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Studies show that a staggering 26,000 children between 0 and 17 years old are currently living in child-only households across South Africa, without a parent or caregiver to provide for them. These children are being robbed of the vital support and safety of a family, hindering their physical, social, and emotional well-being and development.

Growing up in a child-headed household, without the guidance and love of a parent or adult, often leads to long-term trauma and emotional scars. Unfortunately, many children born into poverty and challenging socio-economic conditions are forced to endure this reality. "These children are vulnerable, and often forced to become parents and breadwinners long before their time and give up their childhoods as a result." says Bertha Maringi, Family and Social Services Leader at Rays of Hope.

Lerato, who lost her mother when she was just 14 years old, knows all too well the devastating effects of growing up in a child-headed household. She became the sole breadwinner for her older sibling, Thando, taking on the responsibility even though she was younger. The absence of a parent caused her to struggle greatly, leading her to fail all her subjects at school and eventually drop out a few years later after falling pregnant. Teen pregnancy is, unfortunately, often a consequence of parent-less homes. The rate of teen pregnancies have been on the rise in South Africa, with a 50% increase in the number of teen girls giving birth at public health facilities over the last five years.

As Maringi points out, children dropping out of school and getting pregnant are just two of the many ripple effects of the cycle of poverty in South Africa. Other detrimental effects include a continued reliance on government grants, which drains public funds, as well as crime and violence as young people in these circumstances become desperate to make ends meet.

It's crucial that we take a sustainable approach to help those living in previously disadvantaged communities. Rays of Hope Alexandra is one organization that is working towards changing the narrative of poverty for the people of Alexandra. They met Lerato’s family when she was 19 years old and started to support them physically and emotionally and were even able to offer Lerato her first job and a means to provide for her family, thereby stopping the poverty cycle in its tracks by moving them from vulnerability to independence. Lerato also now works for Rays of Hope.

Through its various programs, like the teenage boys and girls support group, workshops dedicated to helping parents be better parents and the counselling centre, the organization is striving to make a positive impact from the grassroots level. Their vision is to create empowered resilient leaders and families living with dignity and hope.

Intervening at a young age is essential to breaking the cycle of poverty and giving every child the chance to enjoy a healthy, nurturing, and fulfilling childhood. By sponsoring a child through Rays of Hope, you can help give children in child-headed and vulnerable households the chance to have a different future. Every child deserves the opportunity to play, learn, and develop in the appropriate ways, without being forced to grow up before their time. Together we can make this a reality for all children in South Africa.

To find out more about Rays of Hope and their programmes visit www.raysofhope.co.za

Annelise Petzer | SchoemanLaw Inc  

Category: Labour Law | Employment Law 

Introduction  

The Commission for Conciliation, Mediation, and Arbitration (CCMA) is a statutory body in South Africa that provides dispute resolution services to parties in various industries. The CCMA is tasked with resolving disputes between employers and employees through conciliation, mediation, and arbitration. However, there is a possibility that the commissioner could make a mistake during the process, which is why the grounds for reviewing a CCMA award are essential. This article will explore the grounds of review in the CCMA.  

An aggrieved party may apply to the Labour Court in terms of section 145 of the LRA1 to have an award or ruling set aside based on an alleged defect with that award. Section 145 of the Labour Relations Act (LRA) as amended reads as follows: 

“(1) An arbitration award or ruling, other than an arbitration award or ruling made in terms of section 86(9), (10) or (11) or an arbitration award that has been made an order of the Labour Court in terms of section 158(1)(c), may be reviewed only on the grounds— 

(a) that the commissioner who conducted the arbitration proceedings— 

(i) committed misconduct in relation to his or her duties; 

(ii) committed a gross irregularity in the conduct of the proceedings; or 

(iii) exceeded his or her powers; or 

(b) that an award has been improperly obtained.” 

Misconduct by the Commissioner: 

Misconduct by the commissioner is one of the grounds for review of a CCMA award. This ground of review is available where the commissioner acted improperly or committed misconduct. Examples of misconduct include bias, lack of independence, and failure to properly consider the evidence presented by the parties. 

In the case of Pikitup (SOC) Limited v SAMWU and Others2, the Labour Court held that misconduct by the commissioner must be such that it resulted in a grossly irregular or unfair process that prejudiced the party seeking review. The court also held that the misconduct must be of such a nature that it could not have been remedied by any other means. 

Gross Irregularity in the Proceedings: 

Gross irregularity in the proceedings is another ground for review of a CCMA award. This ground of review is available where there was a serious irregularity in the proceedings that affected the outcome of the award. Examples of gross irregularity include procedural irregularities, failure to consider relevant evidence, and failure to apply the law correctly. 

In general, gross irregularity in the proceedings may refer to serious flaws or irregularities in the conduct of the arbitration that substantially affect the rights of one or more parties. Examples of gross irregularity in the proceedings may include the denial of a party's right to be heard, the failure to disclose conflicts of interest by an arbitrator, or the use of corrupt practices to influence the outcome of the arbitration. 

