Legal updates and opinions
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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 [...]
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 [...]
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 [...]
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 [...]
Unprecedented times should serve as a reminder: The importance of privacy
by Ahmore Burger-Smidt, Director and Head of the Data Privacy practice There was of course no way of knowing whether you were being watched at any [...]
Update: Directions on resumption of maintenance and construction of energy projects
by Nozipho Bhengu, Director The regulations issued in terms of the Disaster Management Act, 2020 ("Regulations"), which set out the relaxation of the lockdown restrictions under [...]
Request for information on the impact of the COVID-19 pandemic on contributions for retirement savings
by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate AttorneyReviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice The FSCA has previously [...]
COVID-19 and the ruling party’s policy on the NHI
by Neil Kirby, Director and Head of the Healthcare & Life Sciences practice and Zamathiyane Mthiyane, Senior Associate The COVID-19 virus has challenged if not crippled healthcare [...]
Can business rescue minimise the effects of COVID-19 on your business?
by Walid Brown, Director and Elzaan Haynes, Candidate Attorney Business Rescue is aimed at creating a culture of corporate rescue which is appropriate for the modern [...]
Exemption of managers of collective investment schemes from certain requirements relating to the administration of portfolios
by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate Attorney Reviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice The FSCA has [...]
