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The Balancing Act: The Sharing of Company Information by Exiting Shareholders with Potential Third-Party Purchasers
and Emma Reid, Candidate Attorney INTRODUCTION The default position regarding who can access a company's records and information ("company information") and the nature and extent of [...]
Court Orders Gauteng Department of Health to Provide Cancer Treatment to Patients Awaiting Care
and Slade van Rooyen - Candidate Attorney and Farah Yassin - Candidate Attorney On 27 March 2025, the Gauteng Local Division of the High Court, Johannesburg, [...]
Allegations of Ethnic Discrimination Require Evidence: the Sagan Principle
and Isabella Keeves - Candidate Attorney In 1979 science communicator and physicist Carl Sagan wrote in his book Broca's Brain that "Extraordinary claims require extraordinary evidence", [...]
The Clock Is Ticking: Labour Disputes and the Perils of Miscalculating Timeframes
The recent Labour Court decision in Nelson Mandela Bay Municipality v SAMWU obo Bukula and Others (PR174/2023) provides a sobering reminder of the importance of calculating [...]
FICA: Proposed changes to Public Compliance Communication 50 and Directive 3 previously issued by the Financial Intelligence Centre
by Sandiso Dhlomo, Associate and Nhlonipho Mthembu, Candidate Attorney reviewed by Tracy Lee Janse van Rensburg On 14 March 2025, the Financial Intelligence Centre ("FIC") published [...]
Proposed R100 Billion Transformation Fund Will Have Significant Implications For Broad-Based Black Economic Empowerment (“Bbbee”) Regulation In South Africa
On 19 March 2025, the Department of Trade, Industry and Competition ("DTIC") issued a draft Transformation Fund Concept Document for public comment. The proposed Fund was [...]
Sorry Not Sorry
and Mike Searle, Candidate Attorney In the recent Labour Court decision of Standard Bank Insurance Brokers (Pty) Ltd v Dlamini & Others (JR15/24), the issue of [...]
Discrimination – it’s not unfair when its fair
In a notable judgment delivered on 6 November 2024, the Labour Appeal Court (LAC) in Passenger Rail Agency of South Africa v Hoyo ([2024] ZALAC 57) [...]
Labour Court Upholds Enforceability of Restraint of Trade Agreements
and Hannah Fowler, Candidate Attorney In the recent case of SMD Technologies (Pty) Ltd v Tavares and Another ([2024] ZALCJHB 546), the Labour Court reaffirmed the [...]
Remedies in respect of decisions made under the MPRDA: there are no quick fixes
Mineral and Petroleum Resources Development Act (MPRDA) When it comes to appealing against or reviewing administrative decisions under the Mineral and Petroleum Resources Development Act [...]
Breaking News as the Minister of Employment and Labour publishes much anticipated Sectoral Targets and accompanying Regulations
by Anastasia Vatalidis - Director, Kerry Fredericks - Director and Gracie Sargood - Candidate Attorney The Employment Equity Amendment Act No.4 of 2022 (“EEAA“) which came [...]
A Guide to The Johannesburg High Court – dedicated Insolvency Court Project
Published On: April 11th, 2025 by Eric Levenstein, Director and Head of Business Rescue & Insolvency, Amy Mackechnie, Senior Associate and Kaymana Han, Candidate Attorney INTRODUCTION [...]
Whether non-parties to a collective agreement can refer a dispute about the interpretation and application of the collective agreement?
and Pumelela Mniki, Candidate Attorney The issue of whether non-parties to a collective agreement can declare a dispute about its interpretation or application recently came up [...]
Note On The Final Nedlac Report On The Labour Law Reform Process
and Anna Tchalov, Candidate Attorney and Gracie Sargood, Candidate Attorney Following negotiations between organised business, organised labour and government, the National Economic Development and Labour Council [...]
Navigating Section 197 in Public Service contracts: Lessons from the King Cetshwayo District Municipality case
and Mike Searle, Candidate Attorney Introduction : ISSUE In the case of King Cetshwayo District Municipality v Water and Sanitation Services South Africa (Pty) Ltd and [...]
Copycats beware, trade mark registration prevails
In January 2025 Thatchers Cider Company succeeded before the UK Court of Appeal ("CoA") against Aldi Stores Limited, the large multi-national discount retailer. The CoA concluded [...]
ROFR vs ROFO: Navigating Restrictions on the Transfer of Shares in Private Companies
and Emma Reid, Candidate Attorney ABSTRACT A memorandum of incorporation ("MOI") is a company's constitutional document which, amongst other things, governs shareholder rights and [...]
Digital environment, the role of blockchain in sustainability
by Justin Duarte - Candidate Attorney, reviewed by Natalie Scott - Head of Sustainability and Director and Janice Geel - Associate Blockchain technology became available to [...]
New Earnings Threshold
and Isabella Keeves, Candidate Attorney As of 1 April 2025, the annual earnings threshold as stipulated under the Basic Conditions of Employment Act 75 of 1997 [...]
Budget Speech 2025/2026: Tax Overview
By: The Werksmans Tax Team Download PDF INTRODUCTION Minister of Finance Enoch Godongwana was scheduled to deliver his fourth Budget speech of his term on 19 [...]
Technology & AI – in the workplace and beyond
by Preeta Bhagattjee, Director and Head of Technology & Innovation & Bradley Workman-Davies, Director The rapid integration and adoption of artificial intelligence (AI) across various [...]
Debt Review – A lifeline for over-indebted consumers
by Naledi Motsiri- Director and Nothando Nyoni - Candidate Attorney As a result of slow economic growth, high interest rates and the soaring cost of [...]
Claims for Non-payment in terms of Section 73A of the Basic Conditions of Employment Act – An overview of recent cases
by Dakalo Singo, Director and Head of Pro Bono In 2019, the jurisdiction of the Commission for Conciliation, Mediation and Arbitration ("CCMA") was expanded by [...]
Department of Employment and Labour Update: What to expect in relation to the implementation of the Employment Equity sector targets
On 17 February 2025, the Department of Employment and Labour ("DoEL"), held a virtual meeting where various stakeholders and industry players met to discuss and engage on, inter [...]
Relief for cystic fibrosis patients? The Competition Commission Closes Investigation into Vertex Pharmaceuticals
Reviewed by Rudolph Raath, Director "… poverty alleviation, the provision of high-quality education, the best health enhancing facilities or necessities, and the enablement of the best business [...]
