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IFLR1000 Rankings
IFLR1000 has released its latest rankings which reflects our market standing within the financial and corporate practice areas. This is a sector-specific guide which covers the Sub-Saharan [...]
Constitutional Court to finally give clarity on hate speech
by Harold Jacobs, Director and Dakalo Singo, Director On 22 September 2020, the Constitutional Court heard arguments in the case of Jonathan Dubula Qwelane v South [...]
Another giant trade mark defeat in China – and this time it is FACEBOOK
by Donvay Wegierski, Director After a fourteen-year trade mark battle between Zuckerberg, the CEO of Facebook, and an individual Dr.Su, Chinese trade mark registration numbers 14108731 [...]
Freezing of clients’ account prohibited in certain circumstances
by Tracy-Lee Janse van Rensburg, Director and Juliet Siwela, Candidate Attorney The Financial Intelligence Centre Act, 38 of 2001 ("FIC Act"), places an obligation on accountable institutions [...]
Proposed tax changes to facilitate the relaxation of exchange control require refinement
by Ryan Killoran, Director In the Budget Speech which was delivered on 25 February this year it was announced that the exchange control system would be [...]
Unfair discrimination on “any other arbitrary ground”
by Chelsea Roux, Candidate Attorney Reviewed by Jacques van Wyk, Director The Employment Equity Act[1] ("EEA") aims to recognise and address the disparities in employment, occupation [...]
Urgent update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) August / September 2020 applications
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The TERS applications for the period 16 August to 15 September [...]
Tackling B-BBEE issues in business
Webinar With more than 20 years into a new democratic era, Broad-Based Black Economic Empowerment (B-BBEE) has become a key part of government policy and [...]
10 things you should know about the Competition Commission’s strategy document – Competition in the Digital Economy
by Dominique Arteiro, Director During the second week of September 2020, the Competition Commission of South Africa ("Commission") published its strategy document entitled "Competition in the [...]
Urgent update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) deadlines and delay in payments
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 15 September 2020 the Department of Employment and Labour published [...]
Update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) system maintenance and payment delay
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The Unemployment Insurance Fund ("UIF") published a notice on the UIF [...]
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 7 September 2020 the Minister of Employment and Labour, Thembelani [...]
Unilateral change to employee’s retirement age may constitute an automatically unfair dismissal in terms of The Labour Relations Act and unfair discrimination in terms of The Employment Equity Act
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Whether an employer may unilaterally change an employee's retirement age [...]
Automatically unfair dismissals: An employer may dismiss an employee for lodging a false grievance
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Is the lodging of a grievance the exercise of a [...]
Draft Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the World of Work
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 20 August 2020 the Minister of Employment and Labour, Thembelani [...]
The Crossroads, When Giants Intersect Competition and Data Protection Law
by Ahmore Burger-Smidt, Director and Head of Data Protection and Privacy Practice; and Dale Adams, Candidate Attorney "…it's not always turnover that makes a company an [...]
What now? POPI is at your front door.
by Ahmore Burger-Smidt, Director and Head of the Data Privacy Practice Questions in relation to POPI compliance are indeed ample. Various companies wish to understand [...]
Collision on the Section 197 Highway
Road Traffic Management Corporation v Tasima (Pty) Limited; Tasima (Pty) Limited v Road Traffic Management Corporation [2020] ZACC 21. by Sandile July, Director; Sandile Tom, Director; [...]
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 [...]
