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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 [...]
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 [...]
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 [...]
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. [...]
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 [...]
The inadvertent 8c trap
Section 8C of the Income Tax Act 1962 (the Act) includes in a taxpayer's income any gains or losses made upon the vesting of an equity instrument [...]
Jurisdiction in South African Labour Law
Jurisdiction can be defined as the competence of a court to hear and determine an issue between the parties. A court may have limitations to its [...]
When machines make decisions: Understanding the impact of the protection of personal information act, 2013 (“Popia”)
Companies, when obtaining and processing personal information must not mislead and must also provide certain information to the individual data subjects. The data protection regime in [...]
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 [...]
United Kingdom – game of thrones vs game of vapes
The UK Intellectual Propety Office ("UKIPO") has dismissed Home Box Office ("HBO") trade mark opposition filed against the registration of GAME OF VAPES in class 34 [...]
South African copyright bill vs European Union copyright directive – poles apart
Much has been written of late about the South African Copyright Bill which has attracted a significant amount of criticism from various quarters as being opposed [...]
