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As power disruptions continue to impact businesses across South Africa, WhichVoIP.co.za, a leading telecommunications service provider, announces its new initiative to assist businesses in gaining access to reliable and qualified solar power providers. Leveraging its extensive network of providers, WhichVoIP.co.za aims to connect businesses with top-rated solar power solutions, offering a sustainable alternative to Eskom’s inconsistent power supply. Through their website, businesses can now request free solar quotes from trusted providers in their area, ensuring a seamless transition to renewable energy.

Addressing the Power Supply Challenge
South African businesses have been grappling with the challenges of Eskom’s inconsistent power supply, leading to operational disruptions, financial losses, and environmental concerns. Recognising the need for a reliable and sustainable solution, WhichVoIP.co.za has taken a proactive approach to assist businesses in accessing dependable solar power providers.

The Benefits of Solar Power for Businesses
Solar power offers numerous advantages for businesses, making it an attractive alternative to Eskom. By embracing solar energy, companies can enjoy:

Consistent and Reliable Power: Solar power systems provide a stable and uninterrupted energy supply, reducing businesses’ reliance on Eskom’s grid and minimizing the impact of power outages and load shedding.

Cost Savings: Solar power enables businesses to significantly reduce their electricity expenses in the long term. By generating their own energy, companies can decrease their reliance on Eskom and protect themselves from rising electricity costs.

Environmental Sustainability: Adopting solar power aligns with businesses’ commitment to environmental preservation and sustainability. Solar energy is clean and renewable, helping companies reduce their carbon footprint and contribute to a greener future.

Energy Independence: With solar power, businesses gain energy independence. They are no longer solely dependent on Eskom’s grid, safeguarding their operations during power disruptions and ensuring uninterrupted productivity.

WhichVoIP.co.za’s Solution: Connecting Businesses with Top-rated Solar Providers
WhichVoIP.co.za, known for its extensive network of telecommunications providers, is now leveraging its relationships to connect businesses with top-rated solar power providers. By accessing WhichVoIP.co.za’s platform, businesses can request free solar quotes from trusted providers in their area. This streamlined process eliminates the hassle of searching for reliable solar power solutions, saving businesses time and effort.

Getting a Free Solar Quote
To request a free solar quote and solutions tailored to their unique needs, businesses can visit https://whichvoip.co.za/get-quotes. Simply input your requirements and preferences to get accurate quotes from qualified solar providers.

Published in Energy and Environment

In the pursuit of a greener and more sustainable future, renewable energy sources are gaining momentum. EcoFlow Power Stations, coupled with solar panels, offer an innovative solution for portable and eco-friendly power generation. In this blog post, we will delve into the benefits of EcoFlow Power Stations, the advantages of solar panels, and highlight the exceptional features of the EcoFlow River Pro, a portable power station designed for outdoor enthusiasts and emergency power needs.

EcoFlow Power Stations: Empowering Energy Independence:

EcoFlow Power Stations are portable, all-in-one energy storage solutions that provide clean and reliable power. Key features and benefits include: a. Portable and Versatile: EcoFlow Power Stations are compact and lightweight, making them easily transportable for various applications such as camping, outdoor activities, emergencies, and remote work setups. b. Renewable Power: These stations integrate seamlessly with renewable energy sources, including solar panels, allowing for sustainable and eco-friendly power generation. c. High Capacity and Output: EcoFlow Power Stations offer high-capacity batteries and multiple power outputs, allowing you to charge and power multiple devices simultaneously, from smartphones and laptops to electric appliances and tools. d. Rechargeable and Fast Charging: With the ability to recharge from various sources like AC outlets, car chargers, or solar panels, EcoFlow Power Stations provide flexibility and rapid charging capabilities, ensuring you have power when you need it most.

Solar Panels: Tapping into the Sun’s Energy:

EcoFlow Solar Panels are a sustainable and reliable solution for clean energy generation. By harnessing the power of the sun, these panels provide a renewable source of electricity while minimising environmental impact. With their high efficiency, portability, and durability, EcoFlow Solar Panels offer a versatile solution for homeowners, outdoor enthusiasts, and businesses looking to reduce their carbon footprint and save on energy costs. Embrace the power of solar energy and contribute to a greener future with EcoFlow Solar Panels.

