Uniform Rules for Digital Trade Transactions (“URDTT”)

Uniform Rules for Digital Trade Transactions (“URDTT”)

The International Chamber of Commerce (“ICC”) has published the Uniform Rules for Digital Trade Transactions (“URDTT”), which constitute the international laws of trade financing practice, and came into force on 1 October 2021. You can read the rules here.

Background

Work on the URDTT began in December 2018 following the realization that there was a lack of rules for digital transactions. The first draft was prepared by the ICC National Committees (“Committees”) at the end of 2019. Since then, the Committees have drafted six different versions of the rules taking into consideration more than 1,500 comments. Finally, the definitive version of the URDTT was published on 1 October 2021.

What is the scope of the new rules?

The URDTT is a comprehensive set of rules designed to cover all parties of digital commerce transactions. Its core mandate is to pave the way for commercial transactions in compliance with the UNCITRAL Model Law. Pursuant to these rules, electronic records will form the basis of commercial transactions rather than any documents or written contracts. Thus, impartiality and uniformity will be ensured in terms of commercial transactions.

The URDTT are intended (i) for a fully digital environment, (ii) to be neutral with regard to technology and messaging standards and, (iii) to extend into the corporate space, including commercial transactions and the growing community of non-bank providers of financial services.[1]

Within the framework of the URDTT, it is possible for importers and exporters to create electronic records for the purchase and sale of goods and services. It will, therefore, provide documents that will prove a buyer’s obligation to pay and a seller’s obligation to sell.

Moreover, the new set of rules also specify how electronic records regarding parties’ obligations are submitted and under which terms and conditions they will be issued.

Conclusion

In today’s world, where digital transactions are becoming more widespread, there is no doubt that the importance of digitalization of the trade industry is one of the most discussed issues in the international dimension. With the new rules, an important step towards adapting to the new world has been taken, providing a standardization of digital transactions and namely, a legal certainty. It is clear that the URDTT rules will be revised according to developing technology, business life and the needs of the markets and thus, new versions could be developed in this regard.

Amazing Race says thank you

Amazing Race says thank you

The second Middelburg Amazing Race, organised by the Middelburg Info Centre, took place last Saturday, 16 October 2021. The teams of 4 had a lot of fun. They started at the newly refurbished Middelburg train station and took on challenges to get clues to each destination.

Participants did everything from solving puzzles, tyre races, a maze, grave watching and archery, paddling a boat, and even writing a test about coffee!

The winning team, Quembu Miners, received R10 000, dr Kobus Family R7500 and Suicide Squad R5 000. Middelburg Care Village received a donation of R5000 and Dr Kobus kindly donated his winnings to Feral Care Friends.

Many thanks to the following sponsors who made the day possible: Thos Begbie, Underground Support Solutions, Middelburg Observer, Xpress Newspaper, 3@1 and Mpumalanga Rail Company.

We would also like to thank the places that hosted the challenges this year: MRC, OH Frewin Museum, Daily Coffee, Middelburg Parkrun, Oregon Place Guest House, Middelburg Heritage Committee, Gables Guest House, Middelburg Info, Middelburg Care Village, Retiefs Optometrist, Battlefields, 3@1 and Hermansdal Landgoed. You made the day great fun for all.

Let’s do it again next year!

How will businesses survive the current turmoil in our municipality?

 How will businesses survive the current turmoil in our municipality?

Since the mid-1980s, businesses and the community have had the opportunity to talk to each other and put the hard truth on the table so that we can survive as a community, whatever the future holds.

First, it was the COVID19 lockdown where it became the norm in government departments and local government to “work from home” or only work two to three days a week. Then there was the unrest in Kwa-Zulu Natal and Gauteng, Steve Tshwete Municipality’s (STLM) civil unrest in August, which escalated into the current unsustainable wage increase demand for STLM workers, which is a major concern for companies.

Business is used to working with the municipality. The STLM provides us with their services and we pay for what we use. Will businesses be quiet and accept the extra financial burden that will be placed on us? Will the infrastructure we depend on to be maintained at an acceptable level? How will we manage the additional cost of municipal services, cut jobs? Maintain the infrastructure at our expense? Police our properties and communities to ensure the safety of our people? Or are you as a business prepared to absorb these additional costs?

Is your company or employer a member of the Middelburg Chamber of Commerce and Industry? Do you want to be part of the solution that paves the way for the future, or do you accept the future that is being planned by the municipality. As a non-profit organisation, MCCI is a non-political organisation that only supports the interests of business. Contact the office with your vision and point of view on how you envision our future.

Comment on CCSA Guidelines on collaboration

Comment on CCSA Guidelines on collaboration

The Competitions Commission of South Africa invited comments on collaboration between competitors on localisation initiatives. The South African Manufacturing Cluster submitted a comprehensive comment.

As published for comment by the Competitions Commission, the guidance document is, in our view, an excellent enabler for the development and growth efforts needed to revitalise the manufacturing sector.

Guidelines for collaboration – Comments

The Guideline document, as published for comment by the Competitions Commission, is

in our opinion, an excellent enabler for the development and growth efforts that will be

needed to support a revival in the manufacturing sector.

