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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 [...]
Finally, my little eye spies a PAIA Guide!
Promotion of Access to Information Act 2 of 2000 The 28th of September was declared by UNESCO in 2019, as The International Day for Universal Access [...]
Data breaches: to notify, or not to notify, that is the question
Data breaches We have had a number of clients approach us on the issue of security compromises or "data breaches" and have quickly come to learn [...]
Jacob Zuma’s medical records: off limits or fair game
Jacob Zuma's medical records Discussions around medical records have taken centre stage at former president Jacob Zuma's trial for corruption, fraud and racketeering emanating from the [...]
Can crypto assets be exported?
The movement of crypto assets between digital wallets The Financial Surveillance Department of the South African Reserve Bank or "FinSurv" has made its views known on [...]
The COMESA Competition Commission’s increasing emphasis on competition enforcement and conduct cases
The COMESA Competition Commission 1. The Common Market for Eastern and Southern Africa (COMESA) covers 21 countries namely Burundi, the Comoros, the Democratic Republic of Congo, [...]
Burger King merger approved – what role will black ownership play in future mergers?
Burger King merger 1. The Competition Commission's prohibition in June 2020 of the sale of Burger King (South Africa) (RF) (Pty) Ltd ("BKSA") to private equity [...]
Section 161 of the Companies Act and a shareholder’s claim for reflective loss
Section 161 of the Companies Act In terms of the South African common law, a shareholder does not have the right to claim for a reduction [...]
Notification of data breaches… setting the record straight
Report data breaches "We reminded them of their duty to report any breach in data security to us. The report they sent us was very general [...]
The requirements for Rescission Applications, restated
The requirements for Rescission Applications The Constitutional Court recently handed down judgment in what was effectively a refresher course on the scope and requirements of rescission [...]
“I will never get caught”: The consequences of non-compliance with POPIA
Non-compliance with POPIA With the attention on complying with the Protection of Personal of Personal Information Act No. 4 of 2013 ("POPIA") by 1 July 2021 [...]
Obtaining authorisation to process special personal information demystified
1. Processing of Special Personal Information On 28 June 2021, the Information Regulator published its "Guidance Note on Processing of Special Personal Information"' ("Guidance Note"). Self-evidently [...]
Eye spy with my little eye… Template PAIA Manuals published by the Information Regulator
Updated PAIA Manual templates for private bodies To kick off the beginning of Access to Information month, the Information Regulator published its updated PAIA Manual templates [...]
A bank’s choice of forum – what does the law say?
Setting the Scene It is common practice for consumers to take up mortgages and purchase motor vehicles on credit from financial institutions. However, what happens if, [...]
