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The FSCA publishes exemptions for Crypto Assets Financial Service Providers
Siphosethu Zazela, Candidate Attorney On 11 May 2023, the Financial Sector Conduct Authority ("FSCA") published notice 25 of 2023 ("Notice"), (i) exempting crypto asset financial [...]
Pro Bono Articles
Five tips to optimise your first consultation with an attorney Coercive and Controlling Behaviour in the Domestic Violence Act An Overview of the Domestic Violence [...]
FAQ – Opportunities for investors arising from the South African business rescue process
DOWNLOAD THE FAQ GUIDE HERE The South African business rescue process has created the opportunity for investors (local and foreign) to position themselves in order [...]
Raging against the machine
and Thembelihle Tshabalala, Candidate Attorney, The meteoric rise of artificial intelligence (AI) is generating infinite possibilities and particularly so when linked to or combined with [...]
Additional obligations on accountable institutions
Following on the recent amendments to the Financial Intelligence Centre Act, 38 of 2001 ("FICA") and most notably, the extension to the scope of accountable [...]
Renewable energy tax incentives
and Luke Magerman, Candidate Attorney The draft legislation to give effect to the two renewable energy tax incentives announced in the 2023 Budget Speech was published [...]
Breaking the Chains: the Case of Ndwandwe v Trustees of Transnet Retirement Fund and others – A not-so-friendly reminder that a pension fund is not bound by a nomination form
and Karabo Kekana, Candidate Attorney The recent decision of Ndwandwe v Trustees of Transnet Retirement Fund and others[1] (the Ndwandwe decision) concerned the review of a [...]
E-waste versus Sustainability: A battle between people, big tech and responsible recycling
A study conducted by the United Nations University in 2019 estimated that approximately 53.6 million metric tonnes of electrical and electronic waste products ("E-waste") were generated [...]
The danger of cutting and pasting provisions in your settlement agreements!
On 21 February 2021, the Labour Appeal Court in Wheelwright v CP de Leeuw Johannesburg (Pty) Ltd (2023) 44 ILJ 767 (LAC) found against an [...]
Enhancing Innovation, Technologically
Continuing Werksmans' multi-disciplinary approach in providing our clients with innovative approaches that go beyond the law into wider, business critical arenas, we proudly welcome four [...]
The proper interpretation of conflicting provisions in the Income Tax Act
and Luke Magerman, Candidate Attorney A recent tax court judgment added valuable jurisprudence to the often-litigated issue of the interpretation of two conflicting legislative provisions. In [...]
What is the relevance of s 52 of the MPRDA on retrenchments in terms of section 189 and 189A in the mining industry?
In National Union of Mineworkers v Anglo American Platinum Ltd & others (Amplats), on 15 January 2013, Amplats had issued a notice of intention to [...]
Mining terminology: the difference between “accepted”, “granted” “executed” and “registered”
Four of the most common words that one hears in conjunction with mining rights, prospecting rights are "accepted", "granted", "executed" and "registered". Despite regular use [...]
Worried about the new EE Amendments? Progressive implementation of numerical targets is possible!
On 12 April 2023 the President signed the Employment Equity (EE) Amendment Bill, 2020 into law. The Act is not operative as the President is [...]
An employer’s right to use replacement labour where a lockout has been instituted
and Nyeleti Baloyi, Candidate Attorney On 18 April 2023, the Constitutional Court delivered a judgment on the interpretation of section 76(1)(b) of the Labour Relations Act 66 of [...]
The emergence of ZARONIA
In keeping with global financial market practice of moving toward risk free rates as an alternative to interbank offer rates, the South African Reserve Bank [...]
A new chapter in the fight against gender-based violence?
Domestic Violence Amendment Act 14 of 2021 is Now Operational Following a relatively expedited legislative process, the Domestic Violence Amendment Act 14 of 2021 (DVAA) came [...]
What does a medical certificate prove?
In the case of NEHAWU obo Matras v Commission for Conciliation, Mediation and Arbitration and Others[1] Mr Matras ("the employee"), was employed by Mediclinic from [...]
What does it mean to give a “months’ notice?
and Kelly Sease, Candidate Attorney Generally, a contract of employment states that an employee must give a month's notice or calendar month's notice when he/she wishes [...]
Who has territorial jurisdiction over labour disputes where there is a foreign element?
and Kelly Sease, Candidate Attorney Technology has contributed to a significant increase in global mobility, which has enabled the ability of organisations to transfer employees from [...]
Energy Performance Certificate for commercial buildings
On 13 January 2020, the Minister of Mineral Resources and Energy published a draft Regulation for the Mandatory Display and Submission of Energy Performance Certificates [...]
The implication of the amendments to the Financial Intelligence Centre Act, 38 of 2001
With effect from 19 December 2022, the list of "accountable institutions", as contained in Schedule 1 to the Financial Intelligence Centre Act, 38 of 2001 [...]
Trust transparency as a means to combat money laundering: what should trustees know
by Benedict Ngobeni, Candidate Attorney Concerns around money laundering and other illicit financial activities have been gaining traction over recent years, with authorities seemingly chasing [...]
Play it again (and again): A new regime for complementary medicines
The Minister of Health has published certain amendments to the General Regulations ("the Regulations") made in terms of the Medicines & Related Substances Act No. [...]
Information Regulator bites! Enforcement Notice issued against the SAPS
It was with great shock that the South African society learned about the rape of several women near Krugersdorp in July 2022. But what was [...]
