Legal updates and opinions
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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, [...]
Conduct standard for banks
by Tracy-Lee Janse van Rensburg, Director Pursuant to the Financial Sector Regulation Act, 2018 ("FSRA"), the Financial Sector Conduct Authority ("FSCA") was mandated to regulate and supervise [...]
URGENT update: Amendments to regulations for lockdown level 3
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 31 July 2020 the Minister of Cooperative Governance and Traditional [...]
Updated Directive in respect of access to the Commission for Conciliation, Mediation and Arbitration (“CCMA”) during the COVID-19 pandemic
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 30 July 2020 the CCMA published a new Directive on [...]
URGENT update: Level 3 regulations for tourism sector
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 30 July 2020, the Department of Tourism ("Department") published a [...]
It takes Three to Tango – Causation in South African Insurance Law vis-à-vis COVID-19, Business Interruption, and lockdowns
by Damian de Klerk, AssociateReviewed by Sarah Moerane, Director and Dave Walker, Director Revisiting causation in South African insurance law in light of the national lockdown [...]
Directive on compensation for workplace-acquired COVID-19
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 23 July 2020 the Minister of Employment and Labour, Thembelani [...]
Urgent 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 21 July 2020, the Department of Employment and Labour ("Department") [...]
CCMA digital platforms
By Michiel Heyns, Senior AssociateReviewed by Jacques van Wyk, Director On or about 8 May 2020 the Director of the Commission for Conciliation, Mediation and Arbitration [...]
COVID-19: Could borrowing base funding mechanisms be the answer for smaller businesses suffering from cash flow shortages?
By Cara Gow, Associate Reviewed by Richard Roothman, Director and Head of the Banking & Finance practice and Tracy-Lee Janse van Rensburg, Director There is hope [...]
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 The Unemployment Insurance Fund ("UIF") are accepting June Covid-19 TERS applications [...]
Retrenchment of employees on fixed-term contracts: How far can you go?
by Sandile July, Director and Nyiko Mathebula, Candidate Attorney Retrenchments are viewed in a bad light due to the very sensitive socio‑economic element of rendering employees [...]
Retrenchment consultations: the use of video-conferencing
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Whether an employer may utilise Zoom when conducting consultations in [...]
Directors’ duties and obligations in the business rescue process
Introduction Once a company is placed into a business rescue proceeding, the business rescue practitioners immediately step into a supervisory role and where the board of [...]
Labour court provides much needed correction on no work no pay cases
By Bradley Workman- Davies, Director and Neo Sewela, Candidate Attorney The Johannesburg High Court recently found in the matter of Mhlonipheni v Mezepoli Melrose Arch and [...]
The important role of regional courts in the African Continental Free Trade Area – The Mseto judgment by the East African Court of Justice
By Pieter Steyn, Director The African Continental Free Trade Area ("AfCTA") has raised the prospect of greater trade, investment and economic development between African states. The [...]
Discovery vs Liberty – When is use of a trade mark an infringement?
by Janine Hollesen, Director Various Discovery companies took Liberty Group Limited (“Liberty”) to court over Liberty’s use of Discovery’s VITALITY and DISCOVERY registered trade marks in [...]
Solutions thick and fast but as of 1 July 2020, innovation must incorporate POPIA conditions
By Ahmore Burger-Smidt , Director, Head of the Data Privacy Practice Group "The recently reported cyber attack on a healthcare institution in South Africa highlights yet [...]
Urgent update: Amendments to lockdown level 3 regulations
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 25 June 2020 the Minister of Cooperative Governance and Traditional [...]
POPIA, Employment Contracts and Policies and Procedures
by Ahmore Burger-Smidt, Director and Head of the Data Privacy Practice; Jacques van Wyk, Director, Labour & Employment Practice; and Bradley Workman-Davies, Director, Labour & Employment [...]
