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Riding Off Into The Sunset – Labour Appeal Court Settles Questions On Retirement Age
by Kerry Fredericks, Director There is no specified retirement age for employees in terms of South African law. Employers are, however, entitled to rely on a [...]
Tsunami of a Penalty as “Lucky Monopolist” gets Unlucky
by Rudolph Raath, Director and Nokwanda Zondi, Candidate Attorney In a rare display of its utmost displeasure, the Competition Tribunal ("Tribunal") this year imposed the maximum [...]
Competition Law Treatment of Joint Ventures in the COMESA region
The Mergers Working Group (MWG) of the Antitrust Committee of the International Bar Association (IBA) has formulated the first multi-jurisdictional survey dedicated exclusively to the competition [...]
The Status of Business Rescue in South Africa – October 2022
by Dr. Eric Levenstein, Director, and Head of Insolvency and Business Rescue and Brandon Starr, Candidate Attorney 2022 stated off with positive sentiment all round. Covid [...]
Dismissal as an appropriate sanction for workplace bullying
by Jacques van Wyk, Director, Michiel Heyns, Senior Associate and Kelly Sease, Candidate Attorney Workplace bullying The dismissal of an employee for bullying his subordinates in [...]
The importance of witness testimony when seeking to rely on electronic evidence
by Jacques van Wyk, Director, Andre van Heerden, Senior Associate and Danelle Plaatjies, Candidate Attorney Issue Whether the reliance on a data message, in the form of [...]
Laws in the Pipeline – Curbing the Construction Mafia
Introduction The Critical Infrastructure Protection Act, 8 of 2019 ("CIPA") and the National Infrastructure Plan ("NIP"), to be gazetted under the National Infrastructure Development Act, 23 [...]
When can a trade union operate outside the ambit of its constitution?
This question was answered by the Labour Appeal Court recently in National Union of Metalworkers of SA & others v Afgri Animal Feeds (Pty) Ltd (2022) [...]
Combatting climate change, one block at a time…
Blockchain, the decentralised database that stores information electronically on a computer network, is synonymous with using large quantities of electricity to effect transactions on the database. [...]
Characterisation: Much ado about nothing
"Characterisation is the biggest problem of our time" according to the Competition Commission's (Commission) Cartels Division Manager's statement at the 16th Annual Competition Law, Economic & [...]
SARS v Wiese provides clarity on the collection of tax debt from third parties
By Kyle Fyfe, Director Tax Administration Act In a recent judgment of the High Court in a claim for declaratory relief against Dr Christo Wiese, to [...]
Code of conduct of the Banking Association of South Africa: Finally approved
We have, on multiple occasions, published articles on the Banking Association of South Africa's (BASA) code of conduct. On 11 June 2021, the Information Regulator published [...]
The right of access to information vs. The right to privacy
The right of access to information is a unique right in the Constitution of the Republic of South Africa, 1996 as it places an obligation on [...]
Dealing with unions in the workplace – a multi-layered relationship
Unions worldwide play an essential role in protecting the rights and interests of employees, particularly at lower income levels where individuals may not have recourse to [...]
Telecommunications Media and Technology Africa Quarterly e Bulletin
This 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 July 2022 [...]
The FSCA declares crypto assets as financial products
by Kyra South, Senior associate, and Janice Geel, Candidate Attorney Reviewed by Natalie Scott, Director in Banking and Finance and Head of Sustainability Declared Crypto Assets [...]
Information Exchange and Collusion: Revised (and Trimmed) Draft Guidelines
by Rudolph Raath, Director and Mmamoloko Buthane, Candidate Attorney On 23 September 2022 the Competition Commission of South Africa (Commission) published its revised draft "Guidelines on [...]
A reminder to employers: Duties in relation to recovering funds misappropriated by employees
by Jacques Van Wyk, Director, Nasheetah Smith, Senior Associate, and Danelle Plaatjies, Candidate Attorney When employees are found guilty of misappropriating funds in the workplace, employers [...]
Reinstatement as a primary remedy
By Jacques Van Wyk, Director, Michiel Heyns, Senior Associate and, Kelly Sease, Candidate Attorney Summary This case reiterated the principle that reinstatement is the primary remedy [...]
Shell judgment underscores need for clarity in public consultation
by Thomas Karberg, Associate. Reviewed by Athi Jara, Director On 1 September 2022, the Eastern Cape Judge President Selby Mbenenge handed down a landmark judgement which [...]
The meaning of ‘company’ and its implications for section 75 of the Companies Act
by Cari Cole-Morgan, Director, Julian van Niekerk, Director and Kiera Bracher, Candidate Attorney The meaning of 'company' It now appears to be settled law that, for [...]
Loadshedding – what should employers know?
by Jacques Van Wyk, Director, Michiel Heyns, Senior Associate and Danelle Plaatjies, Candidate Attorney The recent announcement of the resumption of load shedding throughout the country [...]
Private Public Partnerships and the inescapable ties of Section 217
by Sarah Moerane, Director and, Koketso Rapoo, Candidate Attorney "contracts for goods and services" - A phrase that, on the face of it, seems simple enough [...]
The applicability of Rule 46A to juristic persons and trusts: Have we been getting it wrong all along? Yes- says the SCA
by Tandiwe Matshebela, Director, Neo Kgame, Senior Associate and, Zoe Austen, Candidate Attorney Since Rule 46A of the Uniform Rules came into operation on 22 December [...]
When the walls fall in
Ring-a-round the rosie, A pocket full of posies, Ashes! Ashes! We all fall down The Information Regulator has officially made her presence known. The Enforcement Committee [...]
