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# Werksmans Attorneys

Corporate and Commercial Law Firm

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- [Blog](https://werksmans.com/blog/) - Are all parents created equal: The Constitutional Court confirms the invalidity of legislation relating to forms of parental leaveBy Kerry Fredericks, Thembelihle Tshabalala|2025-10-16T15:35:10+00:00October 16th, 2025|Categories: Legal updates and opinions|Read More Bafana Bafana’s World Cup qualification hanging by a threadBy Brendan Olivier|2025-10-03T12:34:38+00:00October 3rd, 2025|Categories: Legal updates and opinions|Read More ESG, the key to sustaining the construction
- [Are all parents created equal: The Constitutional Court confirms the invalidity of legislation relating to forms of parental leave](https://werksmans.com/are-all-parents-created-equal-the-constitutional-court-confirms-the-invalidity-of-legislation-relating-to-parental-leave/) - In the recent highly anticipated Constitutional Court judgment of Van Wyk and Others v The Minister of Employment and Labour and Others (CCT 308/23) [2025] ZACC 20 handed down on 3 October 2025, the Constitutional Court, inter alia, confirmed the judgment of Deputy Judge President Sutherland of the High Court of South Africa which found
- [Cracking Down or Catching Up? South Africa’s Approach to Crypto Regulation: Part 1 – Payments](https://werksmans.com/cracking-down-or-catching-up-south-africas-approach-to-crypto-regulation-part-1-payments/) - by Armand Swart, Director, Hilah Laskov, Director and Hlonelwa Lutuli, Associate Introduction Crypto assets (“crypto“) exist in a unique regulatory space. Unlike traditional currency, crypto is not issued by central banks. Crypto can however be used in similar ways to traditional currency: they can be traded, used for payments, investing, security or capital raising. No
- [Cracking Down or Catching Up? South Africa’s Approach to Crypto Regulation: Part 2 – Financial Services and FICA](https://werksmans.com/cracking-down-or-catching-up-south-africas-approach-to-crypto-regulation-part-2-financial-services-and-fica/) - Crypto assets ("crypto") exist in a unique regulatory space. Unlike traditional currency, crypto is not issued by central banks. Crypto can however be used in similar ways to traditional currency: it can be traded, used for payments, investing, security or capital raising. No single law governs crypto in South Africa. Instead, regulation is fragmented across
- [SME cashflow threats: ensuring that your security offers a protection against payment default](https://werksmans.com/sme-cashflow-threats-ensuring-that-your-security-offers-a-protection-against-payment-default/) - by Brendan Olivier, Director It's becoming all-too-common: an SME that provides goods and services on credit to a major supplier or customer, is suddenly and unexpectedly on the receiving end of a payment default. Not being paid can break an SME. Those SMEs which take pre-emptive steps, can minimise the shockwave caused by a default.
- [Bafana Bafana's World Cup qualification hanging by a thread](https://werksmans.com/bafana-bafanas-world-cup-qualification-hanging-by-a-thread/) - by Brendan Olivier, Director and Daniel Gewer, Candidate Attorney Bafana Bafana's prospects of taking to the field at next year's FIFA Mens' World Cup in North America have been dealt a potentially fatal blow, following the recent punishment meted out by FIFA's Disciplinary Committee. The national team had picked up 3 points following a fairly
- [ESG, the key to sustaining the construction sector?](https://werksmans.com/esg-the-key-to-sustaining-the-construction-sector/) - by Justin Duarte, Candidate Attorney, reviewed by Natalie Scott, Director and Head of Sustainability and Jennifer Smit, Director and Head of Construction & Engineering The construction industry in South Africa has been faced with a number of challenges in recent years which has inhibited its ability to grow. The output of the industry contracted by
- [SME cashflow threats: ensuring that your contracts are worth more than the paper they are written on](https://werksmans.com/sme-cashflow-threats-ensuring-that-your-contracts-are-worth-more-than-the-paper-they-are-written-on/) - by Brendan Olivier, Director When a key commercial supplier, or valued customer that is benefiting from long-standing payment terms and a line of credit, suddenly defaults on its payment obligations, it can be a disaster for the SME that has provided the goods and services on credit. SMEs which take pre-emptive steps, often survive the
- [The Road Ahead: The SCA Gives Green Light to Vehicle Lenders "On the Road Fees" Under the NCA - Subject to Strict Disclosure Requirements](https://werksmans.com/the-road-ahead-the-sca-gives-green-light-to-vehicle-lenders-on-the-road-fees-under-the-nca-subject-to-strict-disclosure-requirements/) - by Armand Swart, Director In a recent judgment, the Supreme Court of Appeal ("SCA") considered if, in terms of the National Credit Act No 34 of 2005 ("NCA"), a credit provider could include (and ergo finance) "on the road fees" ("OTR") in a vehicle instalment sale agreement. The SCA clarified that the NCA did not
- [Career advice for young lawyers](https://werksmans.com/career-advice-for-young-lawyers/) - By Thomas Karberg Tips and guidance for young people interested in pursuing a career in law, including education and professional development opportunities. Embarking on a career in the legal field is as challenging as it can be rewarding. The legal field required dedication, perseverance, and commitment to continuous growth. So, what can a student or
- [Legal trends for the youth](https://werksmans.com/legal-trends-for-the-youth/) - By Siphosethu Zazela and Thomas Karberg An overview of current legal trends affecting young people. In today’s rapidly changing world, the legal profession is continuously evolving to adapt to economic, cultural, and political trends. It is crucial for lawyers who want to remain responsive to their clients’ ever-changing legal needs, as well as for students
- [Entrepreneurship and the law](https://werksmans.com/entrepreneurship-and-the-law/) - By Slade van Rooyen Trading under the influence – social media, small business and South African law. Unleashing the potential of social media for emerging entrepreneurs: Navigating the legal landscape. The remarkable triumph of major corporations in leveraging social media to connect with consumers and promote their brands has sparked a desire among aspiring entrepreneurs
- [Life as a young lawyer](https://werksmans.com/life-as-a-young-lawyer/) - By Lwazi – Lwandile Simelane An inside look at the daily life of young lawyers, including work-life balance, networking, and professional growth. As the clock strikes 06:00, my alarm clock jolts me awake, and with it comes a surge of excitement. I drag myself out of bed, shedding away any remnants of grogginess, as I
- [The Future of Law & Technology](https://werksmans.com/the-future-of-law-technology/) - By Amogelang Magano Embracing the synergy of law and technology: The future of legal practice. The rapid expansion of technology and AI-powered tools is transforming various industries worldwide, leading to a pivotal question within the legal services sector: Will the rise of artificial intelligence, automation, and digitisation make the traditional legal system and the role
- [To dismiss or not to dismiss – That is the operational question](https://werksmans.com/to-dismiss-or-not-to-dismiss-that-is-the-operational-question/) - by Bradley Workman-Davies, Director The recent Labour Court judgment in Inxuba Yethemba Municipality v Msweli & others underscores two important principles for both employers and commissioners at the CCMA: firstly, that dismissal is an operational business assessment even when the reason for the dismissal is the misconduct of the employee, rather than an expression of moral outrage
- [When a withdrawal doesn’t really withdraw: Provisional liquidation is not set aside by withdrawal](https://werksmans.com/when-a-withdrawal-doesnt-really-withdraw-provisional-liquidation-is-not-set-aside-by-withdrawal/) - by Walid Brown, Director and Nombulelo Bashe, Associate Introduction We were recently reprimanded by an opponent for having the temerity to insist on a final liquidation order on behalf of a client, after the applicant in the insolvency proceedings had already elected to withdraw. This brought to mind the recent decision of the Northwest Division
- [National Minimum Wage Act: What employers need to know about the 2026 review](https://werksmans.com/national-minimum-wage-act-what-employers-need-to-know-about-the-2026-review/) - by Andre van Heerden, Director, Bradley Workman-Davies, Director and Jacques van Wyk, Director South Africa’s National Minimum Wage Act (NMWA) has been in force since 2019 and continues to shape the wage landscape for employers across all industries. The legislation sets the statutory floor below which no employee may be paid and requires annual
- [Signed, sealed and settled](https://werksmans.com/signed-sealed-and-settled/) - by Bradley Workman-Davies, Director and Isabella Keeves, Candidate Attorney Where the continuation of the employment relationship between an employer and employee breaks down, the parties may reciprocally agree to amicably part ways and usually enter into termination and settlement agreement. Under such an agreement the employee gives up the right to refer a dispute about
- [The slippery slope of financial distress](https://werksmans.com/the-slippery-slope-of-financial-distress/) - by Eric Levenstein, Director and Head of Insolvency and Business Rescue and Brendan Olivier, Director Negative economic news stories appear in the media on a daily basis, and seemingly each day brings word of yet more company closures, with more jobs being shed, and with the general consensus that the South African economy is
- [Balancing union duties and job performance: Association of Mineworkers & Construction Union obo Ntuli v Ferroglobe Silicon Smelters (Pty) Ltd](https://werksmans.com/balancing-union-duties-and-job-performance-association-of-mineworkers-construction-union-obo-ntuli-v-ferroglobe-silicon-smelters-pty-ltd/) - by Jacques van Wyk, Director and Mike Searle, Candidate Attorney In the construction and engineering sectors, senior employees often juggle high-stakes operational responsibilities with union leadership roles. A recent Labour Court decision, Association of Mineworkers & Construction Union obo Ntuli v Ferroglobe Silicon Smelters (Pty) Ltd, offers clear guidance on where the line is
- [If SA wants to foster private equity, it must craft clear, consistent rules for preference shares – and then stick to them.](https://werksmans.com/if-sa-wants-to-foster-private-equity-it-must-craft-clear-consistent-rules-for-preference-shares-and-then-stick-to-them/) - by Shayne Krige, Director and Head of Investment Funds First published on CityWire South Africa South Africa is grappling with a persistent budget shortfall, and National Treasury is under pressure to raise revenue wherever it can. A proposal made on 16 August to reclassify preference share dividends as income was withdrawn on 3 September, but
- [You can’t have it both ways: Contractors who act like businesses must live with the consequences](https://werksmans.com/you-cant-have-it-both-ways-contractors-who-act-like-businesses-must-live-with-the-consequences/) - by Bradley Workman-Davies, Director When you run your work as a business, invoice for your services, and elect to skip the obligations that come with being an employee, you cannot turn around and claim employee protection when the relationship ends. The Labour Appeal Court in Sun International Management Ltd t/a Wild Coast Sun v
- [New Code of Good Practice: Dismissal](https://werksmans.com/new-code-of-good-practice-dismissal/) - by Anastasia Vatalidis, Director and Anna Tchalov, Associate On 4 September 2025, the new Code of Good Practice: Dismissal ("New Code") came into effect. The New Code repeals and replaces the old Code of Good Practice: Dismissal and the Code of Good Practice Based on Operational Requirements, consolidating dismissals for misconduct, incapacity and operational requirements into
- [Reinstatement – not always fair](https://werksmans.com/reinstatement-not-always-fair/) - by Bradley Workman-Davies, Director South Africa’s labour law often elevates reinstatement as the primary remedy for unfair dismissal, but reinstatement does not automatically serve justice. The Labour Appeal Court recently reminded us that reinstatement is not appropriate when an employee’s misconduct destroys the foundation of trust that holds the employment relationship together. The CCI
- [Tanzania introduces Trade Mark Rights Recordation for all imports](https://werksmans.com/tanzania-introduces-trade-mark-rights-recordation-for-all-imports/) - by Donvay Wegierski, Director and Andreya John, Candidate Attorney As of 1 December 2025, in an initiative administered by the Fair Competition Commission ("FCC"), Tanzania will implement Trade Marks Rights Recordation as a precondition for marks relating to goods which are imported into mainland Tanzania. This is in accordance with Section 11A of the Merchandise
- [CPD Accredited Seminar - The Current State of NHI in South Africa](https://werksmans.com/cpd-accredited-seminar-the-current-state-of-nhi-in-south-africa/) - Join Werksmans Attorneys for an exclusive CPD accredited seminar on the current state of National Health Insurance (NHI) in South Africa. Although the NHI Act has been formally enacted, its implementation remains pending. Our legal specialists will unpack current developments on the NHI, draft regulations published purportedly under the NHI Act as well as the
- [Business Rescue - SARS Liability Arises on the Transaction, Not the Assessment - The Henque Case](https://werksmans.com/business-rescue-sars-liability-arises-on-the-transaction-not-the-assessment-the-henque-case/) - By Eric Levenstein - Director and Head of Insolvency & Business Rescue, Amy Mackechnie - Senior Associate and Kaymana Han - Candidate Attorney On 12 May 2025, the Supreme Court of Appeal delivered a judgment in Henque 3935 CC t/a PQ Clothing Outlet v Commissioner for the South African Revenue Service [2025] ZASCA 56 that
- [Do shareholders need any reasons whatsoever, to remove a director from the board of a company?](https://werksmans.com/do-shareholders-need-any-reasons-whatsoever-to-remove-a-director-from-the-board-of-a-company/) - Author: Brendan Olivier, Director, Insolvency & Business Rescue In the recent decision of Weir v Wiehahn Formwork Solutions (Pty) Ltd & others, the High Court was faced with a fairly simple question: do shareholders who seek to remove a director from a company's board in terms of a shareholders' meeting, need to give that director
- [Troubled waters and looming distress as we enter the second half of 2025](https://werksmans.com/troubled-waters-and-looming-distress-as-we-enter-the-second-half-of-2025/) - by Brendan Olivier, Director Much has been written and said about the dangers posed to South Africa’s economy, by outside factors and macro-economic influences. These dangers include the soaring costs of international trade, the continued notorious volatility of the local currency, political unpredictability, and a potential slow-down in the global economy. Closer to home, some
- [What Does the Domestic Violence Act Say About Gaslighting?](https://werksmans.com/what-does-the-domestic-violence-act-say-about-gaslighting/) - By Dakalo Singo (Director, Head of Pro Bono Practice) The short answer: nothing! But that is not the end of the enquiry. While gaslighting is not specifically mentioned in the Domestic Violence Act 116 of 1998, it arises in circumstances which are provisioned for in the Act. This article briefly examines those circumstances. By definition,
- [Swimming upstream - the case for assisting the struggling SME](https://werksmans.com/swimming-upstream-the-case-for-assisting-the-struggling-sme/) - Whilst there have been a handful of instances where we have been told, genuinely and somewhat accurately, that we've never had it so good, the unfortunate reality is that another widespread saying is, more often than not, applicable: times are tough, and they will likely stay tough, or worsen. There is little doubt that the
- [Understanding Domestic Violence – Why it is difficult to leave an abusive relationship](https://werksmans.com/understanding-domestic-violence-why-it-is-difficult-to-leave-an-abusive-relationship/) - By Dakalo Singo (Director, Head of Pro Bono Practice) Introduction People in abusive relationships are often asked: "Why don't you just leave?". While this base question is simple, the answer is decidedly complicated. Understanding the complexities involved requires an interrogation of the underlying relational dynamics. Several models and theories have been formulated to analyse the
- [Copyright and Artificial Intelligence in South Africa: Rethinking Authorship and Originality in the Digital Age](https://werksmans.com/copyright-and-artificial-intelligence-in-south-africa-rethinking-authorship-and-originality-in-the-digital-age/) - by Janine Hollesen, Director & Head of Intellectual Property, Preeta Bhagattjee, Director & Head of Technology & Innovation, and Malique Ukena, Candidate Attorney Introduction Artificial Intelligence’s (“AI“) rapid development presents both innovation opportunities and legal challenges, especially in intellectual property (“IP“). As AI systems produce increasingly valuable outputs, questions arise about who, if anyone, can claim ownership,
- [Blacklisting in South Africa – A Women’s Month Crash Course](https://werksmans.com/blacklisting-in-south-africa-a-womens-month-crash-course/) - By Naledi Motsiri (Director) and S'nenhlanhla Lushaba (Candidate Attorney) August, celebrated as Women’s Month in South Africa, is a time to reflect on the daily challenges women face in asserting their rights and accessing opportunities. While gender‑based violence ("GBV") is often understood in terms of physical or emotional abuse, economic abuse is another pervasive form
- [Access to Justice - Standing with Women Beyond Women's Month](https://werksmans.com/access-to-justice-standing-with-women-beyond-womens-month/) - By Naledi Motsiri (Director) and Nothando Nyoni (Associate) As Women's Month draws to an end, it is worth reflecting on the measures society has taken to protect women and other vulnerable groups against gender-based violence ("GBV"). It goes without saying that combating GBV cannot only be the responsibility of government. Every sector, including the legal
- [A welcome step towards legislative reform of Class Actions in South Africa](https://werksmans.com/a-welcome-step-towards-legislative-reform-of-class-actions-in-south-africa/) - Current regulatory framework for class actions in South Africa The South African Law Commission (as it was known at the time) published a report in August 1998 on class actions and public interest actions entitled "The recognition of class actions and public interest actions in South African Law" Project 88 (1998) ("the 1998 Report"). It
- [The Consequences of Lessons not Learnt – A Cautionary POPIA Tale](https://werksmans.com/the-consequences-of-lessons-not-learnt-a-cautionary-popia-tale/) - by Dakalo Singo, Director & Head of Pro Bono and Ahmore Burger-Smidt, Director & Head of Regulatory “All men make mistakes, but a good man yields when he knows his course is wrong, and repairs the evil. The only crime is pride.” — Sophocles In a disturbing case of history repeating itself, the South African Police
- [The Clock is Ticking on Unfair Labour Practice Referrals – Labour Court Confirms They Are One-Time Events](https://werksmans.com/the-clock-is-ticking-on-unfair-labour-practice-referrals-labour-court-confirms-they-are-one-time-events/) - by Bradley Workman-Davies, Director In the recent case of NEHAWU obo Makhubele & others v Ramalatso NO & others , the Labour Court reaffirmed that disputes over unfair labour practices must be referred to the Commission for Conciliation, Mediation and Arbitration (CCMA) within 90 days of the employee becoming aware of the alleged act. In this case the
- [No! It is NOT all about consent!](https://werksmans.com/no-it-is-not-all-about-consent/) - by Ahmore Burger-Smidt, Director & Head of Regulatory “I believe that a guarantee of public access to government information is indispensable in the long run for any democratic society…. if officials make public only what they want citizens to know, then publicity becomes a sham and accountability meaningless.” – Sissela Bok, 1982. On 1 August
- [AI-Hallucinated Case Law](https://werksmans.com/ai-hallucinated-case-law/) - Appellate court to trial judge: You know these cases are made up, right? by Ahmore Burger-Smidt, Director and Head of Regulatory Research is Difficult and Time-Consuming Over the past year, we have read more than once of lawyers referencing non-existent cases before courts in various countries. Lawyers have made apologies, and judges have been outspoken.
- [Back to the Future: What data protection developments were there in 2024, and what lessons should SA businesses take into 2025 and beyond?   ](https://werksmans.com/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 were also sector-specific developments in the financial services, payments, and healthcare spaces. We also saw movement in relation to AI and direct marketing. This article examines these key developments
- [Budget Speech 2024/2025: Tax Overview](https://werksmans.com/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 February 2024 and the first under the Government of National Unity (GNU). However, at the eleventh hour it became apparent that the proposed revenue generating policy of increasing the
- [A Guide to The Johannesburg High Court – dedicated Insolvency Court Project](https://werksmans.com/a-guide-to-the-johannesburg-high-court-dedicated-insolvency-court-project/) - Published On: April 11th, 2025 by Eric Levenstein, Director and Head of Business Rescue & Insolvency, Amy Mackechnie, Senior Associate and Kaymana Han, Candidate Attorney INTRODUCTION 1. In a landmark step to revolutionise insolvency litigation in South Africa, the Johannesburg High Court has launched a Pilot Dedicated Insolvency Court. Effective from 14 April 2025, this
- [Sports Betting Opportunity: Mpumalanga Economic Regulator Invites Proposals for Bookmaker Licences](https://werksmans.com/sports-betting-opportunity-mpumalanga-economic-regulator-invites-proposals-for-bookmaker-licences/) - Introduction The Mpumalanga Economic Regulator has published a notice that it intends to invite proposals for Bookmaker Licences in terms of a Request For Proposals For Bookmaker Licences. It extends to online and land-based betting, including sports betting. The purpose of the RFP is to invite proposals for bookmaker licences and to indicate the process,
- [Managers, who are members/representatives of a trade union, are still required to fulfil their contractual obligations to their employer](https://werksmans.com/managers-who-are-members-representatives-of-a-trade-union-are-still-required-to-fulfil-their-contractual-obligations-to-their-employer-2/) - by Andre van Heerden, Director and Hannah Fowler, Candidate Attorney Introduction In Association of Mineworkers and Construction Workers Union obo Ntuli v Ferroglobe Silicon Smelters (Pty) Ltd, the Labour Court (“LC”) had to determine whether the Applicant’s (“Ntuli”) dismissal was automatically unfair, in that it was related to his participation in trade union activities, or otherwise unfair.
