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Understatement penalties: what is a bona fide inadvertent error?
INTRODUCTION The Tax Administration Act No 28 of 2011 (TAA) introduced the understatement penalty regime with effect from 1 October 2012. Under this regime, penalties [...]
The LAC rules on the TES deeming provision
THE CLIENT BECOMES THE SOLE EMPLOYER WHEN THE DEEMING PROVISION KICKS IN INTRODUCTION In NUMSA v Assign Services & others, handed down on 10 July [...]
The validity of automatic termination clauses in contracts of employment
ISSUE(S) Whether the employee was unfairly dismissed after his appointment letter was automatically terminated because of a provision stating that his offer of employment was [...]
Holding onto land: the regulation of Agricultural Land Holdings Bill
INTRODUCTION During the 2016 State of the Nation Address, the president of the Republic of South Africa first announced that a Bill regulating the ownership [...]
And now for something completely different (or not?)
INTRODUCTION With effect from 1 June 2017 the Medicines and Related Substances Amendment Act No. 72 of 2008 ("the Amendment Act") came into force by [...]
Director, Nastascha Harduth, becomes the first female fellow of INSOL international in SA
The on-going global financial crisis, recent confirmation by STATSSA that South Africa is in a technical recession and the globalization of business will result in South [...]
It’s not me, it’s you: incompatibility as a ground for dismissal
"An employer has the prerogative to set reasonable standards pertaining to the harmonious interpersonal relationships in the workplace" – words by Mokgoatlheng AJ in the case of [...]
The binding nature of collective agreements on minority unions
ISSUE(S) Whether a collective agreement concluded between a majority union and an employer, but extended to a minority union, can prevent the minority union from [...]
Minister issues new Code of Good Practice on the preparations and implementation of the Employment Equity plan
On 12 May 2017 notice was given, by way of Government Gazette, in accordance with section 54 of the Employment Equity Act ("EEA"), that the Minister [...]
Telecommunication, economic growth and regulatory intervention
INTRODUCTION On 24 May 2017, Dr. Siyabonga Cwele, the Minister of Telecommunications and Postal Services delivered his department's 32nd budget vote to Parliament. During his [...]
The importance of trade mark and domain name registration
The launch of the .Africa domain name is currently underway as referred to in the last two editions of our newsletter, LegalWerks. All domain name applications [...]
Tax avoidance could be a tax trap
INTRODUCTION In 2016, the Income Tax Act ("the Act") was amended to provide for a further tax burden where (by and large) individuals had advanced [...]
Private dispute resolution – on the rise, and why not?
More and more private companies and individuals are turning to private resolution of their disputes for a variety of reasons – efficiency and speed are key, [...]
Inadequacy of law in the digital age
Technology is advancing much more quickly than most people anticipated even a decade ago. This begs the question as to whether or not our social, economic [...]
Competing in a vacuum or not
INTRODUCTION In a modern day society, thanks to technological advancements, information is readily accessible to anyone at any time. No business can compete in [...]
Wheels in motion – the public passenger transport market inquiry
INTRODUCTION The Competition Commission ("Commission") has launched yet another market inquiry. In this instance, the focus is on the public passenger transport market. The Commission [...]
The implementation of the BEPS multilateral instrument in South Africa
INTRODUCTION The implementation of the Base Erosion and Profit Shifting (BEPS) Multilateral Instrument in South Africa is progressing. On 5 October 2015, the OECD released [...]
Employment Equity Act compliance
There has been a recent increase in the number of employment equity audits conducted by the Department of Labour on designated employers. The reason for this [...]
Application for registration of a bargaining council: private security sector
On 13 April 2017 ("Notice Date") the Department of Labour gave notice in the government gazette of receipt of an application for registration of a bargaining [...]
Sexual harassment: employers beware
ISSUE(S) In what circumstances an employer may be held liable for sexual harassment committed by one of its employees in terms of the Employment Equity [...]
Employment of foreigners
Recently former Home Affairs Minister, Malusi Gigaba, announced that the Department of Home Affairs will move to punish employers who employ persons with illegal documents or [...]
Motor industry bargaining council: extension to non-parties
On 7 April 2017, the Minister of Labour gave notice that in terms of the relevant provisions of the Labour Relations Act 66 of 1995, as [...]
Company directorship-declaring directors delinquent when trading a company in insolvent circumstances
In these turbulent economic times, and particularly with overt pressure on the Rand and with the recent downgrade of South Africa to "junk status", directors of [...]
From number plates to school uniforms: beware of exclusive contracts.
From a commercial perspective, it often makes sense for a company to determine its optimal route to market and to enter into exclusionary arrangements with its [...]
Yet another dawn raid – but do you know all the facts?
On 16 March 2017, the Competition Commission ("Commission") issued a press release welcoming the outcome of the proceedings in the High Courts of South Africa, KwaZulu‑Natal [...]