With EcoFlow Solar Panels, you can enjoy the benefits of renewable energy while reducing your reliance on fossil fuels. These panels offer a cost-effective and environmentally friendly solution for generating clean electricity. By installing EcoFlow Solar Panels, you not only lower your carbon footprint but also save on electricity bills in the long run. Whether you’re powering your home, charging your EcoFlow Power Station, or exploring the great outdoors, EcoFlow Solar Panels provide a sustainable and efficient source of power that aligns with your green energy goals.

EcoFlow River Pro: Power on the Move:

The EcoFlow River Pro is a portable power station designed for adventurers, outdoor enthusiasts, and emergency power needs. Key features and benefits include: a. High Capacity and Output: With a massive 720Wh capacity, the River Pro can power various devices simultaneously, from smartphones and laptops to mini-fridges and power tools. b. Fast Charging: The River Pro supports multiple charging options, including AC outlets, car chargers, and solar panels, providing quick and reliable power replenishment. c. Rugged and Durable: Built to withstand outdoor conditions, the River Pro is water-resistant and shockproof, making it ideal for camping, RV trips, and off-grid adventures. d. Intelligent and User-Friendly Design: Equipped with an intuitive LCD screen and a companion mobile app, the River Pro allows for easy monitoring, control, and optimisation of power usage.

EcoFlow Power Stations, solar panels, and the EcoFlow River Pro offer a sustainable and reliable solution for portable power generation. By harnessing renewable energy sources, we can reduce our carbon footprint, achieve energy independence, and enjoy the convenience of clean power wherever we go.

Load shedding is a major issue in South Africa, with power outages occurring frequently due to an insufficient supply of electricity. This has led many homeowners and businesses to explore alternative solutions, such as solar panels and lithium-ion batteries. In this article, we’ll explore the benefits of using solar panels and lithium-ion batteries as load shedding solutions in South Africa.

Solar Panels

Solar panels are a renewable energy source that convert sunlight into electricity. They work by capturing the energy from the sun and converting it into direct current (DC) electricity. This electricity is then sent to an inverter, which converts it into alternating current (AC) electricity that can be used to power your home or business.

One of the main benefits of using solar panels is that they are a renewable energy source, which means that they are sustainable and environmentally friendly. They also help to reduce your reliance on the national grid, which can be especially beneficial during times of load shedding.

Another benefit of using solar panels is that they can save you money on your electricity bills. By generating your own electricity, you can reduce your reliance on the national grid, which means that you will be using less electricity from the grid and paying less for it.

Lithium-Ion Batteries

Lithium-ion batteries are a type of rechargeable battery that are commonly used in load shedding solutions. They work by storing electricity during times of low demand and releasing it during times of high demand, such as during load shedding.

One of the main benefits of using lithium-ion batteries is that they are rechargeable, which means that they can be used multiple times. They are also lightweight and have a high energy density, which means that they can store a large amount of energy in a small space.

Another benefit of using lithium-ion batteries is that they are safe and reliable. They are designed to be durable and long-lasting, which means that they can provide a reliable source of electricity during times of load shedding.

Solar panels and lithium-ion batteries are a great solution for load shedding in South Africa. By generating your own electricity and storing it in a battery, you can reduce your reliance on the national grid and ensure that you have a reliable source of electricity during times of load shedding. If you’re interested in exploring this option, it’s important to do your research and find a reputable supplier who can provide you with high-quality solar panels and lithium-ion batteries that are specifically designed for load shedding solutions.

