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Putting the cart before the horse – the potential unconstitutionality of the Expropriation Bill
The Expropriation Bill B3-2020 South Africans have recently been presented with the Expropriation Bill B3-2020 ("the Bill"). While the Bill has drawn vociferous criticism from various [...]
What you need to know about the Expropriation Bill and where it came from
by Thomas Karberg, Candidate Attorney reviewed by Bulelwa Mabasa, Director and Head of Land Reform Restitution & Tenure Practice Introduction In 2019, the Parliamentary Advisory Panel [...]
Blessing or Curse: POPIA requires that an Information Officer must be appointed
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice and Dimakatso Khumalo, Candidate Attorney Introduction The digital representation of [...]
Imposing Most Favoured Nation Clauses? Okay, now pay a fine to the tune of £17.9 million
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Dale Adams, Associate On 19 November 2020, the Competition [...]
Information about information: why calls for the regulation of metadata are gaining traction in Europe
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Tristan Meyer, Candidate Attorney In the European Union, metadata [...]
Winning a battle, but losing the war? Interim relief granted……
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Dale Adams, Associate On 25 March 2021, the Competition [...]
Green shoots which may reignite the Renewable Energy Industry
by Nozipho Bhengu, Director In line with the Ministerial Determination issued under section 34 of the Electricity Regulations and concurred with by the National Electricity Regulator [...]
Why Government should accelerate the establishment of an independent system and market operator?
By Nozipho Bhengu, Director and Tsebo Masia, Associate On 15 February 2021, the CEO of Eskom SOC Limited ("Eskom"), Mr Andre de Ruyter made a much [...]
Draft Amendments to the Pension Funds Act 24 of 1956: The Highlights
by Natalie Scott, Director and Kyra South, Associate On Friday, 26 February 2021, the National Treasury released a Media Statement regarding the publication of the draft amendments ("Draft [...]
Urgent update: extension of COVID-19 Temporary Employer / Employee Relief Scheme (“Ters”)
Urgent update: extension of COVID-19 Temporary Employer / Employee Relief Scheme ("Ters") On 28 February 2021 President Cyril Ramaphosa announced that the Covid-19 Temporary Employer / [...]
That’s the way the cookie banner crumbles: draft EU ePrivacy regulation seeks to reform the cookies recipe
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Tristan Meyer, Candidate Attorney European data protection regulators kicked [...]
The Side Hustle – The Dangers of not being legally compliant
by Dominique Arteiro, Director and Taryn Potter, Director Entrepreneurs and small and medium businesses (SME) have been heralded by many commentators as the panacea for job [...]
The European Union Trade Mark and the UK after Brexit
By Donvay Wegierski, Director On the 31 December 2020, the Brexit Transition period ended and the UK separated from the European Union. After Brexit, with the [...]
Like clockwork – the inclusion of descriptive words in trade marks SWATCH Vs IWATCH
By Janine Hollesen, Director; and Dannielle Fiff, Candidate Attorney In the case of Swatch AG (Swatch SA) v Apple Inc. 2021JDR 0095 (SCA), the Supreme Court [...]
Achieving meaningful access to medicines: a patient-centric approach – the next healthcare debate
Access to medicines Access to medicines may be a challenge for patients requiring access to innovative medicines where the costs of those medicines are either not [...]
Uber drivers’ long and bumpy ride to becoming workers
by Sandile July, Director; Lloyd Abraham, Director; Sandile Tom, Director; and Lisa Appelgryn, Senior Associate 1. This article explores the potential ramifications the recent judgement by [...]
Business Rescue Practitioners – mind the trap!
by Roxanne Webster, Senior Associate and Siyabonga Galela, Candidate Attorney Reviewed by Eric Levenstein, Director and Lauren Becker, Director Introduction The payment and ranking of business [...]
Shareholder “divorce” – is dissolution of the company a viable remedy?
by Rachel Winterbach, Candidate Attorney reviewed by Pierre le Roux, Director and Jarryd Mardon, Senior Associate It occurs in practice that relationships between shareholders in [...]
Duchess of Sussex, Privacy and POPIA
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Nyiko Mathebula, Candidate Attorney The privacy of individuals is [...]
Minister Patel clarifies his views on employee share ownership programmes and Broad Based Ownership Schemes but uncertainty continues
by Pieter Steyn, Director and Head of Broad-Based Black Economic Empowerment (B-BBEE) Practice A new Broad Based Black Economic Empowerment ("BBBEE") initiative was announced by Coca [...]
2021/2022 Budget Proposals – Tax Overview
2021/2022 Budget Proposals – Tax Overview By: The Werksmans Tax Team INTRODUCTION This was a Budget focused on big spending announcements and was heavily influenced by [...]
Share Repurchases, Schemes of Arrangement and the Takeover Regulations
Share Repurchases, Schemes of Arrangement and the Takeover Regulations by Brian Price, Director and Raquel Goncalves, Candidate Attorney Since the promulgation of the Companies Act No [...]
Update: COVID-19 Temporary Employer / Employee Relief Scheme (“Ters”) audit pack
by Jacques van Wyk, Director and Andre van Heerden, Senior Associate On 27 November 2020 the Department of Employment and Labour ("Department") and the Unemployment Insurance [...]
Information Regulator issues Guidelines for the development of Codes of Conduct effective 1 March 2021
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Dimakatso Khumalo, Candidate Attorney On 22 February 2021, [...]
Update: extension of the COVID-19 Temporary Employer / Employee Relief Scheme
by Jacques van Wyk, Director and Andre van Heerden, Senior Associate On 18 February 2021 the Department of Employment and Labour issued a statement recording that [...]
