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Working from home but are you really at work?
by Sandile July, Director and Nyiko Mathebula, Candidate Attorney COVID-19 has revolutionised the workplace in terms of health and safety standards. Never before have employers had [...]
Proposed amendments to The Financial Intelligence Centre Act, 2001
by Tracy-Lee Janse van Rensburg, Director On 19 June 2020[1], the Minister of Finance published proposed amendments to Schedules 1, 2 and 3 to the Financial Intelligence Centre Act, 38 of 2001, as [...]
Guidance on outsourcing of compliance activities to third parties
by Tracy-Lee Janse van Rensburg, Director and Juliet Siwela, Candidate Attorney On 21 July 2020, the Financial Intelligence Centre ("FIC") published the draft public compliance communication, communication number 12A [...]
Additional obligations for designated employers under The Employment Equity Act
by Bradley Workman-Davies, Director A recent bill submitted to Parliament for consideration would seek to impose potentially stringent new quotas for numerical targets for the employment [...]
The effect of divorce and remarriage on a Will: SA and UK perspective
by Rachel Winterbach, Candidate Attorney reviewed by Doelie Lessing, Director This article compares the legal position that applies in the UK when a testator executed a [...]
The deductibility of BBBEE expenditure – Binding Class Ruling 72
by Kyle Fyfe, Senior Associatereviewed by Ernest Mazansky, Head of Tax Practice SARS has recently issued Binding Class Ruling 72 ("BCR 72"), in which it ruled [...]
SARS to get a new stick
by Kyle Fyfe, Senior Associatereviewed by Ernest Mazansky, Head of Tax Practice Section 34 of the draft Tax Administration Laws Amendment Bill, 2020 proposes to amend [...]
Data breaches in South Africa post POPI…Any lessons to be learned?
by Ahmore Burger-Smidt, Director and Head of the Data Privacy Practice; and Dale Adams, Candidate Attorney 1. During mid-August 2020, social media, news reports and other [...]
Excessive pricing in State procurement of PPE
by Petra Krusche, Director and Rethabile Sebotsa, Candidate Attorney The COVID-19 national state of disaster declared in terms of the Disaster Management Act No. 57 of 2002 [...]
Update: Resumption of Temporary `Employer / Employee Relief Scheme (“TERS”) payments
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 26 August 2020 the Department of Employment and Labour published [...]
Update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) July / August applications
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The July and August applications for Covid-19 TERS are now open [...]
Force majeure in an ongoing COVID-19 environment from a construction perspective
By Jennifer Smit, Director and Tsele Moloi, Senior Associate In parts of the world, cases of COVID-19 are declining, whilst others are seeing their first spikes. [...]
Urgent update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) benefit clarification
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 13 August 2020 the Minister of Employment and Labour, Thembelani [...]
Urgent update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”)
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 13 August 2020 the Minister of Employment and Labour, Thembelani [...]
Employment Equity Amendment Bill 2020
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 20 July 2020 the Minister of Employment and Labour, Thembelani [...]
Unprotected strike action: An ‘essential service’ in terms of the National Disaster Management Act 57 of 2002 (“NDMA”) is not automatically regarded an essential service terms of the Labour Relations Act 66 of 1995 (“LRA”)
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Whether an essential service in terms of the NDMA is [...]
Whether employers are obliged to engage with unrepresentative trade unions before dismissing employees who embark on unprotected strike action
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Whether an employer is required to engage with a trade [...]
Essential Services Committee Notice
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 10 July 2020 the Essential Services Committee ("ESC") published a [...]
Tourism Sector Recovery Plan
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 1 August 2020 the Department of Tourism published a draft [...]
When can losses on shareholders’ loans be claimed as a tax deduction
by Ernest Mazansky, Head of Tax Practice Introduction It is an inevitable consequence when operating in a distress economy, such as we find ourselves in South [...]
Constitutional Court weakens a key defence for respondents in historical competition cases
by Pieter Steyn, Director The recent decision by the Constitutional Court in the case involving the Competition Commission and Pickfords Removals has significant implications for respondents [...]
South African Airways in Business Rescue – No retrenchments until the business rescue plan requires it
by Bradley Workman-Davies, Director and Neo Sewela, Candidate Attorney On 9 July 2020, the Labour Appeal Court ("Labour Appeal Court") handed down the much anticipated judgment [...]
Collection costs under the National Credit Act, 2005
by Tracy-Lee Janse van Rensburg, Director and Juliet Siwela, Candidate Attorney Collection costs In accordance with the judgment handed down by Hack, AJ, on 13 December 2019, in the [...]
BOOKING.COM and public perception
by Donvay Wegierski, Director The United States Supreme Court of Appeal has held that the US trade mark applications pending for booking.com are not generic and [...]
Constitutional Court clarifies when a contract and its enforcement will be invalid for being contrary to public policy
by Pieter Steyn, Director In a recent judgement involving Beadica 231 CC and others and the Oregon Trust, Sale’s Hire CC and the National Empowerment Fund, [...]
