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The Green Revolution – Africa’s time is now
Green Revolution With over 6000 thousand delegates having descended at the CTICC in Cape Town for the annual Investing in Africa Mining Indaba 2023, which delegates [...]
Mining for industries of the future
In his opening address at the Investing in African Mining Indaba 2023, the Minister of Mineral Resources and Energy, Mr Gwede Mantashe, said that South Africa [...]
The Competition Commission turnips the heat on fresh produce – 10 things you should know
by Dominique Arteiro, Director Fresh Produce Market Inquiry On 14 February 2023, the Competition Commission of South Africa (“Commission”) published in the Government Gazette the final Terms of [...]
Legal position regarding the sedation and transport of wild animals
by Neil Kirby, Head of Healthcare and Life Sciences, Helen Michael, Director and Slade van Rooyen, Candidate Attorney The escape, and alleged sedation and capture by [...]
Severance pay is not always due when dismissed for operational requirements
by Jacques van Wyk, Director, Michiel Heyns, Senior Associate and Danelle Plaatjies, Candidate Attorney Introduction Section 41(4) of the Basic Conditions of Employment Act 75 of 1997 [...]
An employer’s obligation to comply with their own policies
by Jacques van Wyk, Director, Michiel Heyns, Senior Associate and, Kelly Sease, Candidate Attorney Issue Whether an employer is obliged to comply with its own policies and [...]
Cybercrimes and Business Interruption
by Darren Willans, Director, Sarah Passmoor, Director and Chiara Ferri, Candidate Attorney Cybercrimes and Business Interruption Cybercrimes and Business Interruption are becoming increasingly prevalent in the [...]
Important legal changes that trustees must know
Important Legal Changes It has been widely publicised that, in an attempt to head off grey-listing, there have been legal changes, two Acts were passed by [...]
An exercise in restraint of trade agreements, what not to do!
by Bradley Workman‑Davies, Director, Kerry Fredericks, Director and Benedict Ngobeni, Candidate Attorney Restraint of trade agreements are characterised by the competing interests amongst them being the [...]
ChatGPT: magic bullet or the beginning of the end?
Only two months ago, OpenAI Incorporated (OpenAI), an American artificial intelligence research laboratory, launched the Chat Generative Pre-trained Transformer, more commonly known as "ChatGPT". ChatGPT has [...]
Technology, Media and Telecommunications Africa Quarterly e-Bulletin
This Africa Quarterly e-bulletin highlights key legislative and regulatory developments in the technology, media and telecommunications sectors in sub-saharan Africa. This issue covers the period 16 [...]
Vicarious liability for unfair discrimination – act now or regret later?
by Sandile July, Head of Employment and Kwanele Diniso, Candidate Attorney It is trite that employers are required to act swiftly to deal with grievances of [...]
Blackouts, further tariff hikes point to ‘inevitable’ financial distress for SA businesses this year
Rolling blackouts and the recently imposed 18.65% Eskom tariff hikes from April this year are likely to place additional stress on the South African consumer and [...]
Crypto asset regulation gaining traction in South Africa
The Finance Minister, Enoch Godongwana published Government Notice 2800 of 29 November 2022 in Government Gazette 47596 ("Notice") to amend Schedules 1, 2 and 3 of the [...]
When is CTC not available as CTC?: Part 2
In the September 2022 edition of Legal Weks we published an article titled "When is CTC not available as CTC" relating to the proposed amendment of [...]
The test for merger specificity restated and endorsed
As part of the merger notification process, merging parties must disclose whether the merger will or even has caused job losses - the protection of jobs [...]
Half-baked challenge by employees dismissed for testing positive for cannabis at work
In a 2018 judgement by the Constitutional Court, the highest Court in the land effectively decriminalised the private use, cultivation and possession of marijuana by declaring [...]
Triumph for liquidators: Courts setting aside and declaring specious transactions void
by Tandiwe Matshebela, Director, Tebello Mosoeu, Associate, and Zoë Austen, Candidate Attorney Added to the liquidators' responsibility and duty to investigate the financial affairs of the [...]
Considering the competition law implication of crypto currency and regulation one ought to say – Competition Commission start running!
The cryptocurrency sector is innovative and fast-moving. Cryptocurrency and crypt exchanges are attracting a lot of focus also as Crypto exchanges have achieved enormous success. But [...]
Too good to be true? What about your privacy?
It is common cause that the tech-bug has bitten us all (almost), and the evolution of the mobile application ("mobile app/app") industry is but a symptom [...]
Should there be limits on the extent to which personal information of a company’s shareholders are available to the public?
Section 26(2) of the Companies Act 71 of 2008 ("Companies Act") provides that any person has the right to access a company's records, including, amongst others, [...]
Reviewing and updating your privacy notices
Transparency is one of the key principles for the lawful processing of personal information worldwide. If you collect and use people's personal information, you have most [...]
Whistleblowing in South Africa – employers’ obligations
Whistleblowing is an important tool in identifying, preventing and eradicating criminal conduct, irregular activities, and other improprieties in both the public and private sectors. In the [...]
Payment of Prescribed Minimum Benefits
In the case of Keyhealth Medical Scheme v the Honourable Mr Justice SM Ngoepe N.O, the Registrar of Medical Schemes and William Reed, Case Number: A203/2021, [...]
A double-edged sword: revenge porn and the Cybercrimes Act
Recently, South Africa has been experiencing a barrage of cyber-attacks and/or cyber-related/enabled crimes, with many individuals and organisations being caught flat-footed. [1] In 2021, South Africa [...]
