagement with professional bodies and stakeholders.” SAIT said that Makhubu regularly addresses critical issues such as tax debt, compliance trends, and SARS modernisation initiatives, and operational enforcement priorities. It said that it appreciates his willingness to engage in open and constructive dialogue in his current role at SARS. “As we take note of our support of Dr Makhubu’s appointment, we extend our best wishes to outgoing SARS Commissioner Kieswetter,” said Professor Keith Engel, Chief Executive Officer of SAIT. “Much has been accomplished during his tenure, including the full reconstruction of SARS as an entity.”Makhubu will have a job following Kieswetter, who is widely acknowledged for turning SARS back into the efficient and effective powerhouse it once was. Kieswetter emphasised technology as the driving force behind SARS’s tax collection efforts, while also trying to make SARS more user-friendly. His leadership saw SARS focus on making paying taxes really easy and on making dodging taxes very expensive. While returning the taxman to its efficient best, this came amid serious challenges facing South Africa, including the Covid-19 pandemic, load shedding, the July 2021 unrest, and a weak economy. Despite this, the service has managed to rake in record revenue over the years, hitting R2 trillion in 2025/26. “We take note of the challenges ahead as we appear to have turned the corner in terms of managing the country’s debt while expanding the tax base,” said Engel.Commissioner
Source: https://za.headtopics.com/news/kieswetter-s-replacement-gets-the-thumbs-up-81808327
by Dev_SACCAWU | Labour Market News
Lawyer Douglas Shaw, who previously represented the hundreds of applicants in the R60 billion class action against banks, has officially had his mandate cancelled.
Image: Timothy Bernard Independent Newspapers
The Gauteng arm of the Legal Practice Council (LPC) is of the opinion that lawyer Douglas Shaw not only brought the legal profession into disrepute but committed a criminal offence when he appeared in the High Court without a Fidelity Fund Certificate.
The Investigating Committee of the LPC recommended that an urgent application be brought to suspend Shaw from the roll of legal practitioners. In a report filed with the Gauteng High Court, Johannesburg, Gauteng director of the LPC, Ignatius Briel, said the fact that Shaw has tried to rectify “his transgressions” after the fact does not assist him as the “offending conduct” is a matter of public record.
The report by the LPC followed an order delivered by Judge Leonie Windell in February, which was due to be the start of a week-long session to hear arguments as to whether hundreds of applicants could certify a class action against the major banks.
At the start of the proceedings, one of the banks dropped the proverbial bomb that a whistleblower revealed that Shaw does not have a Fidelity Fund Certificate. This hearing was set down after nearly six years of preparation for the case, in which the applicants claim that they had previously lost their homes at the hands of the banks in cases where this drastic step was not necessary.
Others complained that they were severely shortchanged as their homes were sold for far below their market price to recover outstanding debt.
The banks are contesting the application and in lengthy court papers stated that they do everything possible to protect default homeowners.
Judge Windell in February made it clear that Shaw cannot represent the applicants without the compulsory certificate. He explained that he has applied for the certificate but has been battling for months to obtain it.
The LPC has set out in its report that Shaw, who was admitted as an advocate in 2010, was given permission in 2024 to convert to an attorney. He held a Fidelity Fund Certificate, according to the LPC, until the end of 2025.
Shaw told the court in February that his certificate was extended for a month, thus until the end of January. The LPC disputed this and said in terms of the law, it cannot be extended as a new one has to be issued each year.
It acknowledged that Shaw had submitted an audit report for his practice, as required, but said this was only received on February 24 and approved on March 11. Another audit report was submitted on March 6 and has not yet been approved. It said his 2026 certificate could not be issued as there are outstanding issues, including with one of his audit reports and that he failed to submit an opening audit report.
While Shaw said he is trying his best to supply the LPC with all the necessary documents, the legal watchdog organisation said this is no excuse for appearing in court in February without the certificate.
Shaw in turn said he did not mislead anyone and that he did not address the court in February as a lawyer regarding the certification application. He said he merely pointed out the situation to the court and the arguments he did deliver pertained to personal costs orders the banks wanted him to face.
While Shaw and some of the other parties obtained the services of senior counsel to represent them further in the matter, Shaw is confident that his woes with the LPC will soon be sorted out. In his opinion, the LPC report is moot, as there is an understanding between him and the organisation that he will supply the outstanding documents.
He pointed out that he had a certificate each year and questioned why it’s a battle to obtain one this year.
He, meanwhile, reassured all the applicants in the certification application that the new “top” legal team will prepare and be ready for the class action which is now due to be heard in November.
Source: https://iol.co.za/capetimes/news/2026-03-30-legal-practice-council-wants-douglas-shaw-suspended/
