Legal updates and opinions
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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 [...]
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 [...]
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 [...]
Trade marks: changes to the Canadian trade marks act
On 17 June 2019 the Canadian Trade Marks Act will be introducing several changes pursuant to it joining the Madrid Protocol. The most significant changes are [...]
South African musician Daniel Baron vs David Guetta
A South African artist, Daniel Baron has accused David Guetta of copying his 2016 song, "Children of the Sun". As far as can be seen from [...]
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 [...]
Informal complaint initiation – complaints initiated on a ‘wink and a nod’
INTRODUCTION A recent decision by the Supreme Court of Appeal ("SCA") has given the Competition Commission (the "Commission") some latitude to initiate a complaint against a [...]
Employee’s right to privacy
By Bradley Workman-Davies, Director and Mishkah Abdool Sattar, Candidate Attorney In National Union of Metalworkers of South Africa and other v Rafee NO and others (2017) [...]
#METOO in the workplace: how to prevent and address sexual harassment
By Jacques van Wyk, Director and Chelsea Roux, Candidate Attorney INTRODUCTION Awareness of sexual harassment in the workplace has become particularly pronounced over recent years due [...]
The national minimum wage act is now law
By Bradley Workman-Davies, Director On 23 November 2018, the president of the Republic of South Africa ("RSA"), Cyril Ramaphosa, assented to and signed into law the [...]
New system to be launched to expose non-compliance with the national minimum wage act 9 of 2018
By Jacques van Wyk, Director and Chelsea Roux, Candidate Attorney On 7 March 2019, the Department of Labour ("DOL") released a media brief noting that the [...]
National Minimum Wage Bill tabled in Parliament
By Jacques van Wyk, Director and Chelsea Roux, Candidate Attorney The Portfolio Committee on Labour met in January 2019 to discuss a possible amendment to the [...]
Directors’ liability and the competition commission’s corporate leniency policy for cartel contraventions
The Corporate Leniency Policy ("CLP") was published by the Competition Commission in 2004 and remains the principal tool employed by the Commission in cartel investigations and [...]
Trade Marks: USA and Consent Agreements
Anyone who has a commercial presence in the USA or intends entering the US market will know that the United States Trade Mark Office ("USPTO") is [...]
Employee’s right to privacy
In National Union of Metalworkers of South Africa and other v Rafee NO and others (2017) JOL 37705 (LC), the court weighed up the competing interest [...]
Don’t be intimidated into relying on a SARS interpretation note
The SARS states, on its website (www.sars.gov.za), that its "Interpretation Notes are intended to provide guidelines to stakeholders (both internal and external) on the interpretation and [...]
Is a pre-suspension hearings necessary for a precautionary suspension?
By Jacques van Wyk, Director and Chelsea Roux, Candidate Attorney ISSUE Whether there is a requirement for a pre-suspension hearing in the case of a precautionary [...]
How long is too long? Suspension of an employee pending a disciplinary process
By Bradley Workman-Davies, Director and Mishkah Abdool Sattar, Candidate Attorney Very often, an employee is suspended while an investigation is conducted into allegations of misconduct, or [...]
