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The South African Reserve Bank announces South Africa’s first Deposit Insurance Body
and Siphosethu Zazela, Candidate Attorney The South African Reserve Bank (SARB) announced the establishment of the Corporation for Deposit Insurance (CODI) - the first bank deposit insurance [...]
Food-focused Market Inquiry Lift Off! The Commission officially launches Fresh Produce Market Inquiry
The Competition Commission ("Commission") has today, 23 March 2023, formally launched the Fresh Produce Market Inquiry (“FPMI”), following the publication of the final terms of reference [...]
2023 Electricity Regulation Guide – South Africa
The 2023 edition of the Lexology GTDT Electricity Regulation quick reference guide is out! Director, Jonathan Behr and Kiera Bracher, Candidate Attorney, have contributed this year’s [...]
On to the next! The Competition Commission Sets its Sights on Digital Platforms
The Competition Commission (Commission) plans to conduct an inquiry into the distribution of media content on digital platforms.[1] The inquiry, named the Media and Digital Platforms [...]
The Hate Crimes and Hate Speech Bill is a step closer to becoming law
by Dakalo Singo, Director and Head of Pro Bono Practice On 14 March 2023, the National Assembly passed the Prevention and Combating of Hate Crimes and [...]
Sticking (it) to the rules? Sometimes, unless that would be unfair
by Bradley Workman-Davies, Director and Kelly Sease, Candidate Attorney CCMA Rules South African labour legislation sets up fundamental structures for the resolution of labour related disputes, [...]
Sexual harassment in the workplace – a balanced consideration
By Bradley Workman-Davies, Director and Kelly Sease, Candidate Attorney On 18 March 2022, the Minister of Employment and Labour (“Minister“) published the ‘Code of Good Practice [...]
The myth of consent: Big tech meets (big) data protection
Data Privacy & Cybercrime Consumers rely on digital platforms such as Google, Amazon and Takealot to gain wider and more convenient access to a variety of [...]
Working from home, the double-edged sword for sustainability
The advent of the global COVID-19 pandemic and the lockdowns implemented by various governments across the world to curb the spread of the highly contagious Coronavirus [...]
62 years on – Exchange control regulations alive and well: a look at a recent supreme court of appeal case
by Deon Griessel, Director and Ngwalemorwa Matsapola, Candidate Attorney Much like certain former Soviet Republics, the People's Republic of China, India, certain South American jurisdictions, a [...]
NFTs and Trade Mark Infringement – Hermès International and Hermès of Paris, Inc vs Mason Rothschild
A US Court has found in favour of French Fashion House, Hermès, owner of the renowned Birkin handbag, in it's case filed in 2022 against an [...]
Does an employer’s decision to exclude employees from a commission scheme constitute an unfair labour practice
by Bradley Workman-Davies, Director and Kelly Sease, Candidate Attorney In a recent case the Commission for Conciliation, Mediation and Arbitration ("CCMA") had to examine whether an [...]
Stay out of my internal disciplinary matters? Not so fast
by Bradley Workman-Davies, Director and Anna Tchalov, Candidate Attorney In terms of the Labour Relations Act, 66 or 1995 (LRA) an employee who has been dismissed [...]
Fairly unlawful or lawfully unfair? Employees and their rights on termination under the LRA and contract
The South African Labour Relations act, 66 of 1995 (LRA) has been in operation and has since the date of its promulgation in 1995 been affording [...]
The transferability and enforceability of restraint of trade agreements
Issue Where a business is sold as a going concern do the restraint of trade undertakings contained in employees' contracts of employment transfer with their contracts [...]
Employees beware: the enforceability of zero-tolerance policies in the workplace
Issues Whether an employee may be dismissed, in the workplace, for testing positive for dagga and the importance of 'zero-tolerance' policies in this regard. Court's Decision [...]
Fresh Produce Market Inquiry: What is it all about? Apples, pears, grapes, avocados, tomatoes, onions and more
The Competition Commission (Commission) is set to conduct a market inquiry into the fresh produce market of South Africa (Fresh Produce Market). We previously discussed this [...]
Two pots of gold: What you should know about the “two-pot” retirement system
The proposed "two-pot" retirement system would allow people to have the best of both worlds - early access to a portion of their retirement funds, should [...]
ChatGPT: Yet Another Hurdle for Data Privacy?
Data Privacy & Cybercrime ChatGPT is an OpenAI[1] developed artificial intelligence (AI) chatbot which has been programmed to have advanced conversational capabilities. This means that the chatbot [...]
When your data depository and platform are the biggest, competition law becomes important or a problematic weapon!
"...In so doing, Google has engaged in exclusionary conduct that has severely weakened, if not destroyed, competition in the ad tech industry…"[1] Imagine, you are planning [...]
The Twitter data hack
Data Privacy & Cybercrime by Ahmore Burger-Smidt, Head of Regulatory Practice and Chiara Ferri, Candidate Attorney In the first week of January 2023 hackers scraped the [...]
Re-inventing the wheel or balancing the scales?
Digitalisation, globalisation and the COVID-19 pandemic have made certain online platforms (along with their products and services) integral to the lives of billions of global citizens [...]
The FAFT, trusts and transparency in South Africa
Over the past 10 years, there has been large-scale domestic and international financial fraud in South Africa. Sometimes, trusts and foundations are involved, including both South [...]
Budget Speech 2023/2024: Tax Overview
Budget Speech: Tax Overview By: The Werksmans Tax & Exchange Control Team Download PDF INTRODUCTION Minister of Finance Enoch Godongwana delivered the second Budget speech of [...]
Increase to BCEA earnings threshold
On 20 February 2023 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, published a Government Gazette providing for the increase of the earnings threshold, as [...]
