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The Durban Chamber of Commerce and Industry welcomes this opportunity to support our City as eThekwini Municipality takes specific action to collaborate with the business community to find solutions that address our ailing economy. Over the years, the Durban Chamber of Commerce and Industry has partnered with eThekwini Municipality on numerous initiatives and will continue to work and engage with the City to ensure that Durban is a conducive environment in which to do business. Our key ambition is to help revive, revitalise and preserve the City so that we can truly live up to our City’s vision to be Africa’s Most Caring and Liveable City. The Durban Chamber of Commerce and Industry believes there needs to be stronger cooperation and collaboration between the private and public sectors to facilitate the recovery of our economy. Hence, the Durban Chamber strongly supports the establishment of the eThekwini Economic Council. As organised business, we are optimistic that this compact will help facilitate relevant strategic industry inputs and insights into economic development policy and also promote creative and innovative solutions to pressing economic issues. We call on all our members to take advantage of the opportunity to engage the eThekwini Economic Council through the Durban Chamber of Commerce and Industry and strive to make a Durban a better place for all. For more info, contact the Durban Chamber on T: =27 (0)31 335 1000 E: info@durbanchamber.co.za Website: www.durbanchamber.co.za

Premier of KwaZulu-Natal Sihle Zikalala welcomed Honorary Consul General of Indonesia, Ebrahim Patel at an event held on 29 September 2020. Patel will be based in the province, in Durban, and will serve as the link for the two countries to assist them to grow in various aspects. Premier Zikalala said it is important to continue to uphold and preserve the values and beneficial relations with international communities. He said South Africa has a longstanding relationship with the Republic of Indonesia as the two countries share common values of prosperity and safety for all. “Indonesia is a strategic country to develop close ties in education and economic stimulation as it is known for trade and social engagement. As we further cement working relationships with Indonesia, we are creating an opportunity for economic and social growth in both countries,” he said. Representing eThekwini Mayor Councillor Mxolisi Kaunda, eThekwini Speaker Councillor Weziwe Thusi said the establishment of the Consulate General in the City will strengthen the productive relationship and cooperation between the two countries. “We are reinforcing mutual linkages with various countries for the benefit of the people of Durban and KwaZulu-Natal. City leadership will be working closely with Honorary Patel on agreed areas of cooperation for the benefit of the people,” said Councillor Thusi. She said the close cooperation will rebuild economies post Covid-19 and will achieve developmental goals to better the lives of residents. The Ambassador of the Republic of Indonesia, His Excellency Salam Al Farisi said the cooperation must reflect on sharing experiences in order to develop the economy of both countries.

In order to bring change into business, capital investment projects are continuously being sort. This allows for the expansion of business, either to develop a new product that may be sold; or in fact improve manufacturing processes to reduce operational expenditure. Mankind has been involved in projects since the construction of the great pyramids. These complex projects were managed without any of the sophisticated technology available today. However, in modern society, the nature of projects and the environments in which they exist have changed significantly. Many modern projects involve challenges in terms of technical complexity, cost constraints, resource constraints, environmental uncertainty, and demanding time schedules in order to ensure maximised production. Currently, organisations around the world face high project implementation failure rates, resulting in millions being wasted. Despite the availability of project management tools, techniques and technology, mega-projects are still running overdue and over budget. Projects in the oil and gas industry are at the forefront to building economies and hence organisations need to ensure due diligence in all aspects. It is a common misconception in the gas industry that imported gas equipment will automatically be suitable for use in the South African gas market. This is especially true when the importer foresees ‘potential savings’. Currently there is a gap that needs to be addressed by the local gas association which will ensure that international companies understand minimum South African compliance requirements. The user and importer of gas equipment should equip themselves with the relevant standards, regulations and regulatory body requirements before import considerations. These include: · South African National Standards (SANS) 329 which addresses the requirements for industrial