  1. By our understanding, the Competitions Act is about preventing parties from colluding to the exclusion and detriment of others. The guideline will help us collaborate with like-minded businesses and clusters to facilitate a more inclusive, growth-focused society.
  2. The Guideline provides an answer to the strategic question: “How does the industry go about identifying and implementing localisation initiatives in a manner that will not raise competition concerns?” It also makes it more feasible for the clustering of firms to build out the value chain horizontally (such as collective sourcing) instead of and in preference to traditional monopolistic, vertically integrated strongholds, controlling the traditional value chain.
  3. The list of defined definitions in the guideline refers to an independent facilitator as “not having direct or indirect commercial links or otherwise to a concerned firm”. This definition may be problematic for clusters to apply, should they want to facilitate localisation activities, which is often the main reason they exist.
  4. Assuming that a cluster charges a membership fee, they will (by definition) have a commercial link to the member firm concerned.
  5. Even if there is no fee involved, they would know the key players in the industry(s) they serve and would fail the “commercial or otherwise” test.

          iii.           Facilitation is expensive and would need to be funded. This joint funding of an independent facilitator can be equivalent to the same obligation as members would have to a cluster facilitator.

Regarding the framework for collaboration:

  1. Identification of opportunities for localisation (Para 6.2 – 6.6).
  2. On the understanding that there is a further discussion regarding “independent facilitator”, we agree with the balance of paragraphs on this topic in the guideline.

  1. The process for setting industry local procurement targets (Para. 6.7 – 6.11)
  2. On the understanding that there is a further discussion regarding “independent facilitator”, we agree with the balance of paragraphs on this topic in the guideline
  3. We also thank you for the clarification that the participation of firms in such discussions is not a contravention.
  4. The process for setting individual firm local procurement targets (Para 6.12 – 6.15).
  5. Para 6.14: To be edited, as the intended meaning is unclear: “…individual localisation targets, facilitated by the facilitator, ‘may’ not amount to a contravention…”.
  6. On the understanding that there is a further discussion regarding  “independent facilitator”, we agree with the balance of paragraphs on this topic in the guideline.
  7. Demand forecasting (Para 6.16 – 6.17)
  8. On the understanding that there is a further discussion regarding independent facilitator”, we agree with the balance of paragraphs on this topic in the guideline.

The guide is otherwise clear and will be an effective tool for industry and government to use in the future. In a constantly evolving environment, it is to be expected that interpretations and nuances will be tested, and updates may be required from time to time.

Members interested in participating in Manufacturing Cluster are welcome to contact Anna-Marth Ott at ceo@middelburginfo.com for more information.

Partnership with NCPC-SA and MCCI to promote competitiveness

Partnership with NCPC-SA and MCCI to promote competitiveness

Members of the Middelburg Chamber of Commerce and Industry (MCCI) can now fully benefit from the subsidised services of the National Cleaner Production Centre South Africa (NCPC-SA). At the first meeting on 16 September 2021, energy and water efficiency and the replacement of waste through industrial symbiosis were explained.

MCCI has signed a Memorandum of Understanding (MOU) with the NCPC-SA to jointly help members improve their efficiency and sustainability over the next two years. The NCPC-SA supports the industry through various projects and programmes that promote resource efficiency and clean production methods in industry and selected commercial sectors.

One of the most important offerings in the province is the Mpumalanga Industrial Symbiosis Programme (MISP), which the NCPC-SA operates in collaboration with the Mpumalanga Department of Economic Development and Tourism. MISP is a provincial initiative to create economic opportunities while improving the management of industrial waste.

The programme uses the industrial symbiosis approach, where unused resources from one company are recovered and reused. The approach supports developing a circular economy in Mpumalanga, avoids landfilling waste and creates business opportunities for local entrepreneurs or waste solution providers.

MCCI hosted the NCPC-SA to introduce the NCPC-SA and its services to MCCI members. This national government programme is hosted by the Council for Scientific and Industrial Research (CSIR) and funded mainly by the Department of Trade, Industry and Competition (DTIC).

MCCI plans to hold one workshop per NCPC, as there are many areas where businesses can benefit and find synergies with the services offered. Any member interested in more information can contact Anna-Marth Ott: ceo@middelburginfo.com.

Thank you, Women in Power

Thank you, Women in Power.

On Friday, 17 September 2021, ladies of the business community gathered at Hermansdal Landgoed to celebrate Women’s Day in the spring.

The Middelburg Chamber of Commerce and Industry (MCCI) hosted its annual Women’s Day celebration with 100 beautiful women from the Mpumalanga Highveld.  The theme was Women in Power. The ladies were given a platform to express themselves and interact with other women. Mr Themba Phathakge opened the ceremony with a beautiful poem about women, and William Blackrose captivated the women with his beautiful voice.

