Author:peter-lamb

A heavy load April 19, 2022 Operators and drivers who disregard safety or correct procedure when it comes to securing loads do so at their peril, warns PETER LAMB. I recently attended a very good presentation on best practices for the lashing of various cargoes. One of the comments from the audience to the presenter was that truck drivers just don’t think that they are responsible for the lashing of the cargo. This is simply incorrect. In terms of the […]

Aarto in the firing line March 10, 2022 The Administrative Adjudication of the Road Offences Act 46 of 1998 (the Aarto Act) is unconstitutional. What does this mean? PETER LAMB explains. The Aarto Act and the Administrative Adjudication of Road Traffic Offences Amendment Act 4 of 2019 (the Amendment Act) have been declared unconstitutional and invalid by the Gauteng Division of the High Court in Pretoria. The applicant, the Organisation Undoing Tax Abuse (Outa), did not seek any temporary interdict […]

Check the fine print! February 9, 2022 A fascinating case – involving the employee of a logistics company – has once again returned to court. The findings of the court serve as a reminder to check the fine print before concluding any contracts, says PETER LAMB. The Supreme Court of Appeal (SCA) in Schenker South Africa (Pty) Ltd v Fujitsu Services Core (Pty) Ltd (508/2020) [2022] ZASCA 7 (18 January 2022) has reversed the decision of the High Court in […]

Watch out for legal pitfalls when transporting dangerous goods January 17, 2022 The transportation of dangerous goods by road is heavily regulated under South African law. PETER LAMB says these laws need to be understood by all involved in the transportation of dangerous goods. All transport operators are encouraged to purchase the applicable copy of the standards from the South African Bureau of Standards (SABS). The National Road Traffic Act 93 of 1996 (NRTA) regulates the transportation of dangerous goods […]

Incoterms 2020 – a useful guide for logistics service providers November 10, 2021 Incoterms can be very useful for transport operators and logistics companies. But what are they, exactly? PETER LAMB sheds some light. It is important to note is that Incoterms do not constitute law: they are merely contractual terms – abbreviated as an “Incoterm” – that contracting parties involved in domestic or international trade may choose to incorporate into their contracts of sale. Incoterms were drafted by the […]

Entering into contracts? Do it right! October 13, 2021 Full disclosure is required when a logistics company signs a contract with a client. The cost of not adhering to this requirement can be high, warns PETER LAMB. In the recent decision of UPS SCS South Africa (Pty) Ltd v Hendrick Cornelis van Wyk t/a Skydive Mossel Bay (SMB) the Supreme Court of Appeal (SCA) highlighted the importance of logistics companies adopting best practices in the use of their standard trading […]

The hazchem game gets new rules July 16, 2021 Are you involved in the transportation of hazardous chemicals? New legislation has been published, and the penalties for non-compliance can be hefty, says PETER LAMB. New Regulations for Hazardous Chemical Agents 2021 (under the Occupational Health and Safety Act 85 of 1993) were published in the Government Gazette 44348 on March 29, 2021. The new regulations will impact the business of logistics service providers whose clients include importers, manufacturers and retailers […]

The changing landscape of managing risk February 5, 2021 Strategies that manage both daily and exceptional risks along the supply chain have changed. Companies need to heed legal advice and ensure compliance. Trustworthiness has become a key priority for companies, bringing about new approaches to risk management. Oversight, for example, is now viewed as one of the most important functions of a Board of Directors and Boards expect management to evaluate risk differently to any prior status quo. Companies therefore […]

Ensure you are covered! September 21, 2020 In the freight-forwarding and logistics industry, it is common for high-value cargo to be placed in the hands of employees, at which point things can go wrong An employer can be held liable for the criminal conduct of their employees if they have not taken the necessary steps to safeguard themselves against such liability. Standard trading terms (STCs) must exclude your liability for the criminal conduct of your employees. In March 2020, the […]

A lien you can lean on August 15, 2020 Clauses contained in standard trading terms can provide a level of protection for a freight forwarder or warehouseman I t is very common for a set of standard trading terms (STCs) for a freight forwarder or warehouseman to include a clause similar to this: “All goods and documents relating to goods including bills of lading and import permits, as well as all refunds, repayments, claims and other recoveries, shall be subject […]