Legal updates and opinions
Search Author
Beware! Draft National Policy on Data and Cloud published
by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of Competition Law Practice; and Dale Adams, Associate "Data generated in [...]
POPIA: misconceptions, Whatsapp groups and other deceptions!
by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of Competition Law Practice; and Nyiko Mathebula, Candidate Attorney I hereby [...]
The legal dangers of a side hustle
Everybody seems to have a side hustle From cupcake bakers to Instagram influencers and tech start-ups, everybody seems to have a side hustle these days and [...]
The Information Regulator – Both a POPIA And PAIA Regulator, Extension granted for PAIA manuals to be available
by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of Competition Law Practice; and Dale Adams, Associate The Information Regulator is [...]
Don’t let rumours deceive you, POPIA is still coming into effect on 1 July 2021 – No extension or grace!
POPIA is still coming into effect on 1 July 2021 "We have already said that on the 1st of July all responsible parties must ensure that [...]
AFRICRYPT – yet another South African crypto asset scam
Crypto asset scam Many South Africans will recall the infamous MTI[1] crypto asset scam that caught the attention of both local and international authorities at [...]
Vaccination Policies for the Workplace
Vaccination Policies The Department of Employment and Labour recently released an Amended Consolidated Direction on Occupational Health and Safety measures in certain workplaces ("Directions") published in [...]
Amended Consolidated Direction on Occupational Health and Safety Measures
Occupational Health and Safety Measures On 11 June 2021 the Minister of Employment and Labour published an Amended Consolidated Direction on Occupational Health and Safety Measures [...]
POPIA and social media posts
Processing of personal information on social media platforms A great deal of attention has been given to juristic entities' compliance with the Protection of Personal Information [...]
China: Opportunities and opportunist
China implemented anti-dumping duties on Australian wines Media reports that China recently implemented anti-dumping duties on Australian wines introducing import tariffs of anywhere from 100% - [...]
Current status: National Health Insurance Scheme
National Health Insurance Scheme or NHI Notwithstanding the attention that has come to be focused on the prevailing COVID-19 pandemic, preparations continue in respect of the [...]
Electronic signatures: recent developments
by Pierre Burger, Director What is an electronic signature, and when will it be valid in place of a handwritten signature? These questions appeared to have [...]
What is consultation?
Mining companies required to consult with communities Mining is one of the major contributors to the national economy. The issue of mining companies being required to [...]
Shareholders beware – Section 424 and piercing the corporate veil!
by Eric Levenstein, Director and Head of Insolvency, Business Rescue & Restructuring Practice; Nastascha Harduth, Director; and Siyabonga Galela, Candidate Attorney Introduction When a director [...]
Business rescue – not for the fainthearted
Business rescue proceedings Business rescue proceedings almost invariably take place under less than ideal circumstances. To begin with, all candidates for business rescue are financially distressed, [...]
Proposed Amendments to the Equality Act
Equality Act or PEPUDA In March 2021, the Department of Justice and Constitutional Development ("DOJ") invited interested parties to comment on a bill aimed at amending [...]
The Constitutional Court rules on tax allowances for retail loyalty programmes
The Constitutional Court rules on tax allowances It is rare to see tax disputes end up in the Constitutional Court and even more so to see [...]
Cybercrimes Act: South Africa Finally Joins The Big Boy Table
1. President Cyril Ramaphosa has just signed the Cybercrimes Bill, which seeks to bring South Africa's cybersecurity laws in line with the rest of the world, [...]
Competition Commission Launches Online Market Inquiry – Key Priority Sector
by Dominique Arteiro, Director Background: Online Platforms Today, 19 May 2021 the Competition Commission of South Africa ("Commission") officially commenced its market inquiry into online intermediation [...]
Impact of Covid-19 on merger conditions
Merger conditions There is no doubt that the Covid-19 pandemic has had, and is continuing to have, a severe impact on all aspects of our lives. [...]
JSE efforts to reduce red tape in Section 9 of the Johannesburg Stock Exchange Listing Requirements
The Johannesburg Stock Exchange Consultation Paper From the outside, it is worth acknowledging that the JSE Limited (the "JSE") or any other international stock exchange for [...]
Well-known trade marks recognised in Tanzania
By Donvay Wegierski, Director On 4 February 2021 judgement was handed down by the High Court of Tanzania, Dar Es Salaam, against JP Decaux Tanzania Limited [...]
Resignation or dismissal?
The employment relationship involves two parties - the employer and the employee - and accordingly there are three possible ways in which this relationship can end, [...]
A bank’s right to set-off and their duties towards third parties
by Tracy-Lee Janse van Rensburg, Director and Malachizodok Mpolokeng, Candidate Attorney It is well known that banks play a critical role within the commercial sphere by, [...]
Vesting of Capital Gains through Multiple Trusts
by Erich Bell, Director The recent tax court decision IT 24918 (delivered on 18 March 2021) is the first case in which it was considered whether [...]
