Legal updates and opinions
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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 [...]
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 [...]
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, [...]
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 [...]
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 [...]
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 & [...]
