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Creditors now empowered to make application to declare directors delinquent
and Khanyisa Tshoba - Candidate Attorney A critical look at Vantage Mezzanine Fund II Partnership and Another v Hopeson and Others (2022/045978) [2023] ZAGPJHC 1406 (24 [...]
AI Laws – The Year in Review
DOWNLOAD AI LAWS - THE YEAR IN REVIEW PDF HERE Almost synonymous with 2023 is the term Artificial Intelligence (AI) and on a global basis, this [...]
Amendments to the Ethical Rules – a step in which direction?
On 17 November 2023, the Registrar of the Health Professions Council of South Africa ("HPCSA") published certain amendments to the Ethical Rules for the Conduct of [...]
The coming of crypto arbitration
Cryptocurrency and cryptoasset-related (crypto) disputes are on the rise globally.[1] Arbitration is becoming the dispute-resolution mechanism of choice in the crypto sector,[2] due to several features [...]
You cannot have your cake and eat it: Lessons from J 1233/20 – Busisiwe Khumalo vs IDC of SA & Bongani Luthuli
The facts of this case are simple and straightforward. Ms Khumalo was employed by the IDC. Allegations of misconduct were brought by the IDC against her [...]
The importance of placing of a complete record of the arbitration proceedings – the transcript of the arbitration proceedings
On 10 October 2023, we published our article titled "the importance of a complete record of arbitration proceedings" in a review application wherein the Labour Court [...]
Restoring a financial distressed company to solvency – is it achievable in corporate South Africa?
With continued unpredictable loadshedding schedules, a logistics crisis at our ports costing the South African economy R100 million per day, and with rampant consumer inflation (reported [...]
Five tips to optimise your first consultation with an attorney
by Ngwalemorwa Matsapola, Candidate Attorney. Reviewed by Naledi Motsiri, Director. Consulting with an attorney for the first time can be a nerve-racking experience for most individuals [...]
The future paradigm for insolvency
Unpacking the impact of distressed corporates, economic uncertainty and director apathy on insolvency practitioners in South Africa. Dr Eric Levenstein is Head of the Insolvency and [...]
Crypto providers running out of time…
and Hlonelwa Lutuli, Candidate Attorney On 19 October 2022, the Financial Services Conduct Authority ("FSCA") published the Declaration of a Crypto Asset as a Financial Product [...]
An Overview of the Domestic Violence Act
Recognising that domestic violence in South Africa is a serious social evil, and that victims of domestic violence are amongst the most vulnerable in society, [...]
Amazon Brand Registry Registration
With Amazon hitting South African shores in 2024, South African vendors can register their products ahead of time. Vendors can also register their brands with Amazon [...]
Tax Amendments 2023
DOWNLOAD PDF On 1 November 2023, when the Minister of Finance presented his Medium Term Budget Policy Statement to Parliament, he also tabled various fiscal Bills. [...]
National Health Insurance: a future for medical schemes? Possibly.
Millions of South Africans derive a certain peace of mind that their healthcare needs will be covered by the provision of medical scheme insurance. Medical schemes, [...]
From Locked-In to Knocked Out: Vodacom’s million-rand fine by consumer watchdog and what it means for individuals and businesses
and Danelle Plaatjies, Candidate Attorney The National Consumer Tribunal recently issued Vodacom with a R1 million fine for contraventions of the Consumer Protection Act (the "CPA"). [...]
South Africa: Recognition and Protection of Karoo Lamb as a Geographical Indication
South African Geographical Indication's ("GI") include Rooibos (Western Cape), Honeybush (Eastern Cape and Western Cape), and several wine GIs including Stellenbosch, Constantia and Paarl, which are [...]
National Treasury sees the light regarding foreign employers
The latest feedback received from National Treasury regarding the proposal to require foreign employers to register for employees' tax (Pay-As-You-Earn) has been significantly watered down but [...]
Delegation of authority in the context of corporate governance
Delegation of authority is an important element of effective corporate governance for companies. It involves the process of the board of the company conferring certain powers [...]
Liability for defamation by AI
Generative AI has exploded into the public consciousness and into widespread use with the emergence of language processing tools (or large language models (LLMs)) such as [...]
Is an agreement referring to unannexed annexures void for vagueness?
The courts have held that at times when agreements are being interpreted, the proper meaning of words may initially appear to be ambiguous, ill-defined or otherwise [...]
Private equity exits: Will the new Competition Commission merger guidelines stifle or encourage investment appetite?
Reviewed by Dominique Arteiro, from a Competition Law perspective, Director. In any private equity investment life cycle, the exit environment is a fundamental factor. For a [...]
Sub- contract agreements vs the letting of mining rights
It is the ordinary course of business for South African mining right holders ("MRH") to contract with third party service providers to carry out some, or [...]
Parenting is a job for two: The High Court declares the provisions relating to parental leave unconstitutional
and Anna Tchalov, Candidate Attorney In the matter of Van Wyk and Others v The Minister of Employment and Labour and Others handed down on 25 October 2023 [...]
Religious freedom and operational requirements: which one should prevail?
and Nombulelo Bashe, Candidate Attorney Culture is the sum total of the beliefs and traditions of a particular society and religion is a manifestation of culture, [...]
Consequences of employees misrepresenting their qualifications and professional memberships
and Tasreeq Ferreira and Nombulelo Bashe, Candidate Attorneys Issue Whether an employee may be dismissed if he/she misrepresented his/her qualifications and/or professional memberships, but nevertheless met [...]
