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Validity of Licenses pertaining to vehicles following lock down



We have received numerous questions relating to the “validity” of licenses pertaining to vehicles during the “lock down” period and how claims are being dealt with.

 

Regulation 6 [Validity period of licences] of Notice 544 of Government Gazette 43339 of 20 May 2020 [Extending the validity of learners’ licences, driving licences, licence discs, professional driving permits, and registrations of motor vehicles] has been amended, as follows:

 

1)     All learner’s licences, driving licence cards, temporary driving licences and professional driving permits that expire during 26 March 2020 up to 31 August 2020 are deemed to be valid and their validity period is extended for a further grace period ending on 31 January 2021.

 

2)     All motor vehicle licence discs, temporary permits and roadworthy certificates that expired during 26 March 2020 until 31 May 2020 are deemed to be valid and their validity period is extended for a further grace period ending on 31 August 2020.

 

3)     Motor trade number licences that expired during 26 March 2020 until 31 May 2020 are deemed to be valid and are extended for a further grace period ending on 30 November 2020.




These extensions have been signed off by the Minister of Transport, Fikile Mbalula and Gazetted on 22 July 2020.

 

All motor claims will be dealt within the scope provided above and will not be delayed due the “expiry” of mentioned licenses.

We trust that this will clarify the uncertainties regarding the renewal process of the various licenses mentioned above and the claims handling process.

 

If you have any questions feel free to visit our website www.esbrokers.co.za
A copy of the gazette is also available on request.

Article courtesy of our Business partners,  Brolink Administrators

 

Hand sanitiser poses new risk to retailers


RETAILERS could potentially face a new surge of class actions and personal injury claims for negligence regarding the use of harmful products. This follows the news that some South Africans have reported developing a rash after exposure to hand sanitiser dispensed at store entrances.

Even though it is debatable whether retailers will be held legally accountable for allergic reactions to hand sanitisers, retailers should act cautiously and ensure they have adequate cover in place.

Government issued a directive requiring all stores to comply by ensuring that they have hand sanitisers available, with the only requirement being that they should be 70% alcohol based. Retailers had to be compliant by order of law, and may not have had enough time to conduct thorough testing. Scientific study will likely show that in any control group, a percentage of people could expect adverse reactions to any product. The question is whether stores can be held legally accountable if, for example, one out of every 10 000 people has a non-lethal reaction. Should the risk of averting Covid-19 enjoy priority over general consumer safety?



It will be interesting to see whether the court ultimately believes that the Consumer Protection Act applies in these cases, as no money was exchanged for goods purchased as the sanitiser was applied as a pre-requisite to entering the store.

Nevertheless, even if retailers are not held legally accountable for injury or damages in this regard, they are at risk of losing substantial amounts of money if they are not adequately insured against personal injury claims. For a claimant to successfully sue a retailer, they would be required to prove that the harm caused was a direct or indirect result of the harmful product supplied by the store. While the court’s judgement may ultimately be in favour of the retailer, the legal fees that one incurs while defending such claims, can have a significant impact on a business.

The likelihood of being sued by a consumer is high, even if most cases are frivolous. “SHA’s own statistics show that the intimated values for personal injury claims against businesses have grown by at least 56% in a space of two years. The frequency of claims has also increased exponentially. Adding to that, the cost of adequate legal defence has gone up by between 8% and 10% annually in recent years. Considering that liability cases routinely take three to five years to reach settlement, the inflationary effect of legal fees will definitely be felt.

In light of this, retailers must take the necessary precautions to manage potential liability risks related to their use of hand sanitisers. “Retailers can start by putting up large visible disclaimers warning customers about any potential adverse effects of hand sanitisers – specifically indemnifying themselves from liability. They should further stipulate that while customers are required to be sanitised, they may decline to do so if they have their own sanitiser, and apply it before entry under supervision of the store. Retailers must also ensure that the products they use on consumers are approved as medically safe. In short, retailers should act in a way that a “reasonable retailer” would, and apply the necessary precautions.