thermoprocessing equipment. · Pressure Equipment Regulations (PER) which is part of the Occupational Health and Safety Act. · The Safe Gas Equipment Scheme (SGES) which governs all imported natural gas equipment. This scheme was established by the South African Gas Association (SAGA) to ensure that all equipment meets acceptable standards. As recently as 2019, there have been various cases of customers who have had to incur additional costs in excess of 12% of their total procurement costs due to rework of the imported gas systems that did not comply with local requirements. The project delays due to rework also contribute to the missed opportunity of not commissioning the plant timeously. In a recent case study, the following was discovered: · Customer imported equipment from China · Gas trains and pipeline were designed according to Chinese standards · Burners did not have name plates nor technical data · No mechanical flow diagrams · No data packs available · This resulted in: · Failure of the Authorised Gas Practitioner to issue a Certificate of Conformity (CoC) · Discarding of 70% of the procured equipment · Over expenditure of approximately half a million rand as a result of rework The consequences of noncompliance, apart from criminal charges for not adhering to the law, often include delays in commissioning, negative reputational impact, loss of potential opportunities and increased expenditure emanating from rework. This costly exercise could have been prevented had the respective advisors been consulted prior to embarking on such a significant project investment. SLG’s customer value proposition goes beyond gas supply: technical feasibility studies, regulatory licenses, installations, commissioning and postinstallation technical and safety training are facilitated by SLG as value added services. Website: www.slgas.co.za #KZNbusinesssense #slg

Mthoko Mbatha was the Group CEO of SLG (Pty) Ltd, the second largest trading company of Natural Gas in South Africa. SLG is an award winning 100% black owned company, which commenced its operation in July 2002. Mthoko Mbatha was seconded to Spring Lights Gas in 2004 where his long and illustrious career in the gas industry really started to blossom. It was Mthoko Mbatha who led the growth of Spring Lights Gas from a company with 18 customers to the giant that the company is today in the natural gas industry. His career saw him grow from an energy advisor to sales manager in a relatively short space of time. He crowned his career progression with being the first of the Spring Lights Gas employees to study and graduate with an MBA from Mancosa (with Distinction), while managing the sales department of a fast growing black owned and managed company in a very tough and legacy driven industry. Something that was no small feat to achieve. Mthoko Mbatha worked diligently, with absolute distinction and professionalism, creating not only the brand of SLG his own personal brand that was underpinned by humility, professionalism, compassion and absolute dedication to his craft. When the time had come and at an age of only 42, he was rewarded with the appointment to Group CEO and Executive Director of the SLG Group, which is the second largest natural gas trading company in South Africa and also owns the largest Compressed Natural Gas facility in Southern Africa. Mthoko Mbatha spent 16 illustrious years at SLG where he touched thousands of lives in ways that are indelible, unforgettable and absolutely profound, forming deep professional relationships. He had a gift and an ability to make everyone around him feel important, valued, heard, appreciated and respected through his unwavering humility and warmth, no matter the issue, place or nature of the engagement. Informed by his approach to business, which was very much customer and people centricity, Mthoko Mbatha said that the company’s future was contingent on the success of its customers in their respective sectors. He added that it was imperative that SLG’s customers were understood in order for the company to create value for its customers. Mthoko Mbatha was personally vested in the company’s social investment programme. He had a passion for the execution of projects aimed at the development of maths and science in historically disadvantaged schools. Mthoko Mbatha always took great pride in his staff. He said, “Our staff are our most valuable assets and we continually bolster their knowledge by ensuring that they engage the latest industry developments and trends. Hence, our “People First” ethos underpins every aspect of our operations especially our interaction with our customers, suppliers, employees, regulatory bodies and communities within which Mthoko Mbatha we operate.” Mthoko Mbatha Memorial Service #KZNbusinesssense #slg

