Legal updates and opinions
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Broad-Based Black Economic Empowerment (“BBBEE”) pre-qualification criteria for state tenders declared invalid
by Pieter Steyn, Director and Head of Broad-Based Black Economic Empowerment (B-BBEE) Practice The Supreme Court of Appeal ("SCA") has declared that the Preferential Procurement Regulations [...]
Business rescue for external companies? It’s all in the definition
by Eric Levenstein, Director and Head of Insolvency, Business Rescue & Restructuring Practice; and Malachizodok Mpolokeng, Candidate Attorney Looking back at 2020, it has truly been [...]
Counselling employees who perform below expectation for a fair dismissal
by Bradley Workman-Davies, Director Employee underperformance is a valid ground for dismissal in SA labour law, but as always, the process which is followed by an [...]
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 [...]
Urgent update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) Update
TERS claims ("Note") Resubmissions required On 28 November 2020 the Department of Employment and Labour ("Department") and the Unemployment Insurance Fund ("UIF") published a note regarding [...]
Urgent update: October 2020 extension of the COVID-19 Temporary Employer / Employee Relief Scheme
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 17 November 2020 the Department of Employment and Labour ("Department") [...]
Werksmans Tax Brief
by Ernest Mazansky, Head of Tax Practice, Werksmans Attorneys 2020 Tax Amendments Introduction On 28 October 2020, when the Minister of Finance presented his Medium Term [...]
The Deposit Insurance Funding model and the implications for banks
by Tracy-Lee Janse van Rensburg, Director and Juliet Siwela, Candidate Attorney The South African Reserve Bank ("SARB") recently published a discussion document "The deposit insurance funding [...]
Potential Emigrants, Beware
By Anuschka Wischnewski, Associate Reviewed by Ernest Mazansky, Head of Tax Practice Currently, the Income Tax Act, 1962 (the Act) allows for the payment of a [...]
Proposed Amendments to the Domestic Violence Act
by Dakalo Singo, Director Domestic violence – and gender-based violence in particular – is arguably the most significant societal plague of modern South Africa. To highlight [...]
IFLR1000 Rankings
IFLR1000 has released its latest rankings which reflects our market standing within the financial and corporate practice areas. This is a sector-specific guide which covers the Sub-Saharan [...]
Another giant trade mark defeat in China – and this time it is FACEBOOK
by Donvay Wegierski, Director After a fourteen-year trade mark battle between Zuckerberg, the CEO of Facebook, and an individual Dr.Su, Chinese trade mark registration numbers 14108731 [...]
Freezing of clients’ account prohibited in certain circumstances
by Tracy-Lee Janse van Rensburg, Director and Juliet Siwela, Candidate Attorney The Financial Intelligence Centre Act, 38 of 2001 ("FIC Act"), places an obligation on accountable institutions [...]
Proposed tax changes to facilitate the relaxation of exchange control require refinement
by Ryan Killoran, Director In the Budget Speech which was delivered on 25 February this year it was announced that the exchange control system would be [...]
Unfair discrimination on “any other arbitrary ground”
by Chelsea Roux, Candidate Attorney Reviewed by Jacques van Wyk, Director The Employment Equity Act[1] ("EEA") aims to recognise and address the disparities in employment, occupation [...]
Constitutional Court to finally give clarity on hate speech
by Harold Jacobs, Director and Dakalo Singo, Director On 22 September 2020, the Constitutional Court heard arguments in the case of Jonathan Dubula Qwelane v South [...]
Urgent update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) August / September 2020 applications
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The TERS applications for the period 16 August to 15 September [...]
Tackling B-BBEE issues in business
Webinar With more than 20 years into a new democratic era, Broad-Based Black Economic Empowerment (B-BBEE) has become a key part of government policy and [...]
10 things you should know about the Competition Commission’s strategy document – Competition in the Digital Economy
by Dominique Arteiro, Director During the second week of September 2020, the Competition Commission of South Africa ("Commission") published its strategy document entitled "Competition in the [...]
Urgent update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) deadlines and delay in payments
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 15 September 2020 the Department of Employment and Labour published [...]
Update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) system maintenance and payment delay
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The Unemployment Insurance Fund ("UIF") published a notice on the UIF [...]
Update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) Extension
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 7 September 2020 the Minister of Employment and Labour, Thembelani [...]