For any advice or assistance regarding public Liability cover phone 031-5021922 or leave your details on our website www.esbrokers.co.za


Cape Business news –supplied by SHA Specialist Underwriters

DOG POISONING: HOW YOU COULD SAVE YOUR DOG’S LIFE




Dogs have evolved into more than just a man’s best friend, they are our loyal companions and our trusted protectors. But how do we protect them? We have seen dog poisonings become more and more prevalent during housebreakings and we want to make sure that you know how you could save your dog’s life if he or she is poisoned.

The ease with which robbers can feed your dog a poisoned piece of meat makes it exceptionally difficult to avoid and prevent poisoning altogether. Apart from training your dog not to eat from a stranger or nibble on something they found thrown onto the property, which would defy their natural instincts, poison prevention for your pet is quite grim. This is why we want to equip you with the following information centered around saving your dog’s life should you be able to determine that they ingested poison.


Know the Symptoms

When you know your dog well, it is easy to know when something is wrong. A poisoned puppy could display any of the following symptoms so look out for these when you notice any unusual behaviour:

·         Vomiting

·         Diarrhea

·         Seizures

·         Blood in the stool

·         Lethargy

·         Loss of appetite

·         Bruising

·         Nosebleeds

·         Irregular heartbeat

·         Inability to urinate

If your dog indicates any of the above symptoms, then you need to consult a vet immediately. Do not, under any circumstances, try to treat your dog with a home remedy or try to induce vomiting. Rather wait for instructions from your vet or drive your dog through to the emergency room as soon as possible. Take great care to transport them carefully to avoid further stress and anxiety, which could cause your dog’s state to deteriorate further.

Scan your surroundings

You will need to make sure that the remains of the poison are removed from your yard, or anywhere within your dog’s reach. This will help prevent your pet from consuming the dangerous substance again when they are back home or if you have other pets in the yard. Look for odd food items such as meat or bread that would be thrown over your gate or walls.

If you do find any samples of the poison, then take it to the vet’s clinic. This will help the vet identify the poison faster and be able to treat your pet more effectively.

There is also a chance that your dog may have ingested a substance from within the house. You should also explore your home to check if your dog consumed any pills or detergents that may be causing these symptoms.

Have All Relevant Information Handy

In an emergency, you may need to take your dog to a vet that you have never seen before. This means that they do not have all your pet’s information on file. It is handy to keep a separate record of your dog’s details so you can provide specific information in an emergency situation. These details include:

·         The substance that your pet ingested (if you have any knowledge of the substance)

·         If known, the quantity that he/she consumed

·         Time of the first sign of symptoms

·         Age

·         Breed

·         Weight

·         Vaccination history

·         Names of all current medication



As much as we hope that we would never be placed in a situation like this, a responsible pet owner should always have a 24/7 veterinary doctor’s contact details to call in case of an emergency. To help you out, if you do not already have this information available, have a look at some of our suggested 24/7 veterinary clinics below for Kwa Zulu Natal .

Westville Veterinary Hospital
Contact number: 031 267 8000
Address: 31 Jan Hofmeyr Rd, Westville

Hillcrest Veterinary Hospital
Contact number: 031 765 3221
Address: Chube House, 32 Old Main Rd, Hillcrest

Ashburne Veterinary Clinic
Contact number: 031 562 1037
Address: 32 Burne Cres, Glen Ashley, Durban North

Apart from keeping our beloved pets safe from poisoning, we also need to protect them from being stolen. Read more on how to keep your faithful friend safe from dognappers.


For more information of assistance regarding this information please visit our website - www.esbrokers.co.za


We would like to thank  Blue Security allowing us to share this  information with our communities. 

 

 

Car Buyers beware: Cutting insurance costs could backfire


Including insurance costs in car-buying calculations means peace of mind

 

Rational thought often vanishes when a car lover examines a gleaming vehicle. A part of his or her brain will say “you are getting in too deep, it costs too much”. Unfortunately, many will give in to the voice that looks at the monthly installment and says “you can handle it”.

Buyer’s remorse soon follows as the costs of insurance, maintenance and fuel are added to the monthly payment. The solution is usually to save money by compromising on insurance.

Cutting back on insurance brings instant relief to a hard-pressed wallet. As with most actions, it does have consequences, and some of the results can be catastrophic.



WHAT NOT TO DO

The most dangerous action of all is to have a knee-jerk reaction and cancel the policy. It’s best at this point to remember that cars bought on installment sale in South Africa have to be insured. 

