Legal updates and opinions
Search Author
Minister Patel clarifies his views on employee share ownership programmes and Broad Based Ownership Schemes but uncertainty continues
by Pieter Steyn, Director and Head of Broad-Based Black Economic Empowerment (B-BBEE) Practice A new Broad Based Black Economic Empowerment ("BBBEE") initiative was announced by Coca [...]
That’s the way the cookie banner crumbles: draft EU ePrivacy regulation seeks to reform the cookies recipe
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Tristan Meyer, Candidate Attorney European data protection regulators kicked [...]
The Side Hustle – The Dangers of not being legally compliant
by Dominique Arteiro, Director and Taryn Potter, Director Entrepreneurs and small and medium businesses (SME) have been heralded by many commentators as the panacea for job [...]
The European Union Trade Mark and the UK after Brexit
By Donvay Wegierski, Director On the 31 December 2020, the Brexit Transition period ended and the UK separated from the European Union. After Brexit, with the [...]
Like clockwork – the inclusion of descriptive words in trade marks SWATCH Vs IWATCH
By Janine Hollesen, Director; and Dannielle Fiff, Candidate Attorney In the case of Swatch AG (Swatch SA) v Apple Inc. 2021JDR 0095 (SCA), the Supreme Court [...]
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 [...]
2021/2022 Budget Proposals – Tax Overview
2021/2022 Budget Proposals – Tax Overview By: The Werksmans Tax Team INTRODUCTION This was a Budget focused on big spending announcements and was heavily influenced by [...]
Share Repurchases, Schemes of Arrangement and the Takeover Regulations
Share Repurchases, Schemes of Arrangement and the Takeover Regulations by Brian Price, Director and Raquel Goncalves, Candidate Attorney Since the promulgation of the Companies Act No [...]
Update: COVID-19 Temporary Employer / Employee Relief Scheme (“Ters”) audit pack
by Jacques van Wyk, Director and Andre van Heerden, Senior Associate On 27 November 2020 the Department of Employment and Labour ("Department") and the Unemployment Insurance [...]
Information Regulator issues Guidelines for the development of Codes of Conduct effective 1 March 2021
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Dimakatso Khumalo, Candidate Attorney On 22 February 2021, [...]
Update: extension of the COVID-19 Temporary Employer / Employee Relief Scheme
by Jacques van Wyk, Director and Andre van Heerden, Senior Associate On 18 February 2021 the Department of Employment and Labour issued a statement recording that [...]
MTI: An example of why crypto assets should be declared financial products
by Natalie Scott, Director; and Kyra South, Associate On 7 July 2020, the Texas State Securities Board issued an emergency cease and desist order ("Order") against, [...]
Bargaining council for the fast food, restaurant, catering and allied trades’ (“council”) main collective agreement extension to non parties
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 20 February 2020 the Council registered with the Department of [...]
Can an employer use replacement labour where a lockout has been instituted but the strike has been suspended
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Whether replacement labour may be used where an employer has [...]
Determining “radius” as a measurement for geographical scope in restraint of trade agreements
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue How the geographical scope in a restraint of trade should [...]
(Un)lawfulness in Labour Disputes: The Door is Tightly Closed
by Sandile July, Director and Nyiko Mathebula, Candidate Attorney The recent Labour Court judgment in Botes v City of Joburg Property Company SOC Ltd and Another [...]
Increase to BCEA earnings threshold
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 8 February 2021 the Minister of Employment and Labour, Thembelani [...]
Adjustment of the minimum wages in terms of the National Minimum Wage Act
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 8 February 2021 the Minister of Employment and Labour, Thembelani [...]
The FSCA issues warning on investing in crypto assets
by Natalie Scott, Director; and Kyra South, Associate In the wake of the recent Mirror Trading International Proprietary Limited debacle, the Financial Sector Conduct Authority ("FSCA") [...]
Hopes rise upcoming publication will recognise rural sensitivities in commercial developments
By Bulelwa Mabasa, Director and Head of Land Reform Restitution & Tenure Practice; and Khwezi Mabasa, Senior Researcher: Political Economy at Mapungubwe Institute for Strategic Reflection [...]
Obligation of liquidators to pay rates, taxes and utilities in order to give effect to the transfer of immovable property
by Vivienne Hosiosky, Director and Khathu Neluheni, Senior Associate The COVID‑19 pandemic has had a devastating effect on the South African economy not least of all, [...]
No enquiry before being dismissed – no problem
By Bradley Workman-Davies, DirectorLabour relations and the fairness standards for dismissal of an employee in South Africa have long been centred around the formality of disciplinary [...]
Exchange control relaxation: removal of loop
By Ernest Mazansky, Head of Tax Practice, Werksmans Attorneys On 4 January 2021 the Financial Surveillance Department of the South African Reserve Bank (FinSurv) issued a [...]
Reduced work time and illness benefit
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The Department of Employment and Labour ("Department") has published an Easy-Aid [...]