Mistake in Law or Fact: 

A mistake in law or fact is another ground for review of a CCMA award. This ground of review is available where the commissioner made an error of law or fact that affected the outcome of the award. Examples of mistakes include misinterpretation of the law, reliance on irrelevant evidence, and failure to properly consider relevant evidence. 

In the case of Fidelity Guards Holdings (Pty) Ltd v CCMA and Others3, the Labour Court held that a mistake of law by the commissioner is only reviewable if it is a material error that affected the outcome of the award. The court also held that a mistake of fact is only reviewable if it is a clear error that is based on no evidence or on evidence that is contradicted by other evidence. 

Conclusion: 

In conclusion, the review process in the CCMA is limited to the grounds set out in the Labour Relations Act 66 of 1995. The courts have developed case law that clarifies the standard of review and the grounds for setting aside a CCMA award. It is important for parties to understand these grounds and to ensure that they have a proper understanding of the CCMA dispute resolution process before agreeing to refer their disputes to the CCMA. 

Annelise Petzer | SchoemanLaw Inc 
Attorney

https://schoemanlaw.co.za/our-services/civil-litigation-and-alternative-dispute-resolution/

https://schoemanlaw.co.za/our-services/employment-law/
www.schoemanlaw.co.za/our-services/commercial-law/

By Kim-Lee de Vries: Director of Operations at Bateleur Brand Planning

The findings of the Vantage Point survey indicate how the world is expected to look in the near future.

Bateleur Brand Planning sheds light on the future of consumer behaviours and preferences. With every change, businesses must innovate to meet consumer needs and stay competitive. But how do they know what the future looks like? Let's explore what the future could soon look like, according to the Vantage Point survey participants.

73% of respondents believe that virtual reality meetings will soon be possible

Socialising/hosting meetings in virtual reality with the ability to see and interact with one another in 3D

The survey results reveal that 73% of respondents believe virtual reality meetings will soon be possible, allowing for socialising and hosting meetings in virtual reality with the ability to see and interact with one another in 3D. Flash Forward Productions, the first and only company in South Africa to develop the technology to transform live events into a 3D virtual experience with a live interactive audience, makes this technology possible. Simulated technology makes a completely customisable 3D set design possible, bringing the live event experience to users.

Globally, Mark Zuckerberg’s Meta idea sparked the creation of a slew of 3D VR meeting platforms. While these are still quite rudimentary, platforms like MeetinVR deliver the first user experiences in this space. The only definitive fact that we can offer in this realm is that the technology is, right now, the worst that it will ever be.

64% of respondents think we’ll soon have conscious control over our homes

Used to control our homes and act as an intelligent PA to control elements of the house

64% of the respondents think it won't be long until we have conscious control over our homes, allowing our consciousness to control our homes and act as an intelligent personal assistant to control house elements. As more automated personal assistants perform concierge-type tasks and provide information based on voice input or commands, smart personal agents can automatically perform management or data-handling tasks based on online information without user initiation or interaction.

Google Home allows users to get help around the house through the hands-free speech recognition capability to manage schedules and control smart homes. It directs the assistant to do things like; making a reservation, setting a reminder, or playing your favourite playlist directly from your phone. Android Wear helps you make use of Google Assistant. Viv uses the latest web technologies and can work on various devices, from mobile phones to TVs, cars, and even household appliances. And the majority of us are familiar with the Siri and Alexa software, which aids in managing your activities by setting reminders to ensure efficiency.

60% of respondents believe we will soon live in a cashless world

Money in its physical form falls away to the point it is viewed as primitive

Cashless transactions are more common among consumers and companies in the current digital era. The survey found that 60% of respondents believe we will soon live in a cashless world, where money in physical form falls away to the point that it is viewed as primitive. Bateleur Brand Planning predicts a future where a cashless society could improve financial inclusion by making banking services more accessible and affordable for people currently excluded from the traditional banking system.

Spain has experienced the greatest growth rate in contactless payments in Europe; the rest of the continent is not far behind.

WeChat Pay in China is a mobile payment and digital wallet service that allows users to make mobile payments and online transactions. As of March 2016, WeChat Pay had over 300 million users.

Travellers no longer need to show boarding passes in many American airports. Scanners can now digitally process a traveller’s details like ID and match their biographical information like name and birthday against the secure flight database in real-time.

Amazon started installing biometric technology at retail locations, enabling customers to pay for goods by scanning their hands. The Amazon One system lets customers associate a credit card with their palm print, offering a contactless alternative to cash and card payments.

While these technological advancements may bring efficiency and convenience, Bateleur Brand Planning acknowledges the possible effects of these changes. A world without finance, smart homes controlled by our consciousness, and 3D virtual reality meetings would greatly impact society. There may be an increasing reliance on technology and decreased physical contact. Additionally, the possibility of governments or other organisations operating smart houses through our minds could lead to increased control and surveillance, posing privacy and security risks.

