Legal updates and opinions
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UPDATE: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) guideline and commencement of June applications
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The Department of Employment and Labour has published a Guide on [...]
Labour and employment: rebuilding and restructuring post lockdown
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; Michiel Heyns, Senior Associate; and Thabisa Yantolo, Candidate Attorney Introduction With the easing of the nationwide [...]
The date is 1 July 2020…..The day has dawned!
by Ahmore Burger-Smidt , Director, Head of the Data Privacy Practice Group "On privacy issues, it's just like hundreds of years ago when people said, 'I [...]
Urgent update: permitted personal care services
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 19 June 2020 the Minister for Small Business Development, [...]
Virtual AGMs in the wake of COVID-19
by Saarah Coenraad, Candidate Attorneyreviewed by Taryn Potter. Director and Michaela Tyfield, Senior Associate The "COVID‑19" pandemic and the declaration of a national state of disaster [...]
Update on the Department of Mineral Resources and Energy Regulation & Directions for the Mining and Energy Sector
COVID-19, Electricity Regulations, REIPPPP, GAS Regulations and the Nuclear New Build Programme By Chris Stevens, Director and Head of the Mining, Environmental & Resources practice; Jonathan [...]
Professional hunting courses may continue but charter fishing is prohibited – finding a rational balance
Updates on The Department of Environment, Forestry and Fisheries COVID-19 Directions for Fisheries, Forestry and Biodiversity Sector by Justin Truter, Director; Bronwyn Parker, Senior Associate; and [...]
Non-payment of salaries leads to business rescue
by Bradley Workman-Davies, DirectorThe South Gauteng High court has recently handed down a judgment in which it placed two high profile Johannesburg restaurants into business rescue, [...]
Occupational Health and Safety Directive
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Thabisa Yantolo, Candidate Attorney On 4 June 2020 the Minister of Employment and Labour, Thembelani [...]
Update: Temporary Employer / Employee Relief Scheme (“TERS”) benefit payment to foreign national workers
by Jacques van Wyk, Director; Andre van Heerden; Senior Associate; and Thabisa Yantolo, Candidate Attorney On 1 June 2020 the Unemployment Insurance Fund ("UIF") Commissioner, Mr [...]
Turbulence in the Business Rescue of SAA – a new hurdle on the retrenchment track?
By Sandile July, Director and Lisa Appelgryn, Senior Associate On 08 May 2020, the Labour Court handed down what could be considered a seminal judgment on the issue [...]
Accommodating employees in the workplace
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Thabisa Yantolo, Candidate Attorney Under the current COVID-19 regulations, employers must ensure that a number [...]
The ranking of creditors’ claims – now settled law!
By Nastascha Harduth, Director and Roxanne Webster, Senior Associate Since the introduction of the Companies Act 71 of 2008 ("the Companies Act"), and particularly Chapter 6 [...]
The use of Broad-Based Black Economic Empowerment (“BBBEE”) criteria for government relief funds in the COVID-19 crisis
An analysis of the Solidarity/Afriforum case involving the Tourism Relief Fund for small micro and medium sized enterprises (“SMMES”) By Pieter Steyn, Director The serious negative [...]
The approach of the COMESA competition commission to distribution, exclusive dealing, supply and other vertical agreements
By Pieter Steyn, Director The Common Market for Eastern and Southern Africa (COMESA) covers 21 countries namely Burundi, the Comoros, the Democratic Republic of Congo, Djibouti, [...]
Relaxing Cannabis
By Neil Kirby, Director The regulatory travels of cannabis continue. In terms of amendments published to the Schedules to the Medicines and Related Substances Act No. [...]
NUMSA v LUFIL: Does the Constitutional Court judgment accord with government’s policy of orderly bargaining at sectoral level?
By Lloyd Abraham, Director This article is a follow up to the article dealing with the case National Union of Metal Workers of South Africa v [...]
Update: Temporary Employer / Employee Relief Scheme (“TERS”): The May application process
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 28 May 2020 the Department of Employment and Labour ("Department") [...]
Is my business insured?
by Walid Brown, Director and Elzaan Haynes, Candidate Attorney We all take out insurance to cover everything from our homes to our business. Many of us [...]
Royal IP continued
by Donvay Wegierski, Director We have previously written about Prince Harry and Meghan Markle stepping down as "senior royals". The Duke and Duchess of Sussex will [...]
COVID-19 and online precautions for brand owners
by Donvay Wegierski, Director As the world heeds the call to stay at home and flatten the curve our online activity has increased. With it, we [...]
Specifications and bad faith – The CJEU Skykick ruling
by Donvay Wegierski, Director As trade marks are classified in classes according to the relevant goods and/or services, trade mark applications are often filed with class [...]
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 [...]
Update to COVID-19 Temporary Employer / Employee Relief Scheme (TERS) benefits
By Andre van Heerden, Senior Associate; Jacques van Wyk, Director, Bradley Workman-Davies, Director; and Thabisa Yantolo , Candidate Attorney On 26 May 2020 the Minister of [...]
COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) benefit calculation
By Andre van Heerden, Senior Associate; Jacques van Wyk, Director, Bradley Workman-Davies, Director; and Thabisa Yantolo, Candidate Attorney Introduction The Unemployment Insurance Fund ("UIF") have published [...]
