Legal updates and opinions
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Whether non-parties to a collective agreement can refer a dispute about the interpretation and application of the collective agreement?
and Pumelela Mniki, Candidate Attorney The issue of whether non-parties to a collective agreement can declare a dispute about its interpretation or application recently came up [...]
Note On The Final Nedlac Report On The Labour Law Reform Process
and Anna Tchalov, Candidate Attorney and Gracie Sargood, Candidate Attorney Following negotiations between organised business, organised labour and government, the National Economic Development and Labour Council [...]
Navigating Section 197 in Public Service contracts: Lessons from the King Cetshwayo District Municipality case
and Mike Searle, Candidate Attorney Introduction : ISSUE In the case of King Cetshwayo District Municipality v Water and Sanitation Services South Africa (Pty) Ltd and [...]
Copycats beware, trade mark registration prevails
In January 2025 Thatchers Cider Company succeeded before the UK Court of Appeal ("CoA") against Aldi Stores Limited, the large multi-national discount retailer. The CoA concluded [...]
ROFR vs ROFO: Navigating Restrictions on the Transfer of Shares in Private Companies
and Emma Reid, Candidate Attorney ABSTRACT A memorandum of incorporation ("MOI") is a company's constitutional document which, amongst other things, governs shareholder rights and [...]
Digital environment, the role of blockchain in sustainability
by Justin Duarte - Candidate Attorney, reviewed by Natalie Scott - Head of Sustainability and Director and Janice Geel - Associate Blockchain technology became available to [...]
New Earnings Threshold
and Isabella Keeves, Candidate Attorney As of 1 April 2025, the annual earnings threshold as stipulated under the Basic Conditions of Employment Act 75 of 1997 [...]
Budget Speech 2025/2026: Tax Overview
By: The Werksmans Tax Team Download PDF INTRODUCTION Minister of Finance Enoch Godongwana was scheduled to deliver his fourth Budget speech of his term on 19 [...]
Technology & AI – in the workplace and beyond
by Preeta Bhagattjee, Director and Head of Technology & Innovation & Bradley Workman-Davies, Director The rapid integration and adoption of artificial intelligence (AI) across various [...]
Debt Review – A lifeline for over-indebted consumers
by Naledi Motsiri- Director and Nothando Nyoni - Candidate Attorney As a result of slow economic growth, high interest rates and the soaring cost of [...]
Claims for Non-payment in terms of Section 73A of the Basic Conditions of Employment Act – An overview of recent cases
by Dakalo Singo, Director and Head of Pro Bono In 2019, the jurisdiction of the Commission for Conciliation, Mediation and Arbitration ("CCMA") was expanded by [...]
Department of Employment and Labour Update: What to expect in relation to the implementation of the Employment Equity sector targets
On 17 February 2025, the Department of Employment and Labour ("DoEL"), held a virtual meeting where various stakeholders and industry players met to discuss and engage on, inter [...]
Relief for cystic fibrosis patients? The Competition Commission Closes Investigation into Vertex Pharmaceuticals
Reviewed by Rudolph Raath, Director "… poverty alleviation, the provision of high-quality education, the best health enhancing facilities or necessities, and the enablement of the best business [...]
Back to the Future: What data protection developments were there in 2024, and what lessons should SA businesses take into 2025 and beyond?
2024 was a big year for data protection in South Africa. The Information Regulator issued various enforcement notices and published draft regulations and guidance notes. There [...]
Electric vehicle tax incentive: what electric vehicle manufacturers should know
by Kyle Fyfe, Director and Janice Geel, Associate Reviewed by Natalie Scott, Director and Head of Sustainability On 24 December 2024, Cyril Ramaphosa, the President of [...]
Are raising fees similar to interest?
The tax court, in a reportable judgment handed down on 13 January 2025, considered whether raising fees are finance charges which are similar to interest, and [...]
National Minimum Wage Increases For 2025
With effect from 1 March 2025, the national minimum wage will be adjusted to R28.79 for each ordinary hour worked. This marks an increase of 4.39% [...]
Housing consumer rights headed in the right direction
Assisted by Alexi Andropoulos, Candidate Attorney On Monday, 27 January 2025, while global news headlines flooded with the Expropriation Bill being enacted a few days prior, [...]
Expropriation Act: Deconstructed and Demystified
President Cyril Ramaphosa signed the Expropriation Bill into law on 23 January 2025. The newly assented to Expropriation Act No. 13 of 2024 ("Expropriation Act") comes [...]
Breaking News – Supreme Court of Appeal Rules on Voting Rights of Post-Commencement Creditors in Business Rescue in Landmark Judgment
The Supreme Court of Appeal (SCA) in Mashwayi Projects (Pty) Ltd v Wescoal Mining (Pty) Ltd has delivered a significant ruling confirming that post-commencement finance (PCF) [...]
Key Updates to the Code of Good Practice on Dismissal: A Comparison of the 2025 Draft and the Original Framework
On 22 January 2025, the Department of Employment and Labour issued a draft update to the Code of Good Practice on Dismissal ("Draft Code") under [...]
Are CCMA and Bargaining Council Subpoenas Meeting Legal Standards? A Closer Look at Substantive Compliance
and Rekgopetše Pula, Candidate Attorney Since inception, the issuance of subpoenas by the Commission for Conciliation, Mediation and Arbitration and Bargaining Councils has been wanting [...]
Privacy. Who is looking after the children?
As we celebrate International Privacy Day on 28 January 2025, we are called to look inward and ask how the Protection of Personal Information Act, 2013 [...]
Can language proficiency policies be used to exclude individuals who lack the required language skills from employment?
Our Constitution recognises 12 official languages and commits to promoting their development and use. Viewed through the lens of language, the Constitution reflects South Africa's aspirations [...]
Hey POPIA, is the publication of a person’s HIV status, positive or negative?
The right to privacy and the rights of public figures came before the court in the case of Tshabalala-Msimang versus Makhanya[1]. In this case, the Sunday [...]
