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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 [...]
The Eastern Cape High Court Judgment that created seismic waves
by Kyra South, Senior Associate and Thembelihle Tshabalala, Candidate Attorney. Reviewed by Chris Stevens, Director and Head of Mining and Resources practice. The much-anticipated judgment of [...]
Small mergers in digital markets are on the Competition Commission’s radar
by Dominique Arteiro, Director, and Sandiso Dhlomo, Candidate Attorney Guidelines on small merger notification The Competition Commission of South Africa (Commission) recently published its final guidelines [...]
Invitation for written representations regarding the national minimum wage
by Jacques van Wyk, Director, Andre van Heerden, Senior Associate, and Danelle Plaatjies, Candidate Attorney On 9 September 2022, the Chairperson of the National Minimum Wage Commission (Commission) [...]
Article of interest – a curious lacuna in our law on prescribed rates of interest
Until the introduction of the Judicial Matters Amendment Act 2015 ("the Amendment") which took effect on 8 January 2016, the prescribed rate of interest was gazetted [...]
Protest Code: Protest Action to Promote or Defend Socio-Economic Interests of Workers
On 2 September 2022, the Executive Director of the National Economic Development and Labour Council ("NEDLAC") issued the 'Code of Good Practice: Protest Action to Promote [...]
Resignation terminates contract of employment and cannot be withdrawn, unless employer consents thereto
by Jacques van Wyk, Director, Michiel Heyns, Senior Associate, and Kelly Sease, Candidate Attorney Withdrawal of an employee's resignation Whether the employer consented to the withdrawal [...]
Offers of employment – don’t take risks
by Jacques van Wyk, Director, Michiel Heyns, Senior Associate, and Danelle Plaatjies, Candidate Attorney Summary What constitutes an offer and acceptance for the conclusion of a [...]
Keep Calm – We are Coming to the Rescue !!
Business rescue was introduced into our law with the enactment of Chapter 6 of the Companies Act 71 of 2008 ("Companies Act"). In essence, business rescue [...]
Changes to facilitate joint audits by SARS in the pipeline
by Nicholas Fairbairn, Associate and, Kelly Sease, Candidate Attorney (Reviewed by Doelie Lessing) Cross-border transactions As a result of globalisation and the digitalisation of the economy, [...]
To 2030 and beyond: Can embracing AI technologies help South Africa reach the National Development Plan’s visions for the ICT sector?
Once upon a time, the National Planning Commission published the National Development Plan and set the following long term goals for the ICT sector: "By 2030, [...]
And we dare to ask again – whose right is it to enforce a director’s fiduciary duties?
by Tandiwe Matshebela, Director and, Koketso Rapoo, Candidate Attorney The Companies Act It goes without saying that a director is the mind and sounding board of [...]
When is CTC not available as CTC?
What is contributed tax capital? CTC - or to give it its full name, contributed tax capital - is an artificial or notional designation created for [...]
Product recalls in South Africa
by Helen Michael, Director and, Raisah Mahomed, Candidate Attorney Product recalls in South Africa and globally have attracted much attention recently. In 2021, Phillips issued a [...]
Section 12A(3)(e) – Is it really all about promoting HDP or worker ownership?
by Graeme Wickins, Director Section 12A(3)(e) of the Competition Act Much has been written about the hyper-focus the Competition Commission (Commission) is currently applying to the [...]
Bid rigging vs price fixing: Clarification on when you will be deemed to have exited a cartel
Understanding what is exactly required to demonstrate that a company has distanced itself from a cartel is undoubtedly of great importance. The Competition Appeal Court (CAC) [...]
When must your medical scheme pay for treatment?
by Helen Michael, Director and, Raisah Mahomed, Candidate Attorney On 26 August 2022, the High Court in Pretoria handed down judgment in an application concerning a [...]
Not every crime is a cybercrime – The dichotomy of cyber-enabled crimes and cybercrimes
The global adoption of digital technology is rapidly increasing, which increase has caused an evolution in criminal behaviour resulting in the increased occurrence of cyberattacks on [...]
Breaking set stone – exceptional circumstances and the variation of Competition orders
by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of the Competition Law Practice, and Siyabonga Galela, Candidate Attorney The Competition [...]
The Constitutional Court has tightened the noose on the doctrine of common purpose.
by Sandile July, Director, Sandile Tom, Director and, Benedict Ngobeni, Candidate Attorney Doctrine of common purpose The principles underpinning the doctrine of common purpose came into [...]
