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MTI: An example of why crypto assets should be declared financial products
by Natalie Scott, Director; and Kyra South, Associate On 7 July 2020, the Texas State Securities Board issued an emergency cease and desist order ("Order") against, [...]
Bargaining council for the fast food, restaurant, catering and allied trades’ (“council”) main collective agreement extension to non parties
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 20 February 2020 the Council registered with the Department of [...]
Can an employer use replacement labour where a lockout has been instituted but the strike has been suspended
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Whether replacement labour may be used where an employer has [...]
Determining “radius” as a measurement for geographical scope in restraint of trade agreements
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue How the geographical scope in a restraint of trade should [...]
(Un)lawfulness in Labour Disputes: The Door is Tightly Closed
by Sandile July, Director and Nyiko Mathebula, Candidate Attorney The recent Labour Court judgment in Botes v City of Joburg Property Company SOC Ltd and Another [...]
Increase to BCEA earnings threshold
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 8 February 2021 the Minister of Employment and Labour, Thembelani [...]
Adjustment of the minimum wages in terms of the National Minimum Wage Act
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 8 February 2021 the Minister of Employment and Labour, Thembelani [...]
The FSCA issues warning on investing in crypto assets
by Natalie Scott, Director; and Kyra South, Associate In the wake of the recent Mirror Trading International Proprietary Limited debacle, the Financial Sector Conduct Authority ("FSCA") [...]
Hopes rise upcoming publication will recognise rural sensitivities in commercial developments
By Bulelwa Mabasa, Director and Head of Land Reform Restitution & Tenure Practice; and Khwezi Mabasa, Senior Researcher: Political Economy at Mapungubwe Institute for Strategic Reflection [...]
Obligation of liquidators to pay rates, taxes and utilities in order to give effect to the transfer of immovable property
by Vivienne Hosiosky, Director and Khathu Neluheni, Senior Associate The COVID‑19 pandemic has had a devastating effect on the South African economy not least of all, [...]
No enquiry before being dismissed – no problem
By Bradley Workman-Davies, DirectorLabour relations and the fairness standards for dismissal of an employee in South Africa have long been centred around the formality of disciplinary [...]
Exchange control relaxation: removal of loop
By Ernest Mazansky, Head of Tax Practice, Werksmans Attorneys On 4 January 2021 the Financial Surveillance Department of the South African Reserve Bank (FinSurv) issued a [...]
Reduced work time and illness benefit
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The Department of Employment and Labour ("Department") has published an Easy-Aid [...]
Fixed term faux pas – how not to employ someone for a limited period of time
By Bradley Workman-Davies, Director Fixed term contracts of employment are allowable and acceptable in South African employment law, and are used on a frequent basis where [...]
Crypto assets – a new financial product?
By Natalie Scott, Director; and Kyra South, Associate On 20 November 2020, the Financial Sector Conduct Authority ("FSCA") published a draft Declaration ("Draft Declaration") and a statement in [...]
Covid-19 Beach Closures
by Shayne Krige, Director and Co-Head of Investment Funds & Private Equity Practice We have been inundated with queries from private individuals, professional and recreational sportsmen [...]
WhatsApp, a misconceived menace to society?
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Dale Adams, Candidate Legal Practitioner and Associate Introduction "By [...]
LRA Section 189A (13) applications: is the court guardian or nanny?
by Lloyd Abraham, Director The Broadcasting Electronic Media and Allied Workers' Union (BEMAWU) recently launched an urgent application in the Labour Court interdicting the South African [...]
Banking on a resignation with immediate effect? Don’t count on it!
by Sandile July, Director and Lisa Appelgryn, Senior Associate: Labour & Employment Practice The Labour Appeal Court ("LAC") in the matter of Standard Bank of South [...]
Automotive aftermarket shake-up – The Competition Commission’s final Automotive Aftermarket Guidelines
by Dominique Arteiro, Director: Competition Practice "These Guidelines are aimed at removing restrictions imposed by OEMs on car owners on the service providers for service and [...]
COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) audit pack
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 27 November 2020 the Department of Employment and Labour ("Department") [...]
Supervening impossibility and lease agreement buildings
by Harold Jacobs, Director and Samukelisiwe Dube, Candidate Attorney What are the respective rights of the parties to a lease agreement at the expiration of the [...]
2020 has put the South African business rescue procedure on steroids
by Eric Levenstein, Director and Head of Insolvency, Business Rescue & Restructuring Practice The onset of the Covid-19 pandemic in 2020 created a new playing field [...]
Big data, big competition law issues – emerging competition enforcement in the fourth industrial revolution: big data, algorithms and abuse of dominance
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of the Competition Law Practice Introduction 1. Digitalization enables companies to systematically collect, analyse [...]
Considerations for the digital economy – Insight from UNCTAD
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of the Competition Law Practice; and Tayli Hanan, Candidate Attorney The United Nations Conference [...]
