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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 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 [...]
Chambers Global 2023
Chambers Global released its 2023 rankings. Published annually since 1999, Chambers covers legal markets of 200 jurisdictions by researching firms and conducting interviews with clients and legal [...]
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 [...]
The ‘AI Chatbot Race’
By Kyra South, Senior Associate and Janice Geel, Candidate Attorney, reviewed by Natalie Scott, Director, Head of Sustainability Practice 2023 will be remembered as the year [...]
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 [...]