More efficiency and convenience: By allowing us to interact with the outside world and one another naturally and seamlessly, 3D virtual reality meetings and smart houses controlled by our consciousness will boost efficiency and convenience.

Increasing reliance on technology: In a future where technology is utilised to control our homes and communicate with one another virtually, there may be a loss of certain abilities like social interaction or manual dexterity and an increase in our reliance on technology.

Decreased physical contact: In a world where meetings occur virtually, there might be less physical touch between attendees, which could affect social skills and amplify loneliness.

More control and monitoring: The ability of governments or other organisations to operate smart houses through our minds could lead to increased control and surveillance, thereby posing privacy and security risks.

Possibility for economic disruption: A cashless society could have a big impact on the economy, resulting in job losses and economic upheaval in sectors related to cash handling.

Greater financial inclusion: A cashless world could improve financial inclusion by making banking services more accessible and affordable for people currently excluded from the traditional banking system.

Possibility for inequality: If access to technology is restricted to specific groups of society, a future with advanced technology like virtual reality meetings and smart houses could result in increased inequality.

Ultimately, a future with 3D virtual reality meetings, a cashless society, and intelligent homes that we can control with our minds would have a monumental impact on society. Although there may be advantages, such as efficiency and ease, it's critical to address privacy, security, and inequality issues and ensure that technology is used responsibly and ethically.

-- ENDS --

Sources:

• https://www.theglobeandmail.com/business/international-business/us-business/article-amazon-to-let-whole-foods-shoppers-pay-with-a-swipe-of-their-palm/ 
• https://www.cntraveler.com/story/tsa-is-no-longer-scanning-boarding-passes-at-these-airports 
• https://monei.com/blog/cashless-payments/ 
• https://www.predictiveanalyticstoday.com/top-intelligent-personal-assistants-automated-personal-assistants/ 

There’s a popular saying that goes: “The best time to plant a tree was 20 years ago. The second-best time is now.” It’s never been truer when it comes to taking action, especially when the wellbeing of business and society is at stake.

In Thuli Gasa’s role as the lead on Sustainability at Sumitomo Rubber South Africa (SRSA), she wears the mantle to change the game in the company’s sustainability approach.

In August 2021, SRSA’s parent company, Sumitomo Rubber Industries (SRI), headquartered in Japan, set forth a new Long-Term Sustainability Policy: “Driving Our Future Challenge 2050” where they declared a commitment to reduce carbon emissions by 50% by 2030 and achieve carbon net zero by 2050.

Says Gasa, “The motivation stemmed from our corporate philosophy framework that states, ‘through innovation we will create a future of joy and well-being for all’. We aim, as a corporate citizen, to work towards the sustainable growth and development of both our organisation and society, by contributing to the preservation of the global environment. SRI have set “GENKI” Sustainability Activity Guidelines to achieve net zero. The “GENKI” Sustainability Activity Guidelines consist of Governance, Ecology, Next-Generation Products & Solutions, Kindness, and Integrity for society.”

Soon after, SRSA followed suit and set a commitment to reduce emissions to net zero by 2050. The company has approached Sustainability as a multi departmental effort where all Executive teams have set targets to drive within their departments.

SRSA is also involved on the Environmental Committee of the South African Tyre Manufacturers Conference (SATMC), working together with other tyre manufacturers to play a bigger role as an industry to realise this goal.

The early stage

SRSA’s parent company, SRI, cascaded the Sustainability Policy and framework to all subsidiaries for alignment, and initiated the Sustainable Environmental management committee where each subsidiary is represented.

SRSA’s process started by conducting a gap analysis to understand the business in relation to emissions and then develop a five-year plan. They workshopped ideas with different departments to lay a foundation and encouraged departments to come up with initiatives for implementation.

“For the past few years, it’s been a constant process of learning and unlearning as we interrogate more about our impact on the environment and investigate the tools and strategies we have at our disposal to mitigate this. We identified simple initiatives more focused on behaviour change as the first step in our first year, before embarking on initiatives that focuses on capital investment. The Plant, however, has started implementing more capital investment-based projects to meet our target,” explains Gasa. 

Shifting plans into gear

In the past five years, SRSA has implemented the following:

• Generated 1MW of solar energy, with 6MW in the pipeline.
• Started recycling Pentathene (plastics), which saves about R1M p/a.
• Started general and process waste recycling in the waste yard, which generated over R100k revenue.
• Reduced Truck, Bus and Radial (TBR) tyre weight to light weight tyres without compromising tyre safety.
• Began sourcing 4% of natural rubber from Ivory Coast, which minimises the costs and reduced carbon footprint.
• Rolled out tree planting to rehabilitate the construction site at its manufacturing plant.
• Changed company cars to hybrid cars.
• Implemented water recycling in the plant, and roof water harvesting at its Gqeberha warehouse. 

The company is tracking against the global SRI Sustainability Framework, which is linked to the United Nations Sustainable Development Goals.

Next steps

With new technologies continuously in the pipeline, SRSA has more options to consider in decreasing emissions and reliance on fossil fuels.