Published in Energy and Environment

By Astrino Nicoloudakis, Chief Investment Officer of Acsion Limited at Acsiopolis Mixed Used Precinct

According to AI author, Mo Gawdat (former Chief Business Officer of Google), “We know that with enough computer power and intelligence, the most complex of all encryptions can be decoded.” In today’s rapidly evolving world, the integration of artificial intelligence (AI) in various industries has become essential for businesses to stay ahead of the curve. The hospitality industry, in particular, stands to benefit greatly from embracing AI technology. At Acsiopolis, our multi-use lifestyle development, we recognise the transformative potential of AI and are proud to be at the forefront of this revolution.

As part of our early adoption to AI, a key advancement is the creation of position within our organisation for prompt engineers. This role requires an individual with a strong background in mathematics and analytics, as well as proficiency in language. Our prompt engineers will compile prompts that enable AI algorithms to provide reports with accurate and tailored information based on specific instructions. The data gathered from these reports will be used to improve on our offering and service delivery resulting in a better experience for all our guests. Building upon our existing expertise in finance and IT, which includes an actuary in our finance department and a dedicated in-house IT team, this new position will further enhance our ability to leverage AI technology effectively.

The impact of AI on sales and marketing within the hospitality industry cannot be understated. With AI’s analytic capabilities, we can monitor website traffic and leads with precision, aligning our strategies with specific brand objectives. Marketing departments will increasingly rely on big data trends and analysis, superseding the traditional reliance on emotional quotient. As a result, online algorithms will play a crucial role in driving traffic, leads, and ultimately sales conversions. However, it is important to note that face-to-face relationships remain paramount in certain customer segments and cannot be replaced, human interaction remains core to the hospitality sector. Our sales teams will be responsible for nurturing these relationships, ensuring a personalised experience that caters to their unique needs.

Likewise, website design is set to undergo a transformation, as AI enables us to craft cost-effective, direct channels for bookings. The dominance of online travel agents (OTA’s) will be challenged as direct bookings through AI-driven websites become the preferred method. The excessive commissions charged by OTA’s will face scrutiny, prompting them to reinvent their business models as comparative aggregators rather than booking channels. This shift empowers customers with more choices and competitive prices while reducing dependency on intermediary platforms.

When it comes to the finance department, organisations that integrate their property management systems (PMS) with accounting software will reap significant benefits from AI adoption. Basic accounting tasks can be performed by AI algorithms, reducing human error in data capturing. This allows finance departments to become experts in big data analytics, providing decision-makers with vital information that drives AI algorithms. By embracing this integration, businesses can avoid the need for additional physical resources dedicated to data capturing. At Acsiopolis, we have already streamlined our finance function through integrated systems, enabling us to focus on data accuracy and importance, while leveraging AI tools to enhance efficiency.

Ultimately, the success of AI in the hospitality industry hinges on the ability to overlay existing generative artificial intelligence models with unique data and insights. Prompt engineers play a critical role in directing learning algorithms, ensuring more accurate decisions to cater to the ever-evolving customer and guest base. Today’s customers are more astute than ever, demanding unique value products and services from hospitality brands. AI enables us to meet these demands by delivering personalised experiences and anticipating their needs which ultimately will result in exceeding expectations and entrenching brand loyalty. By harnessing the power of AI, hospitality establishments can unlock new levels of efficiency, innovation, and customer-centricity, ultimately redefining the industry standards.

As Acsiopolis continues to lead the way in embracing AI within the hospitality industry, we recognise the immense opportunities it presents. By leveraging AI’s capabilities, we can enhance our sales and marketing strategies, redesign websites for direct bookings, streamline our finance function, and most importantly, deliver consistently elevated customer experiences. Our commitment to innovation, coupled with the expertise of our prompt engineers, positions us at the forefront of this transformative journey. Acsiopolis is poised to set new standards in the hospitality industry, proving that AI and human ingenuity can work hand in hand to create a future of unrivalled excellence.

AUTHOR BIO:

Astrino Nicoloudakis is an experienced shareholder and corporate executive with a history of working in the property and retail industries. His skillset encompasses business process optimisation, negotiation, corporate finance, property development, renewable energy systems, and real estate investments. With experience in new developments Nicoloudakis is an innovation executive with a CA (SA) and Property Development Programme (PDP) focused on Real Estate Development from Graduate School of Business - University of Cape Town.