The idea of revolutionising township and rural businesses, through the digitization of their products and services, was conceptualised by Jonathan Naidoo, CEO of SmartXchange. The call for a national lockdown forced businesses to halt trading, with a resultant loss of income, which impacted negatively on their sustainability. Township businesses specifically were unable to operate, while their counterparts in urban areas continued business with online sales supported by reliable internet connectivity. As the impact on township businesses became more obvious, it was clear that the lack of participation in a digital economy was the crippling factor which contributed to the inability to trade, deliver and market products and services. The SiYa DiGiTiza Project was thus conceptualised as an enabler that would boost township businesses and ensure their sustainability and growth. SmartXchange rallied a team of vibrant young innovators to co-create a solution that would lead to and enhance the visibility of small business on an online platform, allowing them to trade, grow and become financially stronger. The four-day Pilot Programme was rolled out by the team from SmartXchange in Phoenix, Inanda, Ntuzuma and KwaMashu (PINK) Precinct on 19 to 22 October 2020 and it was supported by the eThekwini Municipality and the Moses Kotane Institute. This Pilot Programme was hugely successful as SMMEs streamed in to register their companies on the online digital platforms. The innovators and participants on the SiYa DiGiTiza Project Team are all SMMEs who are incubates who are being funded and supported by SmartXchange to roll out this project that seeks to digitize 1000 companies in the first phase. The companies that are directly involved in the digitization are SMEPlus and Tag Your Delivery. The project is further supported by media companies Mzansi Smart Online TV, EITA Township Digital Radio Station, BlaqLife Radio and TV, Innovation DNA and Gabisa TV, who will provide online marketing exposure for the digitized businesses. The project is underpinned by an internet connectivity solution from AdNotes who will provide efficient, reliable and cheap internet connectivity to township and rural areas using TV White Spaces. SMEPlus has developed an exciting Digital Business Directory (DBD) built to help small businesses grow their customers on an online platform. Their mission is to make sure township businesses are digitized and listed on the DBD. This is achieved through consultation with SMMEs in terms of checking their compliance and assessing their business processes. Following on this consultation, they are then listed on the directory and offered a business management app to help them run their business smoothly. The directory maintains its effectiveness through delisting all non-compliant and inactive SMMEs, thus guaranteeing that all the buyers get to procure from credible businesses. Customers are also allowed to rate the quality of services/products which will serve as a good indicator to other potential customers. All the data is stored in a highly secure server supported by a backup server to make sure that everything works regardless of any unplanned challenges. Tag Your Delivery is an online goods and service delivery mobile and web based application system that makes it possible for people to order products of their choice online from several selections of products and professional services that are available on the business mobile app and website. Tag Your Delivery stands to serve township and rural businesses in a bid to enhance their online presence. Their aim is also to empower township and rural businesses, bridging the technological divide between them, their customers and large enterprises. AdNotes is a telecom company licensed by ICASA to operate and provide internet services using TV White Spaces (TVWS) where TVWS refers to the unused TV channels in any given area. With AdNotes TVWS deployment, these vacant channels can be converted into wireless broadband internet. This innovative technology can connect unconnected communities in the rural and township areas. The provision of this level of connectivity will enable township and rural economies to operate effectively on digital platforms. Mzansi Smart TV is an online TV channel that aims to expose local content to the world. With a current following of 3 000 viewers on their social media platforms they boast viewership of over 6000 on their TV channel. Their role in the SiYa DiGiTiza campaign is to expose local businesses to the broader market, by filming and marketing their businesses on their online television station and social media sites, guaranteeing them visibility and leveraging their marketability in the digital space. BLaqLife is a leading local broadcaster catering for music fans through music, TV, artist interviews, exclusive downloads and events coverage. It is a platform where creative inspiration meets technological innovation, whilst strengthening the civic and cultural life of the communities they serve. BlaqLife will support the SiYa DiGiTiza campaign through the marketing exposure it will provide to the participating small businesses. Innovation DNA specialises in visual content creation and distribution. The company is supporting the SiYa DiGiTiza campaign through their Innovation DNA capability which will focus on documenting innovative businesses in rural and township economies through in-depth interviews. The