“We are excited to embrace new technology and innovation that helps us reach our targets. When it comes to our product, we are also making progress in leaps and bounds. In 2013, the Sumitomo Rubber Group released ENASAVE 100, the world’s first 100% fossil resource-free tyre made from all-natural materials,” says Gasa.

Since then, SRI has continued to advance and expand the technologies acquired for the development of ENASAVE 100, with the aim of increasing the sustainable content of our tyres. SRI has set a target to manufacture tyres with 40% recycled material by 2030 and 100% by 2050. Gasa believes that through scientific research there is a potential to manufacture 100% greener tyres in the future.

“Additionally, we are in the process of searching for a Sustainability Manager for our plant operations in Ladysmith, to oversee implementation sustainability and green housekeeping programmes on site. With SRSA’s commitment to changing up the way we do things to meet our goal, using innovation and technology, there is no doubt that we can play our part in preserving the environment – and creating a future of joy and well-being for all,” concludes Gasa.

Alongside sustainability and quality lifestyle, community remains a core ethos of the Serenity Hills eco-estate development taking shape on Margate along the KZN mid-South Coast. This is well evidenced by several on-site projects, including the Sweetbike Community Project, a non-profit organisation – operating in collaboration with Serenity Hills - which recently donated 30 bicycles to deserving high school pupils at Mhlabuhlangene Senior Secondary School on the lower KZN South Coast.

The Sweetbike Community Project falls under Sweetdale Skills Center established by Swiss entrepreneurs Roland and Sibylle Wenger, alongside their children Sam and Connie in 2015. Sam Wenger, now the Development Director for Serenity Hills, is ensuring this community initiative remains an integral part of this vibrant eco-development.

“The Sweetbike Community Project was established in 2018 as a way to positively impact the lives of South Africa’s most vulnerable school children by providing them with bicycles to get to and from school daily,” explained Wenger. “The reality is that many children in rural areas drop out of school simply because of a lack of transport, and our NPO is aiming to address this one bike at a time.”

Quality bicycles are imported from Europe and refurbished at the Sweetbike Workshop which forms part of the Skills Center, employing and upskilling people from the local communities. Once ready, these bicycles are donated to children attending rural schools from Umzumbe to Port Edward.

Ayanda Masengemi, Assistant Manager at Serenity Hills who oversees the project, explained that the Sweetbike team works closely with local principals and ward councillors to identify the children who would benefit most from the bicycle donations.

“We consider schools where there are no taxis and limited alternative transport, with children having to travel an hour or more for several kilometres by foot every day to get to school,” explained Masengemi. “To date, we have donated more than 2 000 bicycles to schoolchildren, and once they have completed school, these bicycles are then refurbished and donated to others who can benefit from them. It has had a massive impact on the lives of these deserving youngsters.”

The latest handover of 40 bicycles to Mhlabuhlangene Senior Secondary School was well received, with the selection of recipients not only based on distance, but individual needs in terms of affordability, family background and reliance on grants, as well as pupil behaviour inside and outside the classroom. To maintain the safety of the bicycles, the school prints serial numbers on each one and monitors the upkeep by each recipient.

Mr B Dladla, a teacher at the school, said that children are having to travel more than 11km to and from school by foot, negatively impacting their energy and concentration levels. Further to this, he said: “With these bikes, more students will be able to participate in the afternoon classes since they will not have to leave early and walk the 11km journey to get home before dark.”

School principal, Mrs Manciya, noted that  Mhlabuhlangene had achieved a 100% pass rate for the 2022 matric results – something the donation would help them achieve again: “The bikes will cement the school’s 100% pass rate for the year 2023 and the coming years! Late-coming by school learners will decrease dramatically and they will be motivated to do well in class.”

Masengemi concluded: “The project will grow within Serenity Hills as the philosophy of the Wenger family has always been to enrich the community through job creation and skills development.”

Serenity Hills is an exquisite, subtropical paradise with Indian Ocean views and set amid lush coastal forests and rolling hills. Serenity Hills boasts top-class facilities such as The Clubhouse with swimming pools, the Infinity Bar, and The Bistro. Alongside extensive nature trails, there will be Yoga and Pilates spots, bowling greens, a volleyball field, a golf driving range and a tennis court for active residents, with on-site medical care. Serenity Hills’ partnership with @home and Weber further underscores the developers’ commitment to excellence in design. 

To find out more and book a viewing at Serenity Hills, visit www.serenityhills.co.za.

For regular updates, follow @serenityhillsecoestate on Facebook and Instagram.

A recent snap survey of property agents found that they would add, on average, 16% to their valuation of a home if it were not reliant on the municipal grid for water, electricity and sewerage.

With concerns about government service delivery failings and ageing infrastructure, more people are considering their options for reducing their reliance on the municipal grid. The good news is that doing so could add significant value to your property.

Just Property recently polled their agents to investigate demand for off-grid properties. They found that this is definitely something buyers are looking for and that, consequently, properties that were less reliant on the municipal provision of utilities are valued higher.