Special guests included the Executive Mayor of Emalahleni Ms L.N. Malatjie, Acting Executive Mayor of Nkangala District Ms Mthimunye, Municipal Manager of Nkangala District Ms S.S.Skosana, Ms Que Naidoo, President and Mrs Anna-Marth Ott, CEO of MCCI The day ended with the women testing their golf swings at the new Hermansdal golf driving range. Monica Joao won the competition for the longest drive.

Thank you to the following sponsors: Columbus, Thosbegbie, Nashua, Twizza, Mbungiswa Logistics, Hermansdal, Old Mutual, Chris de Hoek Guest House, The Daily Coffee café Middelburg, Alveston Manor Spa, Abafazi Nebhodo, Midmed Hospital, Honey Accessories with your continued support of the event was a great success.

NB: Covid 19 regulations were followed at all times.

Business Opportunities in the Gulf Region

Business Opportunities in the Gulf Region


Since June this year, the Department of International Relations and Cooperation (DIRCO) has met with the Association of Chambers of Commerce (ASAC) representatives to organise a meeting between the various ambassadors in the Gulf Region and ASAC members.

The ASAC comprises of Chambers of Commerce that issue most of the certificates of origin, Cape Town, Durban, Port Elizabeth, East London, Pietermaritzburg and Middelburg. We are constantly looking for opportunities and building relationships with Trade Delegations, DIRCO and companies interested in export opportunities.

At the meeting, members were introduced to these countries’ various partnership and investment opportunities.  Such as building hospitals to various food security opportunities. There will be follow-up meetings with these ambassadors, and our members will be invited to attend.

 

Why does the MCCI help KZN?

Why does the MCCI help KZN?

The Middelburg Chamber of Commerce & Industry (MCCI) is a business organisation and our primary purpose is to serve and support our members and our business organisation. Why help the Kwazulu Natal people? MCCI is not a charity organisation.
Not only does MCCI have a network of local businesses that we communicate and work with, but we also network and work with other chambers across the country. In this case with the Pietermaritzburg and Midlands Chamber of Business and the Durban Chamber of Commerce & Industry. Recently, we lobbied with them to standardise electricity rates for industries that use municipal electricity.

MCCI will leverage the various networks and chambers such as the franchise network to assist employees and identified beneficiaries in the business environment. Middelburg is part of the road infrastructure and business network that stretches from Durban Harbour to our city. The sooner the business community gets back on its feet and business returns to normal, the sooner we can recover from the economic damage caused by the looting, vandalism and Covid19’s impact on the business sector.

MCCI will use our members’ franchise networks and chamber connections to ensure that all funds are used for what they were intended for and, as always, keep a watchful eye on management. We need to protect jobs in our city so we can continue to help others instead of being helped. Anyone interested in sending food and other supplies to the affected areas can drop them off with us or at the Nashua offices.

The future of Botshabelo?

The future of Botshabelo?

Botshabelo was an integral part of Middelburg’s history and tourism. From a world-historical village that attracted hundreds of local and international tourists, sometimes daily.

Now Botshabelo has become a ghost village.

Botshabelo Mission Station was an essential and quite influential centre where the gospel was widely preached among the black community.

It became a place where people received education and training. Founded in 1865, Botshabelo was converted from Mission Station into a historical site for tourists visiting Middelburg.

On June 23, the Local Economic Development (TRAC committee) held a meeting with the interim board members of Botshabelo to discuss the future of the historic village.

The various interventions and plans have not succeeded in reviving the tourist attraction part of Botshabelo. The various representatives of the Botshabelo committee

said that the main stumbling block was the interdict served on the previous board. The new provisional board was working to meet the requirements of the interdict.

The TRAC committee urged the beneficiaries to finalise their governance requirements.

At the meeting, the TRAC committee said it would like to present a solution to Steve Tshwete Municipality for revising that portion linked to our tourism industry.

TRAC presented two proposals; a buyout or a long-term lease. Interim board members were asked to discuss the proposals with beneficiaries and provide feedback in the coming months.

As a community, we need to find practical solutions to revitalise our economy and tourism industry on the N11 towards Loskop Dam.

 

For more information about the meeting, you can contact the Information Centre on 013 243 2253.

Let’s Get Golfing!

Let’s Get Golfing!

It is that time of year again. On 7 May 2021, our annual Middelburg Chamber of Commerce & Industry Golf Day will tee off at 10 am; the format is a 2-ball scramble with a shotgun start.

Fanie De Villiers will be joining in on the fun and entertaining the teams and businesses participating. Our Golf Day is one of our popular annual networking events for business.

Last year we showed that the game must go on, within the Covid-19 rules. In 2021 we want to strengthen the relationships and business networking imperative for the survival of SSME’s and larger companies.

We have also set aside a presentation area for participating businesses to host a short 10min verbal presentation on their company throughout the day. We are adding an extra element to the networking during the day.

With different levels of sponsorship, we have opened the gates for all to participate. Registration will include 1x 4 ball, meal & water per player, 10 min presentation time and a goodie bag for each player.

Sponsorship and Team registration ended 1 May at 5 pm. We hope to see you there. 

A huge thank you to our sponsors for making this day possible:

FAW – Highveld Commercial Vehicles and Nashua Mpumalanga