aim of Innovation DNA is to capture the journey of SMMEs, profiling their successes stories and providing insight on challenges and how to overcome them as they traverse this challenging landscape. Eita Township Digital Radio is an online based township radio, currently situated in Durban Central focusing on township life. Eita Radio is the Townships’ First Voice and it will support the SiYa DiGiTiZa Project by providing coverage on township SMMEs, business events and related activities. Gabisa TV is a multimedia communications services company that specialises in television & video production. The television channel will cover the SiYa DiGiTiZa Project and profile SMMEs. The project is well placed to bridge the gap between the township/rural and urban divide and will play a pivotal role in sustaining the historically marginalised township and rural economies. There is a need to reach out to more townships and rural enterprises as there is a clear demand for the technological offerings of the project. This uniquely orchestrated game changer offers township and rural SMMEs a better prospect for economic growth and job creation by using a bottom up approach to bring historically neglected areas into the main -stream economy. Project SiYa DiGiTiZa will allow millions of township and rural based SMMEs to use technology to grow their businesses and transform them by giving them access to greater economic opportunities, learning, information and services. T: +27 31 307 1988 E: abegail@smartxchange.co.za W: www.smartxchange.co.za

In order to bring change into business, capital investment projects are continuously being sort. This allows for the expansion of business, either to develop a new product that may be sold; or in fact improve manufacturing processes to reduce operational expenditure. Mankind has been involved in projects since the construction of the great pyramids. These complex projects were managed without any of the sophisticated technology available today. However, in modern society, the nature of projects and the environments in which they exist have changed significantly. Many modern projects involve challenges in terms of technical complexity, cost constraints, resource constraints, environmental uncertainty, and demanding time schedules in order to ensure maximised production. Currently, organisations around the world face high project implementation failure rates, resulting in millions being wasted. Despite the availability of project management tools, techniques and technology, mega-projects are still running overdue and over budget. Projects in the oil and gas industry are at the forefront to building economies and hence organisations need to ensure due diligence in all aspects. It is a common misconception in the gas industry that imported gas equipment will automatically be suitable for use in the South African gas market. This is especially true when the importer foresees ‘potential savings’. Currently there is a gap that needs to be addressed by the local gas association which will ensure that international companies understand minimum South African compliance requirements. The user and importer of gas equipment should equip themselves with the relevant standards, regulations and regulatory body requirements before import considerations. These include: · South African National Standards (SANS) 329 which addresses the requirements for industrial thermoprocessing equipment. · Pressure Equipment Regulations (PER) which is part of the Occupational Health and Safety Act. · The Safe Gas Equipment Scheme (SGES) which governs all imported natural gas equipment. This scheme was established by the South African Gas Association (SAGA) to ensure that all equipment meets acceptable standards. As recently as 2019, there have been various cases of customers who have had to incur additional costs in excess of 12% of their total procurement costs due to rework of the imported gas systems that did not comply with local requirements. The project delays due to rework also contribute to the missed opportunity of not commissioning the plant timeously. In a recent case study, the following was discovered: · Customer imported equipment from China · Gas trains and pipeline were designed according to Chinese standards · Burners did not have name plates nor technical data · No mechanical flow diagrams · No data packs available · This resulted in: · Failure of the Authorised Gas Practitioner to issue a Certificate of Conformity (CoC) · Discarding of 70% of the procured equipment · Over expenditure of approximately half a million rand as a result of rework The consequences of noncompliance, apart from criminal charges for not adhering to the law, often include delays in commissioning, negative reputational impact, loss of potential opportunities and increased expenditure emanating from rework. This costly exercise could have been prevented had the respective advisors been consulted prior to embarking on such a significant project investment. SLG’s customer value proposition goes beyond gas supply: technical feasibility studies, regulatory licenses, installations, commissioning and postinstallation technical and safety training are facilitated by SLG as value added services. Website: www.slgas.co.za