If you are a high-stakes gambler who thinks that the risk is minimal because you are a good driver just be prepared to live with the unforeseen costs.

“They include paying all your expenses, and an insurance company suing you to recover the money spent on repairing a client’s car that you may have collided with.”

Of course, also to be considered is that your car could be damaged beyond repair. Without insurance, there will also still be installments to be paid. It’s a guaranteed balance sheet breaker.

What is most concerning in these times, is buyers who take compulsory insurance so that a car’s sale paperwork all looks fine and then cancels the policy a month or so later. As many finance houses run checks on insurance during the year, protection is purchased again, only to be cancelled a little later.  The results can be the same as not having insurance at all.

THE REALISTIC OPTIONS

The time to begin thinking about insurance payments is when you buy the car. As a consumer, you are not obliged to take a policy offered to you by a seller or finance house. Delaying the delivery of the dream wheels by a day or two allows you to shop around or ask a broker to do the homework for you.

Opting for a lower premium by agreeing to an increase in the excess payment,” is always an option. The problem is that the lower the premium, the higher the excess.

It’s one thing to have an excess bumped up from, say, R2 500 to R5 000 if you can afford it. Let it go too high and personal budgets and hard-won savings can go out the window very quickly,

The way is always open for a driver with only third-party cover to claim for repairs from another driver if that driver is comprehensively insured. The element of blame has to be proved, however, and can take some time while you sit without transport.

“Times are tough, but having a car insured is a ‘must-have’. Rather than expose yourself to unnecessary risk, approach your broker to see what can be done to reduce premiums, or shop around yourself. While doing so, remember that all policies are not created equal.

Cheap insurance isn’t necessarily good insurance. Read those T’s and C’s, or get your broker to advise you.
Always remember, you get what you pay for, if its cheap, there is a reason for that

For any assistance or advice please feel free to leave your details on our website www.esbrokers.co.za


Published in The South African
written by Charles Skinner

POPI Act (Protection of personal information) unpacked - What you need to know



After years of start and stops – virtually all the operational provisions of the Protection of Personal Information Act 4 of 2013 (POPIA) finally came into force on 1 July 2020.

All businesses and public bodies will be affected. This development impacts every public and private body in South Africa. The infographic below provides an overview of the instances in which POPIA will apply to processing activities and the obligations which come with POPIA. There is a 12-month grace period - until 30 June 2021 by which to comply with the comprehensive requirements set out in POPIA and non-compliance can result in significant penalties - up to 10  years' imprisonment and/or ZAR10 million in administrative fines. 


POPI’s reach is wide – it regulates all organisations who process personal information, - information about employees, customers, suppliers and those who outsource key processing activities, share data offshore, or engage in direct marketing.

What is personal information (as defined in section 1 of the Act)
* private details: Race, gender, sex, pregnancy, marital status, nationality, ethnicity, social origin, colour, sexual orientation, physical health, mental health, disability, religion, conscience, belief, culture, language and birth.

* History of a person: Employment, medical, financial, criminal

* numbers and addresses: E-mail address, telephone number, address, and other identifying number.

* Biometric information: Blood Type, fingerprints, or other such identifying information

* Outlook: Views, opinions or preferences.

* Correspondence: Explicitly private or confidential correspondence or further correspondence that reveal origin of original correspondence.

* Views: Views and opinions of a person about another person

* Names: The name of a person that, if it is revealed with personal information.

Legislation requiring collation and processing of personal information:
FAIS,FICA, NCA, CPA, ECTA, CIPC, STIA, LTIA, PFA, MSA etc.
King IV - ICT compliance.