Past positions include tenures at:

  • Deloitte – Management Consultant
  • Investec - Business Developer for Listed Property Investments

-- ENDS --

For more information go to Acsiopolis, home to @Sandton-Hotel and @Sandton-Apartments, go to our website, visit us at 5 Benmore Road, Benmore Gardens, Sandton, Johannesburg, or call +27 11 440 1444 (Apartments) and +27 11 395 4777 (Hotel).

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ABOUT ACSIOPOLIS
Encompassing @Sandton-Apartments and @Sandton-Hotel, the Acsiopolis Building is the first multi-use lifestyle precinct in South Africa which includes a 561-room luxury hotel, 480 upmarket leased apartments, conferencing and event facilities (including an 80-seater auditorium), co-working space called Co Worx, an NCF curriculum nursery school @Sandton-Kids, doctors’ rooms, physiotherapist, plastic surgeon, orthodontist, gym, clubhouse, deli, restaurant and spa.

Live, Work and Play… Acsiopolis has been constructed with the guests’ and residents’ lifestyle top of mind, catering to people at all stages of life from Millennials to Gen-X empty nesters. Making the move to at @Sandton comes with a myriad of on-site services from a weekday working space to weekend leisure activities.

ABOUT ACSION
Acsion Limited is a highly experienced, specialist property development and property holding company with in-house property and asset management functions. We are the only JSE-listed company dedicated to property development while reaping the rewards of our own developments as a landlord.

The name Acsion is a combination of the Greek word “Axion” – loosely translated as “worth it” and “action” – to act quickly and make things happen. This set of results demonstrates that the Company delivers on main strategy of continued NAV growth – hence the slogan “Acsion in action”.

Our Company
Acsion was founded by Mr Kiriakos Anastasiadis approximately 25 years ago. Through ingenuity, vision, value engineering and effective management, the Group expanded into the successful property development and property holdings company it is today.

Our Properties
Acsion's current portfolio of assets is independently valued at R9.8-billion with a GLA of 257 000sqm and comprises ten well-established, strategically located properties across South Africa.

Our Developments
Acsion continuously evaluates approximately 20 to 30 new development opportunities at any one time and is in various stages of discussions on certain projects to further enhance the capital growth of its business.

Our Investors
Through its development activities, Acsion is able to unlock development profits and thereafter generate annuity income and further capital growth for its shareholders.

Gerhard Coetzer, Managing Director of Bontera South Africa, comments.

"In a world grappling with the urgent need for sustainable and environmentally friendly farming practices, several pressing concerns and issues need to be addressed.

Soil degradation poses a significant risk to farmers and affects the quality and quantity of food produced. Degraded soils lack essential nutrients and water retention capacity, making crops more susceptible to droughts and other stresses. This leads to increased expenses for farmers who must invest more in external nutrient sources and pesticides to combat pests and diseases.

"Furthermore, degraded soils yield lower-quality produce, which drives up prices for end consumers. Another concern is the strain on natural habitats caused by the increasing demand for food production. The reliance on chemical fertilisers in traditional farming methods has led to significant environmental consequences, including high carbon emissions and water pollution.

Addressing the issues

" The pioneering group of scientists from Bontera recognised these concerns and is actively addressing them. At the heart of our approach is the development of products based on naturally occurring soil microbes. Unlike other microorganism based products that focus on single microorganisms performing specific functions, our products harness the power of diverse microbial communities. These high-performance products, enriched with organic acids and micronutrients, work in harmony with plants, helping them obtain essential nutrients and promoting biodiversity in both the soil and the plant.

"Bontera goes beyond simply solving problems related to pests, diseases and nutrient deficiencies. We aim to optimise plant growth and prevent these issues from arising in the first place. Using our microbial products, we empower plants to resist diseases and ensure they receive the necessary nutrition, resulting in healthier and more resilient crops.

Making the change

"Recognising the need for change, we aim to be at the forefront of the transition toward environmentally friendly alternatives to chemical products, believing that providing tangible, effective solutions will motivate farmers to adopt more sustainable practices for the environment's sake and their long-term benefit.