- [Can language proficiency policies be used to exclude individuals who lack the required language skills from employment?](https://werksmans.com/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 and unwavering commitment to fostering an inclusive society that embraces our diverse, multicultural, and multiethnic heritage-a land that truly belongs to all who live in it. These aspirations are
- [Privacy. Who is looking after the children?](https://werksmans.com/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 ("POPIA") has impacted South African society. But more so, has POPIA introduced greater protection for our children? The world children live in is dominated by social network services and
- [Are CCMA and Bargaining Council Subpoenas Meeting Legal Standards? A Closer Look at Substantive Compliance](https://werksmans.com/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 for substantive compliance with the requirement of necessity as set out in Rule 37(1) of the rules of the CCMA. These subpoenas have been there for the taking for
- [Key Updates to the Code of Good Practice on Dismissal: A Comparison of the 2025 Draft and the Original Framework](https://werksmans.com/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 the Labour Relations Act 66 1995 ("LRA"). The Draft Code appears to build on Schedule 8 to the LRA and certain aspects of the LRA itself. This article explores
- [Breaking News - Supreme Court of Appeal Rules on Voting Rights of Post-Commencement Creditors in Business Rescue in Landmark Judgment](https://werksmans.com/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) providers have a voting interest in business rescue proceedings. The case concerned the interpretation of Chapter 6 of the Companies Act 71 of 2008 (the Act) and whether post-commencement
- [Expropriation Act: Deconstructed and Demystified](https://werksmans.com/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 50 years since the implementation of the old 1975 Expropriation Act ("1975 Act"). The content contained in the new version of the Act has gone through a myriad of iterations,
- [Housing consumer rights headed in the right direction](https://werksmans.com/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, President Cyril Ramaphosa also quietly signed the Housing Consumer Protection Bill ("the New Act") into law, which warrants commendation. The Housing Consumers Protection Measures Act, 95 of 1998 commenced
- [National Minimum Wage Increases For 2025](https://werksmans.com/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% from R27.58 in 2024. This adjusted national minimum wage applies equally to farm workers and domestic workers, who until 2022 had a differentiated national minimum wage. For workers employed
- [Are raising fees similar to interest?](https://werksmans.com/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 therefore, tax-deductible on the same basis as interest. The tax dispute centred around the tax deductibility of raising fees incurred by the taxpayer when it financed and refinanced
- [Electric vehicle tax incentive: what electric vehicle manufacturers should know](https://werksmans.com/electric-vehicle-tax-incentive-what-electric-vehicle-manufacturers-should-know/) - Reviewed by Natalie Scott, Director and Head of Sustainability On 24 December 2024, Cyril Ramaphosa, the President of the Republic of South Africa, signed the Taxation Laws Amendment Act No. 42 of 2024, which introduces a significant tax incentive aimed at promoting the production of battery electric and hydrogen-powered vehicles in South Africa. This
- [Relief for cystic fibrosis patients? The Competition Commission Closes Investigation into Vertex Pharmaceuticals](https://werksmans.com/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 environment and job opportunities, would all be a pipe dream in the absence of an inclusive, ethical, truly human rights-oriented and vibrant or prosperous economy. This is what the
- [Department of Employment and Labour Update: What to expect in relation to the implementation of the Employment Equity sector targets](https://werksmans.com/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 alia, the employment equity sector targets for the Professional, Scientific and Technical Sector. This meeting comes off the back of the Employment Equity Amendment Act 4 of 2022 ("EEAA")
- [Claims for Non-payment in terms of Section 73A of the Basic Conditions of Employment Act - An overview of recent cases](https://werksmans.com/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 the introduction of section 73A of the Basic Conditions of Employment Act, 1997 ("BCEA"). Essentially, section 73A entitles certain employees and workers - whose income does not exceed the
- [Debt Review – A lifeline for over-indebted consumers](https://werksmans.com/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 living, many South African households have had to rely on credit to make ends meet. The unfortunate result is that a large number of consumers are currently struggling to
- [Technology & AI  - in the workplace and beyond](https://werksmans.com/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 industries and sectors is transforming the way businesses operate, driving efficiency, innovation and cost savings and with its prolific progress, AI is reshaping the workplace at an unprecedented pace,
- [Budget Speech 2025/2026: Tax Overview](https://werksmans.com/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 February 2024 and the first under the Government of National Unity (GNU). However, at the eleventh hour it became apparent that the proposed revenue generating policy of increasing the
- [New Earnings Threshold](https://werksmans.com/new-earnings-threshold-2/) - 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 (“BCEA”) will increase from R254,371.67 per year to R261,748.45 per year. This increase has arisen from the recent publication of the Government Gazette on 7 March 2025 by the
- [Digital environment, the role of blockchain in sustainability](https://werksmans.com/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 the public in 2009 when Bitcoin was released.[1] The technology used a vast amount of electricity,[2] the majority of which was consumed in the People's Republic of China, a
- [Copycats beware, trade mark registration prevails](https://werksmans.com/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 that Aldi's use of Taurus Cloudy Lemon Cider on its lemon cider cans and cardboard packaging infringes Thatchers Cloudy Lemon Cider, a registered UK trade mark. "Aldi Sign"
- [Navigating Section 197 in Public Service contracts: Lessons from the King Cetshwayo District Municipality case](https://werksmans.com/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 others the Labour Appeal Court ("LAC") had to determine whether there had been a transfer of a business in terms of section 197 of the Labour Relations Act 66
- [ROFR vs ROFO: Navigating Restrictions on the Transfer of Shares in Private Companies](https://werksmans.com/rofr-vs-rofo-navigating-restrictions-on-the-transfer-of-shares-in-private-companies/) - and Emma Reid, Candidate Attorney INTRODUCTION The Companies Act, No. 71 of 2008 ("the Companies Act") requires that a private company's Memorandum of Incorporation ("MOI") must restrict the transferability of the shares in such a company. This can be achieved through various mechanisms, such as providing for a right of first refusal ("ROFR") or a
- [Note On The Final Nedlac Report On The Labour Law Reform Process](https://werksmans.com/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 ("NEDLAC") Report on the Labour Law Reform Process ("NEDLAC Report") together with four proposed amendment bills ("Amendment Bills") have been published and submitted to the Minister of Employment and
- [Whether non-parties to a collective agreement can refer a dispute about the interpretation and application of the collective agreement?](https://werksmans.com/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 for consideration by the Labour Appeal Court (LAC) in SACOSWU V Minister of Justice and Correctional Services et al. The background of the matter is that a dispute about
- [Breaking News as the Minister of Employment and Labour publishes much anticipated Sectoral Targets and accompanying Regulations](https://werksmans.com/breaking-news-as-the-minister-of-employment-and-labour-publishes-much-anticipated-sectoral-targets-and-accompanying-regulations/) - by Anastasia Vatalidis - Director, Kerry Fredericks - Director and Gracie Sargood - Candidate Attorney The Employment Equity Amendment Act No.4 of 2022 (“EEAA“) which came into operation on 1 January 2025, inter alia, empowered the Minister of Employment and Labour ("the Minister") to set sectoral targets for specific, identified sectors/industries ("Sectoral Targets") in terms of section 15A
- [Remedies in respect of decisions made under the MPRDA: there are no quick fixes](https://werksmans.com/remedies-in-respect-of-decisions-made-under-the-mprda-there-are-no-quick-fixes/) - Mineral and Petroleum Resources Development Act (MPRDA) When it comes to appealing against or reviewing administrative decisions under the Mineral and Petroleum Resources Development Act (MPRDA), the wheels of administrative justice tend to grind slowly. However, mining and exploration companies need to understand the process to achieve results. The backlog in internal appeals under the MPRDA is growing daily
- [Proposed R100 Billion Transformation Fund Will Have Significant Implications For Broad-Based Black Economic Empowerment ("Bbbee") Regulation In South Africa](https://werksmans.com/proposed-r100-billion-transformation-fund-will-have-significant-implications-for-broad-based-black-economic-empowerment-bbbee-regulation-in-south-africa/) - On 19 March 2025, the Department of Trade, Industry and Competition ("DTIC") issued a draft Transformation Fund Concept Document for public comment. The proposed Fund was first announced by the Minister of Trade, Industry and Competition ("Minister") in January 2025 and involves raising R100 billion over 5 years for the purposes of supporting firms that
- [Labour Court Upholds Enforceability of Restraint of Trade Agreements](https://werksmans.com/labour-court-upholds-enforceability-of-restraint-of-trade-agreements/) - and Hannah Fowler, Candidate Attorney In the recent case of SMD Technologies (Pty) Ltd v Tavares and Another ([2024] ZALCJHB 546), the Labour Court reaffirmed the enforceability of restraint of trade agreements in South African employment law, emphasizing the necessity for such restraints to be reasonable and to protect legitimate business interests. SMD Technologies ("SMD")
- [FICA: Proposed changes to Public Compliance Communication 50 and Directive 3 previously issued by the Financial Intelligence Centre](https://werksmans.com/fica-proposed-changes-to-public-compliance-communication-50-and-directive-3-previously-issued-by-the-financial-intelligence-centre/) - by Sandiso Dhlomo, Associate and Nhlonipho Mthembu, Candidate Attorney reviewed by Tracy Lee Janse van Rensburg On 14 March 2025, the Financial Intelligence Centre ("FIC") published Draft Directive 3A ("DD 3A") and Draft Public Compliance Communication 50A ("DPCC 50A") in terms of the Financial Intelligence Centre Act, 38 of 2001 (the "FICA"), for purposes of consultation
- [Sorry Not Sorry](https://werksmans.com/sorry-not-sorry/) - and Mike Searle, Candidate Attorney In the recent Labour Court decision of Standard Bank Insurance Brokers (Pty) Ltd v Dlamini & Others (JR15/24), the issue of remorse – or rather the conspicuous absence thereof – became the proverbial elephant in the arbitration room. The judgment serves as a timely reminder that while disciplinary labels may
- [Discrimination - it's not unfair when its fair](https://werksmans.com/discrimination-its-not-unfair-when-its-fair/) - In a notable judgment delivered on 6 November 2024, the Labour Appeal Court (LAC) in Passenger Rail Agency of South Africa v Hoyo ([2024] ZALAC 57) addressed the complexities surrounding claims of unfair discrimination based on race and unequal pay within the workplace.​ The employee, Mr. Hoyo, employed by the Passenger Rail Agency of South
- [Allegations of Ethnic Discrimination Require Evidence: the Sagan Principle](https://werksmans.com/allegations-of-ethnic-discrimination-require-evidence-the-sagan-principle/) - and Isabella Keeves - Candidate Attorney In 1979 science communicator and physicist Carl Sagan wrote in his book Broca's Brain that "Extraordinary claims require extraordinary evidence", which is also known as the Sagan standard, and is an aphorism popularly used in a number of fields. Although not expressly mentioned in the judgement, the principle seems
- [Court Orders Gauteng Department of Health to Provide Cancer Treatment to Patients Awaiting Care](https://werksmans.com/court-orders-gauteng-department-of-health-to-provide-cancer-treatment-to-patients-awaiting-care/) - and Slade van Rooyen - Candidate Attorney and Farah Yassin - Candidate Attorney On 27 March 2025, the Gauteng Local Division of the High Court, Johannesburg, granted urgent interim relief in the matter of Cancer Alliance v Member of Executive Council for Health Gauteng Province and Others 2025 ZAGPJHC 136 (27 March 2025) ("the Cancer
- [The Clock Is Ticking: Labour Disputes and the Perils of Miscalculating Timeframes](https://werksmans.com/the-clock-is-ticking-labour-disputes-and-the-perils-of-miscalculating-timeframes/) - The recent Labour Court decision in Nelson Mandela Bay Municipality v SAMWU obo Bukula and Others (PR174/2023) provides a sobering reminder of the importance of calculating statutory timeframes with precision—particularly in the context of unfair labour practice disputes. A Long Road to Arbitration The matter arose from the 2014 re-designation of Mr Bukula’s position from
- [Automatic Termination Clauses Do Not Trump the LRA: The Biyana Case](https://werksmans.com/automatic-termination-clauses-do-not-trump-the-lra-the-biyana-case/) - and Isabella Keeves – Candidate Attorney The CCMA’s recent decision in Biyana v National Consumer Commission (2025) 34 CCMA 7.17.2 offers a critical reminder for employers relying on so-called automatic termination clauses in employment contracts: the lesson to be learnt is that no contractual provision can override the Labour Relations Act’s (LRA) requirement of fairness
- [The Balancing Act: The Sharing of Company Information by Exiting Shareholders with Potential Third-Party Purchasers](https://werksmans.com/the-balancing-act-the-sharing-of-company-information-by-exiting-shareholders-with-potential-third-party-purchasers/) - and Emma Reid, Candidate Attorney INTRODUCTION The default position regarding who can access a company's records and information ("company information") and the nature and extent of what company information a person may access is set out in section 26 of the Companies Act, 71 of 2008 ("the Companies Act"). When a shareholder wishes to sell
- [No Claim? No Problem. Rethinking Creditor Rights in Insolvency Law](https://werksmans.com/no-claim-no-problem-rethinking-creditor-rights-in-insolvency-law/) - A recent judgment handed down in the Johannesburg High Court in Single Destination Engineering (Pty) Ltd and Another v Van Den Heever N.O. and Others (14 April 2025) has brought both clarity and controversy to the question of who qualifies as a "creditor" entitled to inspect the books of a company in liquidation under section
- [Who let the dogs in?](https://werksmans.com/who-let-the-dogs-in/) - Cyber epidemic, ever present in South Africa, and it would seem that the Government is realising this. by Ahmore Burger-Smidt, Director and Head of Regulatory Cyber infiltration allows for a ransomware demand. The one is dependent on the other. Reading ‘The State of Ransomware in South Africa Report 2025[1]‘, published by cybersecurity firm Sopas, leaves one
- [AI and the Data Privacy Elephant in the Room](https://werksmans.com/ai-and-the-data-privacy-elephant-in-the-room/) - “The real problem is not whether machines think, but whether men do.” – B.F. Skinner by Ahmore Burger-Smidt, Director and Head of Regulatory Insights from the 2025 Report: AI Risk & Readiness in the Enterprise[1] Underlines the exponential threat that is not being addressed by AI progress. Data Privacy, a pressing issue that demands immediate attention! From data leaks
- [Employers must timeously take steps to deal with any allegations of sexual harassment raised with them, failing which they may be held liable](https://werksmans.com/employers-must-timeously-take-steps-to-deal-with-any-allegations-of-sexual-harassment-raised-with-them-failing-which-they-may-be-held-liable/) - by Andre van Heerden, Director and Hannah Fowler, Candidate Attorney Introduction In Independent Municipal and Allied Trade Union obo S and another / Nelson Mandela Metropolitan Municipality, the Commission for Conciliation and Mediation (“CCMA“) had to consider whether the Nelson Mandela Metropolitan University (“employer“) was liable in terms of section 60 of the Employment Equity Act 55
- [How Strong Merits Can Save a Late Case](https://werksmans.com/how-strong-merits-can-save-a-late-case/) - by Jacques van Wyk, Director and Mike Searle, Candidate Attorney In a recent Labour Appeal Court (“LAC“) judgement in Government Printing Works v Public Service Association and Another,[1] the court provided a detailed analysis of condonation as it relates to a late appeal and a delayed response to a statement of case. While the decision relating to
- [Proposed Economic Opportunity Tax for Casino Operator Licensees in the Western Cape to relocate their casinos](https://werksmans.com/proposed-economic-opportunity-tax-for-casino-operator-licensees-in-the-western-cape-to-relocate-their-casinos/) - by Wendy Rosenberg, Director and Head of Digital Media & Electronic Communications On 6 June 2025, the draft Western Cape Twentieth Gambling and Racing Amendment Bill, 2025 and related Regulations were gazetted for public comment. They provide for an economic opportunity tax to be paid by casino operator licensees in the Western Cape who successfully
- [When does an acquisition by a company of its own shares constitute a scheme of arrangement?](https://werksmans.com/when-does-an-acquisition-by-a-company-of-its-own-shares-constitute-a-scheme-of-arrangement/) - Understanding the relationship between Section 48 and Section 114 of the Companies Act in Light of the Companies Amendment Act, No. 16 Of 2024 by Jarryd Mardon – Director, Wesley Vos – Senior Associate and Emma Reid – Candidate Attorney 1. Introduction The relationship between section 48 of the Companies Act, No. 71 of 2008
- [Are we seeing an end to the appointment of board members to act as CEOs of SOEs / Private Companies?](https://werksmans.com/are-we-seeing-an-end-to-the-appointment-of-board-members-to-act-as-ceos-of-soes-private-companies/) - by Sandile July, Director and Head of Employment and Nonkosazana Nkosi, Director 1. The Labour Court has officially put a stop to the appointment of board members as CEOs of state-owned entities (“SOEs”). The Court has declared that such appointments are invalid and unlawful. 2. This is a response to a trend that has developed
- [Alexkor Soc Limited and Another v Carstens (JA7/24) [2025] ZALAC 28 (15 May 2025)](https://werksmans.com/alexkor-soc-limited-and-another-v-carstens-ja7-24-2025-zalac-28-15-may-2025/) - by Bankey Sono, Director and Neo Sewela, Senior Associate 1. Does the Labour Court have the power to declare a pre-arbitration minute invalid and set it aside? This was the central question before the Labour Appeal Court in Alexkor Soc Limited and Another v Carstens (JA7/24) [2025] ZALAC 28 (15 May 2025). 2. In this
- [Does an Employer’s Right to Discipline and Dismiss its Employees Prescribe?](https://werksmans.com/does-an-employers-right-to-discipline-and-dismiss-its-employees-prescribe/) - by Anastasia Vatalidis, Director and Anna Tchalov, Associate In Public Investment Corporation v More and others, handed down on 16 April 2025, the Labour Court was called upon to consider whether the Prescription Act 68 of 1969 (“Prescription Act“) can be raised by an employee as an absolute defence to disciplinary proceedings and dismissal. The case concerned an
- [From Promise to Practice: Responsible AI in South African Healthcare](https://werksmans.com/from-promise-to-practice-responsible-ai-in-south-african-healthcare/) - by Aphindile Govuza, Director, Boitumelo Moti, Director, Janice Geel, Associate and Malique Ukena, Candidate Attorney Artificial intelligence (“AI“) is reshaping industries worldwide, and healthcare is no exception. The healthcare sector in South Africa experiences limited resources, staff shortages, and unequal access – however, AI presents an opportunity to enhance care delivery, improve diagnostic accuracy, and
- [What Sedumedi v Sefako Makgatho Health Sciences University Teaches Employers About Contract Clarity](https://werksmans.com/what-sedumedi-v-sefako-makgatho-health-sciences-university-teaches-employers-about-contract-clarity/) - by Jacques van Wyk, Director and Mike Searle, Candidate Attorney ISSUE Can an employer terminate a fixed-term employment contract prior to its expiry for operational reasons, where the contract does not explicitly provide for such early termination? FACTS In September 2018, Mr David Sedumedi (“Mr Sedumedi“) entered into a five-year fixed-term contract with Sefako Makgatho
- [Taxation of Rewards Points](https://werksmans.com/taxation-of-rewards-points/) - by Doelie Lessing, Director and Head of Tax and Robyn Schonegevel, Associate It has become common for businesses to implement loyalty programmes in order to incentivise their customers. These programmes allow customers to earn points by, for example, swiping their credit card, going to gym or making a purchase. Once the customers have accumulated enough
- [Managers, who are members/representatives of a trade union, are still required to fulfil their contractual obligations to their employer](https://werksmans.com/managers-who-are-members-representatives-of-a-trade-union-are-still-required-to-fulfil-their-contractual-obligations-to-their-employer/) - by Andre van Heerden, Director and Hannah Fowler, Candidate Attorney Introduction In Association of Mineworkers and Construction Workers Union obo Ntuli v Ferroglobe Silicon Smelters (Pty) Ltd, the Labour Court (“LC”) had to determine whether the Applicant’s (“Ntuli”) dismissal was automatically unfair, in that it was related to his participation in trade union activities, or otherwise unfair.
- [Business Rescue Is Not a Shield from Accountability: Director and Business Rescue Practitioner Held Liable](https://werksmans.com/business-rescue-is-not-a-shield-from-accountability-director-and-business-rescue-practitioner-held-liable/) - By Eric Levenstein, Director and Head of Insolvency and Business Resue and Amy Mackechnie, Senior Associate The recent decision in PH Strydom NO v Seacrest Investment 153 (Pty) Ltd & Others (delivered on 4 June 2025) serves as a stark reminder that business rescue is not a tactical weapon and treating it as such can
- [AFRICRYPT – yet another South African crypto asset scam](https://werksmans.com/africrypt-yet-another-south-african-crypto-asset-scam/) - Crypto asset scam Many South Africans will recall the infamous MTI[1] crypto asset scam that caught the attention of both local and international authorities at the end of 2020. In our article, dated 12 February 2021[2] we delved into the MTI scam and explored the rationale behind the Financial Sector Conduct Authority’s (“FSCA“) publication of a draft
- [The Age of AI and Employment: Navigating Legal and Strategic Implications for Employers](https://werksmans.com/the-age-of-ai-and-employment-navigating-legal-and-strategic-implications-for-employers/) - by Bradley Workman-Davies, Director and Preeta Bhagattjee, Head of Technology & Innovation Artificial intelligence (AI) is no longer a speculative disruptor – it is a present operational force reshaping industries. Employers now face a dual challenge: adopting AI to enhance productivity, while managing the legal, human, and strategic implications that follow. A survey of recent
- [Publication of Draft Mineral Resources Amendment Bill, 2025 for comment](https://werksmans.com/publication-of-draft-mineral-resources-amendment-bill-2025-for-comment/) - by By Kyra South, Director and Rudi Claassen, Candidate Attorney On 20 May 2025 the Minister of Mineral and Petroleum Resources published the draft Mineral Resources Development Bill, 2025 (“Draft Bill“) for public comment, which Draft Bill contemplates a number of amendments to the Mineral and Petroleum Resources Development Act 28 of 2002. The stated purposes of
- [Steyn V Business Connexion Group Ltd: Case Summary](https://werksmans.com/steyn-v-business-connexion-group-ltd-case-summary/) - by Bradley Workman-Davies, Director and Isabella Keeves, Candidate Attorney The recent judgement of Steyn v Business Connexion Group Ltd (“Steyn“) has provided fresh insight into the interpretation and practical consequences of a business transfer carried out in terms of section 197 of the Labour Relations Act 66 of 1995 (“LRA“).[1] The Steyn dispute centred around an employee who was
- [Hail the new King – Comments on the new draft King V Governance Code for South African Boards of Directors](https://werksmans.com/hail-the-new-king-comments-on-the-new-draft-king-v-governance-code-for-south-african-boards-of-directors/) - by Eric Levenstein, Director and Head of the Insolvency and Business Rescue and Kaymana Han, Candidate Attorney With the release of the King V Code Draft, South Africa’s corporate governance framework is set to benefit from improvements to King IV, through the incorporation of contemporary developments, enhanced usability, and standardised disclosure. This new draft represents
- [Illegal Miners: The Mine Health and Safety Obligations of Mining Right Holders for Mines No Longer “Being Worked”](https://werksmans.com/illegal-miners-the-mine-health-and-safety-obligations-of-mining-right-holders-for-mines-no-longer-being-worked/) - by Kathleen Louw, Director, and Alexi Andropoulos, Candidate Attorney 1. The tragedy which occurred in Stilfontein earlier this year (“the Stilfontein tragedy”) has uncovered important legal questions concerning the obligations of mining right holders in circumstances where illegal miners are trapped in a mine which is no longer being worked but where no closure certificate
- [Competition Law: Transformation and public interest in abuse of dominance cases](https://werksmans.com/competition-law-transformation-and-public-interest-in-abuse-of-dominance-cases/) - with assistance from Kwanele Diniso, associate Recent developments in South African competition law have significantly elevated the role of transformative considerations and public interest objectives. The first crucial development occurred when the Constitutional Court reviewed Mediclinic Southern Africa’s proposed acquisition of two private hospitals.[1] While public interest considerations have been part of the statutory criteria for
- [Watt You Need to Know on the draft Electricity Transmission Infrastructure Regulations](https://werksmans.com/watt-you-need-to-know-on-the-draft-electricity-transmission-infrastructure-regulations/) - by Jonathan Behr, Director, and Robyn Helling, Candidate Attorney The draft regulations to facilitate planning for the procurement and establishment of transmission capacity by private parties ("the Regulations") were recently gazetted on 3 April 2025 by the Department of Energy and Electricity. The Regulations are currently open for public comment, with the closing date for
- [Digital Media & Electronic Communications](https://werksmans.com/digital-media-electronic-communications/) - Groupe Canal+’s (“Canal+”) acquisition of MultiChoice Group Limited (“MCG”), this matter concerns the proposed transaction involving the public offer by Canal+ to acquire the remaining shares of MCG. MCG, listed on the Johannesburg Stock Exchange, is a leading provider of entertainment and related consumer services. It provides video entertainment products and services through its linear
- [Private Equity](https://werksmans.com/private-equity/) - Werksmans Attorneys (Werksmans) provided legal advice to Kasada Capital Management (Pty) Ltd, a real estate private equity firm dedicated to hospitality in Sub-Saharan Africa (Kasada) in its acquisition of the hotel business trading under the name “The Bank-Rosebank” and the restaurant business trading under the name “Proud Mary” in Rosebank, Johannesburg (collectively the Hotel &
- [Tax](https://werksmans.com/tax/) - A subsidiary of JSE-listed Sail (previously Chrometco), Black Chrome Mine (BCM) filed for business rescue on 9 June 2022. While two conditional binding offers were received for the assets of BCM, neither were deemed suitable given execution risk and low returns to concurrent creditors. The best outcome for affected persons was to restart the mining
- [Corporate Mergers & Acquisitions](https://werksmans.com/corporate-mergers-acquisitions/) - Werksmans acted for a BEE consortium acquiring the Nampak Limited’s cross-border Liquid Cartons business, which operates in South Africa, Botswana, eSwatini, Zambia, Malawi and Burkina Faso. The consortium comprises RMB Corvest and Dlondlobala Capital (a majority black women-owned private equity fund). The transaction and the need for timeous closing was crucial to Nampak’s turnaround and
- [Disputes](https://werksmans.com/disputes/) - Werksmans Attorneys successfully represented a Danish investor in a high-stakes international arbitration involving a multi-million dollar claim against an East African State. The confidential proceedings took place before the Permanent Court of Arbitration (“the PCA”) at the Peace Palace in The Hague. The dispute originated in the 1970s and centred on the expropriation of the
- [Environmental & Infrastructure & Energy](https://werksmans.com/environmental-infrastructure-energy/) - Werksmans acted as Sponsor counsel for the project consortium consisting of African Infrastructure Investment Managers, through its renewable energy project development and delivery platform, African Clean Energy Developments (ACED), EIMS Africa, and Reatile Renewables in the successful financial close of the 140MW Ishwati Emoyeni Wind Farm Project, with a total project cost of approximately ZAR4.9
- [Banking & Finance](https://werksmans.com/banking-finance/) - This is a leveraged acquisition finance deal in which a consortium of local and international investors led by Actis Africa Limited (“Actis”), acquired 100% of the issued share capital of Swiftnet SOC Limited (“Swiftnet”) from Telkom SA SOC Limited. Actis is a leading private investment firm with an extensive investment portfolio in emerging markets and
- [Appointment of Information Regulator](https://werksmans.com/appointment-of-information-regulator/) - INTRODUCTION On 7 September 2016, the National Assembly voted in favour of appointing the former IEC chairperson Advocate Pansy Tlakula as the chairperson of the newly-formed Information Regulator in terms of the Protection of Personal Information Act, Act 4 of 2013 (“POPI Act”). The National Assembly also recommended Advocate Lebogang Stroom and Johannes Weapond
- [Significant changes to government/parastatal procurement regulations promote Broad Based Black Economic Empowerment](https://werksmans.com/significant-changes-to-government-parastatal-procurement-regulations-promote-broad-based-black-economic-empowerment/) - New regulations in terms of the Preferential Procurement Policy Framework Act ("PPPFA") have been published and will take effect from 1 April 2017. The regulations replace the previous 2011 regulations and introduce several important changes which have significant implications for firms contracting with the Government and parastatals. INTRODUCTION The PPPFA regulations apply to procurement
- [Broad-Based Black Economic Empowerment Commission announces investigations of trusts used in B-BBEE ownership structures](https://werksmans.com/broad-based-black-economic-empowerment-commission-announces-investigations-of-trusts-used-in-b-bbee-ownership-structures/) - INTRODUCTION On 7 August 2017, the B-BBEE Commission announced that it had initiated 17 investigations for possible contraventions of the Broad-Based Black Economic Empowerment Act (B-BBEE Act). Six cases deal with the use of trusts in B-BBEE ownership structures, six deal with B-BBEE verification agencies and two involve Government entities (Eskom and the South
- [Recent high court case clarifies fronting practices](https://werksmans.com/recent-high-court-case-clarifies-fronting-practices/) - INTRODUCTION In the recent High Court case involving the Passenger Rail Agency of South Africa (PRASA) and Swifambo Rail Agency Proprietary Limited, Judge Francis set out certain useful guidelines on the "fronting practice" definition in the Broad-Based Black Economic Empowerment Act (B-BBEE Act) namely "a transaction, arrangement or other act or conduct that directly
- [Know the pages you will be judged against](https://werksmans.com/know-the-pages-you-will-be-judged-against/) - by Ahmore Burger-Smidt, Head of Data Privacy Practice The Protection of Personal Information Act, Act 4 of 2013 ("POPIA") establishes a framework of rights and duties which are designed to safeguard personal data. This framework balances the legitimate needs of companies to collect and use personal data for business and other purposes against the right of
- [You have to say something as with data disappearing, your embarrassment will not](https://werksmans.com/you-have-to-say-something-as-with-data-disappearing-your-embarrassment-will-not/) - by Ahmore Burger-Smidt, Head of Data Privacy Practice The Protection of Personal Information Act, Act 4 of 2013 ("POPIA") addresses, amongst others, poor information control and security. Therefore, data which is still required for a specified purpose for which it was collected and is, however, not accessed regularly, should be archived and stored securely. Information security involves
- [You, robot](https://werksmans.com/you-robot/) - Science fiction – love it or hate it. However, the allegory presented by science fiction directs our thinking in a particular way in circumstances where that thinking was not presented in the ordinary course of scientific investigation or discovery or just simply of no particular utility at a particular point in time. This brings one
- [Automatically unfair dismissals](https://werksmans.com/automatically-unfair-dismissals/) - ISSUE IN DISPUTE If an employee does not adhere to the dress code in the workplace because of his religion, culture or gender and is then dismissed for failing to do so such a dismissal may be regarded as automatically unfair in terms of section 187 (1) (f) of the Labour Relations Act (“the LRA”).