On average, when asked the question, “When valuing a property, how much would you add if the property is ‘off the grid’ with water?” the agents answered they’d add 9%, with Sandy van Rooyen of Just Property Hartbeespoort saying she’d add more than 20% to the valuation.

To the question, “And if it was ‘off the grid’ with electricity?” the average addition was 10%, with Marelize van Heerden of Just Property Kimberley, Henry Palk of Just Property Living, Sandra van Rooyen of Just Property Hartbeespoort, and Tamsyn Coetzee of Just Property Uitenhage saying they’d add 20%.

When asked about properties that were “off the grid” for sewerage, the average increase the agents were prepared to offer was 7%, with more than half of the individual increases being 5% and the rest between 10 and 20%.

If a home was not reliant on the municipality for any of these utilities, the average increase in value jumped to 16%, with most agents saying this would increase the home's value by 20%. One of these, Lenie van Wyk, also of Just Property Living, explained that in her experience, “homeowners are looking for safety, security, and as little disruption to utility supply as possible. Off-grid homes are becoming more sought after.”

However, a number of the agents raised issues that buyers of off-grid properties should be aware of. Denise le Roux of Just Property Living warned buyers looking at off-the-grid properties to should go in with their eyes open: “Be aware that there will be no backup from Eskom or your local municipality if anything should go wrong with the installation, and the costs for sorting out the problem will be entirely for your account.” It might be worth investigating a hybrid system, where you retain access to the grid when you need it.

Graham Ross of Just Property Blouberg added, “Even though you are off the grid, there are still costs involved on a monthly basis. Be aware of these costs as, in some cases, they could be more than being on the grid.”

Kath Robinson of Just Property Port Elizabeth emphasised that “buyers need a full understanding of exactly what they are buying when a seller is advertising an ‘off the grid property, especially when dealing with alternative electricity systems like solar panels and batteries. Ask those difficult questions: How old are the components? Who installed them? Is the company still operating? Ideally, get the opinion of a certified professional before making any decisions based on value adds and potential energy savings.”

Her PE colleague, Suzette Moco, agrees, adding that all paperwork and guarantees should be made available. “In terms of fixtures-and-fittings clause of the offer to purchase, buyers should insist that sellers ensure that off-grid installations are fully operational and noted on the electrical certificate of compliance.”

Surina Klynhout of Just Property Kuruman noted that “solar systems are more expensive to maintain”. She recommends including a stipulation in the offer to purchase a certificate of compliance for the solar system.

If agents are recognising the value that off-the-grid systems add to homes, now may be the time to push play if you’ve been thinking about investing in one or more of the options. Just be aware that, as with any upgrades you make to your property, quality is important – use an authorised installer and do your own research regarding the legislation governing off-grid installations.

WATER

Rainwater harvesting - According to the Water Services Act, it is illegal to install any plumbing component that does not comply with the relevant specifications listed in the latest versions of SANS 10106, 10252, and 10254. Rainwater Harvesting infrastructure must also meet the stipulations of National Building Regulations (NBR) SANS 10400. (Available from the SABS online store.)

Be aware that there may be local bylaws pertaining to the installation of rainwater harvesting systems. Contact your local municipality for any approvals necessary in the early stages of planning.

The KZN Policy Directive: Rainwater Harvesting For Rural And Urban Housing Projects contains useful guidelines on rainwater harvesting. It notes the national standards that are directly applicable to alternative water installations. Don’t forget to include filtration and treatment costs when compiling your budget.

Boreholes - There are several regulations governing borehole drilling and usage, and a specific process to follow when applying for various permits and licences. You can find a step-by-step guide on how to register a borehole on the website of Gauteng Boreholes. You will also need to check for bylaws covering installation, components, alteration, operation, protection, inspection and signage.

Greywater systems - The Water Research Commission has developed Guidelines for Greywater Use and Management when reusing household water (from bathrooms, kitchens and laundry equipment) to irrigate gardens or flush lavatories. This document states that, at the time of publication, there were few regulations governing greywater systems. However, when selling, depending on your local council bylaws, such installations would need to be inspected by a plumber as part of the water installation compliance certificate. It is worth reading Part B of this document in full before exploring the systems available.

ENERGY

First, work out how much energy you consume daily (kWh units) and throughout the year to determine the best system for your needs, whether that’s purely solar (inverter, batteries and panels), a mix of solar and gas, or a hybrid system that includes access to Eskom as required. You must also factor in any fluctuations you’ll be prone to due to seasonal weather changes.

Solar - Be aware that the installation of solar panels, whether you buy, subscribe or rent to own, is governed by the National Building Regulations, Occupational Health and Safety (OHS) Act, and the Construction Regulations. If your installation did not comply with these regulations and something went wrong, say, your solar geyser burst, insurance would not cover you.

