Author:peter-lamb

Ensure you are covered!

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 […]

Read more

A lien you can lean on

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 […]

Read more

Testing times at South African ports thanks to Covid-19

Testing times at South African ports thanks to Covid-19 July 10, 2020 The Covid-19 lockdown regulations have found freight forwarding companies in South Africa stuck between a rock and a hard place. These companies are faced with the difficulty of balancing their customer relationships, while excluding their liability for demurrage costs As a result of the coronavirus pandemic, a number of regulations were gazetted, which initially placed strict restrictions on the movement of non-essential cargo in and out of South […]

Read more

Risk management in the era of Covid-19

The world is currently dominated by concerns around COVID-19, the effects of which will continue to be felt for some time. From a risk management perspective, the logistics and supply chain sectors must consider the impact of COVID-19 on their current and future business operations In the event that disruptions caused by Covid-19 make it difficult for participants in the logistics and supply chain sectors to meet their obligations, will Covid-19 constitute a “force majeure” event under South African law? […]

Read more

Cyber risk and supply chains

New threats and more sophisticated cyber attacks will leave supply chains more vulnerable than ever, unless a comprehensive cyber risk management system is place Global supply chains have benefited greatly from new technologies, which have led to greater efficiencies. Global supply chains and secure technologies are critical to global business operations, but they are also a high-value target for cyber criminals. The traditional view of risk officers is through the first-party exposure: attacks against a company’s IT infrastructure, malware and […]

Read more

Fourth Industrial Revolution: Legal risk management is critical

The Fourth Industrial Revolution brings with it some operational risks in the supply chain. What about the legal risks that result? We all know that new technologies have already impacted the logistics and supply chain industries, and will continue to do so in the chaotic environment that is the Fourth Industrial Revolution. Until now, the focus has been on how the new technologies could deal with operational risks in the supply chain. This article focuses on the management of the […]

Read more

Risk management in supply chain

The landscape for managing risk has changed. Following the 2008 financial crisis, people no longer have the same amount of trust in companies Being perceived as trustworthy has become a priority for companies. Risk management is one of the most important functions of a board of directors. Boards are generally aware that the risk-management landscape has changed and they expect management to evaluate that risk differently. Companies need systematic processes in place to identify and manage risk, especially in the […]

Read more

The standard contract

Part of risk management for a logistics company is to understand its contractual obligations and the allocation of risks and liabilities between it and the other contracting party or parties Proper risk management extends to the mundane contracts that logistics companies encounter on a day-to-day basis. In many instances, it is the “standard” contract, which gives rise to disputes between contracting parties. In law there are two important rules for interpreting contracts. If the language is ambiguous, and if one […]

Read more

Going around in circles

The latest amendments to the National Road Traffic Act regulations have been poorly drafted. There was some commotion in the logistics industry when the minister of transport amended the National Road Traffic Regulations on October 31, 2014. Further amendments to these regulations were published on April 20. In terms of the amended regulation 330(C)(f)(i)-(iii) only an “operator” whose vehicle’s gross mass (GVM) exceeds 3 500 kg will need to have a declaration in its possession, which must include a written […]

Read more