- [CHAMBERS GLOBAL 2018](https://werksmans.com/chambers-global-2018/) - Chambers Global released its 2018 rankings Thursday, 15 February 2018. Chambers is an independent international legal ratings directory, ranking both individual lawyers and select practices on a regional basis. Within the South African Section, Werksmans obtained rankings across 16 practice areas and 30 of our Directors are ranked individually as leading lawyers. The firm
- [STATE OF THE NATION ADDRESS](https://werksmans.com/state-of-the-nation-address/) - The National Land Audit has recently been made public. This report was primarily phase 2 of a Land Audit that was conducted in 2011. Whilst it was anticipated that phase 2 of the Land Audit would provide clarity in terms of who owns what land in SA, the audit was still dogged with the following
- [2018/2019 budget proposals – Tax overview](https://werksmans.com/2018-2019-budget-proposals-tax-overview/) - By: The Werksmans Tax Team INTRODUCTION Despite it being widely expected that this year's Budget would add to the ever-increasing burden of South African taxpayers, the Minister of Finance managed to deliver comparably less shocks than prior years. Short of the taxes mentioned below, no significant or unusual tax rate increases were announced, and this
- [FAQ – opportunities for investors arising from the South African business rescue process](https://werksmans.com/faq-opportunities-for-investors-arising-from-the-south-african-business-rescue-process/) - INTRODUCTION The South African business rescue process has created the opportunity for investors (local and foreign) to position themselves in order to take advantage of distressed assets in South Africa and which could potentially be acquired through the business rescue process provided for in the South African Companies Act, 2008 (the Act). The business rescue
- [Use it or you may lose it](https://werksmans.com/use-it-or-you-may-lose-it/) - INTRODUCTION In Legalwerks September 2017, the top ten reasons to register trade marks were discussed, https://werksmans.com/legal-briefs-view/top-ten-reasons-to-register-your-trade-marks/. On payment of renewal fees when due a further benefit of trade mark registration is its unlimited lifespan. A trade mark adds significant value to your business and as a result can be desired by others. If not used
- [Memorandum of understanding concluded between the Broad Based Black Economic Empowerment ("BBBEE") Commission and the Competition Commission – the increasingly important interface between BBBEE and Competition Law](https://werksmans.com/memorandum-of-understanding-concluded-between-the-broad-based-black-economic-empowerment-bbbee-commission-and-the-competition-commission-the-increasingly-important-interface-between-bbbe/) - ) The Competition Commission investigates certain mergers and anticompetitive practices including cartel conduct (for example price fixing, collusive tendering and market division between competitors) and abuses of dominance. The BBBEE Commission focuses on complaints relating to BBBEE including fronting practices (which are widely defined as a transaction, arrangement or other act or conduct that directly
- [The fascinating tango of interest and forex rates on large claims where set-off occurs: a case study](https://werksmans.com/the-fascinating-tango-of-interest-and-forex-rates-on-large-claims-where-set-off-occurs-a-case-study/) - Imagine the following scenario, the parties have litigated, and they are awarded the following claims: Party A is awarded: US$5 000 000,00 together with applicable interest with effect from the mora date, in this instance being 1 October 2011. US$1 000 000,00 with interest from 1 September 2014. Party B is awarded ZAR50 000 000,00
- [The International Arbitration Act spells opportunity for South Africa](https://werksmans.com/the-international-arbitration-act-spells-opportunity-for-south-africa/) - With the coming into operation of the International Arbitration Act[1] ("Act") on 20 December 2017, South Africa for the first time has a dedicated statute governing international arbitration. The Act brings South Africa into line with international best practice on international arbitration by providing for the incorporation of the United Nations Commission on International Trade
- [Budget proposal to provide much needed clarity to managers and unit holders of Collective Investment Schemes](https://werksmans.com/budget-proposal-to-provide-much-needed-clarity-to-managers-and-unit-holders-of-collective-investment-schemes/) - The taxation of collective investment schemes ("CIS") and their participatory interest holders is governed by sections 25BA and 10(1)(iB) of the Income Tax Act, No 58 of 1962 ("Act") and by paragraph 61 of the Eighth Schedule to the Act. Sections 25BA and 10(1)(iB) deal with the taxation of receipts and accruals of an income
- [#METOOZA – sexual harassment in the workplace in South Africa](https://werksmans.com/metooza-sexual-harassment-in-the-workplace-in-south-africa/) - Recently, and on an ongoing basis, revelations of sexual harassment in Hollywood have made the headlines, and stories of sexual harassment or inappropriate behaviour amongst celebrities and entertainers are being revealed on an almost daily basis. These instances of sexual harassment have also not been limited to inappropriate conduct against female celebrities and entertainers, or
- [Copyright: blurred lines effect?](https://werksmans.com/copyright-blurred-lines-effect/) - On 21 March 2018, Robin Thicke and Pharrell lost their appeal against Marvin Gaye's estate in relation to their hit song "Blurred Lines". The majority of the US Appeals Court Judges ruled that "Blurred Lines" had ripped off Marvin Gaye's 1977 classic "Got to Give It Up". The Appeals Court ordered Thicke and Pharrell to
- [Olympic games: exclusivity and revenue](https://werksmans.com/olympic-games-exclusivity-and-revenue/) - By: Donvay Wegierski, Director The protection of the Olympic Symbol, and its torch, flag and anthem is extremely important. According to the Nairobi Treaty on the Protection of the Olympic Symbol, which is an international treaty managed by the World Intellectual Property Office (WIPO) – "any state that is a member of this treaty is obliged
- [Gucci is well-known in singapore](https://werksmans.com/gucci-is-well-known-in-singapore/) - By: Donvay Wegiersk, Director A mark is considered well-known if a larger portion of the public can immediately recognise the mark with the goods and services to which it relates. In finding that the GUCCI mark is well-known in Singapore, the Singapore trade mark office held that all that needs to be shown is a real
- [Adidas and the stripes](https://werksmans.com/adidas-and-the-stripes/) - By: Donvay Wegierski, Director In 2015, Adidas successfully opposed the registration of two EU marks comprising two stripes belonging to Shoe Branding Europe marks on the basis of its three stripe registrations. On appeal, the EU General court has confirmed this position finding it likely that the use of the two-stripe mark will take unfair advantage
- [THE LEGAL 500 EUROPE, MIDDLE EAST & AFRICA RANKINGS](https://werksmans.com/the-legal-500-europe-middle-east-africa-rankings/) - The Legal 500 has released its 2018 rankings for the EMEA region. Regarded as one of the world's largest and most reputable legal referral guides, The Legal 500 is an independent directory which assesses the strengths of law firms in over 100 jurisdictions and continues to grow each year with new practice areas
- [Cryptocurrencies and tax](https://werksmans.com/cryptocurrencies-and-tax/) - The advent of cryptocurrencies, and in particular the substantial gains that are associated with investments in cryptocurrencies, caught the attention and interest of the world – and not least of all, that of the taxman. Because where money abounds, tax is normally to be collected… SARS recently issued a statement explaining its views on the
- [Nando's vs Fernando's](https://werksmans.com/nandos-vs-fernandos/) - 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 in Reading in the UK. Nando's is best known for its Portuguese Peri-Peri Chicken and Fernando's, also a Portuguese Peri-Peri Chicken restaurant, opened towards the end of 2017. Originating
- [Further tightening of Broad Based Black Economic Empowerment rules proposed by Minister of Trade and Industry](https://werksmans.com/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 proposed amendments are in line with the Government's policy to actively promote and support BBBEE (and especially majority owned black businesses) in South Africa. The proposed changes include: clarifying
- [Bye bye FSB, hello FSCA](https://werksmans.com/bye-bye-fsb-hello-fsca/) - As of 1 April 2018, there is a new sheriff for the South African financial services sector. The Financial Services Board ("FSB") has been replaced by the Financial Sector Conduct Authority ("FSCA"). Here are five things you need to know about this development. The change from the FSB to the FSCA is a further step
- [Why failing to revise land policy will fail aspiration of millions](https://werksmans.com/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 of the reversal of a deliberate, systematic and legislated eradication of a nation's sense of dignity, belonging, culture and history. It is a wound that has festered long enough.
- [Can you dismiss an employee for posting a racist comment on Facebook?](https://werksmans.com/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? SUMMARY The dismissal of an employee who posted alleged racist comments on Facebook will be substantively fair only if a reasonable person ascribes the comment as racist and the
- [Does the inconsistent application of the requirements set out in a promotional post advertisement constitute an unfair labour practice?](https://werksmans.com/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 advertisement an unfair labour practice? If so, what award should be issued? SUMMARY An employer's inconsistent application of the requirements set out in the promotional post advertisement constitutes an
- [Restraints of trade](https://werksmans.com/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) provides that after termination of employment, the employee is restricted in the work he can perform in that he will be restrained from performing similar work in competition with
- [INSOL International: Restructuring Options for MSMEs and Proposals for Reform - South Africa](https://werksmans.com/insol-international-restructuring-options-for-msmes-and-proposals-for-reform-south-africa-2/) - 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 definition of MSMEs? 1.1 Does any legislation define what is a micro, small or medium enterprise? Regulation 127(2)(b) to the South African Companies Act 71 of 2008 (Companies Act)
- [Our Webinars](https://werksmans.com/our-webinars/) - BLOCKCHAIN Director, Natalie Scott discusses blockchain and its ability to revolutionise the world as we know it. DATA PRIVACY Data Privacy expert Ahmore Burger-Smidt discusses the importance of the Protection of Personal Information Act and the impact on the future business landscape in South Africa at a panel discussion. She also talks about her
- [Excon and cryptocurrencies](https://werksmans.com/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 that is often overlooked is that of exchange control, and whether the acquisition or trading in cryptos may (even inadvertently) lead to a transgression under the exchange control regulations.
- [The Facebook data breach - #thisisyourdigitallife](https://werksmans.com/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 IN GENERAL? The millions of Facebook profiles analysed by Cambridge Analytica constitute one of the biggest breaches of personal information to date. The data was collected through an application
- [Can you terminate an employee's fixed-term contract by relying on the termination provision of a contract of employment?](https://werksmans.com/can-you-terminate-an-employees-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 employee's fixed-term contract without reason and without a hearing? SUMMARY The termination of a fixed-term contract before its expiry constitutes a repudiation, which amounts to a dismissal. The dismissal
- [Is the reference of "swart man" to a fellow employee racist and derogatory? If so, is a dismissal an appropriate sanction?](https://werksmans.com/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 context, is racist and derogatory. If it is found to be racist and derogatory, whether the dismissal imposed by the employer was an appropriate sanction. SUMMARY The correct test
- [Fair selection criteria in retrenchments – can your employer make you re-apply for your job?](https://werksmans.com/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 or as a result of the employer’s operational requirements. Where a dismissal is based on the employer’s operational requirements, or more specifically as a result of the employer's economical,
- [The Banking Regulation Review](https://werksmans.com/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 and territories in March and April 2018, as well as the usual chapters on International Initiatives and an overview of the European Union. Below is the South African overview:
- [Do you own the copyright that you have paid for?](https://werksmans.com/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 work must be original and in a material form. There is no registration process. It sometimes happens that the copyright which you have paid to create, even at a
- [Red is Louboutin](https://werksmans.com/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") recognising its claim to the colour red (pantone 18-1663TP) as a trade mark. Louboutin successfully sued Dutch shoe retailer van Haren for infringing its signature colour red trade mark
- [MESSI is a trade mark](https://werksmans.com/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 sufficiently high to accept that the relevant public may believe that the goods come from the same source. It went further saying that a significant portion of the public
- [GDPR and domain names](https://werksmans.com/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 selling goods or providing services to those within the EU. Non-compliance with the GDPR could result in a fine of up to 4% of the company’s global revenues. The implementation of
- [The Banking Regulation Review](https://werksmans.com/the-banking-regulation-review-2/) - 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 and territories in March and April 2018, as well as the usual chapters on International Initiatives and an overview of the European Union. Below is
- [Commentary on the State Liability Amendment Bill](https://werksmans.com/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 increasingly successful claims against the State by patients for medical negligence that occurs in public health establishments. The reaction to such claims does not appear to address the medical
- [Trade marks: sports and the creation of superstars](https://werksmans.com/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 Cup Trophy and the Official Emblem, becoming enormously valuable. FIFA spends a massive amount of time and money in protecting the FIFA trade marks which is crucial to ensure
- [Can directors of state-owned companies be held to account by the SA public?](https://werksmans.com/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 promise in his state of the nation address that the government would “intervene decisively to stabilise and revitalise state-owned enterprises”. With the South African Government being the sole shareholder
- [Mindset shift needed in arbitration](https://werksmans.com/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 arbitrate. In South Africa, however, these objectives are frequently not achieved. Parties who have been promised a faster and more efficient procedure than they would get in the High
- [A landmark case dealing with the revocation of tax compliance status](https://werksmans.com/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 aspects of the Tax Administration Act, 28 of 2011 ("the TAA"). The applicant in the matter sought urgent interdictory relief for reinstatement of its tax compliance status, which was
- [The rights of illegal workers and workers engaged in illegal activities in South Africa](https://werksmans.com/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 Conciliation, Mediation and Arbitration, and German Lanzetta has important implications for employers and for persons who do not have a right to work in the Republic of South Africa,
- [South Africa: A South African Perspective on Restructuring Mechanisms](https://werksmans.com/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 from pre-eminent practitioners, as well as gathering the expertise of 25 leading figures from 12 different jurisdictions. Contributors are vetted for international standing and knowledge of complex issues before
- [Director, Neil Kirby comments on NHI and Medical Schemes Amendment Bill post the briefing by Health Minister, Aaron Motsoaledi](https://werksmans.com/director-neil-kirby-comments-on-nhi-and-medical-schemes-amendment-bill-post-the-briefing-by-health-minister-aaron-motsoaledi/) - "The Minister of Health has described the advent of national health insurance or NHI as the land issue in the healthcare sector. Today, the Minister announced the introduction of two Bills to herald the introduction, into law, of the NHI. The two Bills, one dealing with amendments to the existing Medical Schemes Act of 1998
- [The Labour Laws Amendment Bill](https://werksmans.com/the-labour-laws-amendment-bill/) - By: Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney INTRODUCTION The Labour Laws Amendment Bill ("LLA Bill") is a Private Member's Bill, which was drafted in line with the African Christian Democracy Party policy on family values, the Green Paper on Family, and by concerned fathers. The LLA Bill provides for parental leave, adoption
- [The Basic Conditions of Employment Bill](https://werksmans.com/the-basic-conditions-of-employment-bill/) - By: Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney INTRODUCTION The Basic Conditions of Employment Amendment Bill ("BCE Bill") introduces amendments to the Basic Conditions of Employment Act (75 pf 1997 ("BCEA") consequent to the enactment of the proposed National Minimum Wage Bill ("NMW Bill"). The purpose of the BCE Bill is to: repeal
- [The National Minimum Wage Bill](https://werksmans.com/the-national-minimum-wage-bill/) - By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney INTRODUCTION The NMW Bill has been passed by the National Assembly and sent for concurrence to the National Council of Provinces. The implementation date of the NMW Bill will be announced after the NCOP's select committee considers the NMW Bill. The NMW legislation is intended
- [TAKE NOTE, THE COMPETITION AMENDMENT BILL, 2018](https://werksmans.com/take-note-the-competition-amendment-bill-2018/) - On 12 July 2018, it was announced that the Competition Amendment Bill, 2018 ("Bill") was officially introduced to the National Assembly. This Bill details far-reaching changes to the Competition Act, 1998 and empowers the Competition Authorities to intervene in markets where they deem it appropriate. The main objective of the amendments as detailed in the
- [Our Podcasts](https://werksmans.com/our-podcasts/) - Gareth Cliff is joined by some of our prominent experts in their respective fields, as they discuss the legal side of laws that affect each of us - from Business Crimes & Investigations, to Labour & Employment, and Land Claims. UNCOVERING THE TRUTH IN SOUTH AFRICAN CRIMES Head of Business Crimes and Investigations at Werksmans
- [Temporary Employment Service – Judgement](https://werksmans.com/temporary-employment-service-judgement/) - On 26 July 2018, the Constitutional Court upheld the decision of the Labour Appeal Court in National Union of Metalworkers of SA v Assign Services & others. In so doing, section 198A(3)(b) of the Labour Relations Act ("LRA") was confirmed to mean that employees, earning below the prescribed earnings threshold of R205,433.30 per annum, who
- [Labour brokers - some certainty at last](https://werksmans.com/labour-brokers-some-certainty-at-last/) - National Union of Metalworkers of South Africa v Assign Services & others By Jacques van Wyk, Director ISSUE Who is the employer of an employee placed with a client by a TES? SUMMARY Employees, earning below the prescribed earnings threshold of R205,433.30 per annum, who are placed with a client by a temporary employment service
- [Land Reform - ANC To Amend Constitution](https://werksmans.com/land-reform-anc-to-amend-constitution/) - The ANC has been embroiled in an internal debate on how to operationalise the resolution it took in its 54th National Conference in Nasrec, to expropriate land without compensation in December 2017. The Nasrec resolution was followed by a Parliamentary motion mandating Parliament to explore whether or not section 25 of the Constitution ought to
- [When the law says – confess!](https://werksmans.com/when-the-law-says-confess/) - by Ahmore Burger-Smidt, Head of Data Privacy Practice The importance of a data breach plan The South African society has read about, and some members unfortunately experienced, significant data breaches this year already. Even the Presidency's website was targeted during July 2018. In a statement addressing the incident, Khusela Diko, who is President Cyril Ramaphosa's
- [South Africa's first case on Section 31](https://werksmans.com/south-africas-first-case-on-section-31/) - Multinationals with South African group companies are required to adhere to South Africa's transfer pricing legislation as found in section 31 of the Income Tax Act, 58 of 1962 ("Income Tax Act"), which provisions in very simple terms require cross-border transactions (which include loans) to be conducted on an arm's length basis. Transfer pricing can
- [Is it game set and match Federer?](https://werksmans.com/is-it-game-set-and-match-federer/) - Roger Federer, holder of eight Wimbledon men's singles titles and currently ranked no. 2 in the world in men's tennis singles, is one of the greatest tennis players of all time. With an estimated net worth of US$450 million he has at the age of thirty six entered a US$300 million contract with Japanese casual
- [Knock knock knocking on jail's door](https://werksmans.com/knock-knock-knocking-on-jails-door/) - The amendments to the Competition Act, 1998, which introduce criminal liability for cartel conduct, came into effect on 1 May 2016. The amendments introduced criminal liability for directors and individuals with 'management authority' who are responsible for - or knowingly acquiesce - in cartel conduct. Cartel conduct includes the fixing of prices and trading conditions,
- [Broad-Based Black Economic Empowerment Commission (“Commission”) finalises its first case](https://werksmans.com/broad-based-black-economic-empowerment-commission-commission-finalises-its-first-case-2/) - On 12 July 2018, the Commission issued final findings against BEE Matrix, a BBBEE verification agent. The Commission's first finalised case in January 2018 also involved a verification agent, SAB & T BEE Services ("SAB&T"). The Commission's focus on BBBEE verification agents is important given the key role they play in the BBBEE policy framework
- [Can you dismiss an employee who refuses to adhere to the alternative plan implemented to avoid mass retrenchment?](https://werksmans.com/can-you-dismiss-an-employee-who-refuses-to-adhere-to-the-alternative-plan-implemented-to-avoid-mass-retrenchment/) - By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Is it fair to dismiss an employee for refusing to comply with the recovery plan that was implemented to avoid mass retrenchment? SUMMARY The failure of an employee to comply with a recovery plan, which constitutes a reasonable alternative to retrenchment, is grounds justifying
- [Non-standard forms of work and the gig economy](https://werksmans.com/non-standard-forms-of-work-and-the-gig-economy/) - By Bradley Workman-Davies, Director and Megan Livingstone, Candidate Attorney South African labour law creates extensive rights and protections for employees, but it is sometimes difficult to determine when a person is an employee. There has always been a recognised distinction between employees and independent contractors, and the Labour Courts and CCMA have developed mechanisms for
- [Can you dismiss an employee for making racist comments in the workplace, which the employee believes to be friendly and inoffensive according to the employee's culture?](https://werksmans.com/can-you-dismiss-an-employee-for-making-racist-comments-in-the-workplace-which-the-employee-believes-to-be-friendly-and-inoffensive-according-to-the-employees-culture/) - By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Is the dismissal of an employee, who compares a fellow employee to a monkey, fair, if the employee doing so alleges the statement was made in a friendly and inoffensive manner, according to the employee's culture? SUMMARY Despite the subjective belief of an employee
- [Labour bills sent for assent](https://werksmans.com/labour-bills-sent-for-assent/) - By Jacques Van Wyk, Director and Yusha Davidson, Candidate Attorney The National Minimum Wage Bill, the Basic Conditions of Employment Amendment Bill, the Labour Relations Amendment Bill, and the Labour Laws Amendment Bill have been passed by parliament and sent to President Ramaphosa for assent. A detailed overview of the Labour Bills have been published
- [South Africa: trade marks as valuable assets to raise funding](https://werksmans.com/south-africa-trade-marks-as-valuable-assets-to-raise-funding/) - By Janine Hollesen and Donvay Wegierski, Directors The registration of trade marks has numerous advantages one of which is that as registered trade marks are assets they can be used as collateral to raise funding. The Trade Marks Act makes specific provision for the hypothecation of the marks which must however be registered before they
- [Probono@Werks](https://werksmans.com/probonowerks/) - WILLS WEEK - 2018 ProBono.Org hosted a Wills Week from 23 to 27 July 2018. Lawyers from various firms in Johannesburg and Pretoria were invited to draft wills for indigent clients on a pro bono basis. Werksmans' Pro Bono Department, and several of our lawyers, participated in this initiative and drafted wills for mainly underprivileged, elderly
- [Tightening up on the offshore trust rules](https://werksmans.com/tightening-up-on-the-offshore-trust-rules/) - The general principle is that South African resident individuals who have settled offshore trusts are taxed on the income and capital gains of that trust (or its underlying subsidiary) in terms of the Income Tax Act, 1962 (the Act). This rule applies not only where there is an out-and-out donation to the trust, but also
- [Limiting employment claims: protection where it is needed](https://werksmans.com/limiting-employment-claims-protection-where-it-is-needed/) - South African labour laws are renowned as being progressive and protective of employees' rights, and labour dispute resolution procedures are intentionally designed to provide expeditious and cost effective dispute resolutions fora within which issues can be resolved without resorting to overly formal, costly or time consuming processes. However, what is not appreciated is that the
- [Labour Webinar](https://werksmans.com/labour-webinar/) - Our Labour experts discuss the implications of the proposed amendments to the Labour Relations Act (LRA) relating to industrial action.
- [Johannesburg CBD fire – health and safety at work](https://werksmans.com/johannesburg-cbd-fire-health-and-safety-at-work/) - By Bradley Workman-Davies, Director The recent fire which broke out in a government building in central Johannesburg lead to the tragic loss of lives of three firefighters who were attempting to put out the blaze. The lives, and health of safety of employees working in the building were also put at risk. The latest reports
- [Dismissing an employee for refusing to obey instructions](https://werksmans.com/dismissing-an-employee-for-refusing-to-obey-instructions/) - By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Can you dismiss an employee who refuses to obey instructions? SUMMARY An employee can be dismissed for refusing to obey instructions if such instructions are fair and lawful and the refusal constitutes gross insubordination. COURT'S DECISION In the case of Media Workers' Association of
- [China: motivation for e-commerce to act against counterfeiting](https://werksmans.com/china-motivation-for-e-commerce-to-act-against-counterfeiting/) - By Janine Hollesen and Donvay Wegierski, Directors On 31 August 2018, China introduced legislation making online operations accountable. Online service providers who fail to monitor their websites for counterfeit product face hefty fines of 1 January 2019. Alibaba.com the world's largest online store, already has anti-counterfeiting alliances with international brands including Samsung and Louis Vuitton.