According to the Electrical Contractors Association of South Africa, “No person other than an Installation Electrician (IE) and a Master Installation Electrician (MIE) can issue a Certificate of Compliance on a solar installation. No other qualification other than an IE or MIE can qualify a person to do so. No solar installation is allowed to be used by any end-user without it having been inspected and certified as safe by an IE or an MIE… It is illegal to install [photovoltaic installations] when you are not a registered electrical contractor.”

If you plan to take advantage of the City of Cape Town and the National Government’s initiatives to encourage consumers to put their excess energy back into the grid, make sure you install the approved components, including a bi-directional meter.

Gas - A gas compliance certificate is required for built-in gas stoves, geysers, braais and fireplaces etc. An authorised expert will need to be satisfied that the installation complies with current regulations, for example, that the emergency shut-off valves and other components have been installed in the correct positions (in relation to electrical points etc.). Cylinders outdoors need to be a certain distance from doors, drains, windows and electrical appliances and undercover.

SEWAGE

If you plan to install a non-sewered sanitation system that uses a septic tank, conservancy tank or French drain, it must be designed and installed in accordance with SANS 10400-P to satisfy the requirements of Part P of the National Building Regulations and Building Standards Act. It is also advisable to check local bylaws.

South Africa is one of the first countries in the world to adopt the ISO 30500 standard on non-sewered sanitation. “While [the Department of Water and Sanitation] can make recommendations regarding certain technologies, it is ultimately the municipality’s choice with regard to the type of sanitation solutions that will be implemented,” says Dr Preyan Arumugam-Nanoolal, a research scientist at the Water, Sanitation & Hygiene Research & Development (WASH R&D) Centre, University of KwaZulu-Natal.

A final reminder for buyers from Ruan Alberts of Just Property Living: “When a property presents itself with off-the-grid features, make sure that every component is in working order. Even if legislation doesn't require compliance certificates, seek the guidance of reputable companies/installers in the area.”

For more information on Just Property, please visit www.just.property or call (087) 583 3333.

by Annelise Petzer | SchoemanLaw Inc
Category: Technology Law | POPIA | AI | CHAT GPT

Introduction

The field of technology law has seen significant growth over the past few years in South Africa. With the rapid pace of technological advancements and the increasing reliance on technology in various industries, the legal system must keep up with these changes. In this article, I will explore the future of tech law in South Africa.

The Protection of Personal Information Act (POPIA)

One of the areas where technology law is likely to see development in South Africa is the regulation of data privacy. The Protection of Personal Information Act (POPIA) protects personal information and regulates the processing of personal data. However, with the rise of big data and the increasing use of technology in various industries, the legal framework surrounding data privacy will likely evolve in the coming years. This may include changes to POPIA itself, as well as new legislation and case law that addresses emerging issues in data protection. These issues include, but are not limited to –

- Cross-border data transfers: One of the emerging issues in data protection in South African law is the regulation of cross-border data transfers. Under POPI, personal information may only be transferred to a foreign country if that country has adequate data protection laws in place or if the data subject consents to the transfer. However, determining whether a country has adequate data protection laws is a complex and subjective process. As a result, many organizations are struggling to comply with this requirement. Additionally, the requirement for data subject consent may not always be practical, particularly where large volumes of personal information are involved.

- Data breaches: Another emerging issue in data protection in South African law is the regulation of data breaches. POPI requires organizations to take reasonable measures to prevent the loss, damage, or unauthorized access to personal information. In the event of a data breach, organizations are required to notify both

the regulator and affected individuals. However, there is currently no clear guidance on what constitutes reasonable measures or on the specific notification requirements in the event of a breach. This lack of clarity has led to some uncertainty and confusion among organizations about how to comply with these requirements.

Artificial Intelligence (AI)

Another area where tech law will likely see development is regulating artificial intelligence (AI) and machine learning. As AI and machine learning become more widespread, concerns exist about their potential impact on the following areas:

- Privacy: AI and machine learning algorithms require large amounts of data to function effectively, and this data often includes personal information. There are concerns about how this data is collected, stored, and used, and the potential for data breaches or misuse of personal information. There is also a risk that AI and machine learning systems may lead to increased surveillance and monitoring, which could impact individuals' privacy.

- Security: AI and machine learning systems can be vulnerable to cyber-attacks, which could compromise their integrity and result in significant harm. There is also a risk that AI and machine learning systems may be used to carry out cyber-attacks, such as through automated phishing or social engineering attacks.

- Ethical considerations: There are concerns about the potential for AI and machine learning systems to perpetuate bias and discrimination, particularly against marginalized groups. There is also a risk that AI and machine learning systems may be used for nefarious purposes, such as automated propaganda or manipulation of public opinion.

In South Africa, no specific legislation currently governs the use of AI and machine learning. Therefore, to address these concerns, it is important for South African organizations and policymakers to prioritize privacy, security, and ethical considerations when developing and implementing AI and machine learning systems. This may involve developing robust data protection policies, ensuring adequate cybersecurity measures are in place, and promoting transparency and accountability in AI and machine learning systems.

