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Red Carded For Playing The Race Card
By Bradley Workman-Davies, Director The issue of race and racial discrimination is well-recognised in South Africa as a problem area for the various interactions, which take [...]
Reinstatement Not Always An Appropriate Remedy
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney ISSUE Whether reinstatement must always be awarded where a dismissal is [...]
The Risk Of Departing From Disciplinary Guidelines
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney ISSUE The risk of departing from a disciplinary guideline when imposing [...]
Where The Courts Draw The Line On Making Settlement Agreements Orders Of Court
By Jennifer Smit, Director In the recent Constitutional Court judgment between Buffalo City Metropolitan Municipality ("BCM") and Asla Construction (Pty) Ltd ("Asla"), both in the main [...]
BBBEE Commission Makes Finding Against The MTN Zakhele Futhi Scheme
By Pieter Steyn, Director The Broad‑Based Black Economic Empowerment (BBBEE) Commission has published its findings and recommendations following its investigation of the MTN Zakhele Futhi Scheme. [...]
The Case Of Non-traditional Trade Marks – Can The Soles Of Shoes Be Protected As Trade Marks?
By Janine Hollesen, Head of Intellectual Property Practice The answer to this question is yes according to the KwaZulu-Natal High Court in a recent case, where [...]
Werksmans Women Winners
The WOZA awards are presented annually to women lawyers in recognition of their outstanding dedication, achievements and contribution to the profession, whether it be services, legal education, [...]
When Kimono Became Kimohno! – Don’t Be Caught Off Guard When Choosing Your Trade Mark
By Janine Hollesen, Director Recently the reality star, Kim Kardashian, was caught in the cross-hairs of a trade mark storm after choosing the trade mark KIMONO [...]
Amendments To China’s Trade Mark Laws
By Donvay Wegierski, Director In April 2019 it was announced that certain Amendments to China's Trade Mark law will come into effect on 1 November 2019 [...]
European Union: Adidas Ruling
By Donvay Wegierski, Director The General court of the European Union recently upheld a 2016 ruling by the EU regulator thereby cancelling Adidas EU trade mark [...]
Fortnite, Wimbeldon And Tour De France
By Donvay Wegierski, Director Fanatic or not we will all be familiar with the above, each comprising sport in its own shape and form. Interestingly though [...]
Workplace Bullying: Remedies And Recourse In South African Law
By Bradley Workman-Davies, Director South African labour law has developed a rich body of case law since the Labour Relations Act was first introduced in 1995, [...]
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 [...]
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, [...]
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 [...]
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 [...]