Article courtesy of Webber Wentzel as published in Polity on line

CREDIT SHORTFALL INSURANCE (Top-Up)



Credit Shortfall insurance, also known as Top-Up, is a finance shortfall policy.
You can add it to your existing comprehensive policy as an optional extension or opt to select it as a stand alone policy.
You may claim under the policy, if the amount paid out under your comprehensive short-term insurance policy is less than the amount you still owe to your financier after the total loss of your vehicle.
(i.e. your vehicle is stolen and not recovered, or uneconomical to repair and is written off)

You can upgrade your auto Top-Up with deposit Protector if you wish.
With this upgrade, the Insurer will pay either the deposit paid (at the time of purchasing the vehicle) or 10% of the sum insured value of the vehicle at the time of the claim, whichever is the lessor.
Remember that you can only claim if your vehicle is stolen and not recovered, or is uneconomical to repair and it written off.
(i.e. Trading in your vehicle does not qualify in terms of the cover provided)

What makes up your Auto Top-Up policy of Insurance?
The schedule, terms and conditions and the policy wording, together with any correspondence sent to you, as well as any verbal agreements made by the Insurer (and recorded), from your policy of insurance.
please ensure that you are familiar with the contents of all the documents and that all the details noted on the schedule are correct in every respect.



Payment 
Your auto Top-Up policy gives you monthly cover and your premium is deducted in advance on the date stated on your schedule.
If in the month following the activation of your policy (and onwards) we do not receive your premium on the due deduction date, you will be allowed a 15- day period of grace in which to pay your premium. if we still do not receive your premium after these 15 days, you will not have cover for that month.

Your Obligations:
1) To have a valid, supporting and fully comprehensive motor insurance policy for the same vehicle covered by this policy
2) To ensure that your supporting and fully comprehensive motor insurance policy remains active and that its premium is paid
3) Your vehicle must be financed by a recognised finance house (not a private loan).
4) To ensure that the vehicle covered by the supporting, fully comprehensive motor policy is insured for its retail value
5) To adhere to the terms and conditions of your supporting , fully comprehensive motor insurance policy
6) Incorrect information, or non-disclosure or misrepresentation of information, may influence the the Insurer on any claims arising from your contract of insurance and may influence the decision to provide the benefits in terms of your policy, or accept to terminate your policy
7) To not admit any fault, nor make any offer of/or settlement, without the Insurers written agreement
8) To inform the Insurer if any of the policy details or declarations are incorrect or if any of these details or declarations change
9) Pay over any money due to your finance institution if any payment is made to you directly in connection with the claim against your supporting , fully comprehensive motor insurance policy
10) Inform your Insurer if your vehicle is sold, paid off with your financier or written off for any reason.

Visit our website www.esbrokers.co.za, should you need any assistance or advice regarding this article.

Funeral Plan



Our Funeral Plan policy gives the life assured (between the ages of 18 -65) monthly cover for Death as a result of accidental and natural causes.
Repatriation services are also included in this cover.

Description of benefits:
* Individual cover - this covers the main member only.
* Family cover - this covers the main member and spouse plus one to five defendants up to the age of 21 (or up to 25 if they are registered full-time students).
* Extension of cover for individual family members is also available at an additional premium.
* Death as a result of HIV/AIDS related illness is covered.
* Claims will be settled in less than two working days if all documentation is received.

Repatriation Services benefit:
* In the event of the Insured's death, the next of kin may decide on the place of burial and the funeral home
* The Mortal remains will then be sent to a branch of the chosen funeral home, closest to the cemetery.
* This service in only offered if both the death and burial occur within the borders of South Africa.

Waiting period:
The waiting period is a period during which no insurance is provided and monthly premiums are payable.
The following waiting periods apply:
* From the commencement date of the assured life on the policy, there is a six-month waiting period for that member for death as a result of natural causes. For death as a result of accident there is no waiting period.
* If we do not receive the monthly premium, the above waiting periods will recommence.

How to claim in the event of Death:
In the event of a claim, call the claim number provided in the schedule.
The following documents must be submitted to the claims department:
* The official claim form to be completed
* A Certified copy of the Abridged death certificate of the assured life
* Proof of identity of the assured life and the nominated beneficiary.
* The policy schedule.
* A fully completed Bl1663 form (notification of death form).
* An official policy report if the death of the assured life was due to unnatural causes.
* Proof of Banking details of the beneficiary and one months bank statement.
* If no beneficiaries exist, then a letter of executorship from the high court is required.
* Any other documentary proof that may be required by the Insurer.

For quotations and/or assistance with regards to Funeral Plans please visit our website and leave your details
https://www.esbrokers.co.za
 

The rand is now the world's most undervalued currency – here’s where it should be


 Big Mac. (McDonald's)

·       The Economist's Big Mac index shows that - theoretically - the rand should be trading at R5.43/dollar.