Four years since announcing the revolutionary concept of Umhlanga Arch, this development has redefined city living, introduced a dynamic lifestyle to South Africa and transformed KZN’s landscape. Since the breaking of ground in October 2017, locals and visitors alike have watched this catalytic development rise from the ground up with much-anticipation. The joint venture between The Multiply Group and Devmco Group recently marked the official opening of the first phase of Umhlanga Arch. This opening will welcome residents and visitors into the smart-ready apartments. The Legacy Yard and Backyard will also be a hive of activity as the food hall serves up exquisite cuisines and flavours from around the world. The European-inspired high street will have a number of bespoke, local retailers open shop, namely proudly South African fashion and jewellery stores Amanda Ferri, Mark Gold, Holiday Harbour, Breazies and The Gentry; as well as beauty and wellness specialists Hello Hunny, Skin Renewal and the Moustache Barbershop. “This is the moment we have all been waiting for and we can’t wait to welcome homeowners and the public to what has become one of South Africa’s most iconic developments to enter the property market. Umhlanga Arch was initially an idea roughly drawn on a napkin, to think that this idea inspired the development of a world-standing and game-changing property that has challenged conventional architectural trends and ultimately raised the benchmark,” shares Mark Rosenberg, Umhlanga Arch visionary and executive partner of Multiply Group. “Umhlanga Arch has been a success right from the very start, claiming AAA-grade status, introducing South Africa’s first flagship Hilton Garden Inn, pioneering smart technology, introducing an awe-inspiring European-inspired high street, and was even named the best marketed development in Africa in 2017. We know that this trend of success will progress into the operation of this definitive development,” shares Rosenberg. Within the first two months of development, Umhlanga Arch had curated 400 permanent jobs, thereafter the numbers peaked at 1300 individuals working on the site everyday throughout most of 2018, 2019 and into 2020 up until COVID-19 lockdown in March 2020. Work resumed in June 2020 with 1100 workers onsite daily. “Our goal was not only to introduce a revolutionary development but to change the lives of the community. Throughout the project development The Multiply Group and Devmco Group have actively engaged with city leaders, businesses, and communities, to ensure that local and foreign investors realise the vast potential that KwaZulu-Natal has to offer. This R1,3 billion development has far-reaching effects in bolstering tourism, stimulating investment into the region, further elevating Umhlanga and greater Durban to a world-class standing, and has already facilitated significant job creation to date,” says Rosenberg. The structure of Umhlanga Arch has been curated and carefully considered, now it’s time to bring this development to life as Umhlanga Arch welcomes homeowners, visitors and locals, bespoke and proudly South African retail tenants and restaurants. Furthermore, MEC of Economic Development, Tourism and Environmental Affairs, Nomusa Dube-Ncube shares, “I congratulate the developers of Umhlanga Arch for showing a vote of confidence in KZN. This is a new trendy R1.3 billion development near the Gateway super-regional mall in KwaZulu-Natal." "It is very exciting that today, 06 October 2020 is the official opening of restaurants in the food court. Our entities, KZN Tourism Authority and Trade Investment KZN have ensured that we collaborate with investors, key stakeholders such as the trade, major tour operators, airlines and hotels to promote packaged deals to encourage travel into the province.”

Enterprise iLembe has launched a wine cellar at Ballito on the KwaZulu-Natal North Coast to celebrate historical legacy whilst drawing tourists to the region. Warm beaches along KZN North Coast; scenery resembling God’s own canvas; game parks and nature reserves; historical sites that shaped the nation; rustic and five-star accommodation facilities, traditional and fine dining venues will be joined by the latest attraction – the Seventeen87 Wine Cellar. The Seventeen87 wine cellar at the Sugar Rush Park in Ballito was established to offer locals and visitors an experiential tourism offering: a combination of ‘history and wine’. The brand Seventeen87 pays homage to the King of the Zulu Nation, King Shaka who was born in 1787. Enterprise iLembe CEO Nathi Nkomzwayo told guests at a ribbon-cutting ceremony that tourism along iLembe North Coast has sprung back to life with great gusto following the lull caused by the coronavirus pandemic. The event was also attended by the Mayor of KwaDukuza Local Municipality, Cllr Dolly Govender, and Deputy Mayor of iLembe District Municipality, Cllr Dolly Shandu. “Potential travellers are urged to get a better understanding