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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 [...]
The SAA Business Rescue Process : A steep learning curve – Lessons for SOEs
Setting the scene Since being placed under voluntary business rescue in December 2019, South African Airways ("SAA") has been a consistent (and often controversial) conversation point [...]
Temporary Employer / Employee Relief Scheme (“TERS”) update
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Lukrisha Ramadu, Candidate Attorney On 20 April 2021 the Minister of Employment and Labour published [...]
The Legal 500 Europe, Middle East & Africa Rankings
The Legal 500 has released its 2021 rankings for the EMEA region. Regarded as one of the world's largest and [...]
Opportunities for private equity in business rescue
By Elliott Wood, Director and Bafana Ntuli, Director On 23 February 2021, the first ever virtual Ansarada DealMakers Annual Awards was broadcast, and two transactions in [...]
Dismissal of employees who contravene a rule will be fair if proven that employees were aware of the rule or could be reasonably expected to have been aware of it
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Lukrisha Ramadu, Candidate Attorney Issue Whether the employees could be said to have known, or [...]
Dismissal of employees who participate in unprotected strikes but comply with employer’s ultimatum may not be dismissed
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Lukrisha Ramadu, Candidate Attorney Issue Whether employers, who issue provisional ultimatums to employees who participate [...]
Temporary Employer/Employee Relief Scheme (“TERS”) extension: appeal process and update
Temporary Employer/Employee Relief Scheme ("TERS") On 27 March 2021 the Unemployment Insurance Fund (”UIF") issued a letter outlining the appeal process for the lockdown period 16 [...]
Putting the cart before the horse – the potential unconstitutionality of the Expropriation Bill
The Expropriation Bill B3-2020 South Africans have recently been presented with the Expropriation Bill B3-2020 ("the Bill"). While the Bill has drawn vociferous criticism from various [...]
What you need to know about the Expropriation Bill and where it came from
by Thomas Karberg, Candidate Attorney reviewed by Bulelwa Mabasa, Director and Head of Land Reform Restitution & Tenure Practice Introduction In 2019, the Parliamentary Advisory Panel [...]
Blessing or Curse: POPIA requires that an Information Officer must be appointed
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice and Dimakatso Khumalo, Candidate Attorney Introduction The digital representation of [...]
Imposing Most Favoured Nation Clauses? Okay, now pay a fine to the tune of £17.9 million
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Dale Adams, Associate On 19 November 2020, the Competition [...]
Information about information: why calls for the regulation of metadata are gaining traction in Europe
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Tristan Meyer, Candidate Attorney In the European Union, metadata [...]
Winning a battle, but losing the war? Interim relief granted……
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Dale Adams, Associate On 25 March 2021, the Competition [...]
Unique Identifiers: Why the distinction?
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Nyiko Mathebula, Candidate Attorney The Information Regulator The Information Regulator ("Regulator") [...]
SARS casts its non-compliance net wide
By Nicholas Fairbairn, Associate Reviewed by Doelie Lessing, Director Readers should be alert of their exposure to potential criminal liability for the smallest tax transgressions following [...]
Anticipating POPIA
Provisions of the Protection of Personal Information Act or POPIA The Information Regulator recently published a notice in respect of the proposed coming into effect of [...]
Kick the tires and light the fires – guidance note on Information Officers and Deputy Information Officers finally published
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Dale Adams, Associate On 1 April 2021, the Information [...]
Green shoots which may reignite the Renewable Energy Industry
by Nozipho Bhengu, Director In line with the Ministerial Determination issued under section 34 of the Electricity Regulations and concurred with by the National Electricity Regulator [...]
Why Government should accelerate the establishment of an independent system and market operator?
By Nozipho Bhengu, Director and Tsebo Masia, Associate On 15 February 2021, the CEO of Eskom SOC Limited ("Eskom"), Mr Andre de Ruyter made a much [...]
Draft Amendments to the Pension Funds Act 24 of 1956: The Highlights
by Natalie Scott, Director and Kyra South, Associate On Friday, 26 February 2021, the National Treasury released a Media Statement regarding the publication of the draft amendments ("Draft [...]
Urgent update: extension of COVID-19 Temporary Employer / Employee Relief Scheme (“Ters”)
Urgent update: extension of COVID-19 Temporary Employer / Employee Relief Scheme ("Ters") On 28 February 2021 President Cyril Ramaphosa announced that the Covid-19 Temporary Employer / [...]
Achieving meaningful access to medicines: a patient-centric approach – the next healthcare debate
Access to medicines Access to medicines may be a challenge for patients requiring access to innovative medicines where the costs of those medicines are either not [...]
Uber drivers’ long and bumpy ride to becoming workers
by Sandile July, Director; Lloyd Abraham, Director; Sandile Tom, Director; and Lisa Appelgryn, Senior Associate 1. This article explores the potential ramifications the recent judgement by [...]
Business Rescue Practitioners – mind the trap!
by Roxanne Webster, Senior Associate and Siyabonga Galela, Candidate Attorney Reviewed by Eric Levenstein, Director and Lauren Becker, Director Introduction The payment and ranking of business [...]