- [South Africa: reliance on trade marks in company name objections](https://werksmans.com/south-africa-reliance-on-trade-marks-in-company-name-objections/) - By Janine Hollesen and Donvay Wegierski, Directors A further reason to register trade marks is that they can be relied upon in company name objections. The Companies Act of 2008 provides for the procedure in which a party can object to the registration of a company name which offends against the provisions of section 11
- [Kenya: SONY is not well-known](https://werksmans.com/kenya-sony-is-not-well-known/) - By Janine Hollesen and Donvay Wegierski, Directors In Sony Corporation vs Sony Holdings Limited the Kenyan High court dismissed the Japanese corporate's trade mark opposition to trade mark applications filed for SONY in classes outside of those already registered by Sony Corporation, the court finding that it's SONY mark is not well-known in Kenya. The
- [Reporting obligations of directors in terms of the Companies Act, No. 71 of 2008 – reckless trading and personal liability](https://werksmans.com/reporting-obligations-of-directors-in-terms-of-the-companies-act-no-71-of-2008-reckless-trading-and-personal-liability/) - Directors are obligated to report financial distress – failure to do so might result in personal liability. The Companies Act No. 71 of 2008 (the Act) was signed into law on 8 April 2009 and became effective on 1 May 2011. The Act continues to have a significant impact on directors’ liability in corporate South
- [Director liability - OHSA/NEMA](https://werksmans.com/director-liability-ohsa-nema/) - This memo is intended to provide high level guidance on director liability under the National Environmental Management Act 107 of 1998 ("NEMA") and the Occupational Health and Safety Act 85 of 1998 ("OHSA"), and determine whether anything can be done commercially to limit the identified liability. It should be noted that the information contained herein
- [The Employment Equity Amendment Bill, 2018](https://werksmans.com/the-employment-equity-amendment-bill-2018/) - By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney The Employment Equity Amendment Bill, 2018 ("Bill") amends specific provisions of the Employment Equity Act 55 of 1998 ("EEA"). The purpose of the Bill is to – provide for the Minister of Labour to establish sectoral numerical targets to ensure the equitable representation of suitably
- [Draft Employment Equity Regulations, 2018](https://werksmans.com/draft-employment-equity-regulations-2018/) - By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney The Minister of Labour has published the Draft Employment Equity Regulations, 2018 ("Draft Regulations"). The Draft Regulations introduce regulations to give effect to the provisions of the Employment Equity Amendment Bill, 2018 ("Bill") and provides for new forms in connection therewith. The Draft Regulations introduce
- [Struggle songs in the workplace](https://werksmans.com/struggle-songs-in-the-workplace/) - By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Is the singing of struggle songs in the workplace racist and if so, does it justify the dismissal of an employee? SUMMARY The singing of struggle songs in the workplace, depending on the meaning of the words and the context in which it is
- [Paternity leave](https://werksmans.com/paternity-leave/) - By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney The Basic Conditions of Employment Act 75 of 1997 ("BCEA") presently entitles a female employee to at least four consecutive months of maternity leave. The BCEA does not, however, entitle an employee to paternity leave. The Labour Laws Amendment Bill ("LLA Bill"), which has been
- [Is an employee able to avoid a disciplinary hearing or disciplinary sanction by resigning?](https://werksmans.com/is-an-employee-able-to-avoid-a-disciplinary-hearing-or-disciplinary-sanction-by-resigning/) - It is trite law that employees may resign from his employment, either with immediate effect or on notice, thereby unilaterally terminating the employment relationship. The employer may not reject such resignation. However, does an employee have a right to resign from his employment in order to avoid disciplinary action? If so, is the employee still
- [Five reasons to register trade marks beyond your home territory](https://werksmans.com/five-reasons-to-register-trade-marks-beyond-your-home-territory/) - In our September 2017 edition of Legal Werks, the top ten reasons to register trade marks were identified notably the significant value and extensive protection trade mark registration provides - https://werksmans.com/legal-briefs-view/top-ten-reasons-to-register-your-trade-marks/. This article highlights five reasons why territory specific trade mark registrations are vital. PROTECTION IS TERRITORY SPECIFIC A trade mark registration in your home territory
- [Corroborative evidence is required to establish intoxication](https://werksmans.com/corroborative-evidence-is-required-to-establish-intoxication/) - By: Jacques van Wyk, Director, Andre van Heerden, Senior Associate and, Unathi Jukuda, Candidate Attorney ISSUE Whether an employer can dismiss an employee who fails a breathalyser test in circumstances where there is no corroborative evidence to prove that the employee was intoxicated to the extent that he was incapable of performing his/her duties? SUMMARY A
- [Automatically unfair dismissals versus legitimate dismissals for operational requirements: the importance of the 'true reasons' for the dismissal](https://werksmans.com/automatically-unfair-dismissals-versus-legitimate-dismissals-for-operational-requirements-the-importance-of-the-true-reasons-for-the-dismissal/) - By: Jacques van Wyk, Director, Andre van Heerden, Senior Associate and, Unathi Jukuda, Candidate Attorney ISSUE Whether, in dismissing employees, the employer was exercising its right to dismiss the employee's for operational requirements or, whether it was actually dismissing the employees in order to compel them to accept a demand of mutual interest (in this instance,
- [The right to a fair hearing trumps the contract of employment](https://werksmans.com/the-right-to-a-fair-hearing-trumps-the-contract-of-employment/) - By: Jacques van Wyk, Director and Andre Van Heerden, Senior Associate and Yusha Davidson, Candidate Attorney ISSUE Can an employee be dismissed, without due process, simply because she acted in breach of the express terms of her contract of employment? SUMMARY An employee who is removed from a client's premises as a result of failing a
- [Regulations on national minimum wage exemptions](https://werksmans.com/regulations-on-national-minimum-wage-exemptions/) - By: Jacques van Wyk, Director and Andre Van Heerden, Senior Associate and Yusha Davidson, Candidate Attorney The National Minimum Wage Bill ("the NMW Bill"), which was published on 17 November 2017, provides, among others, that the new national minimum wage will be: Subject to (b), R20 per each ordinary hour for all workers with effect of
- [The definition of “worker” in the national minimum wage bill](https://werksmans.com/the-definition-of-worker-in-the-national-minimum-wage-bill/) - By: Jacques van Wyk, Director and Andre Van Heerden, Senior Associate and Yusha Davidson, Candidate Attorney The Department of Labour has confirmed the definition of "worker" in the final draft National Minimum Wage (NMW) Bill, as agreed by the National Economic and Labour Council. The term "worker" is defined as any person who works for another
- [Is an unfair dismissal claim subject to prescription? If so, does the referral of a dispute to the ccma for conciliation interrupt the running of prescription?](https://werksmans.com/is-an-unfair-dismissal-claim-subject-to-prescription-if-so-does-the-referral-of-a-dispute-to-the-ccma-for-conciliation-interrupt-the-running-of-prescription/) - By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Are claims for unfair dismissal subject to the Prescription Act? Also, does a referral of a dispute to the CCMA for conciliation interrupt the running of prescription? SUMMARY Claims for unfair dismissals are subject to the Prescription Act. A referral of a dispute to
- [Reviewing an arbitrator's misconception of the nature of an enquiry](https://werksmans.com/reviewing-an-arbitrators-misconception-of-the-nature-of-an-enquiry/) - By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Whether, by finding that the employer should have followed an incapacity procedure instead of misconduct procedure, the arbitrator's decision is one which a reasonable decision maker could not reach. SUMMARY An arbitrator must consider the nature of the enquiry before him or her, as
- [Do restraint of trade agreements survive a transfer of a business as a going concern?](https://werksmans.com/do-restraint-of-trade-agreements-survive-a-transfer-of-a-business-as-a-going-concern/) - By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Are restraint of trade agreements transferred in terms of a section 197 transfer of business as a going concern? SUMMARY A restraint of trade agreement or undertaking is only transferred in terms of section 197 of the Labour Relations Act if it constitutes a
- [#metooza – sexual harassment in the workplace in south africa](https://werksmans.com/metooza-sexual-harassment-in-the-workplace-in-south-africa-2/) - By Bradley Workman-Davies, Director and Megan Livingstone, Candidate Attorne Recently, and on an ongoing basis, revelations of sexual harassment in Hollywood have made the headlines, and stories of sexual harassment or inappropriate behaviour amongst celebrities and entertainers are being revealed on an almost daily basis. These instances of sexual harassment have also not been limited
- [Does a gross failure in procedure expose an employer to the risk of maximum permissible compensation even if there is a justification for the dismissal?](https://werksmans.com/does-a-gross-failure-in-procedure-expose-an-employer-to-the-risk-of-maximum-permissible-compensation-even-if-there-is-a-justification-for-the-dismissal/) - By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE If a retrenchment was unavoidable, can the employer skimp on the retrenchment process or would that be viewed as both substantively and procedurally unfair? SUMMARY If an employee's dismissal was substantively fair, as the retrenchment was unavoidable, but there was a gross lack of
- [The admissibility of evidence related to discussions held during a conciliation hearing](https://werksmans.com/the-admissibility-of-evidence-related-to-discussions-held-during-a-conciliation-hearing/) - By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Can the Labour Court receive and rely on evidence related to discussions held during a conciliation hearing at the CCMA? SUMMARY Certain evidence related to discussions held during a conciliation hearing at the CCMA, such as evidence of the nature of the dispute, is
- ["WHAT CONSTITUTES HATE SPEECH?" – THE EQUALITY COURT ANSWERS](https://werksmans.com/what-constitutes-hate-speech-the-equality-court-answers/) - What constitutes hate speech On 5 October 2018, Sutherland J handed down an important judgment in the discourse of what constitutes hate speech in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 ("Equality Act"). In this matter, the South African Human Rights Commission ("Commission"), represented in this instance
- [News@Werks](https://werksmans.com/newswerks/) - IFLR1000 FINANCIAL AND CORPORATE RANKINGS (2019 EDITION) IFLR1000 has released its latest rankings which reflects our market standing within the financial and corporate practice areas. This is a sector-specific guide which covers the Sub-Saharan African legal market and bases its annual rankings on both client and peer feedback as well as on analysis of our
- ["What constitutes hate speech?" – the equality court answers](https://werksmans.com/what-constitutes-hate-speech-the-equality-court-answers-2/) - On 5 October 2018, Sutherland J handed down an important judgment in the discourse of what constitutes hate speech in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 ("Equality Act"). In this matter, the South African Human Rights Commission ("Commission"), represented in this instance by the pro bono
- [Key elements of the Mining Charter, 2018](https://werksmans.com/key-elements-of-the-mining-charter-2018/) - INTRODUCTION This note is designed to highlight the essential provisions contained in the Mining Charter, 2018 gazetted on 27 September 2018 (“the September 2018 Charter”), particularly those which have been amended subsequent to the publication of the draft Charter published for comment in June 2018 (“the June 2018 Charter”). The note also explains potential high
- [Landmark case on treatment of trading stock](https://werksmans.com/landmark-case-on-treatment-of-trading-stock/) - INTRODUCTION At about this time last year I wrote an article in relation to a decision of the Port Elizabeth Tax Court (case number 13539/13673), which found in favour of the taxpayer, and which appeared to close the gap between the valuation of closing stock under section 22 of the Income Tax Act, 1962 (the
- [When the dispute relates to personal information – the discovery vault](https://werksmans.com/when-the-dispute-relates-to-personal-information-the-discovery-vault/) - by Ahmore Burger-Smidt, Head of Data Privacy Practice A number of articles have been written and comments made in the media in relation to hundreds of Discovery Life's clients who had their personal information such as names, identity numbers and contact details disclosed in court papers. However, Discovery Life has moved swiftly to seal the
- [Access, equality and health](https://werksmans.com/access-equality-and-health/) - National Health Insurance Bill The current process to construct a national health insurance scheme for South Africa is currently underway. The first phase, of what will most certainly be a multi-phased process, has now been completed with the submission by the public of comments on the National Health Insurance Bill [B-2018] ("the NHI Bill") and its
- ["So the wolf showed his teeth" - not again Facebook!](https://werksmans.com/so-the-wolf-showed-his-teeth-not-again-facebook/) - by Ahmore Burger-Smidt, Head of Data Privacy Practice "Little pigs! Little pigs! Let me in! Let me in!" "No! No! No! Not by the hairs on our chinny chin chin!" "Then I'll huff and I'll puff and I'll blow your house down." In The Three Little Pigs, the conflict centres around the fact that the
- [Different sanctions for employees who participated in an unlawful strike](https://werksmans.com/different-sanctions-for-employees-who-participated-in-an-unlawful-strike-2/) - By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Does the application of different discipline and issuing of different sanctions to certain employees who participated in an unprotected strike render their dismissal unfair? SUMMARY Disciplinary fairness does not require consistency, but it is an element that is considered by the court. Where an
- [Employer's threat of criminal and civil proceedings against an employee](https://werksmans.com/employers-threat-of-criminal-and-civil-proceedings-against-an-employee/) - By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Can an employer's threat of criminal and civil proceedings against an employee arising out of the employee's misconduct constitute conduct which renders the working environment intolerable for the employee? SUMMARY An employer's threat to an employee of criminal and civil proceedings in relation to
- [Different sanctions for employees who participated in an unlawful strike](https://werksmans.com/different-sanctions-for-employees-who-participated-in-an-unlawful-strike/) - By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Does the application of different discipline and issuing of different sanctions to certain employees who participated in an unprotected strike render their dismissal unfair? SUMMARY Disciplinary fairness does not require consistency, but it is an element that is considered by the court. Where an
- [New Commercial Courts to include intellectual property matters](https://werksmans.com/new-commercial-courts-to-include-intellectual-property-matters/) - On 3 October 2018, the Judge President of the Gauteng division of the High Court issued a Commercial Court Practice Directive, which will apply to the Gauteng Local Division (Johannesburg High Court) and Gauteng Division (Pretoria High Court). The Directive was effective immediately. The Commercial Court, which will be administered as part of the High
- [Dawn raid in a box](https://werksmans.com/dawn-raid-in-a-box/) - A dawn raid can be carried out on any business, big or small, and companies must be mindful of the possibility of a raid. It is essential to plan for a possible dawn raid to ensure that employees are briefed and ready to respond efficiently and properly in what may be a chaotic and stressful
- [Are landlords and property owners better off with the proposed Amendment to Chapter 6?](https://werksmans.com/are-landlords-and-property-owners-better-off-with-the-proposed-amendment-to-chapter-6/) - The anticipated amendments to the Companies Act 71 of 2008 have proposed one change to Chapter 6 of the 2008 Act. It is somewhat surprising that out of all the sections in the 2008 Act in respect of which changes could be made, that changes have only been proposed to section 135 – the section
- [Constitutional Court judgment: CCT 265/17 Maledu v Itereleng Bakgatla Mineral Resources](https://werksmans.com/constitutional-court-judgment-cct-265-17-maledu-v-itereleng-bakgatla-mineral-resources/) - On 25 October 2018, the Constitutional Court in case number CCT 265/17 handed down judgment in an application for leave to appeal against the decision of the High Court of South Africa, North West Division, Mahikeng. The judgment has direct bearing on the interpretation of section 54 of the Mineral and Petroleum Resources Development Act
- [Hey administrator, did you consult with the public and stakeholders on that decision?](https://werksmans.com/hey-administrator-did-you-consult-with-the-public-and-stakeholders-on-that-decision/) - A win for communities and the environment, but yet another hurdle for an ailing mining sector. The impact of the recent judgments involving Atha–Africa Ventures (Pty) Ltd should have investors raising eyebrows and taking a more judicious look at their prospective mineral resource plans. In Mining and Environmental Justice Community Network of South Africa and
- [Trade mark your cannabis concept](https://werksmans.com/trade-mark-your-cannabis-concept/) - Brand owners take note, the movement to legalise the possession and consumption of cannabis is real. With the growing global trend to recognise cannabis as legal, it can only be a matter of time until various other cannabis products will be legalised too. Canada is the first G-7 country allowing the legal consumption of recreational
- [Direct marketing: the wild west to be tamed by POPIA](https://werksmans.com/direct-marketing-the-wild-west-to-be-tamed-by-popia/) - by Ahmore Burger-Smidt, Head of Data Privacy Practice The POPIA[1] centres around eight Conditions detailing how personal information should be handled while regard is given to the privacy of the individual and information. These Conditions give individuals specific rights in relation to their personal information and place certain obligations on those companies that are responsible
- [The national minimum wage bill is now law](https://werksmans.com/the-national-minimum-wage-bill-is-now-law/) - By: Bradley Workman-Davies, Director and Megan Livingstone, Candidate Attorney On 23 November 2018, the president of the Republic of South Africa ("RSA"), Cyril Ramaphosa, assented to and signed into law the National Minimum Wage Bill bringing into force the National Minimum Wage Act 9 of 2018 ("the Act"). The Act provides for a national minimum
- [Long road to data protection](https://werksmans.com/long-road-to-data-protection/) - On 14 December 2018, the Regulations relating to the Protection of Personal Information were finally published by the Information Regulator ("Regulator") under section 112(2) of the Protection of Personal Information Act, Act 4 of 2013. These Regulations shall commence on a date to be determined by the Regulator by Proclamation in the Government Gazette. WHAT YOU
- [Ten things you need to know about amendments to the Competition Act](https://werksmans.com/ten-things-you-need-to-know-about-amendments-to-the-competition-act/) - On 4 December 2018 the National Council of Provinces voted to approve the Competition Amendment Bill of 2018. With this vote, the Bill has now completed the Parliamentary process. All that remains is for the President to formally assent to the Bill and announce its commencement date.This is expected to happen shortly. The Bill constitutes
- [Roger federer - the ownership of the trade mark comprising of his initials](https://werksmans.com/roger-federer-the-ownership-of-the-trade-mark-comprising-of-his-initials/) - By Donvay Wegierski, Director In August 2018, tennis champion Roger Federer terminated the sponsorship agreement with Nike having entered a US$300 million contract with Japanese casual wear, designer, manufacturer and clothing retailer Uniqlo. On termination a dispute arose concerning Nike's ownership of the trade mark , which Nike has registered as a trade mark in
- [Can you copy a product of someone else?](https://werksmans.com/can-you-copy-a-product-of-someone-else/) - By Janine Hollesen, Director This question was all over social media and media reports when the owner of Ubuntu Baba used the power of social media to bring to the attention of the South African public, its copying allegations against Woolworths in relation to a baby carrier. This again illustrates the legs which social media
- [South Africa: primark cancelled due to non-use](https://werksmans.com/south-africa-primark-cancelled-due-to-non-use/) - By Janine Hollesen, Director Truworths brought a cancellation application against Primark Holdings’ registration for PRIMARK on the basis that the mark had not been used. A mark can be removed from the register, on application by a third party, if it has not been used for 5 years. These applications are generally heard by the
- ['Deal' or 'No Deal' - brexit and trade marks](https://werksmans.com/deal-or-no-deal-brexit-and-trade-marks/) - By Donvay Wegierski, Director Depending on the circumstances, the following considerations and time frames concerning trade marks in the UK are expected to apply to European Trade Marks (“EUTM's”)*. The UK and EU reach a 'deal' before 29 March 2019: All EUTM trade mark registrations will be considered in force and effect in the UK
- [Brexit And Trade Marks - What Is Next](https://werksmans.com/brexit-and-trade-marks-what-is-next/) - The following considerations and time frames concerning trade marks in the UK are expected to apply to European Trade Marks (“EUTM’s”)*: The UK and EU reach a ‘deal’: All EUTM trade mark registrations will be considered in force and effect in the UK until 21 January 2021 whereafter UK trade marks will automatically be created,
- [African competition law developments in 2018 and the outlook for 2019](https://werksmans.com/african-competition-law-developments-in-2018-and-the-outlook-for-2019/) - Africa is sometimes described as the "last frontier" of competition law. This observation arises because many African countries have only recently adopted modern competition laws (South Africa only did so in 1999) and some key countries (like Nigeria and Uganda) have not yet done so. However, African competition law is developing rapidly and needs to
- [Cutting edge issues for south african boards of directors facing financial distress in 2019](https://werksmans.com/cutting-edge-issues-for-south-african-boards-of-directors-facing-financial-distress-in-2019/) - INTRODUCTION Over the years, South African directors have, from time to time been faced with claims of malfeasance, reckless trading, fraud and negligent behaviour, all of which potentially cause damage to shareholders (loss of share value) and where damages are sustained by creditors who have supplied goods and services on credit to the company. The
- [Woolworths Vs Ubuntu Baba Saga](https://werksmans.com/woolworths-vs-ubuntu-baba-saga/) - 2019 certainly started with a bang for Woolworths when social media carried the story of its sale of a baby carrier, which Woolworths had stated was similar to the Ubuntu Baba carrier. The absolute speed at which the story gained momentum once again illustrates the power and impact of social media, which in a sense
- [A dismissal arising out of a failure to work overtime for religious reasons may be found to be automatically unfair](https://werksmans.com/a-dismissal-arising-out-of-a-failure-to-work-overtime-for-religious-reasons-may-be-found-to-be-automatically-unfair/) - By: Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney ISSUE Whether the dismissal of an employee who refused to work contractually agreed upon days due to the tenets of her religious convictions was automatically unfair? SUMMARY An employer who seeks to dismiss an employee for refusing to work on
- [Fixed term contracts – how are they justified?](https://werksmans.com/fixed-term-contracts-how-are-they-justified/) - The use of fixed term contracts of employment appeals to employers for a number of reasons, some of which are legitimate and others of which are frowned upon by the Labour Courts and Commission for Conciliation, Mediation and Arbitration (“the CCMA”). In particular, where fixed term contracts are used by employers to avoid the consequences
- [Court victory enables asylum seekers to claim unemployment benefits](https://werksmans.com/court-victory-enables-asylum-seekers-to-claim-unemployment-benefits/) - By: The Werksmans Pro Bono Team For many years, asylum seekers attempting to claim benefits from the Unemployment Insurance Fund (UIF) have routinely been turned away by the Department of Labour, despite having made contributions to the Fund during their employment. However, following a ruling of the High Court of South Africa, Gauteng Division (Pretoria) on
- [Mining charter 2018 - key elements in the implementation guidelines](https://werksmans.com/mining-charter-2018-key-elements-in-the-implementation-guidelines/) - By Chris Stevens, Head of Mining & Resources Practice, Kathleen Louw, Director and Bronwyn Parker, Senior Associate INTRODUCTION The Mining Charter, 2018 was gazetted on 27 September 2018 ("the September 2018 Charter"). This note analyses potential high level implications of the Implementation Guidelines (GN 1399 GG 42122 of 19 December 2018) ("the Implementation Guidelines") and
- [How long is too long?  Suspension of an employee pending a disciplinary process](https://werksmans.com/how-long-is-too-long-suspension-of-an-employee-pending-a-disciplinary-process/) - By Bradley Workman-Davies, Director and Mishkah Abdool Sattar, Candidate Attorney Very often, an employee is suspended while an investigation is conducted into allegations of misconduct, or pending the holding and outcome of a disciplinary hearing. South African labour laws do not require such a suspension to be anything more than "fair", and there is no
- [Use it or lose it!](https://werksmans.com/use-it-or-lose-it/) - By Janine Hollesen, Head of Intellectual Property Practice It is important that a trade mark is used as non-use could lead to the cancellation of the mark, if it has not been used for 5 years, that is illustrated by the PRIMARK case, which has resulted in the removal of the mark from the South
- [National minimum wage amendment bill, 2019](https://werksmans.com/national-minimum-wage-amendment-bill-2019/) - By Jacques van Wyk, Director and Unathi Jukuda, Candidate Attorney On 22 February 2019 the Portfolio Committee on Labour published a notice in the Government Gazette introducing the National Minimum Wage Amendment Bill which is intended to correct a technical error contained in section 17(4) of the National Minimum Wage Act 9 of 2018 ("the
- [How long is too long?  Suspension of an employee pending a disciplinary process](https://werksmans.com/how-long-is-too-long-suspension-of-an-employee-pending-a-disciplinary-process-2/) - By Bradley Workman-Davies, Director and Mishkah Abdool Sattar, Candidate Attorney Very often, an employee is suspended while an investigation is conducted into allegations of misconduct, or pending the holding and outcome of a disciplinary hearing. South African labour laws do not require such a suspension to be anything more than “fair”, and there is no
- [Is a pre-suspension hearings necessary for a precautionary suspension?](https://werksmans.com/is-a-pre-suspension-hearings-necessary-for-a-precautionary-suspension/) - By Jacques van Wyk, Director and Chelsea Roux, Candidate Attorney ISSUE Whether there is a requirement for a pre-suspension hearing in the case of a precautionary suspension. SUMMARY In the case of a precautionary suspension, an employer is not obliged to hold a pre-suspension hearing if the suspension is for a fair reason and causes
- [Don't be intimidated into relying on a SARS interpretation note](https://werksmans.com/dont-be-intimidated-into-relying-on-a-sars-interpretation-note/) - The SARS states, on its website (www.sars.gov.za), that its "Interpretation Notes are intended to provide guidelines to stakeholders (both internal and external) on the interpretation and application of the provisions of the legislation administered by the Commissioner". However, this statement was brought into question by the Constitutional Court last year, in application for leave to
- [Employee's right to privacy](https://werksmans.com/employees-right-to-privacy/) - In National Union of Metalworkers of South Africa and other v Rafee NO and others (2017) JOL 37705 (LC), the court weighed up the competing interest of an employee's right to privacy and the employer's right in protecting his business. An employee was dismissed on two charges, one charge was due to the employee failing
- [Trade Marks:  USA and Consent Agreements](https://werksmans.com/trade-marks-usa-and-consent-agreements/) - Anyone who has a commercial presence in the USA or intends entering the US market will know that the United States Trade Mark Office ("USPTO") is strict when examining US trade mark applications for acceptance. Identical marks or marks that the USPTO considers confusingly similar to a later filed trade mark usually results in the
