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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 [...]
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 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 [...]
