Legislation

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Through its work-streams, ValuWaste (Pty) Ltd has to comply with a number of legislation. Hereunder is a list and brief description of some of the national legislation that are relevant to the company’s business success:

Accreditation for Conformity Assessment, Calibration and Good Laboratory Practice Act, 2006 (Act No. 19 of 2006): Provide for an internationally recognised and effective accreditation and monitoring system for South Africa by establishing the South African National Accreditation System (SANAS) as a juristic person; to recognise SANAS as the only accreditation body in South Africa for the accreditation of conformity assessment and calibration, as well as the monitoring of good laboratory practice (GLP).

Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003): Establish a legislative framework for the promotion of black economic empowerment (BEE), empower the minister to issue codes of good practice and publish transformation charters, establish the B- BBEE (broad-based black economic empowerment) Advisory Council and provide for matters connected therewith.

Companies Act, 2008 (Act No. 71 of 2008): Provide a new legislative framework for the incorporation, registration and management of companies; establish a Companies and Intellectual Property

Commission (CIPC) and National Consumer Tribunal (NCT); and provide for matters connected therewith.

Consumer Protection Act, 2008 (Act No. 68 of 2008): Promote a fair, accessible and sustainable marketplace for consumer products and services, and for that purpose to establish national norms and standards relating to consumer protection; provide for improved standards of consumer information; prohibit certain unfair marketing and business practices; promote responsible consumer behaviour; promote a consistent legislative and enforcement framework relating to consumer transactions and agreements; establish the National Consumer Commission (NCC); and repeal certain laws.

Convention on Agency in the International Sale of Goods Act, 1986 (Act No. 4 of 1986): Provide for the application in South Africa of the Convention on Agency in the International Sale of Goods adopted by the United Nations International Institute for the Unification of Private Law.

Copyright Act, 1978 (Act No. 98 of 1978): Regulate copyright in respect of, among other things, artistic works, dramatic works, computer programs, and musical and literary works.

Counterfeit Goods Act, 1997 (Act No. 37 of 1997): Strengthen prohibitions on trade in counterfeit goods; confer powers on inspectors and the police to enter and search premises, with and without a warrant; and confer powers on customs and excise to seize and detain suspected counterfeit goods.

Designs Act, 1993 (Act No. 195 of 1993): Consolidate the law relating to designs, provide for the registration of designs, and delineate the rights pertaining thereto.

Export Credit and Foreign Investments Insurance Act, 1957 (Act No. 78 of 1957): Establish the Export Credit Insurance Corporation and promote trade with countries outside South Africa by providing for the insurance, on behalf of the South African government, of contracts in connection with export transactions, investments and loans or similar facilities connected with such transactions.

Intellectual Property Laws Rationalisation Act, 1996 (Act No. 107 of 1996): Provide for the integration of intellectual property (IP) rights subsisting in the former homelands (Transkei, Bophuthatswana, Venda and Ciskei) into the national system; extend South African IP rights legislation throughout South Africa; and repeal certain IP laws.

International Convention for Safe Containers Act, 1985 (Act No. 11 of 1985): Provide for the application in South Africa of the International Convention for Safe Containers so as to maintain a high level of safety of human life in the handling, stockpiling and transporting of containers.

Legal Metrology Act, 2014 (Act No. 9 of 2014): Provide for the administration and maintenance of legal metrology technical regulations in order to promote fair trade and protect public health and safety and the environment, and provide for matters connected therewith.

Liquor Act, 2003 (Act No. 59 of 2003): Establish national norms and standards to maintain economic unity within the liquor industry, provide for essential national standards and minimum standards required for the rendering of services, provide for measures to promote cooperative governance in the area of liquor regulation, and provide for matters connected therewith.

Manufacturing Development Act, 1993 (Act No. 187 of 1993): Establish the Manufacturing Development Board, provide for the establishment of programmes for manufacturing development, and provide for matters incidental thereto.