- [Directors' liability and the competition commission's corporate leniency policy for cartel contraventions](https://werksmans.com/directors-liability-and-the-competition-commissions-corporate-leniency-policy-for-cartel-contraventions/) - The Corporate Leniency Policy ("CLP") was published by the Competition Commission in 2004 and remains the principal tool employed by the Commission in cartel investigations and enforcement. The successful cartel member who is "first to the door" is granted immunity from significant penalties (up to 10% of South African turnover and exports for a first
- [National Minimum Wage Bill tabled in Parliament](https://werksmans.com/national-minimum-wage-bill-tabled-in-parliament/) - By Jacques van Wyk, Director and Chelsea Roux, Candidate Attorney The Portfolio Committee on Labour met in January 2019 to discuss a possible amendment to the National Minimum Wage Act 9 of 2019 (the "NMW Act") as contained in the National Minimum Wage Bill (the "Bill"). The Bill is meant to correct a cross-reference in
- [New system to be launched to expose non-compliance with the national minimum wage act 9 of 2018](https://werksmans.com/new-system-to-be-launched-to-expose-non-compliance-with-the-national-minimum-wage-act-9-of-2018/) - By Jacques van Wyk, Director and Chelsea Roux, Candidate Attorney On 7 March 2019, the Department of Labour ("DOL") released a media brief noting that the Commission for Conciliation, Mediation and Arbitration ("CCMA") has requested that the DOL investigate the growing practice of deliberate circumvention of labour laws amongst employers. Since its enactment on 1
- [The national minimum wage act is now law](https://werksmans.com/the-national-minimum-wage-act-is-now-law/) - By Bradley Workman-Davies, Director On 23 November 2018, the president of the Republic of South Africa ("RSA"), Cyril Ramaphosa, assented to and signed into law the National Minimum Wage Bill bringing into force the National Minimum Wage Act 9 of 2018 ("the Act"). The Act provides for a national minimum wage and deals with all
- [#METOO in the workplace: how to prevent and address sexual harassment](https://werksmans.com/metoo-in-the-workplace-how-to-prevent-and-address-sexual-harassment/) - By Jacques van Wyk, Director and Chelsea Roux, Candidate Attorney INTRODUCTION Awareness of sexual harassment in the workplace has become particularly pronounced over recent years due to rising awareness on social media platforms following the #METOO movement. The #METOO movement began gaining prominence on social media during October 2017. The movement aims to highlight the
- [Employee's right to privacy](https://werksmans.com/employees-right-to-privacy-2/) - By Bradley Workman-Davies, Director and Mishkah Abdool Sattar, Candidate Attorney In National Union of Metalworkers of South Africa and other v Rafee NO and others (2017) JOL 37705 (LC), the court weighed up the competing interest of an employee's right to privacy and the employer's right in protecting his business. An employee was dismissed on
- [Informal complaint initiation – complaints initiated on a 'wink and a nod'](https://werksmans.com/informal-complaint-initiation-complaints-initiated-on-a-wink-and-a-nod/) - INTRODUCTION A recent decision by the Supreme Court of Appeal ("SCA") has given the Competition Commission (the "Commission") some latitude to initiate a complaint against a firm, without having to follow the procedural formalities required of private complainants. It would now appear possible for the Commission to investigate the activities of a firm without first
- [South African musician Daniel Baron vs David Guetta](https://werksmans.com/south-african-musician-daniel-baron-vs-david-guetta/) - A South African artist, Daniel Baron has accused David Guetta of copying his 2016 song, "Children of the Sun". As far as can be seen from media reports a letter of demand has been sent to the various parties representing Guetta and it is unknown as to what the response has been or whether any
- [Trade marks: changes to the Canadian trade marks act](https://werksmans.com/trade-marks-changes-to-the-canadian-trade-marks-act/) - On 17 June 2019 the Canadian Trade Marks Act will be introducing several changes pursuant to it joining the Madrid Protocol. The most significant changes are set out in the below table: CURRENT AMENDMENT AS OF 17 JUNE 2019 I A Declaration of Use of the mark in Canada is required to attain registration. The
- [South African copyright bill vs European Union copyright directive – poles apart](https://werksmans.com/south-african-copyright-bill-vs-european-union-copyright-directive-poles-apart/) - Much has been written of late about the South African Copyright Bill which has attracted a significant amount of criticism from various quarters as being opposed to the interests of creators of copyrighted works and also in respect of the poor technical drafting thereof. The reason for having intellectual property legislation, including in respect of
- [United Kingdom - game of thrones vs game of vapes](https://werksmans.com/united-kingdom-game-of-thrones-vs-game-of-vapes/) - The UK Intellectual Propety Office ("UKIPO") has dismissed Home Box Office ("HBO") trade mark opposition filed against the registration of GAME OF VAPES in class 34 for 'Tobacco, smoker articles', matches' in the UK. HBO relied on its prior EU registration for GAME OF THRONES in class 34 asserting that there is likelihood of confusion
- [When machines make decisions: Understanding the impact of the protection of personal information act, 2013 ("Popia")](https://werksmans.com/when-machines-make-decisions-understanding-the-impact-of-the-protection-of-personal-information-act-2013-popia/) - Companies, when obtaining and processing personal information must not mislead and must also provide certain information to the individual data subjects. The data protection regime in terms of POPIA[1] provides for a number of rights to individuals in relation to their personal information and information privacy. Transparency and consent are very important aspects of respecting and
- [Jurisdiction in South African Labour Law](https://werksmans.com/jurisdiction-in-south-african-labour-law/) - Jurisdiction can be defined as the competence of a court to hear and determine an issue between the parties. A court may have limitations to its jurisdiction due to the subject matter, amount in dispute, territory and the parties. The topic of jurisdiction is particularly important in deciding whether a court, or similar tribunal has
- [The inadvertent 8c trap](https://werksmans.com/the-inadvertent-8c-trap/) - Section 8C of the Income Tax Act 1962 (the Act) includes in a taxpayer's income any gains or losses made upon the vesting of an equity instrument (usually a share in a company or an option) that is acquired by virtue of that taxpayer's employment or the holding of any office of director. Its application generally
- [Not your friend, buddy](https://werksmans.com/not-your-friend-buddy/) - The requirement to register as a credit provider under the National Credit Act That the National Credit Act[1] (the NCA) is not a model of clarity has been recognised by the Superior Courts on several occasions. One of the respects in which the NCA has created confusion relates to the obligation to register as a
- [What does the protection of personal information act, 2013 mean for south African elections?](https://werksmans.com/what-does-the-protection-of-personal-information-act-2013-mean-for-south-african-elections/) - by Ahmore Burger-Smidt, Head of Data Privacy Practice and Mahlogonolo Motimele, Candidate Attorney A CLOSER LOOK AT THE VOTERS ROLL POPIA applies to the processing of information, by automated and non-automated means, by persons domiciled in the Republic or persons using processing means in the Republic[1], this includes political parties. The planning, implementation and management
- [No work on public holidays – a gift from the labour appeal court](https://werksmans.com/no-work-on-public-holidays-a-gift-from-the-labour-appeal-court/) - In terms of the Basic Conditions of Employment Act, 75 of 1997 ("BCEA"), all employees are entitled to a minimum number of days leave per year. This minimum leave entitlement is 21 consecutive days leave per annual leave cycle, which is in effect 15 working days leave per annum. The BCEA also provides for additional
- [Jurisdiction in south african labour law](https://werksmans.com/jurisdiction-in-south-african-labour-law-2/) - Labour law and jurisdiction Jurisdiction can be defined as the competence of a court to hear and determine an issue between the parties. A court may have limitations to its jurisdiction due to the subject matter, amount in dispute, territory and the parties. The topic of jurisdiction is particularly important in deciding whether a court,
- [The qualified legalisation of cannabis does not extend to the workplace](https://werksmans.com/the-qualified-legalisation-of-cannabis-does-not-extend-to-the-workplace/) - By Jacques van Wyk, Director, Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney ISSUE Whether the recent Constitutional Court case of Minister of Justice and Correctional Services v Prince and Others, in which the private use of cannabis was declared legal, has any bearing on an employer's ability to discipline employees for being
- [Thank you energy minister, now let’s hurry](https://werksmans.com/thank-you-energy-minister-now-lets-hurry-2/) - Former Energy Minister Jeff Radebe has at last told the National Energy Regulator of South Africa (Nersa) to license applications from businesses allowing them to generate their own power and feed it into the national grid. Radebe’s welcome move will certainly help in alleviating electricity supply constraints as it opens the generation market to allow
- [ECOWAS REGIONAL COMPETITION AUTHORITY LAUNCHES IN THE GAMBIA](https://werksmans.com/ecowas-regional-competition-authority-launches-in-the-gambia/) - By Ahmore Burger-Smidt, Director, Head of Data Privacy Practice, Werksmans Advisory Services The Commission of the Economic Community of West African States ("ECOWAS") officially launched its Regional Competition Authority today in Banjul, The Gambia. The ECOWAS Regional Competition Authority ("ERCA") is established to implement the Regional Competition Rules adopted by the ECOWAS Authority in 2008.
- [Original Integrated Resource plan should still be SA’s roadmap to solving energy crisis](https://werksmans.com/original-integrated-resource-plan-should-still-be-sas-roadmap-to-solving-energy-crisis/) - The original Integrated Resource Plan (IRP) of 2010 should still be our roadmap to solving South Africa’s energy problems. The plan set the target of about 45% of our total energy mix to come from renewables by 2030. We are already halfway there and are way behind targets. But can we catch up? The updated
- [Probono@Werks](https://werksmans.com/probonowerks-3/) - DIEPSLOOT PRO BONO LAW CLINIC – PROUDLY GROWING FROM STRENGTH TO STRENGTH The Diepsloot Law Clinic opened its doors in 2012. This law clinic is the only one of its kind in Diepsloot. It currently operates weekly, on Tuesdays, and provides pro bono legal assistance to indigent people in the Diepsloot Township and surrounding areas.
- [BPR 314: An interesting ruling on several levels](https://werksmans.com/bpr-314-an-interesting-ruling-on-several-levels/) - By Doelie Lessing, Director and Nicholas Fairbairn, Candidate Attorney On 13 December 2018, the South African Revenue Service issued Binding Private Ruling 314, which deals with interesting aspects relevant to Venture Capital Companies (VCCs) but also issues of more general interest. The ruling was sought in the context of a VCC investing in a company
- [International arbitration in South Africa – a new chapter](https://werksmans.com/international-arbitration-in-south-africa-a-new-chapter/) - By Des Williams, Director, Head of Arbitration Practice The enactment of the International Arbitration Act 2017 ("International Arbitration Act"), which applies the United Nations Commission on International Trade Laws Model Law ("the UNCITRAL Model Law) to international arbitration, marks an important step in the development of international arbitration in South Africa. South Africa is now
- [Trade Marks: Changes to the canadian trade marks act](https://werksmans.com/trade-marks-changes-to-the-canadian-trade-marks-act-2/) - By Donvay Wegierski, Director On 17 June 2019, the Canadian Trade Marks Act will be introducing several changes pursuant to it joining the Madrid Protocol, most significantly that it is no longer necessary to provide evidence of use of a mark in Canada to secure registration. With North America being a major trading partner for
- [Broad-based trusts - is the BBBEE commission moving the goal posts or simply applying the law?](https://werksmans.com/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 and commentary on the use of broad-based trusts in BBBEE ownership structures. The Commissioner stated that the "vast majority" of transactions involving such trusts were not compliant with the
- [You don't want to be counted as a victim!](https://werksmans.com/you-dont-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 personal information and identity theft is indeed an area of great concern to business and also data subjects. This has been the status for years irrespective of the introduction
- [DOES THE USE OF RACIST COMMENTS WARRANT DISMISSAL?](https://werksmans.com/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 utters racist comments in the workplace? SUMMARY Racist comments have no place in society or the workplace. Racist comments by an employee can justify dismissal. FACTS The Commission for
- [FALSE ALLEGATIONS OF RACISM MAY BE GROUNDS FOR DISMISSAL](https://werksmans.com/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 racism against another employee can be dismissed? SUMMARY Employees can be dismissed for making false accusations of racism. FACTS In the recent case of National Union of Metalworkers of
- [An employer’s prerogative to employ the candidate it deems best](https://werksmans.com/an-employers-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 Sands (case number KNRB1750-18) the Commissioner had to decide whether the applicant, the second best candidate, was entitled to be appointed to a vacant position because the best candidate
- [IP & LEGACY](https://werksmans.com/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 year on his birthday. Madiba's legacy is vigorously safeguarded and fundamental is the intellectual property residing in Nelson Mandela's image, name and quotations, owned and protected by the Nelson
- [Significant Changes Made To The Codes Of Good Practice On Broad-based Black Economic Empowerment](https://werksmans.com/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, skills development, the definitions used in the Codes and the general principles and generic score card in the Codes. The amendments will take effect on 31 November 2019. Key changes
- [BBBEE Commission Makes Findings Against Eskom](https://werksmans.com/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 procurement process for a R4 billion boiler at Duvha Power Station. Eskom's procurement policy and tender specifically required tenderers to have a level 4 BBBEE rating. Eskom awarded the tender to
- [The Legal Position Concerning Strict Compliance With The Stipulations In A Demand Guarantee](https://werksmans.com/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 Sun") had an agreement in terms of which Sasol would provide fuel on credit to Golden Sun. As security for its obligations to Sasol, Golden Sun concluded a General
- [Does Validity Of A Contract Trump All Considerations In Review Of Agreements With Organs Of State?](https://werksmans.com/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 judges (Basson AJ, Dlodlo AJ, Goliath AJ, Nhlantla J and Petse AJ) concurring. This case is worth a read not only because it builds upon the foundations of what
- [When Can Taxpayers Rely On Prescription Of Assessments?](https://werksmans.com/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 an income tax assessment after three years have expired since the date of issue. This is colloquially referred to as "prescription". In the case of self-assessment, such as VAT
- [The Banking Regulation Review - Edition 10](https://werksmans.com/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 the economy, to ensure institutional safety and soundness, and to promote consumer protection. Notwithstanding the turmoil experienced in international financial markets, the South African banking sector has remained sound
- [Retrenchment Remedies – Getting The Process Back On Track](https://werksmans.com/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 Act 66 of 1995 ("LRA"). This section sets out procedural guidelines on how employers should go about conducting the retrenchment consultation exercise before making any final decisions about retrenchments.
- [Workplace Bullying: Remedies And Recourse In South African Law](https://werksmans.com/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, and most employees are well aware of their rights to not be unfairly dismissed, and to not be subject to unfair labour practices. Additionally, it is usually easy to
- [Fortnite, Wimbeldon And Tour De France](https://werksmans.com/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 the prize money in Epic Game's Fortnite World Cup 2018/2019 is said to be around US$3.000.000 and tops the major sporting events* prize money being higher than that of
- [European Union: Adidas Ruling](https://werksmans.com/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 registration comprising three stripes depicted as: This trade mark was filed in 2014 and the registration thereof challenged by Belgian company, Shoe Branding Europe. The General court ruled that
- [Amendments To China's Trade Mark Laws](https://werksmans.com/amendments-to-chinas-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 including: Increasing the content against bad-faith registration for the purpose of regulating the acts of bad-faith applications and hoarding registrations otherwise known as "trade mark squatters". Reinforcing the penalties
- [When Kimono Became Kimohno! – Don't Be Caught Off Guard When Choosing Your Trade Mark](https://werksmans.com/when-kimono-became-kimohno-dont-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 for a new line of shapewear. Trade mark applications were filed in the USA in logo format as shown below: The power of social media once again showed its
- [Werksmans Women Winners](https://werksmans.com/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, human rights or the pro bono sector. Bulelwa Mabasa's submission was for Best Woman Lawyer in Land Rights which based on her contribution not only to Werksmans in this
- [The Case Of Non-traditional Trade Marks – Can The Soles Of Shoes Be Protected As Trade Marks?](https://werksmans.com/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 Bata Brands SARL ("Bata") sued Novita Shoes CC ("Novita"). Novita, a family-run shoe manufacturing company was sued by Bata for trade mark infringement of its registrations for non-traditional trade
- [BBBEE Commission Makes Finding Against The MTN Zakhele Futhi Scheme](https://werksmans.com/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. This is only the fourth case in respect of which final findings have been published by the Commission. The Commission found that the Scheme contains "elements of fronting" in
- [Where The Courts Draw The Line On Making Settlement Agreements Orders Of Court](https://werksmans.com/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 and minority judgments, the rulings of Theron J on the one hand and Cameron and Froneman J on the other were particularly scathing concerning the manner in which the
- [The Risk Of Departing From Disciplinary Guidelines](https://werksmans.com/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 a sanction on an employee. SUMMARY Disciplinary codes are intended to be used as guidelines in the application of discipline in the workplace. Employers may depart from such codes
- [Reinstatement Not Always An Appropriate Remedy](https://werksmans.com/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 found to be substantively unfair. SUMMARY In certain instances, the Commission for Conciliation, Mediation and Arbitration ("CCMA") or the Court, may deviate from the obligation to award reinstatement where
- [Red Carded For Playing The Race Card](https://werksmans.com/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 place societally on a daily basis. In the context of employment, there is by now little doubt that any conduct in the workplace that demonstrates racism, or discrimination on
- [PROPOSED TIGHTENING OF THE ANTI-DIVIDEND STRIPPING PROVISIONS](https://werksmans.com/proposed-tightening-of-the-anti-dividend-stripping-provisions/) - By Erich Bell, Director and Ryan Damon, Candidate Attorney During 2017 and 2018, several changes pertaining to the tax treatment of share buy-backs and so-called "dividend stripping transactions" were introduced to amend the Income Tax Act, No 58 of 1962 ("Act"). Primarily these changes were aimed at preventing the avoidance of Capital Gains Tax ("CGT"),
- [SUPERMAC VS MCDONALDS – THE TRADE MARK BATTLE CONTINUES](https://werksmans.com/supermac-vs-mcdonalds-the-trade-mark-battle-continues/) - By Donvay Wegierski, Director The European Union Intellectual Property Office (EUIPO) has partially cancelled McDonald's EU trade mark registration for MC. Favouring the non-use application brought by Irish fast food chain Supermac that McDonalds has since appealed comes just a few months after the EUIPO cancelled McDonald's BIG MAC EU registration. In terms of the
- [ARE YOUR CONTRACTS WITH SUPPLIERS / CONTRACTORS SUFFICIENT TO ENSURE COMPLIANCE WITH POPIA?](https://werksmans.com/are-your-contracts-with-suppliers-contractors-sufficient-to-ensure-compliance-with-popia/) - By Tebogo Sibidla, Director and Kirsten Whitworth, Senior Associate In anticipation of the coming into operation of the Protection of Personal Information Act, 2013 ("POPIA"), many companies are making changes to various business processes, systems and documents. Key documents under review include contracts with suppliers, contractors or other persons who process personal information on behalf
- [HAUNTED BY THE PAST … UNTIL WHEN SHOULD HISTORIC CARTEL CONDUCT SPOOK YOU?](https://werksmans.com/haunted-by-the-past-until-when-should-historic-cartel-conduct-spook-you/) - By Rudolph Raath, Director and Megan Livingstone COMPETITION COMMISSION V PICKFORDS REMOVAL (167/CAC/Jul18) How long does a firm remain at risk after having ceased contravening the Competition Act 89 of 1998 ("the Competition Act")? The starting point is section 67(1): "A complaint in respect of a prohibited practice that ceased more than three years before
- [THE LAW ON LAND INVASION](https://werksmans.com/the-law-on-land-invasion/) - By Anele Ngidi, Director Land invasions have become an all too familiar fixture of our daily headlines. Images of occupiers against law enforcement and sometimes also affected or neighbouring communities opposed to the invasion often leave land owners nervous. Both land under the control of national, provincial government or a municipality and privately-owned land are
- [NO MANDATORY REQUIREMENT FOR SOUTH AFRICANS TO JOIN FUND UNDER NHI BILL AS CURRENTLY PROPOSED](https://werksmans.com/no-mandatory-requirement-for-south-africans-to-join-fund-under-nhi-bill-as-currently-proposed/) - By Neil Kirby, Director The publication of the National Health Insurance Bill [B11-2009] has resulted in much public comment as to the future of healthcare in South Africa. The National Health Insurance Bill or NHI Bill, as it is colloquially known, proposes a Fund to purchase healthcare services on behalf of those persons eligible to
- [The Failure To Communicate An Extension Of Probation Does Not Always Amount To A Confirmation Of Permanent Employment](https://werksmans.com/the-failure-to-communicate-an-extension-of-probation-does-not-always-amount-to-a-confirmation-of-permanent-employment/) - By Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney Reviewed by Jacques van Wyk, Director ISSUE Whether an employee is a permanent employee at the end of the agreed probationary period where the employer does not explicitly confirm permanent employment and the employee's contract of employment requires such a confirmation and the employee
- [New EEA Form Issued In Terms Of The Employment Equity Act](https://werksmans.com/new-eea-form-issued-in-terms-of-the-employment-equity-act/) - By Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney Reviewed by Jacques van Wyk, Director Section 27(1) of the Employment Equity Act 55 of 1998 ("Act") provides that every designated employer must submit an income differential statement to the Employment Conditions Commission on the remuneration and benefits received in each occupational level of
- [I PAID HIM MORE BECAUSE HE ASKED FOR MORE](https://werksmans.com/i-paid-him-more-because-he-asked-for-more/) - By Bradley Workman-Davies, Director Case law is beginning to develop the South African labour law around unfair discrimination which has arisen since the introduction of the "equal pay for equal work" provisions of the Employment Equity Act, 55 of 1998 ("EEA"), in 2014. Although the EEA created this right and protection for employees by introducing
- [Average data breach costs SA companies R50m](https://werksmans.com/average-data-breach-costs-sa-companies-r50m/) - With data breaches becoming commonplace it seems as if businesses need to now consider not whether they will be victims of a data breach but rather when. People doing business with any company expect them to keep their data safe. So when there is a data breach it results in not only a large cost
- [The major cyber security risks to your business](https://werksmans.com/the-major-cyber-security-risks-to-your-business/) - by Ahmore Burger-Smidt, Head of Data Privacy Practice Online security is one of the most important things to consider in today’s business world. Much is made of how individuals need to be aware of cyber security risks, but businesses, which hold so much of our private data, need to take equal care. The potential threat
- [IFLR1000 Financial and Corporate Rankings 2020 Edition](https://werksmans.com/iflr1000-financial-and-corporate-rankings-2020-edition/) - IFLR1000 has released its latest rankings which reflects our market standing within the financial and corporate practice areas. This is a sector-specific guide which covers the Sub-Saharan African legal market and bases its annual rankings on both client and peer feedback as well as on analysis of our transactional highlights. The firm was ranked as follows:
- [Imminent Changes to US Immigration Program](https://werksmans.com/imminent-changes-to-us-immigration-program/) - There has been a lot of recent media attention surrounding the EB-5 Investment Visa Program, and for good reason. South African residents are not able to emigrate for exchange control purposes (sometimes referred to as a financial emigration) unless they have a lawful right of abode in the country to which they intend to emigrate
- [POPIA and RICA – ACRONYMS AND PRIVACY](https://werksmans.com/popia-and-rica-acronyms-and-privacy/) - By Ahmore Burger-Smidt, Head of Data Privacy Practice In digital era, privacy must be a priority. Is it just me, or is secret blanket surveillance obscenely outrageous? – Al Gore The right to privacy is a fundamental right afforded to all South African citizens in terms of the Constitution. The Protection of Personal Information Act,
- [The Case Of Copy-cat Packaging](https://werksmans.com/the-case-of-copy-cat-packaging/) - By Janine Hollesen, Director, Head of Intellectual Property Practice Not only must a manufacturer of products consider whether the packaging would constitute trade mark or copyright infringement, but also whether the get-up of the product will be too similar to that of a competitor. In a recent case Nivea sued the producers of a shower
- [When Is A Final Award Final?](https://werksmans.com/when-is-a-final-award-final/) - By Pierre Burger, Director One of the cardinal sins an arbitration tribunal can commit is to deliver a final award that is not in fact final, meaning that it does not dispose finally of all remaining issues outstanding in the arbitration – bearing in mind that one or more issues may have been finally disposed
- [Fringe Benefit Resulting From The Payment By An Employer For The Provision Of Tax Consulting Services To Its Expatriate Employees](https://werksmans.com/fringe-benefit-resulting-from-the-payment-by-an-employer-for-the-provision-of-tax-consulting-services-to-its-expatriate-employees/) - By Erich Bell, Director In the recent case of BMW South Africa (Pty) Ltd v The Commissioner for the South African Revenue Service (1156/18) [2019] ZASCA 107 (6 September 2019), the Supreme Court of Appeal ("SCA") was required to consider whether the payment by BMW South Africa Proprietary Limited ("BMW SA") to tax consulting firms
- [The Importance Of Having A Justifiable Reason For Fixed Term Employment](https://werksmans.com/the-importance-of-having-a-justifiable-reason-for-fixed-term-employment/) - By Andre van Heerden, Senior Associate and Chelsea Roux, Candidate AttorneyReviewed by Jacques van Wyk, Director ISSUE Whether the termination of an employee's fixed term contract of employment, where such employee earns below the earnings threshold and is employed to perform work of a permanent nature, amounts to an unfair dismissal. SUMMARY Section 198B of
- [Secretly Recording Your Boss: Allowable Under RICA But Problematic Under The LRA](https://werksmans.com/secretly-recording-your-boss-allowable-under-rica-but-problematic-under-the-lra/) - By Bradley Workman-Davies, Director Very recently, the Amabhungane Centre for Investigative Journalism challenged portions of the Regulation of Interception of Communication and Provision of Communication Related Information Act (RICA) in the Pretoria High Court. In making his finding, Judge Sutherland found that those sections of RICA that allowed surveillance of a person's communications were unconstitutional.
