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Further into Africa…Botswana enacts a “new” Data Protection Act. Does this spell a new dawn?
On 29 October 2024, Botswana's "new" Data Protection Act 18 of 2024 ("the new DPA") was published in the government gazette and came into effect. Prior [...]
Second Edition of FIDIC Green Book: A Solid Foundation for Small to Medium Sized Projects
and Khanyisa Tshoba - Candidate Attorney Having been involved in a number of contract negotiations relating to small to medium sized projects in the private sector, [...]
Direct marketing Guidance Note issued, but only the future will tell
On 04 December 2024, the Information Regulator ("Regulator") published the long-awaited Guidance Note on Direct Marketing ("Guidance Note") in terms of the Protection of Personal Information [...]
Tax Amendments – 2024
Introduction On 23 October 2024, when the Minister of Finance presented his Media-term Budget Policy Statement to Parliament, he also tabled various fiscal Bills. In this [...]
Employment Equity Amendment Act Commencement – Important news for employers employing more than 50 employees
The President of the Republic of South Africa has recently proclaimed that the Employment Equity Amendment Act No.4 of 2022 ("EEAA") shall come into operation on [...]
Shell shock: reversal of landmark Dutch ruling holds lessons for South African climate change litigation
- Reviewer and Slade van Rooyen - Candidate Attorney The 2021 decision of a Dutch district court in Milieudefensie v Royal Dutch Shell[1] was widely regarded [...]
A step closer to establishing the National Council on gender-based violence and femicide
After the President assented to the National Council on Gender-Based Violence and Femicide Act No. 9 of 2024 ("Act") in May 2024, the operation of the [...]
The Climate Change Act has a crucial role to play in the fight against the climate crisis in South Africa
and Mmatshepo Papo - Candidate Attorney Frequent and intense weather events and devastating effects of climate change are being experienced all over the world. According to [...]
Stretching Boundaries: Can a Trade Union Represent Employees Who Fall Outside of its Registered Scope in Employment Disputes?
and Yendiswa Sithole - Candidate Attorney The Constitutional Court ("the CC") in AFGRI Animal Feeds (A Division of PhilAfrica Foods (Pty) Ltd v National Union of [...]
Working From Home: Can Employers Withhold Pay Over Office Attendance?
and Hanán Jeppie - Candidate Attorney ISSUE In National Union of Public Service and Allied Workers obo Cesiko / South African Human Rights Commission [2024] 8 [...]
Revisiting Zero-Tolerance Policies: The NBCCI’s Ruling on Cannabis Use
and Hanán Jeppie - Candidate Attorney ISSUE In National Union of Metalworkers of South Africa obo Nyawuza / PFG Building Glass [2024] 6 BALR 595 (NBCCI), [...]
Whether a workplace policy automatically forms part of or can otherwise be construed as a collective agreement
and Tasreeq Ferreria - Candidate Attorney Issue Whether the Commission for Conciliation Mediation and Arbitration (the "CCMA") was correct in finding that the National Union of [...]
The South African Reserve Bank tightens “instant payment” framework in South Africa – screen scrapers beware!
Following the COVID-19 pandemic, more people than ever are ordering goods online based on the variety of good and services available, convenience, quick delivery times and [...]
FIC publishes Directive 9 to ensure CASPs comply with FATF Recommendations
- reviewer and authored by Slade van Rooyen - Candidate Attorney The Financial Intelligence Centre ("FIC") on 15 November 2024 published "Directive 9 concerning the implementation [...]
Machine managers: AI monitoring in the South African workplace
The impact of AI on the workplace is a rapidly evolving field of study, and South Africa can look to other countries, where cutting edge AI [...]
A Shift in Creditor Protections – The application of Section 34 of the Insolvency Act during Business Rescue Proceedings
Section 34 of the Insolvency Act 24 of 1936 (the "Insolvency Act") has historically safeguarded creditors' interests in South Africa by mandating public notice when businesses [...]
Tainted treats, spoiled foods and potential dangers…are there any legal safeguards for consumers?
In recent weeks gone by, there have been numerous food poisoning cases reported[1] resulting in serious health issues and, in some cases, even death of children. [...]
It is not only diamonds that are forever – a snapshot of forever and hazardous chemicals
A recent study conducted by the Manchester Metropolitan University revealed that the processes intended to decontaminate noxious liquid landfill waste before it re-enters rivers and sewers [...]
Going nowhere fast, proposed amendments to the direct marketing regulations under the CPA published, and your comments are sought!
On October 28, 2024, the Department of Trade, Industry and Competition (dtic) published draft amendments to the regulations under the Consumer Protection Act 68 of 2008 [...]
The Collection of Premiums on Behalf of Insurers – A Look at the Impact of The Exemption of Juristic Representatives from Section 13(1)(C) of FAIS
and Khanyisa Tshoba, Candidate Attorney Introduction: In practice the need may arise for an insurer to appoint a third party to collect premiums on its behalf. [...]
The effects of the CPA Amendment Act, 2017
and Elia Chitata - Candidate Attorney With the introduction of the Restitution of Land Rights Act 22 of 1994, which allowed both individuals and communities alike [...]
Section 22 – A Springboard into Business Rescue
and Caitlin Steytler – Candidate Attorney In August 2024, Statistics South Africa revealed that 1020 entities filed for liquidation in the first 8 months of 2024. [...]
The Transaction Did Not Flow
On the 10th of October 2024 the majority judges of the Supreme Court of Appeal upheld an appeal against an order granted by the full bench [...]
Mergers, acquisitions, corporate takeovers and staff restructuring: the devil is in the deal detail
South Africa’s corporate landscape has seen an uptick in transactional activity this year, marked by a mix of strategic mergers, acquisitions, and, in some cases, distressed [...]
When Mergers Merge: Guidelines on Indivisible Transactions
The Competition Commission (the Commission) has released its final guidelines on indivisible transactions (the Guidelines). These guidelines are crucial for understanding the Commission's approach to determining whether [...]
