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Retrenchment Remedies – Getting The Process Back On Track
By Bradley Workman-Davies, Director and Mishkah Abdool Sattar, Candidate Attorney Retrenchments in South African law are regulated in terms of section 189 of the Labour Relations [...]
The Banking Regulation Review – Edition 10
INTRODUCTION: Banking Regulation Review South Africa has an advanced banking system, backed by a sound legal and regulatory framework that aims to secure systemic stability in [...]
When Can Taxpayers Rely On Prescription Of Assessments?
By Ernest Mazansky, Director, Head of Tax Practice, Werksmans Tax (Pty) Ltd INTRODUCTION As is widely known, the general principle is that SARS may not reopen [...]
Does Validity Of A Contract Trump All Considerations In Review Of Agreements With Organs Of State?
By Jennifer Smit, Director Recently, Theron J handed down a judgment in the Buffalo City Metropolitan Municipality / Asla Construction (Pty) Ltd matter with 5 other [...]
The Legal Position Concerning Strict Compliance With The Stipulations In A Demand Guarantee
By Boitumelo Rammala, Associate and Dimakatso Mogafe, Candidate Attorney Reviewed By Jennifer Smit, Director Sasol Oil (Pty) Ltd ("Sasol") and Golden Sun Retailers (Pty) Ltd ("Golden [...]
IP & LEGACY
By Donvay Wegierski, Director NELSON MANDELA INTERNATIONAL DAY 18 July is Nelson Mandela International Day in remembrance and in honour of Nelson Mandela, celebrated each [...]
BBBEE Commission Makes Findings Against Eskom
By Pieter Steyn, Director On 11 June 2019, the Broad‑Based Black Economic Empowerment (BBBEE) Commission published its findings and recommendations following an anonymous complaint relating to Eskom's [...]
Significant Changes Made To The Codes Of Good Practice On Broad-based Black Economic Empowerment
By Pieter Steyn, Director On 31 May 2019, the Minister of Trade and Industry replaced the existing Codes of Good Practice relating to enterprise and supplier development, [...]
An employer’s prerogative to employ the candidate it deems best
By Jacques van Wyk, Director and Michiel Heyns, Senior Associate In the arbitration between the National Union of Mineworkers obo Donald Andile Mchunu v Tronox Mineral [...]
FALSE ALLEGATIONS OF RACISM MAY BE GROUNDS FOR DISMISSAL
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney ISSUE Whether an employee who makes a false allegation of [...]
DOES THE USE OF RACIST COMMENTS WARRANT DISMISSAL?
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney ISSUE Is dismissal the appropriate sanction for an employee who [...]
Trade Marks: Changes to the canadian trade marks act
By Donvay Wegierski, Director On 17 June 2019, the Canadian Trade Marks Act will be introducing several changes pursuant to it joining the Madrid Protocol, most [...]
International arbitration in South Africa – a new chapter
By Des Williams, Director, Head of Arbitration Practice The enactment of the International Arbitration Act 2017 ("International Arbitration Act"), which applies the United Nations Commission on [...]
BPR 314: An interesting ruling on several levels
By Doelie Lessing, Director and Nicholas Fairbairn, Candidate Attorney On 13 December 2018, the South African Revenue Service issued Binding Private Ruling 314, which deals with [...]
Probono@Werks
DIEPSLOOT PRO BONO LAW CLINIC – PROUDLY GROWING FROM STRENGTH TO STRENGTH The Diepsloot Law Clinic opened its doors in 2012. This law clinic is the [...]
You don’t want to be counted as a victim!
By Ahmore Burger-Smidt, Director, Head of Data Privacy Practice, Werksmans Advisory Services (Pty) Ltd HOW DO THEY PHISH? DATA BREACHES AND DATA SECURITY The loss of [...]
Broad-based trusts – is the BBBEE commission moving the goal posts or simply applying the law?
By Pieter Steyn, Director Recent statements by the Commissioner of the Broad-Based Black Economic Empowerment ("BBBEE") Commission, Ms Zodwa Ntuli, have resulted in much media attention [...]
Original Integrated Resource plan should still be SA’s roadmap to solving energy crisis
The original Integrated Resource Plan (IRP) of 2010 should still be our roadmap to solving South Africa’s energy problems. The plan set the target of about [...]
ECOWAS REGIONAL COMPETITION AUTHORITY LAUNCHES IN THE GAMBIA
By Ahmore Burger-Smidt, Director, Head of Data Privacy Practice, Werksmans Advisory Services The Commission of the Economic Community of West African States ("ECOWAS") officially launched its [...]
Thank you energy minister, now let’s hurry
Former Energy Minister Jeff Radebe has at last told the National Energy Regulator of South Africa (Nersa) to license applications from businesses allowing them to generate [...]
The qualified legalisation of cannabis does not extend to the workplace
By Jacques van Wyk, Director, Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney ISSUE Whether the recent Constitutional Court case of Minister of Justice [...]
Jurisdiction in south african labour law
Labour law and jurisdiction Jurisdiction can be defined as the competence of a court to hear and determine an issue between the parties. A court may [...]
No work on public holidays – a gift from the labour appeal court
In terms of the Basic Conditions of Employment Act, 75 of 1997 ("BCEA"), all employees are entitled to a minimum number of days leave per year. [...]
What does the protection of personal information act, 2013 mean for south African elections?
by Ahmore Burger-Smidt, Head of Data Privacy Practice and Mahlogonolo Motimele, Candidate Attorney A CLOSER LOOK AT THE VOTERS ROLL POPIA applies to the processing of [...]
Not your friend, buddy
The requirement to register as a credit provider under the National Credit Act That the National Credit Act[1] (the NCA) is not a model of clarity [...]