- [Civil damages or even class action suits a possibility for companies failing to protect customer data](https://werksmans.com/civil-damages-or-even-class-action-suits-a-possibility-for-companies-failing-to-protect-customer-data/) - by Ahmore Burger-Smidt, Head of Data Privacy Practice Companies that fail to protect their customers’ personal information may face class action suits once the Protection of Personal Information Act (POPIA) comes into force in South Africa. With the growing threat of cybercrime, companies need to ensure they take data leaks seriously. Cybercrime is expected to
- [Business must protect the data of all South Africans](https://werksmans.com/business-must-protect-the-data-of-all-south-africans/) - If your business has met all the requirements of European data privacy regulations, do you then also comply with South Africa’s Protection of Personal Information Act (POPIA)? Not necessarily. Although the General Data Protection Regulation (GDPR) and POPIA share many similar requirements, there are some differences. The GDPR applies to companies in the European Union
- [False workplace racism allegations increasingly punished by courts](https://werksmans.com/false-workplace-racism-allegations-increasingly-punished-by-courts/) - The problem of being accused of racism, when the allegation is untrue, is starting to come to the fore and increasingly tested by our legal system. Race and racism is such a sensitive issue and the consequences of being labelled a racist can be far-reaching. A perpetrator can face dismissal by their employer, whether the
- [Salary discrimination not automatically unfair](https://werksmans.com/salary-discrimination-not-automatically-unfair/) - Unfair discrimination on the basis of an inequality in pay - between male and female staff, or staff of different ethnic or racial groups or any other arbitrary ground - is unlawful in terms of the Employment Equity Act. But the opposite position – that there can be fair discrimination – also applies. Even if
- [All beliefs are created equal – or are they?](https://werksmans.com/all-beliefs-are-created-equal-or-are-they/) - Did you know that your beliefs may be protected by labour laws? But how far do these protections extend – would you be protected for climate change denialism, veganism or being a flat earther? Most South African citizens are well aware that their fundamental constitutional rights include the right of freedom of conscience, religion, thought,
- [Recognising subtle forms of sexual harassment in the workplace](https://werksmans.com/recognising-subtle-forms-of-sexual-harassment-in-the-workplace/) - The #METOO movement has correctly focused public attention on inappropriate workplace conduct. After all of the media attention, the obvious ways in which sexual harassment can occur are by now, well known. It would be expected that any person who is the recipient of such behaviour would feel they are sufficiently protected, not only by the
- [CANNABIS REMAINS ABUZZ](https://werksmans.com/cannabis-remains-abuzz/) - By Donvay Wegierski, Director An adult may possess and use cannabis in private for personal consumption in South Africa. This is according to the South African Constitutional Court ruling in September 2018 wherein it found that certain provisions of the Drugs and Drug Trafficking Act and the Medicines and Related Substances Act infringe upon the
- [BANKSY AND GROSS DOMESTIC PRODUCT](https://werksmans.com/banksy-and-gross-domestic-product/) - By Janine Hollesen, Director We have written about the risks of not using a trade mark which could lead to the mark being removed from the register by a third party because of such non-use. The importance of use is once again illustrated by the trade mark dispute in which the elusive and legendary street
- [CANCELLED OR PARTIALLY CANCELLED TRADE MARKS – SOME TAKE AWAYS](https://werksmans.com/cancelled-or-partially-cancelled-trade-marks-some-take-aways/) - By Donvay Wegierski, Director The European Union's Trade Mark office (EUIPO) has this year cancelled McDonald's European Union Trade Mark registrations for BIG MAC and partially cancelled the trade mark MC in the EU as a consequence of non-use applications filed by Irish fast food chain Supermac. The general principle is that if a trade
- [B= BREXIT – ADVICE TO BRAND OWNERS](https://werksmans.com/b-brexit-advice-to-brand-owners/) - By Donvay Wegierski, Director The initial Brexit date of 29 March 2019 was re-scheduled to 31 October 2019 – deal or no deal. Our advice to date concerning trade marks is that separate trade marks should be filed in the UK in addition to the EU to avoid the inevitable administrative delays at the UK
- [COMMON LAW SET‑OFF AND THE NATIONAL CREDIT ACT, 2005](https://werksmans.com/common-law-set‑off-and-the-national-credit-act-2005/) - By Tracy-Lee Janse van Rensburg, Director In terms of the recent judgment handed down by Keightley J in the matter between the National Credit Regulator and The Standard Bank of South Africa Limited 2019 (5) (SA) 512 (GJ), Keightley J ruled that the common law right to set‑off is not applicable to credit agreements, which are subject to the National Credit
- [SARS PROVIDES CLARITY ON DONATIONS TAX](https://werksmans.com/sars-provides-clarity-on-donations-tax/) - By Robyn Armstrong, Senior Associate Reviewed by Ernest Mazansky, Director On 1 October 2001, the rate of donations tax levied on donations made by residents dropped from 25% to 20% and remained as such for almost 16 years. With effect from 1 March 2018, a dual rate of donations tax was introduced. Donations tax is
- [BRAND OWNERS: ARE YOU BREXIT READY?](https://werksmans.com/brand-owners-are-you-brexit-ready/) - By Donvay Wegierski, Director The initial Brexit date of 29 March 2019 was re-scheduled to 31 October 2019 – deal or no deal. The UK remains one of South Africa's major trading partners with mutual trade between the countries in excess of one hundred and fourty billion ZAR in 2018. In September 2019, a trade
- [HANDS OFF MY RETIREMENT BENEFIT!  NOT SO QUICKLY…](https://werksmans.com/hands-off-my-retirement-benefit-not-so-quickly/) - By Bradley Workman-Davies, Director and Mishkah Abdool Sattar, Candidate Attorney Providing an employee with retirement benefits, either in the form of a pension fund or provident fund (there is a distinction between these two, but for the purposes of this article we will refer to the monies that are paid out to a member of
- [STRIKE OUT ON THE BALLOT](https://werksmans.com/strike-out-on-the-ballot/) - By Sandile July, Director; Lisa Appelgryn, Associate; and Luyanda Mthimkhulu, Associate Section 23(2) of the Constitution of the Republic of South Africa, 1996 provides that every worker has the right to strike. However, much like other rights, the right to strike is subject to section 36 of the Constitution, which provides that rights in the
- [NEW CORRECTED MINIMUM WAGE RATES FOR WHOLESALE AND RETAIL SECTOR](https://werksmans.com/new-corrected-minimum-wage-rates-for-wholesale-and-retail-sector/) - By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney On 14 October 2019 the Minister of Labour and Employment published the corrected minimum wage rates applicable to Sectoral Determination 9: Wholesale and Retail Sector. These rates are applicable as of 2 August 2019 and are available below:
- [WHERE A FAILURE TO CONDUCT JOB GRADING DEPRIVES AN EMPLOYEE OF BENEFITS IT MAY AMOUNT TO AN UNFAIR LABOUR PRACTICE](https://werksmans.com/where-a-failure-to-conduct-job-grading-deprives-an-employee-of-benefits-it-may-amount-to-an-unfair-labour-practice/) - By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney ISSUE Whether the failure to implement a performance management system in relation to job grading and job evaluation systems amounts to an unfair labour practice where the effect of such failure deprived employees of benefits. SUMMARY Where the failure of
- [CARRYING WEAPONS DURING STRIKE ACTION: POTENTIAL GROUND FOR DISMISSAL](https://werksmans.com/carrying-weapons-during-strike-action-potential-ground-for-dismissal/) - By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney ISSUE Whether an employer is justified in dismissing employees carrying weapons during a protected strike. SUMMARY Employees engaged in strike action who carry dangerous weapons during a strike run the risk of dismissal. The act of carrying weapons exposes others
- [WERKSMANS SUPPORTS START-UPS AND SMALL BUSINESSES](https://werksmans.com/werksmans-supports-start-ups-and-small-businesses/) - Beyond the need to merely operate as a top-ranked highly successful corporate and commercial law firm, Werksmans strives to make a difference in all we do. Our Stellenbosch lawyers have pledged pro bono legal services to start-ups and small businesses for a period of one-year (October 2019 - October 2020). The terms are as follows:
- [CONDUCT OF FINANCIAL INSTITUTIONS BILL](https://werksmans.com/conduct-of-financial-institutions-bill/) - By Tracy-Lee Janse van Rensburg, Director and Reuben Lebelo, Candidate Attorney Following on the Financial Sector Regulation Act, 2017 ("FSR Act"), the Conduct of Financial Institutions Bill ("COFI") was published by the Minister of Finance in December 2018 for public comment until 1 April 2019. Since then, there has been no further communication from National Treasury on the bill.
- [DISMISSED FOR NOT ACCEPTING AN EMPLOYER'S DEMAND – WHEN IS THIS AUTOMATICALLY UNFAIR?](https://werksmans.com/dismissed-for-not-accepting-an-employers-demand-when-is-this-automatically-unfair/) - By Bradley Workman-Davies, Director The Labour Relations Act, 66 of 1995 ("LRA"), which generally protects employees in South Africa against (amongst other things) unfair dismissal, as well as being subjected to unfair labour practices, was amended in January 2015 to clarify an issue around a specifically harmful category of dismissal, namely when an employee may
- [WERKSMANS TAX BRIEF](https://werksmans.com/werksmans-tax-brief/) - By Ernest Mazansky, Head of Tax Practice, Werksmans Attorneys TAX AMENDMENTS 2019 The Rates and Monetary Amounts and Amendment of Revenue Laws Bill, 2019, the Tax Administration Laws Amendment Bill, 2019 and the Taxation Laws Amendment Bill, 2019 (of which mainly the lastmentioned is discussed herein) were all tabled in Parliament by the Minister of
- [RESIGNATION WITH IMMEDIATE EFFECT - A TALE OF CONFUSION](https://werksmans.com/resignation-with-immediate-effect-a-tale-of-confusion/) - By Sandile Tom, Director and Dale Adams, Candidate Attorney It is trite law that certain prescribed periods of notice become applicable upon termination of any employment relationship between an employer and an employee. These periods are governed by statute and the individual employment contract. However, notwithstanding this, there is uncertainty in our labour law about
- [PARENTAL LEAVE BENEFITS: NEW REGULATIONS TO THE UNEMPLOYMENT INSURANCE ACT 63 OF 2001](https://werksmans.com/parental-leave-benefits-new-regulations-to-the-unemployment-insurance-act-63-of-2001/) - By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney On 4 November 2019 the Minister of Labour and Employment published an amendment to the regulations to the Unemployment Insurance Act 63 of 2001 ("UI Act") ("Amendment Regulations"). The Amendment Regulations are in response to the recent sections of the
- [SECTION 198A(3)(B) DEEMING PROVISION: LIABILITY FOR THE CLIENT EMPLOYER REGARDLESS OF THE ROLE THAT THE EMPLOYER STILL RETAINS](https://werksmans.com/section-198a3b-deeming-provision-liability-for-the-client-employer-regardless-of-the-role-that-the-employer-still-retains/) - By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney ISSUE In the case of General Industries Workers Union of South Africa obo Mgedezi and Others v Swissport SA (Pty) Ltd and Another [2019] 9 BALR 954 (CCMA) the three issues, all hinging on section 198A(3)(b) of the Labour Relations
- [THE RESTRICTIONS ON A COMMISSIONER TO DEAL WITH A DISPUTE NOT FORMALLY BEFORE HIM](https://werksmans.com/the-restrictions-on-a-commissioner-to-deal-with-a-dispute-not-formally-before-him/) - By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney ISSUE Whether the commissioner acted reasonably by applying section 200B of the Labour Relations Act 66 of 1995 ("LRA") to find that the appellants were to be permanently employed by the first respondent, Pick 'n Pay Retailers (Pty) Ltd ("PnP"),
- [EMPLOYEES MAY APPROACH THE LABOUR COURT DIRECTLY TO ENFORCE THEIR RIGHTS UNDER THE BASIC CONDITIONS OF THE EMPLOYMENT ACT](https://werksmans.com/employees-may-approach-the-labour-court-directly-to-enforce-their-rights-under-the-basic-conditions-of-the-employment-act/) - By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney ISSUE Whether the Labour Court has jurisdiction to determine a claim under the Basic Conditions of Employment Act 75 of 1997 ("BCEA") even though it has not previously been referred to a labour inspector. SUMMARY The Labour Court has exclusive
- [The Protection from Harassment Act 17 of 2011](https://werksmans.com/the-protection-from-harassment-act-17-of-2011/) - The Act provides simple procedures and remedies in addition to those available to employees in terms of other legislation (such as the LRA, Employment Equity Act 55 of 1998, as amended, and Unfair Discrimination Act 4 of 2000, as amended). The Act applies to harassment of both sexual and non-sexual variants. Non-sexual harassment is conduct
- [Can TWiT.tv prevent Twitter from expanding its business? The dangers of co-existence agreements](https://werksmans.com/can-twit-tv-prevent-twitter-from-expanding-its-business-the-dangers-of-co-existence-agreements/) - VS An interesting spat is on the brew between TWiT.tv and Twitter. Most of us are aware of the Twitter service being a text-based micro-blogging service, whereas the business of the lesser known TWiT.tv is concerned with the distribution of audio and video content via streaming on the internet. According to TWiT’s website, it has
- [Parental leave – a pending new entitlement as a minimum term of employment](https://werksmans.com/parental-leave-a-pending-new-entitlement-as-a-minimum-term-of-employment/) - Currently, South African employment laws provide minimum entitlements to specified leave types for all employees, such as annual leave, sick leave, family responsibility leave, and unpaid maternity leave of four months for female employees. These entitlements originate in the Basic Conditions of Employment Act, 75 of 1997 ("BCEA"). A proposed amendment to the BCEA has
- [Broad-Based Black Economic Empowerment Commission (“Commission”) finalises its first case](https://werksmans.com/broad-based-black-economic-empowerment-commission-commission-finalises-its-first-case/) - On 23 January 2018, the Commission issued final findings against SAB & T BEE Services (Pty) Ltd ("SAB&T") and Ms Shameema Ismail ("Ismail"). This is the first case that the Commission has finalised since it was established in April 2016 and resulted from a complaint lodged by Mr Keith Levenstein, the chairperson and founder of
- [The use of alcohol in the workplace](https://werksmans.com/the-use-of-alcohol-in-the-workplace/) - An employer who is faced with an employee who is under the influence of alcohol in the workplace may, in the absence of satisfactory evidence by an employee as to his alcohol dependency, proceed by way of a disciplinary hearing for misconduct. The mere fact that the employee subsequently claims to have an alcohol dependency
- [Shapes can speak a thousand words](https://werksmans.com/shapes-can-speak-a-thousand-words/) - The London Taxi Company has had its UK trade mark registration of the shape of its black cab declared invalid and its claims of trade mark infringement and passing off against a new cab company, Metrocab, rejected by the England and Wales Court of Appeal on the grounds that the shape of the traditional black
- [Application of the participation exemption to the disposal of shares by a controlled foreign company](https://werksmans.com/application-of-the-participation-exemption-to-the-disposal-of-shares-by-a-controlled-foreign-company/) - INTRODUCTION The participation exemption provides a useful and simple tax planning tool which should always be considered when dealing with cross-border merger and acquisition transactions which involve multinational groups having South African tax resident holding companies. Binding Private Ruling No 279 ("BPR 279") deals with the application of the participation exemption in paragraph 64B[1]
- [Informal restructuring or business rescue](https://werksmans.com/informal-restructuring-or-business-rescue/) - Business rescue proceedings are formal legislated proceedings, under Chapter 6 of the South African Companies Act 71 of 2008 ("The Companies Act"), that are aimed at restructuring the affairs of a company in such a way that either maximises the likelihood of the company continuing in existence on a solvent basis, or results in a
- [Financial Provisioning Regulations, 2017](https://werksmans.com/financial-provisioning-regulations-2017/) - On 20 November 2015, the National Environmental Management Act No. 107 of 1998 ("NEMA") "Financial Provisioning Regulations, 2015" GNR1147 GG 39425 ("2015 Regulations") were promulgated, resulting in a significant shift of thinking from the longstanding 'simple' Regulation 53 and 54 process, contained in the Mineral and Petroleum Resources Development Act ("MPRDA") Regulations, 2004. The 2015 Regulations were
- [Ratepayers association tackles the Shebeen regulations](https://werksmans.com/ratepayers-association-tackles-the-shebeen-regulations/) - INTRODUCTION On 1 November 2017 the Gauteng High Court, Johannesburg found in favour of the Yeoville Bellevue Ratepayers' Association ("the Association") by declaring the Gauteng Liquor Regulations on Shebeen Licences published in 2013 invalid ("the Regulations"). The formalisation and regulation of shebeens has posed an interesting challenge for the liquor industry at large, often
- [Coal for Christmas - Diener N.O. v Minister of Justice and others](https://werksmans.com/coal-for-christmas-diener-n-o-v-minister-of-justice-and-others/) - It is that magical time of the year where images are abound of Christmas trees, fairy lights, delicious pudding, family gatherings and all things warm and fuzzy. However, what would this festive season be without Santa Clause, riding on a beautifully adorned sleigh pulled by his reindeer with presents, placing presents under the Christmas tree
- [Tools of the trade – do you understand how to navigate through a dawn raid?](https://werksmans.com/tools-of-the-trade-do-you-understand-how-to-navigate-through-a-dawn-raid/) - The Competition Commission ("Commission") has conducted a significant number of dawn raids during this year alone. From the beginning of 2017, the Commission has raided 47 companies and 53 premises in total. These raids involved the fresh produce market, meat suppliers and fire sprinkler installers. Minister of Economic Development, Ebrahim Patel, stated earlier this year that collusion
- [Public interest considerations, employment and temporary employment services](https://werksmans.com/public-interest-considerations-employment-and-temporary-employment-services/) - INTRODUCTION The effect of a merger on employment is one of the four public interest considerations which must be deliberated on by the Competition Commission ("Commission") as well as the Competition Tribunal ("Tribunal") when determining whether or not a merger can or cannot be justified on public interest grounds[1]. The final Guidelines on the
- [Trade marks TCP vs 3CP](https://werksmans.com/trade-marks-tcp-vs-3cp/) - The owner of the TCP mark has won its fight to stop the use of the confusingly similar 3CP mark by Tritof Enterprises (“Tritof”) in relation to the same product. The TCP product is well-known to many South Africans who will remember its distinctive smell when there was any sign of a bump, bruise or
- [Tax court resolves age-old problem](https://werksmans.com/tax-court-resolves-age-old-problem/) - INTRODUCTION For as long as anyone can remember, a tension has existed between the rules relating to the valuation of closing stock or inventory for accounting purposes, under IFRS, and the rules relating to trading stock at the end of the year for tax purposes, under section 22 of the Income Tax Act, 1962 (the
- [ROYAL IP](https://werksmans.com/royal-ip/) - By Donvay Wegierski, Director Prince Harry and Meghan Markle have announced that they are stepping down as "senior royals". This revelation means that the Duke and Duchess of Sussex will be financially independent balancing their time between the United Kingdom and North America. They agree, however, to continue to support Her Majesty the Queen. The
- [Three cartel cases lost by the competition commission before the competition tribunal – what are the implications for future cases?](https://werksmans.com/three-cartel-cases-lost-by-the-competition-commission-before-the-competition-tribunal-what-are-the-implications-for-future-cases/) - By Pieter Steyn, Director In the last two months the Competition Commission has lost three cartel cases before the Competition Tribunal. On 4 December 2019, the Tribunal dismissed a case of indirect price fixing and market division brought by the Commission against Natal Portland Cement Cimpor ("NPC"). NPC's shareholders had been Pretoria Portland Cement Company ("PPC"),
- [Wereley v productivity south africa: lessons for employers](https://werksmans.com/wereley-v-productivity-south-africa-lessons-for-employers/) - By Lloyd Abraham, Director On 4 December 2018, the Labour Court in Johannesburg delivered judgment in the matter cited above. The employer (Productivity S.A. /PSA) abandoned a disciplinary enquiry against the employee (Wereley) mid-stream, largely because of what it perceived to be the employee's delaying tactics. Not only did the employer abandon the enquiry mid-stream;
- [Terminating an employment contract and dismissing an employee – how are they interrelated?](https://werksmans.com/terminating-an-employment-contract-and-dismissing-an-employee-how-are-they-interrelated/) - By Bradley Workman-Davies, Director A recent case decided by the South African High Court has examined the curious interplay of an employee's rights as they arise from both the written contract of employment and, at the same time, labour legislation. Although the judgment may at first seem confusing, a careful analysis of its outcome sheds
- [Questioning the BBBEE commission's approach to public benefit organisations in BBBEE ownership structures](https://werksmans.com/questioning-the-bbbee-commissions-approach-to-public-benefit-organisations-in-bbbee-ownership-structures/) - By Pieter Steyn, Director A Public Benefit Organisation ("PBO") is defined in the Income Tax Act as a non‑profit company or a trust which has been incorporated, formed or established in South Africa and which has the sole or principal object of carrying out one or more public benefit activities. These activities are defined in
- [So whose land is it anyway?](https://werksmans.com/so-whose-land-is-it-anyway/) - By Bulelwa Mabasa, Director and Refilwe Moitse, Associate "We the people of South Africa, declare for all our country and the world to know: the land shall be shared among those who work it! Restrictions of land ownership on a racial basis shall be ended, and all the land re-divided amongst those who work it
- [The long road to the protection of personal information - No April Fool's Joke](https://werksmans.com/the-long-road-to-the-protection-of-personal-information-no-april-fools-joke/) - The Protection of Personal Information Bill was first tabled 12 years ago, in 2009. It was signed into law in 2013, but very few provisions in the Protection of Personal Information Act, 2013 ("POPIA") are in operation. Still, a high level of awareness of POPIA is present in the South African society. Many a time
- [Rising above the flames – answers to directors’ burning questions during times of financial crisis](https://werksmans.com/rising-above-the-flames-answers-to-directors-burning-questions-during-times-of-financial-crisis/) - By Eric Levenstein, Director and Nastascha Harduth, Director Often directors of companies that face financial difficulties have questions which they are too reluctant or embarrassed to ask. As a consequence, Rome is left to burn while the Roman Emperor Nero plays the lyre – that is, directors take little to no productive action during a
- [Dismissal due to the breakdown of the trust relationship](https://werksmans.com/dismissal-due-to-the-breakdown-of-the-trust-relationship/) - By Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney Issue Whether an act of dishonesty would lead to a breach in the trust relationship so as to render the continuation of employment intolerable. Summary Where an employee commits a dishonest offence which reveals a stratagem of dishonesty or deceit,
- [Parental, adoption and commissioning parental leave](https://werksmans.com/parental-adoption-and-commissioning-parental-leave/) - By Jacques van Wyk, Director; Michiel Heyns, Senior Associate and Chelsea Roux, Candidate Attorney The provisions in the Basic Conditions of Employment Act 75 of 1997 relating to parental, adoption and commissioning parental leave came into effect on 1 January 2020. The difference between these types of leave, its applicability, period of entitlement and commencement
- [The Lay of the Land](https://werksmans.com/the-lay-of-the-land/) - By Bulelwa Mabasa, Head of Land Reform, Restitution & Tenure and Anele Ngidi, Director The legislative landscape of the national policy on land is currently undergoing significant changes which are aimed at fast-tracking land reform and land redistribution. The recently published Constitution Eighteenth Amendment Bill is the first attempt at amending a clause in the
- [Tax Implications of CCMA Awards, Labour Court Orders or Settlements](https://werksmans.com/tax-implications-of-ccma-awards-labour-court-orders-or-settlements/) - By Michiel Heyns, Senior Associate and Nicholas Fairbairn, Candidate Attorney Reviewed by Doelie Lessing, Director and Jacques van Wyk, Director Often employment law disputes at the Commission for Conciliation, Mediation and Arbitration ("the CCMA") or the Labour Courts are resolved by way of an award of compensation in favour of an aggrieved party. Disputes are also
- [2020/2021 Budget Proposals – Tax Overview](https://werksmans.com/2020-2021-budget-proposals-tax-overview/) - By: The Werksmans Tax Team INTRODUCTION From 2015/2016, year on year there have been upward adjustments to the various tax rates, including the increase in the personal income tax rate from 41% to 45%, an increase in the effective CGT rate across the board, the increase in dividends tax from 15% to 20%, and
- [South African Airways – Business rescue practitioners hold the reins](https://werksmans.com/south-african-airways-business-rescue-practitioners-hold-the-reins/) - By Bradley Workman-Davies, Director The fate of South African Airways remains inscrutable, and recently there appears to have been some division between the management of SAA and the newly appointed business rescue practitioners, as to the best way to rationalise SAA's operations to ensure its continued operation. Management and labour have expressed dissatisfaction at the
- [A brief retrospective on two cases about UIF and asylum seekers](https://werksmans.com/a-brief-retrospective-on-two-cases-about-uif-and-asylum-seekers/) - By Dakalo Singo, Director Introduction The end of February 2020 marks the anniversary of an important court victory which confirmed the rights of asylum seekers to access benefits from the Unemployment Insurance Fund ("UIF"). This is therefore an opportune moment to reflect on that case, as well as a preceding case which took a different
- [The Tax Implications of eliminating Treasury Shares](https://werksmans.com/the-tax-implications-of-eliminating-treasury-shares/) - By Ryan Killoran, Director It is fairly common for a subsidiary company to hold shares in its holding company, colloquially referred to as treasury shares. Subsidiary companies of an issuer may hold treasury shares for the purposes of facilitating the implementation of employee share schemes. Other reasons why a subsidiary may seek to acquire shares
- [A horse by the same name?](https://werksmans.com/a-horse-by-the-same-name/) - By Janine Hollesen, Director The High Court in Pretoria has recently ordered the cancellation of numerous trade mark registrations for POLO and logos which include a polo player and pony on the basis that the marks are not distinctive and do not function as a badge of origin. The judgment opens with the following which
- [An employee's duty to disclose information when applying for employment](https://werksmans.com/an-employees-duty-to-disclose-information-when-applying-for-employment/) - By Jacques van Wyk, Director, Andre van Heerden, Senior Associate and Thabisa Yantolo, Candidate Attorney Issue Whether an employee who fails to disclose information that might have affected the employer's decision to employ him / her commits misconduct warranting dismissal. The key issue is whether an obligation rests on employees to disclose why he /
- [Amendment to national minimum wage and sectoral determination minimum wages](https://werksmans.com/amendment-to-national-minimum-wage-and-sectoral-determination-minimum-wages/) - By Jacques van Wyk, Director, Andre van Heerden, Senior Associate and Thabisa Yantolo, Candidate Attorney On 17 February 2020 the Minister of Employment and Labour published, by way of Government Gazette, an amendment to the national minimum wages in Schedule 1 and Schedule 2 of the National Minimum Wage Act. The amendments became effective on
- [Goal or yellow card – Inter Miami vs Inter Milan](https://werksmans.com/goal-or-yellow-card-inter-miami-vs-inter-milan/) - By Donvay Wegierski, Director At the time of writing, events worldwide are being cancelled or postponed in an effort to reduce the Covid-19 pandemic. A new major league soccer ("MLS") professional team based in Miami, USA, called Inter Miami, was scheduled to play its first game on 14 March 2020 and was yet another event
- [Proposed new interest deductibility limitation rules](https://werksmans.com/proposed-new-interest-deductibility-limitation-rules/) - By Robyn Armstrong, Director Interest payments are generally viewed as an ordinary business expense which are deductible in determining taxable income. Varying corporate income tax rates across countries create an environment where a multinational enterprise (MNE) can minimise its global tax burden by advancing interest-bearing debt in group companies located in high-tax jurisdictions. South Africa
- [The right of access to housing and its applicability to citizens or non-citizens](https://werksmans.com/the-right-of-access-to-housing-and-its-applicability-to-citizens-or-non-citizens/) - By Anele Ngidi, Director and Thomas Karberg, Candidate Attorney The latter part of 2019 was marred by a series of protests and attacks on foreign nationals across various parts of the country. These attacks and acts of intimidation towards foreign nationals resulted in the displacement of a number of foreign nationals, some even electing to
- [The right not to be dismissed – a multiplicity of rights and actions](https://werksmans.com/the-right-not-to-be-dismissed-a-multiplicity-of-rights-and-actions/) - By Bradley Workman-Davies, Director The Labour Relations Act, 66 of 1995 has been a significant part of the South African legal environment since 1995, when it was introduced as the first piece of post-Apartheid labour legislation in the country. By the present day, there can be very few people who have not heard of phrases
- [Home sweet home…. But do you know who is lurking in your space?](https://werksmans.com/home-sweet-home-but-do-you-know-who-is-lurking-in-your-space/) - By Ahmore Burger-Smidt, Head of Data Privacy practice The concept of the home through the ages has been considered as a metaphor for a safe place, where one could lead his family life peacefully. As John Ruskin wrote: “this is the true nature of home - it is the place of Peace; the shelter, not
- [When darkness comes, evil goes phishing….](https://werksmans.com/when-darkness-comes-evil-goes-phishing/) - By Ahmore Burger-Smidt, Head of Data Privacy Practice Let us not doubt the fact that cybercriminals are looking to exploit the spread of Coronavirus to conduct cyberattacks and drive hacking campaigns. It has been widely reported that numerous companies are experiencing an increase in phishing attacks. In many cases, these attacks are in the form
- [When Insolvency meets the Environment: Directors and liquidators should develop a corporate green thumb](https://werksmans.com/when-insolvency-meets-the-environment-directors-and-liquidators-should-develop-a-corporate-green-thumb/) - By Nastascha Harduth, Director. Bronwyn Parker, Senior Associate and Tsebo Masia, Candidate Attorney Introduction Corporate South Africa has long been aware of the influence that environmental considerations have on the successful operation of a business. In 2020 concepts such as environmental conservation, environmental responsibility and environmental accountability have become almost as important as paying taxes,
- [Sick leave and annual leave during the lock-down](https://werksmans.com/sick-leave-and-annual-leave-during-the-lock-down/) - By Andre van Heerden, Senior Associate; Jacques van Wyk, Director, Bradley Workman-Davies, Director; and Thabisa Yantolo , Candidate Attorney Having regard to the above, a number of measures have been introduced, or are in the process of being introduced, to provide financial relief to employees and employers. The question remains, what is the position regarding
- [NATIONAL BARGAINING COUNCIL FOR THE CLOTHING MANUFACTURING INDUSTRY: conclusion of collective agreement requiring payment of employees](https://werksmans.com/national-bargaining-council-for-the-clothing-manufacturing-industry-conclusion-of-collective-agreement-requiring-payment-of-employees/) - By Andre van Heerden, Senior Associate; Jacques van Wyk, Director, Bradley Workman-Davies, Director; and Thabisa Yantolo , Candidate Attorney The National Bargaining Council for the Clothing Manufacturing Industry ("Bargaining Council") has concluded a collective agreement between relevant stakeholders ("Agreement"). It has been announced that the Agreement, which is not as yet available, will ensure some
- [Notice on compensation for occupationally-acquired novel corona virus disease (COVID-19)](https://werksmans.com/notice-on-compensation-for-occupationally-acquired-novel-corona-virus-disease-covid-19/) - by Andre van Heerden, Senior Associate; Jacques van Wyk, Director, Bradley Workman-Davies, Director; and Thabisa Yantolo , Candidate Attorney On 23 March 2020, the Compensation Commissioner published, by way of Government Gazette, a 'Notice on Compensation for Occupational-Acquired Novel Corona Virus Diseases (COVID-19) ("Notice"). The Notice came into effect on 23 March 2020. In order
- [Exemptions from competition law in the banking, retail and hotel sectors amidst covid-19 pandemic](https://werksmans.com/exemptions-from-competition-law-in-the-banking-retail-and-hotel-sectors-amidst-covid-19-pandemic/) - by Paul Coetser, Director and head of Competition Practice, and Mishkah Abdool Sattar, Candidate Attorney Since the issue of our briefing note on 20 March 2020, the Minister of Trade, Industry and Competition ("DTIC Minister") acted speedily by issuing three further sets of exemptions from the Competition Act, 89 of 1998 ("the Competition Act"), related
- [Being resilient in these tough economic times is a necessity… practical steps for directors to consider in extra-ordinary times of financial distress!](https://werksmans.com/being-resilient-in-these-tough-economic-times-is-a-necessity-practical-steps-for-directors-to-consider-in-extra-ordinary-times-of-financial-distress/) - by Dr. Eric Levenstein, Director and Head of the Business Rescue, Restructuring and Insolvency practice; Nastascha Harduth, Director; and Roxanne Webster, Senior Associate Prior to the World Health Organisation declaring COVID-19 a pandemic and the declaration by President Cyril Ramaphosa on Sunday 15 March 2020 of a national state of disaster in South Africa in
- [Not Today, April fool Protection of Personal Information - South Africa falling further and further behind](https://werksmans.com/not-today-april-fool-protection-of-personal-information-south-africa-falling-further-and-further-behind/) - by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice Group, Werksmans Attorneys and Dale Adams, Candidate Attorney With everyone getting to grips with the lock-down and uncertainty as to the true impact of COVID-19 in South Africa, it is understandable that Government is considering all possible options to assist it in flattening the curve.