·       The currency is now undervalued by 67.4%, compared to Brazil (-32%), Argentina (-39%) and India (-56%).

·       Of late, the rand has been a bit stronger after SA recorded its first current account surplus in 17 years.

The Economist’s Big Mac Index has been updated, and shows that the rand is now a whopping 67% cheaper than it theoretically should be against the dollar – the worst undervaluation of all the currencies measured.

Since 1986, the publication has been using McDonald’s Big Mac prices to determine whether currencies are overvalued, or too cheap.

The Big Mac Index is based on the theory of purchasing-power parity. In the long run, theoretically, exchange rates ought to adjust so that an identical product must cost the same across countries.

A Big Mac costs around R31 in South Africa and $5.71 in the United States. This means the “implied exchange rate” is R5.43/$.

“The difference between this and the actual exchange rate, R16.67, suggests the South African rand is 67.4% undervalued,” the Economist says.
The is the worst level in the World.





While the vast majority of currencies are also undervalued to the dollar – Brazil by 32%, Argentina (-39%), India (-56%) and Turkey (-64%) – none beat the rand. The rand was even weaker than the Russian rouble (-66.5%)

Only Sweden, Lebanon and Switzerland are considered overvalued against the dollar.

As recently as a decade ago, the rand was “only” undervalued by 39% against the dollar.

There are many pressures on the rand, including concerns about government's ballooning debt, and the impact of the coronavirus pandemic and load shedding on an already weak economy.  

Over the past three weeks, the rand has received a boost from strong gold prices – South Africa is among the world’s biggest gold miners. It was also bolstered by a surprise current account surplus, the first in 17 years.

In the first quarter of 2020, South Africa exported almost R70 billion more in goods and services than it imported. This is good news for rand demand, as it means that fewer local importers had to sell rand and buy overseas currencies to pay for their imported goods.

 

Article courtesy of Business Insider South Africa

A Tough 18 months lie ahead for SA Economy



Chief economist for Allianz Ludovic Subran said emerging economies like South Africa will have a difficult 18 months ahead because of the COVID-19 pandemic 

He said the economy of India, which still believed it could grow to be the next China, would also only recover in 2022.

Meanwhile, Chinese economist Shen Jiashuang said that China was recovering but he warned that consumer demand still remained lower than production.

The two were panellists on a world economic forum webinar on the global economic outlook .




Subran explained: “…And I think this is going to be a difficult 18 months for countries like Brazil, Israel, South Africa and these other borderline emerging advance economies, which have a service economy that is quite important.”

Article courtesy of EWN (Eyewitness News)

Home Generators - And how it affects your Insurance cover



With Load shedding and severe cold weather in full swing, the use of residential generators is once again in the spotlight.

We would like to make our clients aware of the risks and Laws associated to the installation of individual free-standing generators and how it can affect your insurance policy, if not installed correctly.

 

Most importantly any generator installation must comply with the
South African National Standard (SANS 10142-1:2003) for the wiring of the premises. This applies to both portable as well as permanent installations. It is therefore critical that the electrical connections are undertaken by a qualified electrician and an Electrical Compliance Certificate (“COC”) is issued.



This is a legal requirement and failure to comply with these requirements could possibly invalidate your insurance, should it be established that a fire or injury is caused as a result of the incorrect connection of the generator.

It is very important that you inform your broker and insurer that you have installed a generator. This will be noted on your policy and the following safety practices must then be complied with to ensure full cover for damage caused by generators:

1. The generator is installed in a well-ventilated position, and an electrical COC covering the connection has been issued.
2. A 4.5kg DCP fire extinguisher is installed near to the generator.

3. Any spare fuel is stored in steel containers and in a safe place. Not more than 50 litres of petrol or 200 litres of diesel (other than the fuel in the tank of the generator) is stored inside the building.

 

For any assistance or advice regarding the Do’s and Don’ts of safe installation of home Generators give us a call on 031-5021922 or visit our website www.esbrokers.co.za and leave your details.

 


Article courtesy of CIA (Commercial & Industrial Acceptances (PTY) Ltd