of the fun, affordable and exciting attractions on their own doorstep - take a sho’t left down the coast to the North Coast, which extends from Zimbali in the south to Amatikulu in the north, extending inland to Maphumulo and Ndwedwe. With strict hygiene protocols in place, the KZN North Coast anticipates a bumper summer holiday season with a fun-filled programme of activities that will entice holidaymakers to descend in numbers to their favourite destinations, many of which have discounted deals on accommodation packages.” Enterprise iLembe is the Economic Development Agency of the iLembe District Municipality. It is responsible for promoting trade and investment and driving economic development in the region. The idea of the iLembe Vineyards & Winery Project was conceptualised by Enterprise iLembe with funding assistance from the Department of Cooperative Governance and Traditional Affairs. Nevin Davidson from Sugar Rush Park said that they were excited about the partnership with Enterprise iLembe on the launch of the Seventeen87 Wine Cellar. “The wine cellar adds another unique tourism experience to the many product offerings already on offer at the Park” said Davidson. The wine cellar is a small and intimate setting, where one can sample and purchase local wines from the Seventeen87 brand as well as other partner brands such as Cathedral Peak. The Cellar can also be hired for private functions. Chairperson of the Board Khanyisani Shandu said, “Enterprise iLembe was established as a special purpose vehicle, with the aim of playing a vital and catalytic role in driving local economic development and growth in the iLembe District. “The Seventeen87 wine cellar is a new addition to the many tourism offerings on the North Coast set in the beautiful location of Sugar Rush Park. “We look forward to the continued support of all our partners and stakeholders in making this project a success”. The iLembe North Coast is extremely blessed as a tourist destination, with a glorious coastline fringed by golden beaches, a green amazing hinterland that is steeped in tradition coupled with the unique cultural mix that provides fascinating insights into the history of this part of the country and province. Renowned golf courses, adventure activities, food and cuisine and world class accommodation are synonymous with this destination. W: www.sugarrush.co.za

In pursuit of the goal of becoming a smarter city, the eThekwini Municipality is partnering with SmartXchange in a ground-breaking move to get local businesses ready to utilise new, technological ways of doing business, by registering in a Ward Based Township Digital Business Directory called SiyaDigiTiZa. This pilot technological advancement will profile the products and services that businesses offer and allow customers to purchase products online and have them delivered using an App. The first targeted pilot areas are within the PINK area of Durban which is Phoenix, Inanda, Ntuzuma and KwaMashu. The SiyaDigiTiZa roadshows will be held in these areas from 26 to 29 October. Mayor of eThekwini, Councillor Mxolisi Kaunda said: “The SiyaDigiTiZa project talks to eThekwini’s economic recovery plan which one of its holistic objectives is to support enterprises. This township digital business directory registration roadshows aims to profile local business products and services. This project will also offer enterprises an exciting marketing opportunity to enable customers to purchase products online and have them delivered using an app.” Kaunda said everything is moving digitally hence this move to ensure township business are competitive and enhance their online presence, get discovered easily, improve local visibility as well as create brand awareness. The first roadshow will be held at the KwaMashu Community Hall in L Section on 26 October followed by the F Community Hall in Ntuzuma on 27 October and in Inanda at the Bester Community Hall on 28 October. The final event will be in Phoenix at the Redfern Community Hall on 29 October. The registration for all venues is from 9am to 4pm. For more details on the programme, contact Ayanda Ciliza on 031 322 1837 or email: ayanda.ciliza@durban.gov.za

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ENTRIES FOR SUNDAYS TINMAN EVENT CLOSE TONIGHT B-Active Events are super excited to stage the 1st Triathlon in SA post lockdown and things are hotting up for the weekend. The Weather looks perfect with 22deg temp, little wind and cloud cover. The sea is predicted to be flat and the racing HOT !  TEMP TSA Licences: Temporary TSA Day Licences for Triathlons are now allowed for Triathletes, so anyone can enter. You can purchase a Temp day licence when you enter. The Swimming section for the Triathlon events will take place at Battery Beach next door, as the bathing is not open at Suncoast Beach. So Athletes will swim at Battery Beach and run across the beach, 200m to the Transition area at the Sundeck. Athletes will register at the Suncoast Sundeck and once racked, walk along the beach to the start flags infront of Pirates SLC for their swim briefing. There will be norace briefing prior to this.  