- [South Africa: Closure of the trade marks, designs and patents office during national lock-down](https://werksmans.com/south-africa-closure-of-the-trade-marks-designs-and-patents-office-during-national-lock-down/) - by Janine Hollesen, Director and Donvay Wegierski, Director South Africa is currently in a 21 day national lockdown to combat the spread of COVID-19, scheduled to end on 16 April 2020. Our firm continues to operate remotely with lawyers and support staff working from their homes, as we do our part to stop the spread
- [Pension funds distress rules & FSCA operations during lockdown](https://werksmans.com/pension-funds-distress-rules-fsca-operations-during-lockdown/) - by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate AttorneyReviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice On 30 March, the FSCA published a guidance note discussing the impact of the coronavirus pandemic on FSCA operations. It deals with pension funds and encourages those that have such rule
- [Working in a pandemic: what is a safe and healthy workplace?](https://werksmans.com/working-in-a-pandemic-what-is-a-safe-and-healthy-workplace/) - by Bradley Workman-Davies, Director An employer which has been issued a permit as a provider of essential goods or services is legally entitled to continue operations during the National Shutdown Period. This is in terms of the recently released and constantly updated regulations, which were initially published on 25 March 2020 by the Minister of
- [The various departmental functions available during lock-down](https://werksmans.com/the-various-departmental-functions-available-during-lock-down/) - By Bronwyn Parker, Senior Associate and Kyra South, AssociateReviewed by Chris Stevens, Director and Head of Mining, Environmental & Resources practice Lock-down not Shutdown: business may not be running as usual but many government departments continue to run in some respects. Here is what we know about the Department of Environmental Affairs, Forestry and Fisheries,
- [Effect of SA'S COVID-19 lock-down on transport services / operators and insurance](https://werksmans.com/effect-of-sas-covid-19-lock-down-on-transport-services-operators-and-insurance/) - by Godwin Bossr, Director and Yusri Adams, Senior Associate In response to the global pandemic caused by the spread of the Covid-19 virus, President Ramaphosa has declared a national state of disaster. The word being used globally to describe this virus is unprecedented. In response to this, President Ramaphosa has been required to act and,
- [Employment laws in light of COVID-19: Are they equipped for disaster situations?](https://werksmans.com/employment-laws-in-light-of-covid-19-are-they-equipped-for-disaster-situations/) - by Sandile July, Director and Nyiko Mathebula, Candidate Attorney There are numerous publications that have been posited to suggest what employers should do about the current COVID-19 pandemic. This article is not intended to repeat nor counter the views already expressed by other people. We all agree that we are facing a catastrophic pandemic. A
- [Update: adoption leave and commissioning parental leave: update to UNEMPLOYMENT INSURANCE ACT 63 OF 2001](https://werksmans.com/update-adoption-leave-and-commissioning-parental-leave-update-to-unemployment-insurance-act-63-of-2001/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Michiel Heyns, Senior Associate The President of the Republic of South Africa has issued a proclamation ("Proclamation") bringing into operation provisions of two Acts relating to Adoption and Commissioning Parental leave. The provisions that have come into operation amend the Unemployment Insurance 63
- [Tourism Relief Fund](https://werksmans.com/tourism-relief-fund/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; Michiel Heyns, Senior Associate; and Nasheetah Smith, Senior Associate The Department of Tourism has introduced a Tourism Relief Fund ("Fund") for SMME's in the tourism sector. Importantly, this Fund is in addition to the Temporary Employee / Employer Relief Fund, Debt Finance Relief Scheme for
- [Update: The National Textile Bargaining Council](https://werksmans.com/update-the-national-textile-bargaining-council/) - by Andre van Heerden, Senior Associate; Jacques van Wyk, Director, Bradley Workman-Davies, Director; and Thabisa Yantolo , Candidate Attorney The National Textile Bargaining Council (“Bargaining Council”) concluded a 'COVID-19 lock-down collective agreement' in response to the Covid-19 pandemic (“Agreement”). The Agreement has been extended to non-parties in terms of section 32(2) of the Labour Relations
- [COVID-19 tax relief measures](https://werksmans.com/covid-19-tax-relief-measures/) - By Erich Bell, Director, Werksmans Tax Proprietary Limited The Draft Disaster Management Tax Relief Bill, 2020 and Disaster Management Tax Relief Administration Bill, 2020 were published for public comment on 1 April 2020 (Bills, and each a Bill). The Bills provide the legislative amendments required to implement the COVID-19 tax relief measures announced by the
- [COVID-19 and funerals: What is the legal position?](https://werksmans.com/covid-19-and-funerals-what-is-the-legal-position/) - by Naledi Motsiri, Director and Nelsie Siboza, Candidate Attorney Introduction The highly contagious and even deadly Coronavirus ("Covid‑19") has had a devastating impact on the world. In fact, due to the widespread impact and number of people affected globally, the World Health Organisation has declared Covid‑19 to be a pandemic. As a result, on 15 March 2020,
- [Litigation during the lock-down](https://werksmans.com/litigation-during-the-lock-down/) - Pending litigation during lockdown On the evening of 30 March 2020, President Cyril Ramaphosa addressed the Nation, four days into the nationwide lock-down. The President described the lock-down as "an extreme measure" that has "caused great disruption to all our lives and caused upheaval in our economy". At the time of his address, the President stated
- [The right to privacy and the Amendments to the Disaster Management Regulations](https://werksmans.com/the-right-to-privacy-and-the-amendments-to-the-disaster-management-regulations/) - by Jones Antunes, Director; Innocentia Moele; Senior Associate; and Danielle Hertz, Candidate Attorney On 1 April 2020 the Minister of Cooperative Governance and Traditional Affairs amended the regulations issued in terms of the Disaster Management Act, 2002, by, inter alia, introducing Chapter 3 into the Amended Disaster Regulations ("the Amended Disaster Regulations").Chapter 3 of the
- [Disposal of medical waste in the contexts of COVID-19](https://werksmans.com/disposal-of-medical-waste-in-the-contexts-of-covid-19/) - by Helen Michael, Director; Bronwyn Parker; Senior Associate; and Tsebo Masia, Candidate Attorney In the midst of a global pandemic such as the one caused by COVID-19, one ought to be reminded of the provisions regulating the proper disposal of waste in South Africa, with reference to the provisions of the National Health Act No.
- [Accommodations by the JSE in meeting obligations under the JSE Limited listing and debt listing requirements](https://werksmans.com/accommodations-by-the-jse-in-meeting-obligations-under-the-jse-limited-listing-and-debt-listing-requirements/) - by Raquel Goncalves , Candidate AttorneyReviewed by Brian Price, Director and Bronwyn Parker, Senior Associate The Covid 19 outbreak, and the subsequent inevitable lock-down and other measures taken by the government to curb the spread of the virus has caused substantial unforeseen operational and public disruptions. These measures have, or may in the near future, hamper
- [Environmental processes during COVID-19 state of disaster](https://werksmans.com/environmental-processes-during-covid-19-state-of-disaster/) - by Helen Michael, Director; Bronwyn Parker, Senior Associate; and Tsebo Masia, Candidate Attorney On 31 March 2020, the Minister of Forestry, Fisheries and the Environment released directions (Directions) in terms of the Disaster Management Act, 2002 (Disaster Management Act), which seek to curtail the spread of COVID-19 and minimise the effects of the national state
- [Market behaviour – financial services](https://werksmans.com/market-behaviour-financial-services/) - by Hilah Laskov, Senior Associateand Chelsea Roux, Candidate AttorneyReviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice In this update, we note applications being made for exemption from regulatory provisions and the introduction of an innovation hub designed to boost fintech. Applications for exemptions In light of the current pandemic,
- [Entities regulated by the  Johannesburg Stock Exchange ("JSE")](https://werksmans.com/entities-regulated-by-the-johannesburg-stock-exchange-jse/) - by Hilah Laskov, Senior Associateand Chelsea Roux, Candidate AttorneyReviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice Companies listed on the JSE have been granted a two-month extension to the time periods within which they must comply with certain listing requirements. Extension of the period for compliance with timeframes of
- [Entities regulated by the FINANCIAL SECTOR CONDUCT AUTHORITY ("FSCA")](https://werksmans.com/entities-regulated-by-the-financial-sector-conduct-authority-fsca/) - by Hilah Laskov, Senior Associateand Chelsea Roux, Candidate AttorneyReviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice Regulated entities in the financial services sector are required to submit annual financial statements to the FSCA within a certain period after their financial year end. The FSCA has released a series of
- [Funds in crisis – how do funds manage in times of crisis?](https://werksmans.com/funds-in-crisis-how-do-funds-manage-in-times-of-crisis/) - by Shayne Krige, Director and head of the Investment Funds & Private Equity practice It has been an interesting two weeks of lockdown for our investment funds team. Many new software applications now demand screen space as we "Zoom" our way through client meetings and "Slack" our progress on projects from offices in our homes
- [Public procurement for COVID-19 related goods during the national state of disaster](https://werksmans.com/public-procurement-for-covid-19-related-goods-during-the-national-state-of-disaster/) - by Sarah Moerane , Director On 18 March 2020 the Minister of Cooperative Governance and Traditional Affairs issued Regulations under the Disaster Management Act, 2002, regarding the steps necessary to prevent an escalation of the disaster caused by the global COVID-19 pandemic, or to alleviate, contain and minimise the effects of the disaster. Regulation 9
- [Are employers obliged to pay employees salaries/wages during the national lock-down?](https://werksmans.com/are-employers-obliged-to-pay-employees-salaries-wages-during-the-national-lock-down/) - by Bankey Sono, Director; Peter Mosebo, Director; and Sakhile Kumalo, Associate There is no doubt that the national lock-down announced by President Cyril Ramaphosa on 23 March 2020 has caused serious consternation to both employers and employees and chief amongst these are the financial difficulties caused for both employees and employers in various sectors. The
- [Operating call centres for essential services during the lockdown period](https://werksmans.com/operating-call-centres-for-essential-services-during-the-lockdown-period/) - Call centres for essential services by Natalie Scott, Director and Kyra South, Associate On 9 April 2020, the Government issued Notice 43224, Regulation 459, effective as of 9 April 2020 ("Regulation 459") which provides directions regarding the operation of Essential Service Call Centres during the Lockdown Period[1]. The directions set out in Regulation 459 ("Directions")[2]
- [COVID-19 and the resultant impact on the distribution obligations of Real Estate Investment Trusts (REITs)](https://werksmans.com/covid-19-and-the-resultant-impact-on-the-distribution-obligations-of-real-estate-investment-trusts-reits/) - by Kashvi Lalla, Director and Raquel Goncalves, Candidate Attoney The nationwide lockdown following the Covid-19 outbreak has undoubtedly impacted the property sector in South Africa and around the world. The challenges which accompany the virus and the resultant lockdown have affected the ability of companies, who have been granted REIT-status, to meet their obligations under
- [COVID-19 and IP offices](https://werksmans.com/covid-19-and-ip-offices/) - by Donvay Wegierski, Director and Janine Hollesen, Director The pandemic has changed the way in which many of us are working which also applies to the various trade mark offices around the world including the South African registry which is closed for the lock down and is not carrying out any actions during this period.
- [The Legal 500 Europe, Middle East & Africa Rankings](https://werksmans.com/the-legal-500-europe-middle-east-africa-rankings-3/) - The Legal 500 has released its 2020 rankings for the EMEA region yesterday. Regarded as one of the world's largest and most reputable legal referral guides, The Legal 500 is an independent directory which assesses the strengths of law firms in over 100 jurisdictions and continues to grow each year with new practice areas and
- [Urgent update: COVID-19 TEMPORARY EMPLOYEE / EMPLOYER RELIEF SCHEME](https://werksmans.com/urgent-update-covid-19-temporary-employee-employer-relief-scheme/) - By Andre van Heerden, Senior Associate; Jacques van Wyk, Director, Bradley Workman-Davies, Director; and Thabisa Yantolo , Candidate Attorney On 15 April 2020 the Department of Employment and Labour published a list of frequently asked questions ("FAQs") regarding the Covid-19 Temporary Employee / Employer Relief Scheme ("TERS"). A copy of the FAQs can be accessed
- [Directive by the FSCA and Prudential Authority](https://werksmans.com/directive-by-the-fsca-and-prudential-authority/) - by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate AttorneyReviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice The FSCA and the Prudential Authority have jointly issued a Directive to financial institutions regarding appropriate precautionary measures when performing essential financial services during the Lockdown Period. Directive under the regulations of the
- [Exemptions for certain short-term insurers and long-term insurers providing premium relief](https://werksmans.com/exemptions-for-certain-short-term-insurers-and-long-term-insurers-providing-premium-relief/) - by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate AttorneyReviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice The FSCA has allowed insurers to provide premium relief to policyholders. This may have negative financial effects on the ability of policyholders to claim during the period in which the premium relief is
- [Directions on fair processes for mining sector during covid-19 lockdown issued](https://werksmans.com/directions-on-fair-processes-for-mining-sector-during-covid-19-lockdown-issued/) - by Chris Stevens, Director and Head of the Mining, Environmental & Resources practice; Kathleen Louw, Director; and Bronwyn Parker, Senior Associate As anticipated, the Department of Mineral Resources and Energy ("the DMR") has issued directions designed to ensure fair processes ("the Directions") on licensing, consultation, appeals and compliance processes and reporting requirements for the mining
- [Regional Competition authorities demand action irrespective of COVID-19](https://werksmans.com/regional-competition-authorities-demand-action-irrespective-of-covid-19/) - by Ahmore Burger-Smidt, Director and head of the Data Privacy practice; Graeme Wickins, Director; and Dimakatso Khumalo, Candidate Attorney Introduction Undoubtedly economic uncertainty has been sparked worldwide as governments have ordered their countries into lockdown and it is clear that the COVID-19 pandemic continues to change our lives rapidly and significantly. Merger control has not
- [COVID-19 regulations: common misconceptions](https://werksmans.com/covid-19-regulations-common-misconceptions/) - by Bulelwa Mabasa, Director and head of the Land Reform Restitution & Tenure practice and Thomas Karberg, Candidate attorney The national lockdown to curb the spread of the novel coronavirus ("COVID-19") commenced on Thursday 26 March 2020 pursuant to the national state of disaster declared in terms of the Disaster Management Act No. 57 of
- [Temporary Employer / Employee Relief Scheme: tax implications](https://werksmans.com/temporary-employer-employee-relief-scheme-tax-implications/) - by Doelie, Lessing, Director and Andre van Heerden, Senior Associate On 16 April 2020 the Minister of Employment and Labour issued amendments to the directives governing the Covid-19 Temporary Employer / Employee Relief Scheme ("TERS"). These must still be published in the Government Gazette. The directives provide, among others, that in order to speed up
- [Exemptions and extensions for financial services providers and juristic representatives](https://werksmans.com/exemptions-and-extensions-for-financial-services-providers-and-juristic-representatives/) - by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate Attorney Reviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice The COVID-19 pandemic and the national lockdown has placed severe financial constraints on some FSPs and juristic representatives. The FSCA has exempted financial services providers and juristic representatives from certain financial soundness
- [Letter issued by the Johannesburg Stock Exchange on 17 April 2020 on Capital Raising Measures and Other ("JSE Letter")](https://werksmans.com/letter-issued-by-the-johannesburg-stock-exchange-on-17-april-2020-on-capital-raising-measures-and-other-jse-letter/) - by Kyra South, AssociateReviewed by Natalie Scott, Director Backround 1.1 Since the outbreak of Covid‑19, and the subsequent national lockdown declared in terms of the Disaster Management Act,[1] ("National Lockdown"), a number of companies are facing a liquidity squeeze and need raise capital in order to meet their financial obligations in the shortest possible time.
- [COVID-19 and the resultant impact on rental payments: a practical analysis](https://werksmans.com/covid-19-and-the-resultant-impact-on-rental-payments-a-practical-analysis/) - by Fátima Rodrigues, Director and Head of the Property Law & Real Estate practice and Kashvi Lalla, Director Introduction The economic effects of the government‑imposed lockdown ("Lockdown") in order to contain and curb the spread of the Covid‑19 pandemic have been widespread across all sectors of business in South Africa, including the retail property sector.
- [Fourth Amendment to the Disaster Management Regulations, insofar as they impact upon the energy and mining sector during COVID-19 lockdown](https://werksmans.com/fourth-amendment-to-the-disaster-management-regulations-insofar-as-they-impact-upon-the-energy-and-mining-sector-during-covid-19-lockdown/) - by Chris Stevens, Director and head of Mining, Environmental & Resources practice, Kathleen Louw; Director; and Bronwyn Parker Senior Associate On 16 April 2020, the Minister of Cooperative Governance and Traditional Affairs amended (for the fourth time) the Regulations issued on 15 March 2020, in terms of section 27(2) of the Disaster Management Act, 2002
- [Letter issued by the Johannesburg Stock Exchange on 21 April 2020 on the Payment of Dividends ("JSE Letter")](https://werksmans.com/letter-issued-by-the-johannesburg-stock-exchange-on-21-april-2020-on-the-payment-of-dividends-jse-letter/) - by Natalie Scott, Director and Tahli Hanan, Candidate Attorney Background The COVID-19 pandemic has caused considerable and unanticipated disruption to the South African business sector and a number of JSE-listed companies have issued SENS announcements regarding, inter alia, the cancellation, postponement and the amendment of declared dividends, which the Johannesburg Stock Exchange ("JSE") has had
- [Success fees to Business Rescue Practitioners: important aspects to consider](https://werksmans.com/success-fees-to-business-rescue-practitioners-important-aspects-to-consider/) - By Malachizodok Mpolokeng, Candidate AttorneyReviewed by: Dr. Eric Levenstein, Director and head of the Insolvency, Business Rescue & Restructuring practice. Setting the scene The COVID-19 pandemic has had a devastating global impact. Governments around the world have had to take drastic steps to curb the spread of this novel virus. South Africa is no exception.
