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AI in farming
and Chiara Ferri, Candidate Attorney Adding value one industry at a time, artificial intelligence ("AI") is proving to be a fundamental tool in advancing technologies and [...]
Information Regulator grants its first exemptions under POPIA
The Information Regulator (Regulator) recently granted its first exemptions in terms of section 37(1) of the Protection of Personal Information Act 4 of 2013 (POPIA). The exemptions, [...]
The painted homes of the Ndebele People
To conclude our series on #Heritage Matters, we look at another example of the Traditional Cultural Expressions found in South Africa. The Ndebele people are primarily [...]
Interest factor
and Lwazi-Lwandile Simelane, Candidate Attorney In circumstances where a debt arises and the interest rate is not specified, either by contract of by operation of law, [...]
Company amalgamations and a lender’s security under a mortgage bond
Given the language of Sections 116(7)(a) and 116(8) of the Companies Act any registered mortgage bond in favour of a third-party lender (such as a Bank) [...]
Proceed with caution: Transacting with Trusts and Trustees
Our courts have once again sounded the alarm to all trustees and parties transacting with trusts to have regard to the provisions of the trust deed [...]
Filling the gaps: examining the procedure to amend a Mining Right under the Mineral and Petroleum, Resources Development Act 28 of 2002.
A significant portion of the transactions that land on the desks of commercial mining attorneys in the Republic of South Africa ("South Africa") are related to [...]
Who owns the tailings generated from previous mining activities?
and Mmatshepo Papo, Candidate Attorney In the decision of Mpilo and Zen Holdings (Pty) Ltd v Centurion Mining Company (Pty) Ltd and Another[1] the High Court [...]
Automatic transfers of employment – the strength of Section 197
Through the introduction of section 197 of the Labour Relations Act, 66 of 1995 (LRA) the idea was introduced into South African law for the first time [...]
Foreign employers, foreign employees and remote workers and South African labour laws – do they always apply?
and Kelly Sease, Candidate Attorney The Labour Relations Act ("LRA") amongst other important functions, regulates the rights of employees whose contract of employment has been terminated [...]
Previous renewal does not automatically constitute an expectation of re-renewal
and Tasreeq Ferreira, Candidate Attorney Issue Whether the non-renewal of an employee's fixed term contract ("FTC")constituted an unfair dismissal as contemplated in section 186(1)(b)(i) of the [...]
Taking stock of collective misconduct
and Nombulelo Bashe, Candidate Attorney The retail sector is often burdened with the issue of stock losses or shrinkage. Employers also grapple with identifying the perpetrator(s) [...]
Celebrating Heritage Month: The Xibelani Dance
In our recent article, we discussed the challenges of safeguarding traditional cultural expressions within conventional intellectual property regimes. We now explore one of these incredible expressions [...]
Legal Due Diligences for private equity transactions: a powerful tool if used correctly
and Francisca Heese, Candidate Attorney Local and cross-border private equity investors continue to support the growth and development of companies in South Africa, as well as [...]
The role of the Sheriff in the South African legal system
In the current economic climate, with rising interest rates and soaring inflation, many consumers are struggling to meet their debt obligations. This may lead to creditors [...]
Enforcement notice issued to Dis-Chem due to contravention of POPIA
and Chiara Ferri, Candidate Attorney The importance of compliance has once again been highlighted as the Information Regulator issued an Enforcement Notice to Dis-Chem Pharmacies Ltd [...]
What are you worth? “if you’re not paying for a product, then you are a product.”
In the digital world, this happens to be true. But it is not only companies that have realised the value that lies in personal data and [...]
The privacy of customers seemingly protected by RICA
The Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 ("RICA") was enacted more than twenty (20) years ago. Since [...]
The publication of information by the Auditor General in terms of PAIA
and Chiara Ferri, Candidate Attorney In the High Court judgment of Sakeliga NPC v The Auditor-General South Africa (36297/2022) [2023] ZAGPPHC 501 (30 June 2023) penned [...]
The Financial Services Tribunal’s position on the withholding of a pension benefit pursuant to a criminal complaint
In this article we will discuss the extent to which employers may withhold a pension benefit if such employer has only laid a criminal complaint against [...]
OpenAI vs Open AI
OpenAI Inc ("OpenAI"), the originator of ChatGPT, has launched trade mark infringement and unfair competition proceedings in the USA against Open Artificial Intelligence Inc. and Guy [...]
Heritage Matters: Celebrating Heritage Month 2023
In this Heritage Month, as we celebrate the richness of Traditional Knowledge (TK) and Traditional Cultural Expressions (TCEs), we also recognise the ongoing efforts to [...]
“All change is good”: potential implications of the proposed changes to taxation of income subject to withholding taxes awarded by South African trusts to foreign beneficiaries
and Benedict Ngobeni - Candidate Attorney Reviewed by Ernest Mazansky - Director, Werksmans Tax (Proprietary) Limited Currently, income arising in a South African trust that is [...]
The changing landscape of the Companies Act, 2008: the Second Amendment Bill, 2023
In the wake of the Zondo Commission of Enquiry into State Capture's recommendation that certain provisions in the Companies Act 71 of 2008 ("Companies Act") [...]
A definite end to an infinite loop – the interpretation of section 153(4) of the Companies Act, 71 of 2008
It is evident from recent judgments handed down by the Supreme Court of Appeal (the "SCA") that various provisions of Chapter 6 of the Companies [...]