ChatGTP

The role of ChatGPT in the future of legal research and analysis cannot be overstated. As a large language model, ChatGPT has the potential to revolutionize the way legal research is conducted in South Africa. With the increasing volume of case law and legislation, it can be challenging for legal practitioners to keep up with developments in the field. ChatGPT can quickly and accurately analyze large volumes of legal texts, allowing legal practitioners to identify relevant case law and legislation. Additionally, ChatGPT can assist in legal writing by providing suggestions for legal arguments based on its analysis of previous case law and legislation.

Conclusion

In conclusion, the field of technology law in South Africa is likely to see significant growth and development in the coming years. With the rapid pace of technological advancements and the increasing reliance on technology in various industries, the legal system must keep up with these changes. The regulation of data privacy and AI and machine learning are two areas where tech law is likely to see development. Case law and legislation will be crucial in shaping these technologies' legal frameworks. ChatGPT also has the potential to revolutionize legal research and analysis in South Africa and will undoubtedly play a significant role in the future of tech law in the country.

Contact an attorney at SchoemanLaw for your legal needs!

Annelise Petzer | SchoemanLaw Inc
Attorney
https://schoemanlaw.co.za/our-services/technology-law-smart-contracts-and-cyber-law/

The name Charmaine Mabuza has of late become synonymous with profound, phenomenal excellence in the world of business.

The unassuming ITHUBA Group CEO, Charmaine Mabuza was recently nominated and eventually announced as a winner in the Businesswoman of the Year Award category, respectively.

The Annual Premier Black Business Quarterly Awards (BBQ Awards) were held at Emperors Palace,  Johannesburg on Friday, 24th March 2023.

This was 19th instalment of the ever-prestigious and distinguished Awards ceremony.

To be considered a finalist under the aforementioned category, required entrants to display elements of original entrepreneurship and leadership, strongly backed by demonstratable diversification and innovation within specific areas of operation, as well as proven   community involvement and commitment to a number of sustainable community projects and initiatives, that have a socio-economic environmental impact, especially in disadvantaged communities.

These qualities resonate very much with Mabuza.

Raised in Empangeni in KwaZulu Natal, Mabuza was raised by her single parent. She instilled in her the values of hard work, self-reliance, and consistency, which helped shape her view and drive to succeed despite societal barriers.

Having been honoured for most of her entire business career, and still counting, Mabuza has proven to be well-deserving recipient of the Awards.

Mabuza's humble origins, entrepreneurial roots, and passion for helping South Africans are the driving force behind ITHUBA’s culture and purpose.

Through ITHUBA, Mabuza has successfully transformed a traditional retailer-dominated business model with fixed terminals in-store, into a digitally-driven organisation by implementing an integrated solution across multiple platforms.

Whilst many other lotteries worldwide had to put their draws on hold during the COVID-19 lockdown period, ITHUBA continued to conduct draws during the entire period. This shows that the company had well-grounded, innovative business continuity plans in firmly place, to counter any adverse or unfavourable business occurrence.

It is a given that Mabuza's passion lies in the gaming sector. That in itself had a spill-over effect in the form of socio-economic development, directed to those that did not have the means to sustain themselves. As a philanthropist, she has independently set up a series of social corporate responsibility projects.

Another passion project she has firmly in place, is the ITHUBA Bursary Programme, which caters to students from underprivileged backgrounds, who have unparalleled interest to study in the fields of Marketing, Information Technology, and Commerce.

Other significant programmes she established to date, include the Supplier Enterprise Development programme (SED), a funding programme initiated to alleviate the impact of COVID-19.

"At ITHUBA, we strongly believe that entrepreneurship is critical in driving economic growth," says Mabuza.

These are just some of the many projects that defines Mabuza as a determined and focused change advocate.

As her success is evident from hard work, determination, and boldness to break the ceiling, Mabuza concludes by saying that her journey will not stop anytime. "I have plans in place. And that is to grow as an entrepreneur and an internationally recognised businesswoman."

As buyers seek out the security, all-inclusive facilities, and natural resources characteristic of coastal estates, development potential continues to escalate along the KZN coastline. And within the newly launched Renishaw Coastal Precinct on the KZN Mid-South Coast, the release of two key development sites is set to attract significant investor interest.

Surrounded by a dense coastal forest with easy access to the nearby N2 are two hilltop sites zoned for residential use. These are both found within Node 1 which has already received the necessary approval in terms of the Umdoni Spatial Planning and Land Use Management Act. The first site of 1.5 hectares is portioned for 38 units, while the larger 5.2-hectare node has capacity for 131 units – both of which are ideally suited to the development of secure eco-estates.

“We’ve witnessed the rampant development of gated estates along the KZN North Coast as buyers seek out secure, family-friendly living environments,” noted Barto van der Merwe, MD of Renishaw Coastal Precinct. “This trend is only set to grow, and with the KZN Mid-South Coast notably lacking in such security villages, there is incredible potential for developments of this kind.”

