Legal updates and opinions
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Effect of SA’S COVID-19 lock-down on transport services / operators and insurance
by Godwin Bossr, Director and Yusri Adams, Senior Associate In response to the global pandemic caused by the spread of the Covid-19 virus, President Ramaphosa has [...]
The various departmental functions available during lock-down
By Bronwyn Parker, Senior Associate and Kyra South, AssociateReviewed by Chris Stevens, Director and Head of Mining, Environmental & Resources practice Lock-down not Shutdown: business may [...]
Working in a pandemic: what is a safe and healthy workplace?
by Bradley Workman-Davies, Director An employer which has been issued a permit as a provider of essential goods or services is legally entitled to continue operations [...]
Pension funds distress rules & FSCA operations during lockdown
by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate AttorneyReviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice On 30 [...]
South Africa: Closure of the trade marks, designs and patents office during national lock-down
by Janine Hollesen, Director and Donvay Wegierski, Director South Africa is currently in a 21 day national lockdown to combat the spread of COVID-19, scheduled to [...]
Not Today, April fool Protection of Personal Information – South Africa falling further and further behind
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice Group, Werksmans Attorneys and Dale Adams, Candidate Attorney With everyone getting to grips with the lock-down [...]
Being resilient in these tough economic times is a necessity… practical steps for directors to consider in extra-ordinary times of financial distress!
by Dr. Eric Levenstein, Director and Head of the Business Rescue, Restructuring and Insolvency practice; Nastascha Harduth, Director; and Roxanne Webster, Senior Associate Prior to the [...]
Exemptions from competition law in the banking, retail and hotel sectors amidst covid-19 pandemic
by Paul Coetser, Director and head of Competition Practice, and Mishkah Abdool Sattar, Candidate Attorney Since the issue of our briefing note on 20 March 2020, [...]
Notice on compensation for occupationally-acquired novel corona virus disease (COVID-19)
by Andre van Heerden, Senior Associate; Jacques van Wyk, Director, Bradley Workman-Davies, Director; and Thabisa Yantolo , Candidate Attorney On 23 March 2020, the Compensation Commissioner [...]
NATIONAL BARGAINING COUNCIL FOR THE CLOTHING MANUFACTURING INDUSTRY: conclusion of collective agreement requiring payment of employees
By Andre van Heerden, Senior Associate; Jacques van Wyk, Director, Bradley Workman-Davies, Director; and Thabisa Yantolo , Candidate Attorney The National Bargaining Council for the Clothing [...]
Sick leave and annual leave during the lock-down
By Andre van Heerden, Senior Associate; Jacques van Wyk, Director, Bradley Workman-Davies, Director; and Thabisa Yantolo , Candidate Attorney Having regard to the above, a number [...]
The right of access to housing and its applicability to citizens or non-citizens
By Anele Ngidi, Director and Thomas Karberg, Candidate Attorney The latter part of 2019 was marred by a series of protests and attacks on foreign nationals [...]
Proposed new interest deductibility limitation rules
By Robyn Armstrong, Director Interest payments are generally viewed as an ordinary business expense which are deductible in determining taxable income. Varying corporate income tax rates [...]
Goal or yellow card – Inter Miami vs Inter Milan
By Donvay Wegierski, Director At the time of writing, events worldwide are being cancelled or postponed in an effort to reduce the Covid-19 pandemic. A new [...]
When Insolvency meets the Environment: Directors and liquidators should develop a corporate green thumb
By Nastascha Harduth, Director. Bronwyn Parker, Senior Associate and Tsebo Masia, Candidate Attorney Introduction Corporate South Africa has long been aware of the influence that environmental [...]
When darkness comes, evil goes phishing….
By Ahmore Burger-Smidt, Head of Data Privacy Practice Let us not doubt the fact that cybercriminals are looking to exploit the spread of Coronavirus to conduct [...]
Home sweet home…. But do you know who is lurking in your space?
By Ahmore Burger-Smidt, Head of Data Privacy practice The concept of the home through the ages has been considered as a metaphor for a safe place, [...]
The right not to be dismissed – a multiplicity of rights and actions
By Bradley Workman-Davies, Director The Labour Relations Act, 66 of 1995 has been a significant part of the South African legal environment since 1995, when it [...]
Amendment to national minimum wage and sectoral determination minimum wages
By Jacques van Wyk, Director, Andre van Heerden, Senior Associate and Thabisa Yantolo, Candidate Attorney On 17 February 2020 the Minister of Employment and Labour published, [...]
An employee’s duty to disclose information when applying for employment
By Jacques van Wyk, Director, Andre van Heerden, Senior Associate and Thabisa Yantolo, Candidate Attorney Issue Whether an employee who fails to disclose information that might [...]
A horse by the same name?
By Janine Hollesen, Director The High Court in Pretoria has recently ordered the cancellation of numerous trade mark registrations for POLO and logos which include a [...]
The Tax Implications of eliminating Treasury Shares
By Ryan Killoran, Director It is fairly common for a subsidiary company to hold shares in its holding company, colloquially referred to as treasury shares. Subsidiary [...]
A brief retrospective on two cases about UIF and asylum seekers
By Dakalo Singo, Director Introduction The end of February 2020 marks the anniversary of an important court victory which confirmed the rights of asylum seekers to [...]
South African Airways – Business rescue practitioners hold the reins
By Bradley Workman-Davies, Director The fate of South African Airways remains inscrutable, and recently there appears to have been some division between the management of SAA [...]
2020/2021 Budget Proposals – Tax Overview
By: The Werksmans Tax Team INTRODUCTION From 2015/2016, year on year there have been upward adjustments to the various tax rates, including the increase in [...]
