Legal updates and opinions
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Information officers take note!
Promotion of Access to Information Act, 2000 regulations 1. The long-awaited Promotion of Access to Information Act, 2000 regulations ("the Regulations") were finally gazetted by the [...]
Advancing credit to financially distressed companies – warning signals for suppliers and creditors?
Advancing credit to financially distressed companies Continued pressure on business and world economies due to the ongoing battle with the Covid-19 pandemic continues into the second [...]
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, [...]
Draft standards on address data published for public comment
Draft standards on address data 1. The Protection of Personal Information Act 4 of 2013 ("POPIA") has a wide application especially if one considers the definition [...]
Treasury modifies the interest limitation proposals
Proposed interest limitation rules In 2019 Treasury released a discussion document dealing with the proposed interest limitation rules that would apply where a South African company [...]
Business rescue and employee rights
What happens to employees when their employer is placed into business rescue? What happens to employees when their employer is placed into business rescue? On the [...]
JSE efforts to reduce red tape in Section 9 of the Johannesburg Stock Exchange Listing Requirements: Part 2
Johannesburg Stock Exchange Listing On 5 March 2021, the Issuer Regulation Division of the JSE issued a Market Notice on a JSE Consultation Paper titled "Cutting [...]
Kenya introduces Anti-Counterfeiting (Recordation) Regulations, 2021
Kenya's Anti-Counterfeit (Recordation) Regulations 2021 Kenya's Anti-Counterfeit (Recordation) Regulations 2021 requires Intellectual Property rights ("IPR") owners who import goods into Kenya to record their IPR with [...]
Oh how the world is changing – Draft guidelines on collaboration between competitors on localisation initiatives
Draft guidelines on collaboration between competitors on localisation initiatives 1. The Competition Commission ("Commission") has recently issued a notice in terms of section 79(3) of the [...]
The Memorandum of Understanding between the Competition Commission of South Africa and the National Agricultural Marketing Council
The Competition Commission and the NAMC concluded an MOU On 13 August 2021 the Competition Commission ("the Commission") and the National Agricultural Marketing Council ("the NAMC") [...]
Basics of Business Rescue
What is business rescue? Business rescue proceedings are proceedings aimed to facilitate the rehabilitation of a company that is financially distressed by providing for – the [...]
The cost of speaking ill of the Competition Commission
Proceedings before the Competition Commission Litigation is, by its very nature, adversarial and in consequence, litigants are sometimes prone to making rash and unfounded assertions and [...]
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 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 [...]
