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Code of conduct of the Banking Association of South Africa: What we know
Codes of conduct focused on the processing of personal information by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of the [...]
CCMA pronounces on mandatory vaccination policy
Mandatory vaccination policy On Friday 21 January 2022, the Commission for Conciliation, Mediation and Arbitration (CCMA) delivered a much anticipated first pronouncement on the fairness of a dismissal [...]
Effects of Business Rescue
What effect does business rescue have? 1. What happens to the directors during business rescue? The directors of the company remain the directors. However, their powers [...]
Data protection and privacy regulation: A roundup of developments in Africa in 2021
Data protection, cybercrimes and/or cybersecurity laws The increase in internet penetration in Africa has made it easier to collect, use and share large quantities of personal [...]
Who was worse: The Attorney or the Legal Practice Council?
Roll of attorneys In a matter recently heard before the Western Cape High Court, erstwhile attorney Gerrit Smit Van Wyk (57) was struck off the roll [...]
Shareholders stuck between a rock and a hard place
Companies Act 71 of 2008 Brief overview of Section 163 Introduction There are instances where the Companies Act 71 of 2008 ("the Act") and/or the Memorandum [...]
Who appoints the substitute BRP? A look into the meaning of Section 139(3) of the Companies Act
Section 139(3) of the Companies Act Who has the power to appoint a business rescue practitioner's replacement, in circumstances where a practitioner dies, resigns, or is [...]
The metaverse and data privacy: Will regulation keep up?
What is the metaverse? On 28 October 2021, Facebook Inc.'s chief executive officer Mark Zuckerberg announced the rebranding of his company to Meta. More importantly though, [...]
The PAIA and POPIA dichotomy: What information are you requesting?
Promotion of Access to Information Act, 2 of 2000 We have received numerous queries from clients seeking advice on attending to requests in terms of the [...]
Security for costs – A White Elephant? A Chimera? Pie in the sky? …On any basis a Herculean task
Security for costs In the recent case of McHugh N.O. & Others v Wright [5641/2021) [2021] ZAWCHC 205 (19 October 2021) ("the McHugh matter"), the question [...]
Merger approval without a specific acquiring or target firm
Merger approval The Competition Act 89 of 1998 ("Competition Act") and Commission Rules[1] contain review provisions that establish a mandatory filing regime for transactions that meet [...]
Data protection impact assessment required despite “Might of the State”
Kenyan High Court Introduction On 14 October 2021, the Kenyan High Court declared the collection of biometric information and the rollout of the country's digital ID [...]
Your Actions in Cyberspace can Land You in Prison!
Cybercrimes Act, 19 of 2020 By proclamation in the Gazette, President Cyril Ramaphosa has fixed 1 December 2021 as the date on which certain sections of the [...]
Relief from oppressive or prejudicial conduct in terms of the Companies Act 71 of 2008
Section 163 of the Companies Act 71 of 2008 In any corporate environment, the authority of the board of directors, combined with the rule of the [...]
Domestic Violence: New definitions you should know
by Dakalo Singo, Director and Head of Pro Bono Practice Domestic Violence Amendment Bill Introduction The annual "16 Days of Activism for No Violence against Women [...]
Werksmans Tax Brief
Tax Amendments 2021 Introduction On 11 November 2021, when the Minister of Finance presented his Medium Term Budget Policy Statement to Parliament, he also tabled the [...]
Severance pay entitlement of an employee who continues to work after he reaches the contractual retirement age
Severance pay entitlement - Issue Whether an employee, who continued employment with the same employer after he reached the contractual 'retirement age', was entitled to severance [...]
The importance of employees adhering to Covid-19 protocols in the workplace
Covid-19 protocols in the workplace - Issue Whether the dismissal of an employee who attended work whilst awaiting a Covid-19 test result, who continued to report [...]
Entitlement to embark on strike action when there is an unreasonable delay
Entitlement to embark on strike action - Issue Whether intended strike action can be embarked upon where there has been a 10-month delay between the issuing [...]
Recent pro bono highlights
Werksmans pro bono highlights - National Wills Week During the week of 13 to 17 September 2021, Werksmans participated in National Wills Week. This is an [...]
Focus on ESG – Business opportunity or cost?
Environmental, social and governance (ESG) 1. As we eagerly anticipate the exit of the Coronavirus pandemic, there is recognition and acceptance that there is a strong [...]
The SCA rules on the deductibility of contributions to employee share incentive schemes and prescription
SCA rules on the deductibility of contributions Many employers implement employee share incentive schemes with the intention of incentivising and retaining employees. While this is a [...]
New procedures when natural persons cease their SA tax residency
Cease SA tax residency The South African Revenue Service ("SARS") recently issued guidance on its website on what the cessation of an individual's South African tax [...]
A bank’s duties to non-customers – clarified or extended?
A bank's duties to non-customers When money is deposited into a bank account, it becomes the property of the bank. This enables the bank to pool [...]
Resigning rather than being vaccinated
Resignation vs vaccinated As an employee, what are your rights when an employer places pressure on you to be vaccinated? Should an employee have any objections [...]