"Our objectives align with the United Nations' Sustainable Development Goals, particularly goal number two: achieving sustainable food production systems. By implementing resilient agricultural practices and maintaining ecosystems, we aim to contribute to the target of ensuring sustainable food production systems by 2030. We are actively working towards this goal in sub-Saharan Africa - where the focus on immediate productivity often overshadows long-term sustainability.

"By addressing concerns such as soil degradation, environmental strain, and the reliance on chemicals, we - and our farmers - are making significant strides towards a more sustainable and environmentally friendly future for agriculture.

“Innovation and commitment are much needed to provide effective alternatives to traditional farming methods, and are essential in ensuring the production of high-quality, abundant crops and foodstuffs - for a long-term food security in our region.

Published in Energy and Environment

Why profitability is important in business

The basis of establishing a successful business is ensuring a positive bank balance, with a healthy amount of cash available for running expenses. There are, however, a number of factors that can impact the amount of cash on hand, and entrepreneurs would be well advised to have a few tricks up their sleeve when it comes to maximising profits.

Cash flow represents the cash coming and flowing out of your business. When cash going out is subtracted from cash going in, you are left with net cash flow. Profitability represents the income minus the expenses, fixed and otherwise, of your business. When expenses are subtracted from income the resulting number shows your profit. Cash inflows and outflows show liquidity while income and expenses show profitability. Liquidity is a short-term phenomenon: Can I pay my bills? Profitability is a medium-term phenomenon: Am I making money? Needless to say, profitability in the long term is where it’s at. 

Profitability allows you to invest in growth, expand your operations, and generate more revenue in the long run. Profitability also makes your business attractive to investors and lenders, as they want to see a solid return on their investment. Without profitability, you won't keep the doors open for long,  and you may have to resort to cutting corners or taking on debt to keep everything going. By focusing on profitability, you can ensure the sustainability and longevity of your business venture, while also creating value for your stakeholders.

How can profit be calculated

The profitability of a business can be calculated using various financial ratios, each with its own formula. Here are some of the most commonly used profitability ratios:

  1. Gross Profit Margin = (Gross Profit / Revenue) x 100 This measures the percentage of revenue that is left over after deducting the cost of goods sold.
  2. Net Profit Margin = (Net Profit / Revenue) x 100 This measures the percentage of revenue that is left over after deducting all expenses, including taxes and interest.
  3. Return on Assets (ROA) = (Net Profit / Total Assets) x 100 This measures how efficiently a company is using its assets to generate profit.
  4. Return on Equity (ROE) = (Net Profit / Shareholders' Equity) x 100 This measures how much profit a company is generating in relation to the amount of equity invested by shareholders.

These formulas provide different perspectives on a company's profitability and can be used to evaluate its financial health and performance. If all these calculations are outside your level of expertise, call in the accounting experts to advise on which area of your finances to concentrate on.

5 Strategies to Help Your Business Maximise Profits

In general, there are four areas of operations that can be used in order to turn the tide on profits.

  1. Increase price
  2. Increase volume sold
  3. Decrease direct costs

A more detailed breakdown of these gives you five concrete strategies to help your business maximise profits.

  1. Increase sales volume: One way to maximise profits is to increase the number of sales your business makes. This could involve increasing marketing efforts to reach a larger audience, offering discounts or promotions to encourage purchases, or expanding your product line to appeal to more customers. 
  2. Cutting costs: This could mean negotiating better deals with suppliers, reducing unnecessary overheads, or outsourcing certain tasks to more cost-effective and specialised providers.
  3. Increase prices: If your business has a unique or high-quality product, you may be able to increase prices without sacrificing sales volume. However, it's important to be careful when raising prices to ensure that your customers are still willing to pay the higher amount.
  4. Focus on customer retention: Acquiring new customers can be expensive, so it's important to focus on keeping existing customers happy and coming back for more. This could involve offering loyalty rewards programs, providing exceptional customer service, or regularly engaging with customers through social media or email marketing.
  5. Diversify revenue streams: Maximising profits by diversifying your revenue streams to reduce reliance on a single product or service. This could involve offering complementary products or services, expanding into new markets, or developing new revenue streams entirely.