After a meeting with the Municipality, Metro Traffic Police and Construction contractors, the middle lane of the Cycle Circuit will be used for the entire cycle route. Access points will be made available for cyclists to get onto and off MY Ave as well as tarring on the corner into Battery Beach road. This will make the road and access suitable and useable for the event.  NEW TIMES: Registration & Bike Racking (Same time) @ Entrance to the transition area. (SUNDAY ONLY) 10km Run : 6am to 6:40am Mini: 6am to 6:40am  Sprint: 6:40am to 7:15am  Challenge: 7:15am to 7:50am  NEW Start times: 10km Run : 6:45 Start Mini: 6:55am (6:55am) - All Sprint: 7:30am (7:30am, 7:32am. 7:34am) – 2 min gaps Challenge: 7:54am (7:54am, 7:56am, 7:58am; 8am) – 2min gaps Start times and batches are due to Covid-19 regulations. It is VERY important to start in your allocated batch, as you risk being disqualified.  Get yourself entered, grab some mates and challenge each other to the fun, fast family orientated event. See you Sunday!   The B-Active Events Team.  Registration link ENTRIES CLOSE @ midnight today

The controversial Expropriation Bill has been extensively opposed since its introduction in 2015. In consequence, it has been subject to various amendments culminating in the Expropriation Bill, 2020 (the Bill ). The Bill has received the Chief Legal Advisor’s stamp of approval from a Constitutional perspective and was published in the Government Gazette on 9 October 2020. It will now be subject to Parliament’s process of consideration, debate and public consultation before it may be enacted into law by the President. ‘Nil’ compensation for expropriation The most controversial feature in the Bill is that it entitles the State to expropriate property without compensating the owner. Initially, Parliament reasoned that in order to allow for expropriation without compensation, section 25 of the Constitution should be amended to explicitly allow for this. However, as this proposed amendment is yet to be finalised, the Bill is drafted in accordance with the section as it currently stands. Section 25 stipulates that compensation for expropriation must be just and equitable having regard to all relevant circumstances. Accordingly, if property is expropriated by the State for ‘nil’ compensation it must be just and equitable to do so in the circumstances. The circumstances are dealt with in clause 12(3) of the Bill: · Where private land is abandoned or used merely as a market investment, and not for development and income generation; · If it is state land and not being used by a state entity in line with its core mandate; · Where the market value of the land is equal to or less than the present value of direct state investment or subsidy in the acquisition and improvement of the land; and · When the nature or condition of the property poses a health, safety or physical risk to persons or other property. The introduction of clause 12(3) in the Bill is in line with Parliament’s objective to provide clarity and certainty on the land rights of South African citizens. However, the listed circumstances, and the fact that the list is infinite, does little to quell the anxieties of investors and property owners in South Africa. Some relief can be found in the fact that our Courts can be called upon to determine whether the price of the compensation for the expropriation is just and equitable if the expropriating authority and expropriated owner cannot agree upon the price for compensation. Definition of property A further red flag is in the Bill’s failure to provide a comprehensive definition of what property may be expropriated. As it stands, the definition expressly states that it is not only limited to land. Precisely what property may be expropriated is left to a wide interpretation and may include intellectual property and movable property. To contextualise this, on the face of it the State would be entitled to expropriate farm land, along with all the livestock, equipment, vehicles and intellectual property required for its operations. In light of the rising tensions with respect to land restitution in South Africa, the need for coherent expropriation legislation is becoming increasingly more vital. However, the far-reaching implications of the Bill dictate that it must be carefully scrutinised before being enacted into law. Whether the Bill will withstand this scrutiny, by both Parliament and the public, is still to be seen. MARIKAH CALO is an Associate at Cox Yeats, specialising in Corporate and Construction Law. She can be contacted on : Tel: 031 – 536 8500 or Email: mcalo@coxyeats.co.za . Cox Yeats is a specialist boutique law firm with a wealth of experience and expertise balanced with dynamic and innovative solution. Specialists in: Commercial, Natural Resources, Construction, Property, Information & Communication Technology, Maritime, Insurance, Labour, Business Restructuring, Business Rescue and Insolvency Law. www.coxyeats.co.za ISSUED BY: Cheryl Kirsten on behalf of Cox Yeats Attorneys CK Dynamics Marketing & Media Communications #coxyeats #KZNbusinesssense