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Court orders un-redacted documents be provided to SARS
Section 46 of the Tax Administration Act, 2011 (TAA) allows SARS to request 'relevant material' in relation to a taxpayer for the purposes of administering a [...]
The Competition Commission’s Revised Final Public Interest Guidelines: A Critical Framework for Merger Analysis
and Chiara Ferri - Candidate Attorney Introduction The South African Competition Commission ("Commission") has published its final revised Public Interest Guidelines ("the Guidelines") relating to merger [...]
Constitutional Court considers evictions in the inner-city of Cape Town
On 27 February 2024, the Constitutional Court heard oral arguments in the matter of Charnell Commando and Others v City of Cape Town and Another (Abahlali [...]
Newsflash: The Competition Authority of Kenya clarifies the position on Administrative Remedies and Settlement.
and Lwazi-Lwandile Simelane - Candidate Attorney On 21 March 2024, the Competition Authority of Kenya ("the CAK") announced that it had published the Consolidated Administrative Remedies [...]
Large fines show FSCA is focused on enforcement to leave the grey list – a red flag for non-compliant financial services providers as more fines likely
Gone are the days of box-ticking. The FSCA has imposed penalties on financial services providers for non-compliance with FICA The Financial Sector Conduct Authority (FSCA) has [...]
Considerations of a surety relying on the remedies provided in the Insolvency Act
CASE NOTE Introduction On 9 February 2024, the Supreme Court of Appeal in the case of Cohen v Absa Bank Limited [1] delivered a judgment in [...]
New Earnings Threshold
and Danelle Plaatjies - Candidate Attorney On 5 March 2024 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, published a Government Gazette providing for the [...]
Regulator or Legislature?
The Information Regulator ("Regulator") issued its first Enforcement Notice regarding non-compliance with the direct marketing provisions of the Protection of Personal Information Act 4 of 2013 ("POPIA") against FR [...]
Online brand protection practices for brand owners
Online shopping is prevalent due to the ease and convenience with which consumers can purchase goods or services. Consumer decisions to purchase branded goods or services [...]
Zambia introduces welcomed revisions in the Trade Marks Bill 2023
Zambia's Trade Mark Legislation is currently the Trade Marks Act (Chapter 401) 1958 ("TM Act") and in 2023 the Trade Marks Bill 2023 ("TM Bill 2023") [...]
South Africa’s Greylisting: Regulatory authorities make progress on the Financial Action Task Force recommendations
Introduction It has been over a year since the Financial Action Task Force ("FATF") announced that South Africa had been added to the FATF's greylist [...]
Is your business struggling? Liquidation or Business Rescue are not the only options: The Section 155 Compromise
and researched by Thabani Dlamini - Candidate Attorney Introduction When your business is struggling and creditors are knocking down the door, the primary focus has traditionally [...]
Be careful what you wish for: Lessons from the LAC
On 13 October 2021 the Labour Court ("LC") found the dismissal of the employee to be automatically unfair. This was after the Labour Court found that [...]
An extension of the Parate Executie principle in the liquidation context
Emontic Investments (Pty) Ltd v Bothomley and Others[1] Introduction A Parate Executie clause is generally regarded as an impermissible contractual provision which envisages a secured creditor [...]
Pro Bono Matters
In the past year, our pro bono team and other lawyers from Werksmans worked on a variety of matters across different legal fields. The following are [...]
Business Rescue Trends in 2024 and Beyond
Brandon Starr - Candidate Attorney and Caitlin Steytler - Candidate Attorney With looming elections now scheduled for 29 May 2024, persistent loadshedding, elevated interest rates and [...]
Pro Bono Articles
Five tips to optimise your first consultation with an attorney READ Coercive and Controlling Behaviour in the Domestic Violence Act READ An Overview of the [...]
Budget Speech 2024/2025: 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 [...]
Chambers Global Rankings – 2024 Edition
Congratulations to all our ranked lawyers for maintaining the Firms' excellence in the global legal fraternity. Ranked across 19 practices areas with 37 individual lawyer rankings, [...]
COMESA’s first ever fine for Anti-Competitive Business Practices
By Nkonzo Hlatshwayo Director, Phuti Mashalane Director and Chiara Ferri, Candidate Attorney The COMESA Competition Commission ("CCC") is clamping down as they issue their first fine [...]
Employment Equity Act: Draft Regulations on Proposed Sectoral Numerical Targets
and Hanán Jeppie, Candidate Attorney On 1 February 2024, the Minister of Employment and Labour, Thembelani Waltermade Nxesi, ("Minister”) published, by way of Government Gazette, the [...]
Take note and prepare to comment – Proposed Amendments to the COMESA Competition Regulations
and Chiara Ferri, Candidate Attorney On 24 January 2024, the COMESA Competition Commission ("CCC") published its Draft COMESA Competition and Consumer Protection Regulations ("Draft Regulations"). COMESA [...]
A Snapshot of COP28: the good, the bad and the promising
It has been almost two months since the United Nations ("UN") Climate Change Conference of the Parties to the UN Framework Convention on Climate Change 2023 [...]
SARS Binding Private Ruling 399: Replacing an asset shortly after its acquisition under an asset-for-share transaction
and Luke Magerman, Candidate Attorney A recent ruling published by SARS deals with the anti-avoidance implications of the disposal of an asset by a company shortly [...]
Privacy: human right or fallacy in the digital world?
"The real question is, when will we draft an artificial intelligence bill of rights? What will that consist of? And who will get to decide that?" [...]
