1 DECEMBER 2015
18 NOVEMBER 2015
Department of Labour appoints Lennie Samuel
Department of Labour appoints Lennie Samuel Presiding Inspector of Grayston Drive Pedestrian and cyclist structural bridge collapse Inquiry
The Department of Labour Chief Inspector, Tibor Szana today (18 November) officially announced the appointment of Mr Lennie Samuel as the Presiding Inspector to head the Section 32 Inquiry into the collapse of the temporary walkway bridge between Sandton and Alexandra on the M1 freeway.
Samuel has 30 years of service with the Department. He was a forensic investigator and co-commissioner for the Tongaat Mall Structural Collapse Inquiry.
The latest announcement follows a media briefing held by the Department of Labour on October 28 – in which it released a preliminary report on the state of the collapsed bridge – and announced it will set up a section 32 inquiry in terms of the Occupational Health and Safety (OHS) Act.
In terms of the mandate from the Chief Inspector, Samuel will preside over the formal inquiry to determine if there was any contravention of the OHS Act and any of its Regulations which led to the uncontrolled collapse of the aforesaid structure or any part thereof, consequently resulting in the untimely deaths and injuries of the people.
The collapse of the temporary bridge in the Grayston Drive Pedestrian and cyclist structure led to the deaths of two people and injury to 19 others.
Szana wished to reiterates that at this stage, no party stands accused of any wrong doing leading to the untimely collapse of the structure.
The Grayston Drive Pedestrian and cyclist structural bridge collapse inquiry will be held in public. The Inquiry is expected to last at least six months. Post the Inquiry the Presiding Inspector (Samuel) will be expected to compile a written report which will be forwarded to the Office of the Department of Labour Chief Inspector, who will subsequently hand it over to the National Prosecuting Authority for a decision.
Samuel said a crucial briefing session will be held on 8 December 2015 at the Tshwane Municipal Offices in Pretoria (Tshwane) to unveil the terms of reference of the Inquiry. The briefing session will also include unveiling of a media protocol on the media coverage of the Inquiry.
He said on Tuesday (17 November) there was a meeting with 26 role players ranging from Murray & Roberts, legal representatives, the City of Johannesburg, The Johannesburg Roads Agency, engineers, Foamscaff, and all interested players in the matter. He said the meeting came following a request by Murray & Roberts to seek permission to remove the temporary collapsed structure on the site of the accident.
“The request to remove the collapsed structure was not granted until all stakeholders have sufficiently documented the site of the accident. No stakeholder should feel prejudiced by the removal,” Samuel said. He said the meeting agreed Murray & Roberts should first prepare a protocol document highlighting procedures that would be followed ,the stages of removal, safety specifications, safety plans and related matters.
He also said Murray and Roberts has also been requested to circulate all protocol documents by November 20, and once all these have been accepted by all parties the Department of Labour would then consider the request by Murray and Roberts to remove the collapsed structures. Samuel cautioned that the removed structure, while it would be kept with Murray & Roberts, it would still be under the control of the Department of Labour.
“While all these processes are unfolding, the Department of Labour is still continuing gathering statements and evidence,” Samuel said.
Further details regarding the Inquiry will be communicated in the next few days.
Issued by Department of Labour Communication Directorate
Acting Departmental Spokesman
4 NOVEMBER 2015
POPI Act? (The Protection of Personal Information Act)
Please take the time to read the information below, seeing that this Act affects everyone. Even a document like your visitors book will need to be protected, seeing that there is personal information on there.
What is POPI all about?
POPI refers to South Africa’s Protection of Personal Information Bill which seeks to regulate the Processing of Personal Information.
Personal Information broadly means any information relating to an identifiable, living natural person or juristic person (companies, CC’s etc.) and includes, but is not limited to:
• contact details: email, telephone, address etc.
• demographic information: age, sex, race, birth date, ethnicity etc.
• history: employment, financial, educational, criminal, medical history
• biometric information: blood type etc.
