Legal updates and opinions
Search Author
What is consultation?
Mining companies required to consult with communities Mining is one of the major contributors to the national economy. The issue of mining companies being required to [...]
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 [...]
The Constitutional Court rules on tax allowances for retail loyalty programmes
The Constitutional Court rules on tax allowances It is rare to see tax disputes end up in the Constitutional Court and even more so to see [...]
Cybercrimes Act: South Africa Finally Joins The Big Boy Table
1. President Cyril Ramaphosa has just signed the Cybercrimes Bill, which seeks to bring South Africa's cybersecurity laws in line with the rest of the world, [...]
Competition Commission Launches Online Market Inquiry – Key Priority Sector
by Dominique Arteiro, Director Background: Online Platforms Today, 19 May 2021 the Competition Commission of South Africa ("Commission") officially commenced its market inquiry into online intermediation [...]
Impact of Covid-19 on merger conditions
Merger conditions There is no doubt that the Covid-19 pandemic has had, and is continuing to have, a severe impact on all aspects of our lives. [...]
Vesting of Capital Gains through Multiple Trusts
by Erich Bell, Director The recent tax court decision IT 24918 (delivered on 18 March 2021) is the first case in which it was considered whether [...]
Competition Commission’s Report on the effects of the Covid-19 Block Exemption for the Retail Property Sector, 2020
by Dominique Arteiro, Director Background On 23 April 2021, the Competition Commission ("Commission") published a notice in the Government Gazette in which it, inter alia, indicated that [...]
JSE efforts to reduce red tape in Section 9 of the Johannesburg Stock Exchange Listing Requirements
The Johannesburg Stock Exchange Consultation Paper From the outside, it is worth acknowledging that the JSE Limited (the "JSE") or any other international stock exchange for [...]
Well-known trade marks recognised in Tanzania
By Donvay Wegierski, Director On 4 February 2021 judgement was handed down by the High Court of Tanzania, Dar Es Salaam, against JP Decaux Tanzania Limited [...]
Resignation or dismissal?
The employment relationship involves two parties - the employer and the employee - and accordingly there are three possible ways in which this relationship can end, [...]
A bank’s right to set-off and their duties towards third parties
by Tracy-Lee Janse van Rensburg, Director and Malachizodok Mpolokeng, Candidate Attorney It is well known that banks play a critical role within the commercial sphere by, [...]
The SAA Business Rescue Process : A steep learning curve – Lessons for SOEs
Setting the scene Since being placed under voluntary business rescue in December 2019, South African Airways ("SAA") has been a consistent (and often controversial) conversation point [...]
Temporary Employer / Employee Relief Scheme (“TERS”) update
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Lukrisha Ramadu, Candidate Attorney On 20 April 2021 the Minister of Employment and Labour published [...]
The Legal 500 Europe, Middle East & Africa Rankings
The Legal 500 has released its 2021 rankings for the EMEA region. Regarded as one of the world's largest and [...]
Opportunities for private equity in business rescue
By Elliott Wood, Director and Bafana Ntuli, Director On 23 February 2021, the first ever virtual Ansarada DealMakers Annual Awards was broadcast, and two transactions in [...]
Dismissal of employees who contravene a rule will be fair if proven that employees were aware of the rule or could be reasonably expected to have been aware of it
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Lukrisha Ramadu, Candidate Attorney Issue Whether the employees could be said to have known, or [...]
Dismissal of employees who participate in unprotected strikes but comply with employer’s ultimatum may not be dismissed
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Lukrisha Ramadu, Candidate Attorney Issue Whether employers, who issue provisional ultimatums to employees who participate [...]
Temporary Employer/Employee Relief Scheme (“TERS”) extension: appeal process and update
Temporary Employer/Employee Relief Scheme ("TERS") On 27 March 2021 the Unemployment Insurance Fund (”UIF") issued a letter outlining the appeal process for the lockdown period 16 [...]
Unique Identifiers: Why the distinction?
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Nyiko Mathebula, Candidate Attorney The Information Regulator The Information Regulator ("Regulator") [...]
SARS casts its non-compliance net wide
By Nicholas Fairbairn, Associate Reviewed by Doelie Lessing, Director Readers should be alert of their exposure to potential criminal liability for the smallest tax transgressions following [...]
Anticipating POPIA
Provisions of the Protection of Personal Information Act or POPIA The Information Regulator recently published a notice in respect of the proposed coming into effect of [...]
Kick the tires and light the fires – guidance note on Information Officers and Deputy Information Officers finally published
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Dale Adams, Associate On 1 April 2021, the Information [...]
