Legal updates and opinions
Search Author
IFLR1000 Financial and Corporate Rankings (2022 Edition)
IFLR1000 Financial and Corporate Rankings (2022 Edition) IFLR1000 has released its latest rankings which reflect our market standing within the financial and corporate practice areas. This [...]
Werksmans Announces Partner Promotions
It gives us great pleasure to announce that the following Senior Associates have been offered positions as Directors with effect from 1 March 2022 Armand Swart [...]
Dishonesty surrounding the breach of Covid-19 protocols in the workplace is a fair ground for dismissal
Breach of Covid-19 protocols in the workplace Issue Whether dismissal for dishonesty for infringing the employer’s Covid-19 protocols, was procedurally and substantively fair. Summary The dismissal [...]
2022/2023 Budget Proposals Tax Overview
2022/2023 Budget Proposals - Tax Overview By: The Werksmans Tax Team INTRODUCTION Minister of Finance Enoch Godongwana delivered his maiden Budget Speech on 23 February 2022. [...]
Chambers Global Rankings 2022
Chambers Global Rankings 2022 Released Published annually since 1999, Chambers covers legal markets of 200 jurisdictions by researching firms and conducting interviews with clients and legal [...]
Webinar | Healthcare & Life Sciences
Neil Kirby, Head of our Healthcare & Life Sciences Practice, with Helen Michael, Director, and Boitumelo Moti, Associate, hosted a webinar where they deliberated on a recent [...]
The existence of a disputed arbitration agreement: Whose call?
Arbitration agreement by Pierre Burger, Director Arbitration is a consensual process – it depends on an agreement between the parties to refer their dispute to arbitration. [...]
Who appoints the substitute BRP? A look into the meaning of Section 139(3) of the Companies Act
Section 139(3) of the Companies Act Who has the power to appoint a business rescue practitioner's replacement, in circumstances where a practitioner dies, resigns, or is [...]
Webinar: Constraints, Challenges and Opportunities in the Leisure Industry
With the ongoing ravages of Covid-19, the leisure industry continues to take a pounding in the South African market. Dr. Eric Levenstein, Head of [...]
Recent pro bono highlights
Werksmans pro bono highlights - National Wills Week During the week of 13 to 17 September 2021, Werksmans participated in National Wills Week. This is an [...]
A bank’s duties to non-customers – clarified or extended?
A bank's duties to non-customers When money is deposited into a bank account, it becomes the property of the bank. This enables the bank to pool [...]
Can crypto assets be exported?
The movement of crypto assets between digital wallets The Financial Surveillance Department of the South African Reserve Bank or "FinSurv" has made its views known on [...]
Section 161 of the Companies Act and a shareholder’s claim for reflective loss
Section 161 of the Companies Act In terms of the South African common law, a shareholder does not have the right to claim for a reduction [...]
A bank’s choice of forum – what does the law say?
Setting the Scene It is common practice for consumers to take up mortgages and purchase motor vehicles on credit from financial institutions. However, what happens if, [...]
Information officers take note!
Promotion of Access to Information Act, 2000 regulations 1. The long-awaited Promotion of Access to Information Act, 2000 regulations ("the Regulations") were finally gazetted by the [...]
Basics of Business Rescue
What is business rescue? Business rescue proceedings are proceedings aimed to facilitate the rehabilitation of a company that is financially distressed by providing for – the [...]
Countdown to POPIA Webinar
Countdown to POPIA Webinar The 1st of July 2021 is the day for all public and private bodies to ensure compliance with POPIA. Compliance with [...]
Webinar | Unpacking the YES programme
Webinar | Unpacking the YES programme With unemployment in South Africa at an all-time high, there is increased pressure on Corporate South Africa to contribute [...]
Unpacking the YES programme
Learn how companies can successfully achieve B-BBEE levels whilst making a meaningful impact on youth employment. With unemployment in South Africa at an all-time high, [...]
Electronic signatures: recent developments
by Pierre Burger, Director What is an electronic signature, and when will it be valid in place of a handwritten signature? These questions appeared to have [...]
What is consultation?
Mining companies required to consult with communities Mining is one of the major contributors to the national economy. The issue of mining companies being required to [...]
JSE efforts to reduce red tape in Section 9 of the Johannesburg Stock Exchange Listing Requirements
The Johannesburg Stock Exchange Consultation Paper From the outside, it is worth acknowledging that the JSE Limited (the "JSE") or any other international stock exchange for [...]
The Legal 500 Europe, Middle East & Africa Rankings
The Legal 500 has released its 2021 rankings for the EMEA region. Regarded as one of the world's largest and [...]
2021/2022 Budget Proposals – Tax Overview
2021/2022 Budget Proposals – Tax Overview By: The Werksmans Tax Team INTRODUCTION This was a Budget focused on big spending announcements and was heavily influenced by [...]