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A brief overview of Small Claims Court procedures
The Small Claims Court ("SCC") The Small Claims Court ("SCC") was established by the Small Claims Court Act 61 of 1984 ("Act") as a means of [...]
The importance of careful drafting of Trust Deeds
Careful and precise drafting of Trust Deeds Many South Africans form trusts for asset protection and estate planning purposes. In the 2018 case of Du Plessis [...]
Claims for non-payment in terms of Section 73A of The Basic Conditions of Employment Act
Section 73A of The Basic Conditions of Employment Act (BCEA) In 2019, the Basic Conditions of Employment Act 75 of 1997 ("BCEA") was amended in several [...]
LIBOR: The end of an era….a time for change
London Interbank Offered Rate ("LIBOR") Over the last couple of years, there has been talk in the banking and finance sector of the announcement by the UK's Financial Conduct Authority ("FCA"), that the London Interbank Offered Rate [...]
“This is hate speech” – The Constitutional Court has spoken
This is hate speech The Constitutional Court has handed down judgment in the case of Qwelane v South African Human Rights Commission and Another [2021] ZACC [...]
Countdown to POPIA Webinar
Countdown to POPIA Webinar The 1st of July 2021 is the day for all public and private bodies to ensure compliance with POPIA. Compliance with [...]
Extension of COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”)
On 11 July 2021 President Cyril Ramaphosa announced that the Covid-19 Temporary Employer / Employee Relief Scheme ("TERS") would be extended to certain industries and business [...]
Incitement of public violence (on social media) and the repercussions for individuals and contracts
Incitement of public violence With the recent public unrest and public violence outbreaks in the country the President of the Republic of South Africa with the [...]
Mr. President, you don’t need an iPad, please use a pen!
by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of Competition Law Practice; and Nyiko Mathebula, Candidate Attorney 1. On [...]
The legal dangers of a side hustle
Everybody seems to have a side hustle From cupcake bakers to Instagram influencers and tech start-ups, everybody seems to have a side hustle these days and [...]
The G7 Finance Ministers’ Global Tax Agreement (or are tax havens dead?)
by Ernest Mazansky, Head of Tax Practice, Werksmans Attorneys As has been fairly widely reported with a great deal of fanfare on the international television news [...]
Facebook, will you ever give up?
Facebook Data 1. It is often said that data is replacing oil as the world's most valuable resource and is the commodity of trade in the [...]
The prohibition of the Burger King merger and the increasing importance of Broad-Based Black Economic Empowerment factors for South African competition law
The prohibition of the Burger King merger 1. The recent decision by the Competition Commission to prohibit the sale by Grand Parade Investments ("GPI") of Burger [...]
Proposed Amendments to the Domestic Violence Act – latest developments
Domestic Violence Act As part of government's efforts to address the scourge of domestic violence in South Africa, a process to expedite the amendment of various [...]
Beware! Draft National Policy on Data and Cloud published
by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of Competition Law Practice; and Dale Adams, Associate "Data generated in [...]
POPIA: misconceptions, Whatsapp groups and other deceptions!
by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of Competition Law Practice; and Nyiko Mathebula, Candidate Attorney I hereby [...]
The Information Regulator – Both a POPIA And PAIA Regulator, Extension granted for PAIA manuals to be available
by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of Competition Law Practice; and Dale Adams, Associate The Information Regulator is [...]
Don’t let rumours deceive you, POPIA is still coming into effect on 1 July 2021 – No extension or grace!
POPIA is still coming into effect on 1 July 2021 "We have already said that on the 1st of July all responsible parties must ensure that [...]
AFRICRYPT – yet another South African crypto asset scam
Crypto asset scam Many South Africans will recall the infamous MTI[1] crypto asset scam that caught the attention of both local and international authorities at [...]
Vaccination Policies for the Workplace
Vaccination Policies The Department of Employment and Labour recently released an Amended Consolidated Direction on Occupational Health and Safety measures in certain workplaces ("Directions") published in [...]
Amended Consolidated Direction on Occupational Health and Safety Measures
Occupational Health and Safety Measures On 11 June 2021 the Minister of Employment and Labour published an Amended Consolidated Direction on Occupational Health and Safety Measures [...]
POPIA and social media posts
Processing of personal information on social media platforms A great deal of attention has been given to juristic entities' compliance with the Protection of Personal Information [...]
Shareholders beware – Section 424 and piercing the corporate veil!
by Eric Levenstein, Director and Head of Insolvency, Business Rescue & Restructuring Practice; Nastascha Harduth, Director; and Siyabonga Galela, Candidate Attorney Introduction When a director [...]
Business rescue – not for the fainthearted
Business rescue proceedings Business rescue proceedings almost invariably take place under less than ideal circumstances. To begin with, all candidates for business rescue are financially distressed, [...]
Proposed Amendments to the Equality Act
Equality Act or PEPUDA In March 2021, the Department of Justice and Constitutional Development ("DOJ") invited interested parties to comment on a bill aimed at amending [...]