• opinions of and about the person
• private correspondence etc.
Processing means broadly anything done with the Personal Information, including collection, usage, storage, dissemination, modification or destruction (whether such processing is automated or not).
Some of the obligations under POPI are to:
only collect information that you need for a specific purpose
apply reasonable security measures to protect it
ensure it is relevant and up to date
only hold as much as you need, and only for as long as you need it
allow the subject of the information to see it upon request
When will POPI affect me?
The Bill is expected to become law in early 2013. A compliance grace period of 1 year will exist, which may be extended to a maximum 3 years after the Act has come into force.
Does POPI really apply to me?
Accountability for compliance rests with a Responsible Party, meaning a public or private body or any other person which,
alone or in conjunction with others, determines the purpose of and means for processing personal information. Generally the Responsible party must be resident in South Africa or the processing should occur within South Africa (subject to certain exclusions).
There are cases where POPI does not apply. Exclusions include:
• purely household or personal activity
• sufficiently de-identified information
• some state functions including criminal prosecutions, national security etc.
• journalism under a code of ethics
• judiciary functions etc.
Why should I comply with POPI?
POPI promotes transparency with regard to what information is collected and how it is to be processed. This openness is likely to increase customer confidence in the organisation.
POPI compliance involves capturing the minimum required data, ensuring accuracy, and removing data that is no longer required. These measures are likely to improve the overall reliability of the organisation databases.
Compliance demands identifying Personal Information and taking reasonable measures to protect the data. This will likely reduce the risk of data breaches and the associated public relations and legal ramifications for the organisation.
Non-compliance with the Act could expose the Responsible Party to a penalty of a fine and / or imprisonment of up to 12 months. In certain cases the penalty for non-compliance could be a fine and / or imprisonment of up 10 years.
Who is affected by this legislation?
The answer is quite simple – everybody. Every business will have to align itself with this Act or face the consequences, and every individual and business is entitled to the protection afforded by this Act.
How bulky is the process to align with the legislation?
Depending on the current practices and policies of the business, experts in the field estimate anything from 6 months to 5 years.
Who is going to be held accountable should I not comply with the legislation?
The business owner/s will be held accountable in terms of this Act.
I run a small business with few personnel and clients. Why must I adhere to this Act?
The Act does not make a distinction between small, medium or large businesses and everybody is measured according to the same standard.
What is the benefit for me/my business when I comply with this Act?
The benefit lies in the fact that you are operating lawfully in terms of the South African legislation. Consumer confidence studies have shown that consumers would, in 90% of cases, much rather do business with companies that are transparent who complies with legislation, than any other business.
What is personal information?
The definition of Personal Information in terms of the legislation makes it difficult, if not impossible, to exclude ANY information as not being personal.
What are the consequences should I decide to not comply with the legislation?
The Act is clear in this regard and administrative fines can reach up to R 10 million and / or imprisonment for up to 10 years.
2 NOVEMBER 2015
New car licence rules for SA: This might irk you…
SA drivers are now required to provide a proof of residence when applying to renew their vehicle licence.
The new rule came into effect on Monday (November 2 2015) by the National Department of Transport as part of Regulation 32A of the National Road Traffic Regulations.
Drivers, whose vehicle licences are up for renewal in November, should take note that the issuing of a vehicle licence disc could be denied if these new requirements are not met.
The department said the new requirements entail the provision of proof of a person’s particulars (full names and identity document) and the residential and postal address for verification when:
• There is a change of the person’s particulars or change of address
• When an application is made for a national traffic information system (NaTIS) service at the City’s Motor Vehicle Registration offices or at a driving licence testing centre.
• These include, amongst others, applying for a driving licence, applying for the renewal of a driving licence, applying for a learner’s licence, applying for vehicle licence disc, renewing a vehicle licence disc, and registering a vehicle.
Proof of address can include a utility bill issued by the municipality, a telephone account and retail store account (provided that it is not older than three months).