These two prime sites form part of the 1 300-hectare Renishaw Coastal Precinct, one of the country’s largest property development initiatives by Renishaw Property Developments, backed by the JSE-listed Crookes Brothers. This is the first of five nodes to be developed within this mixed-use precinct, which is set to be self-reliant in terms of water supply and power generation.

“We cannot overlook the fact that going off the grid is now first-option for most homeowners which is why self-reliance is a central tenet of Renishaw Coastal Precinct,” he continued. “For these particular sites, off-grid water and sanitation is being provided, and we are currently in discussions around the provision of renewable electricity.”

A road has already been established with further discussions taking place about the development of a nearby filling station, a shopping centre, a hospital, as well as a school catering from pre-primary to grade 12. This is all set within an indigenous coastal forest with ongoing rehabilitation to remove alien invasives and plant thousands of trees, attracting indigenous birds and wildlife.

The sites are also just off the road leading to Renishaw Hills, a 25-hectare mature lifestyle estate established in Node 1 in 2016. Renishaw Hills is the area’s first billion-rand development accommodating more than 300 residents with some R400-million in sales to date. With house prices escalating by more than 50% in five years, this is an impressive example of the demand for secure, nature-based estates in the area, and the incredible potential these sites offer developers.

Alongside Renishaw Hills and the residential sites, Node 1 includes a Heritage Village consisting of 35 farm employee houses with plans to upgrade them into Natal Verandah-style homes with a modern twist, as well as a further 60 sites for development within this village. There’s the old Renishaw Mill boasting potential for a retail hub complete with artisanal bakeries, coffee shops, restaurants, farm stalls, and an events venue to accompany the old Crookes Chapel. Renishaw Café, a recent addition to the area, has already become a defining feature to set the tone for this family-friendly setting.

Investors are urged to get in early and enjoy the massive economic potential set to be unlocked on the KZN Mid-South Coast.

For more on Renishaw Coastal Precinct, visit www.renishaw.co.za or call Barto van der Merwe on 087 135 5555.

Load shedding has become an all-too-common occurrence in South Africa in recent years. The country's power grid has struggled to keep up with the ever-increasing demand for electricity, resulting in power outages that can last for hours. However, there is a solution that can help mitigate the risk of load shedding: dry ice.

Dry ice, also known as solid carbon dioxide, is a substance that is commonly used in a variety of industrial and commercial applications. It is made by compressing and cooling carbon dioxide gas, which causes it to turn into a solid. The resulting product is extremely cold (-78.5°C/-109.3°F), making it an effective coolant for a variety of applications.

(You might be looking for top quality dry ice for sale)

One of the most promising applications of dry ice is in the field of energy storage. By using dry ice as a coolant, it is possible to create a system that can store excess energy during times of low demand and release it during times of high demand. This is particularly useful in the context of load shedding, as it allows energy to be stored and released on demand, helping to stabilize the power grid and prevent blackouts.

(You might be looking for a dry ice for sale supplier to the African continent)

There are a few different ways that dry ice can be used to mitigate the risk of load shedding in South Africa. One approach is to use it in conjunction with renewable energy sources, such as wind or solar power. During times when these sources are generating more energy than is needed, the excess can be used to compress and cool carbon dioxide gas, creating dry ice that can be stored in specially-designed containers. When energy demand is high, the dry ice can be released, creating a cooling effect that can be used to power turbines and generate electricity.

Another approach is to use dry ice to create a backup power system that can be used in the event of a power outage. By storing dry ice in containers that are connected to a generator, it is possible to create a system that can provide electricity even when the main power grid goes down. This can be particularly useful in areas that are prone to frequent power outages, such as rural communities or areas with unreliable power infrastructure.

Of course, there are some challenges associated with using dry ice to mitigate the risk of load shedding in South Africa. One of the biggest is the cost of the technology involved. Creating a dry ice-based energy storage system requires specialized equipment and infrastructure, which can be expensive to install and maintain. However, there are already companies working on developing affordable solutions, and as the technology becomes more widely adopted, costs are likely to come down.

Another challenge is the need for adequate storage facilities. Dry ice must be stored at extremely cold temperatures, which requires specialized containers and refrigeration equipment. It is important to ensure that these facilities are well-maintained and properly insulated, to prevent the dry ice from melting or sublimating and losing its effectiveness.

Despite these challenges, there is reason to be optimistic about the potential of dry ice to mitigate the risk of load shedding in South Africa. The country has abundant sources of renewable energy, and with the right infrastructure in place, it should be possible to store and release this energy on demand using dry ice technology. This would not only help to stabilize the power grid, but would also reduce the country's reliance on fossil fuels and promote a more sustainable energy future.

In conclusion, load shedding is a major issue in South Africa, but there are solutions that can help mitigate the risk. Dry ice technology offers a promising approach, allowing excess energy to be stored and released on demand, creating a stable and reliable source of power. While there are certainly challenges associated with implementing this technology, the potential benefits are significant, and as costs come down and infrastructure improves, it is likely that we will see more and more dry ice-based energy storage systems in South Africa and around the world.