Outsourcing

Outsourcing has become a popular strategy for many businesses to maximise profit. Outsourcing allows access to expertise that may not be available in-house, as and when needed. By outsourcing to experts in specific fields, businesses can improve the quality of their products or services and gain a competitive advantage in the market, without having the monthly expense of a fixed salary to contend with. Outsourcing can also maximise profit by increasing productivity. By outsourcing non-core and repetitive tasks, businesses can free up their time and resources, allowing them to focus on their core competencies and strategic goals. For example, outsourcing administrative or back-office tasks can help reduce administrative workload, allowing key personnel and management to work on growing the business and generating more revenue.

Outsourcing can help your business increase profits and gain a competitive advantage. However, it is important to carefully evaluate your outsourcing partner to ensure that the quality of the outsourced work meets the standards of the business. 

Outsourced CFO

Running your own business can be complex and challenging, especially juggling the stresses of your day-to-day operations with long-term financial planning and goals. However, profitability and optimisation are key to longevity, but these need careful planning and strategic implementation, using a skillset that you might not have in-house. An outsourced CFO can be your best option here, assisting with  business analysis as well as financial management.

Talk to the team at Outsourced CFO and learn how we can help you maximise profits for your business in the long term. For more information or to contact the team, visit www.ocfo.com

Fiela Janse van Rensburg | SchoemanLaw Inc  

Category:  Civil Litigation | Litigation 

Introduction 

Litigation plays a vital role in the legal system of South Africa, providing a means for individuals and organizations to resolve disputes through the courts. However, it is crucial to understand the limitations and challenges associated with litigation in South African courts. This article aims to provide a comprehensive overview of the limitations to litigation in South African courts, shedding light on the various factors that impact access to justice and efficient dispute resolution. 

Cost Constraints 

The cost of litigation is a significant barrier to access to justice in South Africa. Legal services alone can be costly, making it difficult for many litigants to obtain quality legal representation. In addition to legal fees, other expenses such as court filing fees, expert witness fees, and other disbursements can quickly add up, making litigation an unaffordable option for some people. 

As a result, litigants who cannot afford to pay for legal representation often represent themselves, known as "litigants in person." However, self-representation is not always an effective means of resolving disputes, particularly in complex legal matters. 

To address this issue, South Africa has introduced several mechanisms to assist litigants with limited financial means. Legal aid, for instance, is available to individuals who cannot afford legal representation. Legal aid organizations provide free or subsidized legal services to those who meet certain eligibility criteria. Similarly, contingency fee agreements, also known as "no win, no fee" arrangements, allow a litigant to pay legal fees only if they win their case. 

While these mechanisms exist, they are subject to certain limitations, and not all litigants may be eligible for them. Furthermore, the availability of legal aid is limited, and demand often exceeds supply, resulting in delays in accessing legal services. 

Lengthy Proceedings 

Delays in the South African court system are well-documented, with cases often taking several years to conclude. Lengthy proceedings can be detrimental to the administration of justice, with delayed justice often equating to denied justice. Overburdened court dockets, insufficient resources, and procedural complexities contribute to the protracted nature of litigation in South African courts. 

To address this issue, the South African government has introduced several initiatives to reduce delays in the court system. These include case management and alternative dispute resolution mechanisms such as mediation and arbitration. Case management involves proactive management of cases by the judiciary to identify issues early and resolve them as quickly as possible. 

Similarly, alternative dispute resolution mechanisms allow parties to resolve disputes outside of court, thereby avoiding the delays associated with court proceedings. While alternative dispute resolution mechanisms can be effective, they are not always appropriate for all disputes, particularly in cases involving complex legal issues. 