Measurement Units and Measurement Standards Act, 2006 (Act No. 18 of 2006): Provide for the use of the measurement units of the International System of Units; provide for the designation, keeping and maintenance of national measurement units and standards; provide for the establishment and functions of the National Metrology Institute of South Africa (NMISA); and provide for the repeal of certain laws.

Merchandise Marks Act, 1941 (Act No. 17 of 1941): Make provision concerning the marking of merchandise and of coverings in or with which merchandise is sold, and the use of certain words and emblems in connection with business.

National Empowerment Fund Act, 1998 (Act No. 105 of 1998): Establish a trust for the promotion and facilitation of ownership of income- generating assets by historically disadvantaged persons; set out the objects of the trust; provide for the powers, appointment and mode of operation of the trustees; provide for the establishment of other investment entities for the attainment of the objects; provide for the powers of the minister to give implementation directives; provide for the sale of shares in state-owned commercial enterprises at a discount to the trust or by the trust to the beneficiaries; provide for the control of the financial affairs of the trust; provide for the establishment of an investment holding company by the trust; provide for the promulgation of regulations; provide for the dissolution of the trust; and provide for other incidental matters.

National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008): Provide for the administration and maintenance of compulsory specifications in the interest of public safety, health and environmental protection; and provide for the establishment of the National Regulator for Compulsory Specifications (NRCS).

National Supplies Procurement Act, 1970 (Act No. 89 of 1970): Empower the responsible minister to manufacture, produce, acquire, hire or import goods; acquire, hire or supply services; exercise control over goods and services, and the manufacture, production, processing and treating of goods; and provide for the establishment and administration of a national supplies procurement fund.

Patents Act, 1978 (Act No. 57 of 1978): Provide for the registration and granting of letters, patents for inventions, and for the rights of a patentee.

Protection of Businesses Act, 1978 (Act No. 99 of 1978): Restrict the enforcement in South Africa of certain foreign judgments, orders, directions, arbitration awards and letters of request; and prohibit the furnishing of information relating to businesses in compliance with foreign orders, directions or letters of request.

Protection of Investment Act, 2015 (Act No. 22 of 2015) [Assented to by the President on 15 December 2015 but has not yet commenced]: Provide for the protection of investors and their investments; achieve a balance of rights and obligations that apply to all investors; and provide for matters connected therewith.

Rationalisation of Corporate Laws Act, 1996 (Act No. 45 of 1996): Provide that certain corporate laws shall apply throughout South Africa; repeal certain corporate laws; and provide for the retrospective incorporation of certain putative close corporations.

Registration of Copyright in Cinematograph Films Act, 1977 (Act No. 62 of 1977): Provide for the registration of copyright in cinematograph films and for matters connected therewith.

Special Economic Zones Act, 2014 (Act No. 16 of 2014): Provide for the designation, development and management of special economic zones; establish an advisory board and a fund; regulate the issuing, suspension, withdrawal and transfer of permits; and provide for matters connected therewith.

Standards Act, 2008 (Act No. 8 of 2008): Provide for the development, promotion and maintenance of standardisation and quality in connection with commodities and the rendering of related conformity assessment services, and, for that purpose, provide for the continued existence of the South African Bureau of Standards (SABS) as the peak national institution; provide for the repeal of the Standards Act, 1993 (Act No. 29 of 1993); and provide for transitional arrangements.

Sugar Act, 1978 (Act No. 9 of 1978): Consolidate and amend the laws relating to the sugar industry, and provide for matters incidental thereto.

Temporary Removal of Restrictions on Economic Activities Act, 1986 (Act No. 87 of 1986): Empower the president to suspend temporarily laws or conditions, limitations or obligations thereunder if their application unduly impedes economic development or competition.

Trade Marks Act, 1993 (Act No. 194 of 1993): Consolidate the law relating to trademarks; and provide for the registration of trademarks, the certification of trademarks and collective trademarks, and for the protection of rights relating thereto.

Unauthorised Use of Emblems Act, 1961 (Act No. 37 of 1961): Provide for the continued operation of certain laws relating to the use of certain emblems and representations; and extend the scope of such laws.