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South Africa: A South African Perspective on Restructuring Mechanisms
Director, Eric Levenstein and Senior Associate, Lara von Wildenrath contribute to The European, Middle Eastern and African Restructuring Review 2018.This Review provides exclusive thought leadership, direct [...]
The rights of illegal workers and workers engaged in illegal activities in South Africa
In light of xenophobic violence which continues to be a problem in various regions in South Africa, the case of Discovery Health Limited and Commission for [...]
A landmark case dealing with the revocation of tax compliance status
Reviewed by Ernest Mazansky, Head of Tax Practice A recent judgment handed down in the Pretoria High Court last month highlights SARS's intransigence when applying certain [...]
Mindset shift needed in arbitration
Speed, cost-efficiency and the ability to tailor the process to fit the parameters of the dispute are among the most often-cited reasons why parties choose to [...]
Can directors of state-owned companies be held to account by the SA public?
South African President Ramaphosa admitted in his state of the nation address that state-owned enterprises “are experiencing severe financial operation and governance challenges”. He continued to [...]
Trade marks: sports and the creation of superstars
As the largest single sporting event, the FIFA World Cup is watched across the globe which has led to FIFA's brands, including the FIFA World [...]
Commentary on the State Liability Amendment Bill
With reference to the recent publication of the proposed State Liability Amendment Bill [B16-2018] ("the Bill"), in my view: the Bill is clearly a reaction to [...]
The Banking Regulation Review
The Banking Regulation Review Director, Natalie Scott contributes on The Banking Regulation Review - Edition 9. This ninth edition of The Banking Regulation Review contains chapters provided by [...]
Red is Louboutin
By Janine Hollesen and Donvay Wegierski, Directors Luxury shoe designer Christian Louboutin received a favourable ruling from the Court of Justice of the European Union ("CJEU") [...]
Do you own the copyright that you have paid for?
By Janine Hollesen and Donvay Wegierski, Directors The rights of copyright are incredibly powerful once they come into being, the requirements for which are that the [...]
GDPR and domain names
By Janine Hollesen and Donvay Wegierski, Directors On 25 May 2018 the EU's General Data Protection Regulation (GDPR) came into effect which is applicable to anyone [...]
MESSI is a trade mark
By Janine Hollesen and Donvay Wegierski, Directors In April, the EU court ruled that the degree of similarity between the marks MASSI and MESSI is not [...]
The Banking Regulation Review
Director, Natalie Scott contributes on The Banking Regulation Review - Edition 9. This ninth edition of The Banking Regulation Review contains chapters provided by authors in 35 countries [...]
Fair selection criteria in retrenchments – can your employer make you re-apply for your job?
By Bradley Workman-Davies, Director and Megan Livingstone, Candidate Attorney In South Africa an employee’s services can be terminated as a result of his/her misconduct or incapacity [...]
Is the reference of “swart man” to a fellow employee racist and derogatory? If so, is a dismissal an appropriate sanction?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Whether referring to a fellow employee as a "swart man" (black man), within a specific [...]
Can you terminate an employee’s fixed-term contract by relying on the termination provision of a contract of employment?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Can an employer rely on the termination provision of an employment contract to terminate an [...]
The Facebook data breach – #thisisyourdigitallife
by Ahmore Burger-Smidt, Head of Data Privacy Practice WHAT MESSAGE DOES THE FACEBOOK DATA BREACH HOLD FOR SOUTH AFRICA AS A SOCIETY AND THE BUSINESS COMMUNITY [...]
Excon and cryptocurrencies
INTRODUCTION In a recent Werksmans Tax Brief (https://bit.ly/2K2emv1) we discussed the current SARS view on the South African tax treatment of cryptocurrencies ("cryptos"). However, an area [...]
INSOL International: Restructuring Options for MSMEs and Proposals for Reform – South Africa
Directors, Nastascha Harduth and Dr. Eric Levenstein contribute on the Special Report on MSME insolvency, giving a holistic South African view. 1. Is there a legal [...]
Restraints of trade
By Bradley Workman-Davies, Director and Megan Livingstone, Candidate Attorney RESTRAINTS OF TRADE A restraint of trade is a provision in a contract of employment that (typically) [...]
Does the inconsistent application of the requirements set out in a promotional post advertisement constitute an unfair labour practice?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Is an employer's failure to consistently apply the requirements set out in a promotional post [...]
Can you dismiss an employee for posting a racist comment on Facebook?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Is a dismissal of an employee who posted alleged racist comments on Facebook substantively fair? [...]
Why failing to revise land policy will fail aspiration of millions
The need for land expropriation must be characterised and understood as being foremost about social justice and a constitutional imperative. It is about the majority's anticipation [...]
Further tightening of Broad Based Black Economic Empowerment rules proposed by Minister of Trade and Industry
On 29 March 2018, the Minister of Trade and Industry published draft amendments to the Broad Based Black Economic Empowerment Codes ("Codes") for public comment. The [...]
Nando’s vs Fernando’s
Nando's Chicken Limited is the proprietor of at least thirty nine UK trade marks and recently served a letter of demand on Fernando's restaurant which is [...]