Complexity and Technicality 

Litigation in South African courts can be complex and technical, requiring a thorough understanding of procedural rules, evidentiary requirements, and legal principles. Navigating these complexities without proper legal representation can be challenging for litigants in person, who may not have the necessary legal knowledge or skills to advocate for themselves effectively. 

To address this issue, the South African legal system has introduced several measures to improve access to legal representation. Legal aid organizations provide individuals free or subsidized legal services as stated above. Similarly, the Law Society of South Africa, a professional organization representing legal practitioners, has established guidelines to ensure that litigants are not disadvantaged by their lack of legal representation. These guidelines include the duty of the court to assist litigants in person, ensuring that they understand the court process and their rights. 

However, there is still a need for greater access to legal representation in South Africa, particularly for marginalized communities who may face additional barriers to accessing legal services. 

Backlog and Case Management 

The South African court system faces a significant backlog of cases, which further contributes to delays in litigation. The backlog results from the limited number of judges and magistrates available to handle the increasing caseload. Additionally, inadequate case management practices and limited resources hinder the efficient resolution of disputes. 

To address the issue of backlog and improve case management, the South African government has implemented several initiatives. Firstly, there have been efforts to increase the number of judges and magistrates in order to alleviate the burden on the courts. This includes appointing additional judges and magistrates, particularly in areas with high caseloads. 

Furthermore, electronic case management systems have been introduced to streamline court procedures and enhance efficiency. These systems facilitate the electronic filing of documents, case tracking, and scheduling, reducing the reliance on paper-based processes and minimizing administrative delays. 

Additionally, alternative dispute resolution mechanisms, such as mediation and arbitration, have been encouraged as a means to alleviate the burden on the courts. By referring appropriate cases to these methods, parties can achieve quicker and more cost-effective resolutions, freeing up judicial resources for more complex or contentious matters. 

While these measures have shown some improvements, further investment in court infrastructure, technology, and human resources is necessary to address the backlog and enhance case management in South African courts effectively. 

Alternative Dispute Resolution (ADR) and Court Referral 

The South African court system encourages parties to consider alternative dispute resolution methods, such as mediation and arbitration, as an alternative to litigation. ADR offers parties a more flexible and consensual approach to resolving disputes outside of the formal courtroom setting. It allows them to participate in decision-making and craft mutually agreeable solutions actively. 

Court referral to ADR mechanisms can be either voluntary or mandatory, depending on the nature of the case and the applicable legislation. In some instances, parties are required to attempt ADR before proceeding to litigation. This approach aims to reduce the burden on the courts and promote more efficient dispute resolution. 

However, while ADR has proven to be effective in many cases, it is not suitable or effective for all disputes. Certain matters, such as those involving complex legal issues or power imbalances between the parties, may require the formalities and protections offered by the court system. Moreover, ADR processes rely heavily on the willingness and cooperation of the parties involved, and in some cases, parties may be reluctant or unable to engage in meaningful ADR. 

Jurisdictional Limitations 

Jurisdictional limitations can pose challenges in litigation in South African courts. Determining the appropriate court with the proper jurisdiction can sometimes be a complex task, requiring careful consideration of the nature of the dispute and applicable laws. 

South Africa has a hierarchical court system, with different courts having jurisdiction over specific types of cases. For example, matters falling within the realm of specialized tribunals or traditional courts may be excluded from the jurisdiction of the regular courts. 

Conclusion  

Navigating jurisdictional issues requires a clear understanding of the legal framework and the relevant legislation governing the specific matter. In some cases, litigants may need to seek legal advice or consult with legal professionals to ensure they file their claims in the correct court with the appropriate jurisdiction. 

While litigation is an essential avenue for resolving disputes in South African courts, it is crucial to recognize the limitations inherent in the system. Cost constraints, lengthy proceedings, complexity, backlog, alternative dispute resolution options, and jurisdictional limitations all 

Consult an Attorney by contacting SchoemanLaw Inc today! 

Fiela Janse van Rensburg | SchoemanLaw Inc 

Attorney

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

Wednesday, 26 April 2023 10:27

Grounds of Review of Arbitration Awards

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 --

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