- [Actions that may be taken to address some of the risks arising from the COVID-19 crisis in connection with M&A transactions](https://werksmans.com/actions-that-may-be-taken-to-address-some-of-the-risks-arising-from-the-covid-19-crisis-in-connection-with-ma-transactions/) - by Nozipho Bhengu, Director Introduction 1.1 On the 24th of March 2020, the President of the Republic of South Africa announced a nationwide lockdown in terms of the Disaster Management Act No 57 of 2002 (the Act) in an attempt to curb the spread of the coronavirus pandemic. The national lockdown is an unprecedented restriction
- [The protection of privacy and personal information. How much personal information will be enough?](https://werksmans.com/the-protection-of-privacy-and-personal-information-how-much-personal-information-will-be-enough/) - One Covid-19. So many tracing apps to locate individuals. "Your recently announced project to respond to COVID–19 by tracking when and where Americans interact with each other raises serious concerns… I fear that your project could pave the way for something much more dire." United States Senator Josh Halwey Since the inception of the COVID-19
- [Joint ventures - once competition law's ugly sister, now beloved Cinderella?](https://werksmans.com/joint-ventures-once-competition-laws-ugly-sister-now-beloved-cinderella/) - by Ahmore Burger-Smidt, Director and Head of the Data Privacy practice and Graeme Wickins, Director As the global economy is gripped by the Covid-19 pandemic, world leaders appear to be in the unenviable position of having to make tough decisions which strike a balance between, on the one hand, life (by enforcing long-term, hard, stay-at-home
- [Do you have temporary market power? The Competition Commission's first finding of excessive pricing under the COVID-19 emergency regulations](https://werksmans.com/do-you-have-temporary-market-power-the-competition-commissions-first-finding-of-excessive-pricing-under-the-covid-19-emergency-regulations/) - by Paul Cleland, Director The Competition Commission has, by way of a settlement agreement, concluded its first investigation into excessive pricing related to the national disaster that has been declared in relation to the COVID-19 pandemic ("COVID-19 Disaster"). Such settlements do not constitute legal precedent[1] but provide insight into the Commission's approach to particular matters
- [Moving towards the end of the lockdown – keeping it consistent and clear](https://werksmans.com/moving-towards-the-end-of-the-lockdown-keeping-it-consistent-and-clear/) - by Bradley Workman-Davies, Director The last big news from Government in relation to the National Lockdown, as outlined in the President's last address to the Nation on 23 April 2020, was the phased opening of the economy in five lockdown stages. South Africa is presently still at stage 5, the most restrictive on economic activity,
- [Occupational health and safety in the COVID-19 workplace](https://werksmans.com/occupational-health-and-safety-in-the-covid-19-workplace/) - By Jacques van Wyk, Director and Bradley Workman-Davies, Director A directive has recently been issued by the Department of Employment and Labour (dated 28 April 2020), which gives much needed guidance on what measures an employer would need to take to provide its employees with safety measures to protect against the risk of Covid19 exposure.
- [A worldwide pandemic - is it time to consider the inclusion of force majeure provisions in loan agreements?](https://werksmans.com/a-worldwide-pandemic-is-it-time-to-consider-the-inclusion-of-force-majeure-provisions-in-loan-agreements/) - By Cara Gow, Associate; Reneilwe Maleka, Associate and Juliet Siwela, Candidate AttorneyReviewed by Richard Roothman, Director and Head of the Banking & Finance practice The previous global financial crisis occurred in 2008/2009 as a result of the subprime mortgage crisis that originated in the USA when house prices started to fall in 2006. The global
- [COVID-19 and business interruption insurance: is your business covered?](https://werksmans.com/covid-19-and-business-interruption-insurance-is-your-business-covered/) - by Sarah Moerane, Director Following the declaration of a national state of disaster on 15 March 2020, and the subsequent lockdown imposed by the President from 26 March 2020, businesses have been forced to close their doors, and are contemplating whether they will survive the coronavirus outbreak, and the consequent measures taken by the government
- [DMRE issues directives on mining sector, in line with requirements of Section 5(1) of the Mine Health And Safety Act, 29 of 1996](https://werksmans.com/dmre-issues-directives-on-mining-sector-in-line-with-requirements-of-section-51-of-the-mine-health-and-safety-act-29-of-1996/) - by Chris Stevens, Director and Head of the Mining, Environmental and Resources practice; Kathleen Louw, Director; and Bronwyn Parker, Senior Associate On 23 April 2020, and as the South African mining sector prepares to ramp up to 50% of capacity, the Department of Minerals and Energy ("DMRE") issued the directive ("the 23 April 2020 Directive")
- [Exemptions for certain short-term insurers providing premium relief](https://werksmans.com/exemptions-for-certain-short-term-insurers-providing-premium-relief/) - by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate Attorney Reviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice The FSCA has allowed insurers to provide premium relief to policyholders who may be unable to pay their insurance policies due to the financial pressures caused by the COVID-19 pandemic. The FSCA
- [Operations of financial services business on COVID-19 alert level 4](https://werksmans.com/operations-of-financial-services-business-on-covid-19-alert-level-4/) - by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate AttorneyReviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice With effect from 1 May 2020, government has introduced a five-stage lockdown process. Financial Services businesses will be allowed to reopen subject to certain restrictions. Background The Disaster Management Act[1] (the "DMA")
- [Guidance note on the Joint Directive and the Call Centre Directions](https://werksmans.com/guidance-note-on-the-joint-directive-and-the-call-centre-directions/) - by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate Attorney Reviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice The Minister of Health and the Minister of Trade, Industry and Competition issued the Call Centre Directions applicable to call centres providing essential services during the Lockdown Period. The Call Centre Directions
- [Return to the workplace plans](https://werksmans.com/return-to-the-workplace-plans/) - By Jacques van Wyk, Director and Thabisa Yantolo, Candidate Attorney On 29 April 2020 the Minister of Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini Zuma, published regulations in terms of the Disaster Management Act ("the Regulations"). The requirements, arising out of the Regulations that must be met before returning to work are set out below:
- [Update on emergency procurement measures](https://werksmans.com/update-on-emergency-procurement-measures/) - by Sarah Moerane, Director On 19 March 2020 the National Treasury issued Instruction No 8 of 2019/2020: Emergency Procurement in response to the national state of disaster (the "first Treasury Instruction")[1] which set out measures to assist and regulate organs of state in their procurement processes during the national state of disaster. Various stakeholders made
- [What is the role of the SANDF during the lockdown?](https://werksmans.com/what-is-the-role-of-the-sandf-during-the-lockdown/) - Nelsie Siboza, Candidate AttorneyReviewed by Naledi Motsiri The role of the South African Defence Force (“SANDF”) during the lockdown has proven to be unclear for many South Africans. Since the commencement of the lockdown, there have been reported cases of abuse of power, torture and humiliation allegedly committed by members of the SANDF. One particular
- [An extension of the validity of prescriptions in terms of an amendment to the Medicines and Related Substances Act No. 101 of 1965](https://werksmans.com/an-extension-of-the-validity-of-prescriptions-in-terms-of-an-amendment-to-the-medicines-and-related-substances-act-no-101-of-1965/) - by Neil Kirby, Director and Head of the Healthcare & Life Sciences practice and Zamathiyane Mthiyane, Senior Associate On 30 April 2020 the Minister of Health published, in GNR481, a notice excluding Schedule 2, 3 and 4 Substances ("the Scheduled Substances") from certain provisions of the Medicines and Related Substances Act No. 101 of 1965,
- [Deadline for submission of COVID-19 Temporary Employer / Employee Relief Scheme ("TERS") applications](https://werksmans.com/deadline-for-submission-of-covid-19-temporary-employer-employee-relief-scheme-ters-applications/) - By Jacques van Wyk, Director and Thabisa Yantolo, Candidate Attorney On 30 April 2020 the Department of Employment and Labour released a statement regarding the deadline for submission of applications under the COVID-19 relief scheme. The statement can be found at: http://www.labour.gov.za/department-of-employment-and-labour-dispels-myths-that-it-has-reached-deadline-for-lockdown-relief-claims. The Department has confirmed that the deadline for doing so has not yet
- [Letter issued by the Johannesburg Stock Exchange ("JSE") on 24 April 2020 on Financial Reporting during COVID‑19 ("JSE Letter")](https://werksmans.com/letter-issued-by-the-johannesburg-stock-exchange-jse-on-24-april-2020-on-financial-reporting-during-covid‑19-jse-letter/) - by Kyra South, AssociateReviewed by Natalie Scott, Director Background Since the outbreak of COVID‑19, and the subsequent national lockdown declared in terms of the Disaster Management Act,[1] ("National Lockdown"), a number of companies are unsure of how to, inter alia, issue their requisite financial reports. The purpose of the JSE Letter is to inform issuers
- [CIPC certificate for permitted services](https://werksmans.com/cipc-certificate-for-permitted-services/) - By Jacques van Wyk, Director and Thabisa Yantolo, Candidate Attorney The Department of Trade and Industry have not yet provided clarity on whether an entity rendering a "permitted service" in terms of the Regulations to the Disaster Management Act 2002 (published by the Minister of Cooperative Governance and Traditional Affairs on 29 April 2020), is
- [SPLUMA Certificate Confusion](https://werksmans.com/spluma-certificate-confusion/) - By Fátima Rodrigues, Director and Head of the Property Law & Real Estate practice (Johannesburg) and Khathu Neluheni, Senior Associate There has been some confusion created by recently published press articles about the requirement to have a "SPLUMA certificate" referred to in section 53 of the Spatial Planning and Land Use Management Act No 16 of 2013 ("SPLUMA")
- [Tax Treatment of Prepaid Expenditure in the Limelight](https://werksmans.com/tax-treatment-of-prepaid-expenditure-in-the-limelight/) - By Erich Bell, Director, Werksmans Tax Proprietary Limited The application of section 23H was one of the issues recently considered by the Supreme Court of Appeal (SCA) in the case of Telkom SA SOC Limited v CSARS in relation to upfront cash incentive bonuses paid by Telkom to Velocity (Pty) Ltd for facilitating the conclusion
- [Corporate Social Responsibility embraces Humanity as SA works to flatten the curve - but beware scammers](https://werksmans.com/corporate-social-responsibility-embraces-humanity-as-sa-works-to-flatten-the-curve-but-beware-scammers/) - By Donvay Wegierski, Director Many companies have long engaged in Corporate Social Responsibility (CSR) programmes involving sustainability, ethics and social impact that aim to give back to society. South African business is no different and, now more than ever, CSR is a must have for businesses wanting to protect their brand during the Corona pandemic.
- [Must fees fall? The impact of the lockdown on school fees](https://werksmans.com/must-fees-fall-the-impact-of-the-lockdown-on-school-fees/) - By Thomas Karberg, Candidate Attorney Reviewed by Bulelwa Mabasa, Director and Head of the Land, Reform Restitution & Tenure practice It has now been more than a month that all schools have been closed in an effort to prevent the spread of COVID-19 among school children, educators and staff employed in schools. While several independent
- [Extension of council main agreements](https://werksmans.com/extension-of-council-main-agreements/) - By Jacques van Wyk, Director and Thabisa Yantolo, Candidate Attorney On 4 May 2020 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, published Government Gazettes on the extension of Council Collective Agreements in respect of: National Bargaining Council for the Electrical Industry of South Africa; and National Textile Bargaining Council. These agreements have been
- [A jack of all trades or jacking the trades of others: A case of having your fingers burnt in too many pies](https://werksmans.com/a-jack-of-all-trades-or-jacking-the-trades-of-others-a-case-of-having-your-fingers-burnt-in-too-many-pies/) - National Union of Metal Workers Of South Africa V Lufil Packaging (Isithebe) (A Division Of Bidvest Paperplus (Pty) Limited) (Unreported) Case No. Cct172/19 By Peter Mosebo, Director and Toka Moiloa, Senior Associate The phenomenon of dabbling in trades other than one's own niche is not unusual in these adverse economic times. To the contrary, it
- [Cancellations and postponements of dividends](https://werksmans.com/cancellations-and-postponements-of-dividends/) - by Kevin Trudgeon, Director; Brian Price, Director; and Raquel Goncalves, Candidate Attorney The COVID-19 outbreak, the subsequent lockdown and other resultant measures taken by the government to curb the spread of the virus has caused substantial unforeseen disruptions to businesses and their cash flows. Many companies, especially companies listed on the Johannesburg Stock Exchange ("JSE"),
- [The impact of COVID-19 on the use of common areas](https://werksmans.com/the-impact-of-covid-19-on-the-use-of-common-areas/) - by Fátima Rodrigues, Director and Head of the Property Law & Real Estate practice (Johannesburg) and Yatheen Ramnath, Candidate Attorney On 15 March 2020 a national state of disaster was declared in terms of section 27 of the Disaster Management Act No 57 Of 2002 ("Act") by the South African government ("Government"). On 18 March 2020, regulations were published by the Department
- [Some more exemptions from Competition Law during the pandemic](https://werksmans.com/some-more-exemptions-from-competition-law-during-the-pandemic/) - Competition Law during the pandemic We have previously reported on the various block exemptions issued by the Minister of Trade, Industry and Competition ("DTIC Minister") which allow the banking, hospitals, healthcare, retail property and hotel industries to coordinate their activities, to a certain extent, without fear of falling foul of the Competition Act 89 of
- [As little as possible infringement? Is this the case when thinking about the right to privacy in South Africa?](https://werksmans.com/as-little-as-possible-infringement-is-this-the-case-when-thinking-about-the-right-to-privacy-in-south-africa/) - by Ahmore Burger-Smidt, Director and Head of the Data Privacy practice A year back there would have been a massive outcry if anyone contemplated for governments to track individuals via mobile phones, but the coronavirus pandemic has resulted in a slightly re-aligned debate. Techniques that were once seen as intrusive, like collecting location and health
- [New directions, regulations and a Labour Court judgment bring clarity to the mining industry](https://werksmans.com/new-directions-regulations-and-a-labour-court-judgment-bring-clarity-to-the-mining-industry/) - by Chris Stevens, Director and Head of the Mining, Environmental & Resources practice; Kathleen Louw, Director; Bronwyn Parker, Senior Associate; and Tsebo Masia, Candidate Attorney Following the announcement of the phased and regulated relaxation of the National Lockdown on 23 April 2020, the mining industry remained in need of further clarification in terms of the
- ['Special measures' for the return to work of employees older than 60 years old](https://werksmans.com/special-measures-for-the-return-to-work-of-employees-older-than-60-years-old/) - by Jacques van Wyk Director and Thabisa Yantolo, Candidate Attorney On 29 April 2020 the Minister of Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini Zuma, published Regulations in terms of the National Disaster Management Act ("Regulations") which regulate the Alert Level 4 conditions during the COVID-19 national disaster. The Regulations allow for a number
- [COVID-19 Temporary Employer / Employee Relief Scheme ("TERS") applications for May](https://werksmans.com/covid-19-temporary-employer-employee-relief-scheme-ters-applications-for-may/) - by Jacques van Wyk, Director and Thabisa Yantolo, Candidate Attorney Employers who are registered with the Unemployment Insurance Fund ("UIF"), who have had to fully or partially close down their business due to the lockdown and are unable to pay their employees' salaries are entitled to apply for the COVID-19 TERS benefit on behalf of
- [Medical Schemes Act Amendment: COVID-19 declared a PMB](https://werksmans.com/medical-schemes-act-amendment-covid-19-declared-a-pmb/) - by Neil Kirby, Director and Head of the Healthcare & Life Sciences practice and Zamathiyane Mthiyane, Senior Associate Pursuant to a circular published by the Council of Medical Schemes ("the CMS") on 26 March 2020 ("the Circular"), declaring COVID-19 a prescribed minimum benefit, as that term is defined in the Medical Schemes Act No. 131 of 1998 ("the
- [COVID-19 regulations and how commercial landlords may survive](https://werksmans.com/covid-19-regulations-and-how-commercial-landlords-may-survive/) - by Walid Brown, Director and Elzaan Haynes, Candidate Attorney The COVID-19 national lockdown restrictions (" the lockdown restrictions") are having a devastating impact on commercial landlords, as national tenants are deciding not to pay their full or any rental due. The question which presents itself is whether landlords have any rights under these circumstances. A
- [Ten things you need to know about price gouging: The state of play in South Africa](https://werksmans.com/ten-things-you-need-to-know-about-price-gouging-the-state-of-play-in-south-africa/) - By Paul Coetser, Director and Head of the Competition practice The Competition Commission is aggressively pursuing any company alleged to have engaged in price gouging during the COVID-19 pandemic. It has already entered into eleven settlement agreements and is engaged in prosecutions of four more companies. One of those companies, Dischem, is a prominent retail
- [Urgent update: directions regarding the sale of cars and emergency automobile repairs during Alert Level 4](https://werksmans.com/urgent-update-directions-regarding-the-sale-of-cars-and-emergency-automobile-repairs-during-alert-level-4/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 12 May 2020 the Minister of Trade, Industry and Competition, Mr Ebrahim Patel, published Directions ("Directions") in terms of the regulations issued by the Minister of Co-operative Governance and Traditional Affairs in terms of the Disaster Management Act ("Regulations").
- [Urgent update: directions on micro and small business trading in permitted services](https://werksmans.com/urgent-update-directions-on-micro-and-small-business-trading-in-permitted-services/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 10 May 2020, the Minister of Small Business Development, Ms Khumbudzo Ntshavheni, signed Directions ("Directions") in terms of the Regulations made under the Disaster Management Act ("Regulations"). The Directions were published, by way of Government Gazette, on 13 May
- [Urgent update: directions issued regarding the sale of clothing, footwear and bedding during Alert Level 4](https://werksmans.com/urgent-update-directions-issued-regarding-the-sale-of-clothing-footwear-and-bedding-during-alert-level-4/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 12 May 2020 the Minister of Trade, Industry and Competition, Mr Ebrahim Patel, published Directions ("Directions") in terms of the Regulations issued by the Minister of Co-operative Governance and Traditional Affairs in terms of the Disaster Management Act. The
- [Could accelerating the development and construction of renewable energy projects assist in rebuilding the economy?](https://werksmans.com/could-accelerating-the-development-and-construction-of-renewable-energy-projects-assist-in-rebuilding-the-economy/) - by Nozipho Bhengu, Director and Tsebo Masia, Candidate Attorney 1.1 On 13 May 2020, the President of South Africa addressed the nation about the further easing of lockdown restrictions and the re-opening of the economy. This is to be achieved by increasing economic activity whilst strengthening health measures to reduce the transmission of the corona
- [Urgent update: directions regarding e-commerce sales during Alert Level 4 of the COVID-19 national state of disaster](https://werksmans.com/urgent-update-directions-regarding-e-commerce-sales-during-alert-level-4-of-the-covid-19-national-state-of-disaster/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 14 May 2020 the Minister of Trade, Industry and Competition, Mr Ebrahim Patel, signed Directions ("Directions") in terms of the Regulations issued by the Minister of Co-operative Governance and Traditional Affairs in terms of the Disaster Management Act. The
- [Exemption of managers of collective investment schemes from certain requirements relating to the administration of portfolios](https://werksmans.com/exemption-of-managers-of-collective-investment-schemes-from-certain-requirements-relating-to-the-administration-of-portfolios/) - by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate Attorney Reviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice The FSCA has contemplated that managers of collective investment scheme portfolios may run into liquidity issues due to the volatility currently experienced within financial markets due to the spread of COVID-19. The
- [Can business rescue minimise the effects of COVID-19 on your business?](https://werksmans.com/can-business-rescue-minimise-the-effects-of-covid-19-on-your-business/) - by Walid Brown, Director and Elzaan Haynes, Candidate Attorney Business Rescue is aimed at creating a culture of corporate rescue which is appropriate for the modern South African economy. The aim is to provide for the efficient rescue and recovery of financially distressed companies, in a manner that balances the rights and interests of all
- [COVID-19 and the ruling party's policy on the NHI](https://werksmans.com/covid-19-and-the-ruling-partys-policy-on-the-nhi/) - by Neil Kirby, Director and Head of the Healthcare & Life Sciences practice and Zamathiyane Mthiyane, Senior Associate The COVID-19 virus has challenged if not crippled healthcare systems worldwide, which, consequently, has brought universal access to healthcare services back into the spotlight. This is no different in South Africa where the quest for access to universal
- [Request for information on the impact of the COVID-19 pandemic on contributions for retirement savings](https://werksmans.com/request-for-information-on-the-impact-of-the-covid-19-pandemic-on-contributions-for-retirement-savings/) - by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate AttorneyReviewed by Shayne Krige, Director and head of the Investment Funds & Private Equity practice The FSCA has previously allowed pension funds to make use of distress rules to alleviate the economic challenges faced by employers and employees due to the COVID-19 pandemic. In the absence of existing
- [Update: Directions on resumption of maintenance and construction of energy projects](https://werksmans.com/update-directions-on-resumption-of-maintenance-and-construction-of-energy-projects/) - by Nozipho Bhengu, Director The regulations issued in terms of the Disaster Management Act, 2020 ("Regulations"), which set out the relaxation of the lockdown restrictions under Alert Level 4, permitted the resumption of civil engineering services for public works projects (including water, energy and sanitation) and public works civil engineering and construction works. In order
- [Unprecedented times should serve as a reminder: The importance of privacy](https://werksmans.com/unprecedented-times-should-serve-as-a-reminder-the-importance-of-privacy/) - by Ahmore Burger-Smidt, Director and Head of the Data Privacy practice There was of course no way of knowing whether you were being watched at any given moment. How often, or on what system, the Thought Police plugged in on any individual wire was guesswork. It was even conceivable that they watched everybody all the
- [COVID-19 Temporary Employer / Employee Relief Scheme ("TERS") benefit calculation](https://werksmans.com/covid-19-temporary-employer-employee-relief-scheme-ters-benefit-calculation/) - By Andre van Heerden, Senior Associate; Jacques van Wyk, Director, Bradley Workman-Davies, Director; and Thabisa Yantolo, Candidate Attorney Introduction The Unemployment Insurance Fund ("UIF") have published an updated set of Frequently Asked Questions ("FAQs"). The FAQs provide details as to how to calculate the benefits payable to employers, on behalf of their employees, in terms
- [Update to COVID-19 Temporary Employer / Employee Relief Scheme (TERS) benefits](https://werksmans.com/update-to-covid-19-temporary-employer-employee-relief-scheme-ters-benefits/) - By Andre van Heerden, Senior Associate; Jacques van Wyk, Director, Bradley Workman-Davies, Director; and Thabisa Yantolo , Candidate Attorney On 26 May 2020 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, (“Minister“) published amendments to the COVID-19 Temporary Employer / Employee Relief Scheme ("TERS") Directives. The amendments are effective from 26 May 2020. Extension
- [Contentious draft Tax amendments: recent developments](https://werksmans.com/contentious-draft-tax-amendments-recent-developments/) - Two of this year's draft tax amendments are extremely contentious. These are the draft amendments in relation to: share buybacks; and the characterisation of offshore companies owned by offshore trusts as controlled foreign companies (CFCs) in certain circumstances, which characterisation impacts the taxation of distributions from the offshore trusts. THE PROPOSED NEW SHARE BUYBACK
- [Discovery vs Liberty – When is use of a trade mark an infringement?](https://werksmans.com/discovery-vs-liberty-when-is-use-of-a-trade-mark-an-infringement/) - by Janine Hollesen, Director Various Discovery companies took Liberty Group Limited ("Liberty") to court over Liberty's use of Discovery's VITALITY and DISCOVERY registered trade marks in relation to the Liberty Lifestyle Protection Plan ("the Liberty Plan"). During 2019 Liberty introduced a Wellness Bonus feature to its Liberty Plan whereby qualifying customers could decide to disclose
- [Specifications and bad faith – The CJEU Skykick ruling](https://werksmans.com/specifications-and-bad-faith-the-cjeu-skykick-ruling/) - by Donvay Wegierski, Director As trade marks are classified in classes according to the relevant goods and/or services, trade mark applications are often filed with class headings. A class heading broadly describes the nature of the goods and services in that class in accordance with the International Nice Classification system. While these specifications may require
- [COVID-19 and online precautions for brand owners](https://werksmans.com/covid-19-and-online-precautions-for-brand-owners/) - by Donvay Wegierski, Director As the world heeds the call to stay at home and flatten the curve our online activity has increased. With it, we have seen an increase in cybercrime, phishing and general criminal activity luring people to donate to fake causes, to click on phishing links and buy fake or counterfeit goods.
- [Royal IP continued](https://werksmans.com/royal-ip-continued/) - by Donvay Wegierski, Director We have previously written about Prince Harry and Meghan Markle stepping down as "senior royals". The Duke and Duchess of Sussex will be financially independent balancing their time between the United Kingdom and North America and are assuming their newly defined roles as agreed by the Royal Family. The terms of
- [Exporters to China remain positive as new balance comes out tops in trade mark tussle](https://werksmans.com/exporters-to-china-remain-positive-as-new-balance-comes-out-tops-in-trade-mark-tussle/) - American multinational New Balance has recently been awarded the highest amount in damages to a foreign entity in trade mark infringement proceedings in China in a cautionary tale for South African exporters for which Asia is their fastest growing market. The ruling could signal a shift in the Chinese court’s approach to brand protection, compensating
- [Cleaning house](https://werksmans.com/cleaning-house/) - In the recent judgment of Jordaan and Others v City of Tshwane Metropolitan Municipality and Others[1] the Constitutional Court provided clarity regarding section 118(3) of the Local Government: Municipal Systems Act 32 of 2000 ("the Act"). The Gauteng Division of the High Court of South Africa declared section 118(3) to be unconstitutional and invalid to
- [Enforceability of medical testing as a clause in an employment contract](https://werksmans.com/enforceability-of-medical-testing-as-a-clause-in-an-employment-contract/) - Pharmaco Distribution (Pty) Ltd v Weideman (JA104/2015) [2017] ZALCJHB 258 (4 July 2017) ISSUE Whether an employer can rely on a clause in an employee's contract of employment in terms of which the employee agrees to undergo medical testing when required by the employer to insist that the employee such undergo medical testing.
- [The Protected Disclosures Amendment Act, No 5 of 2017](https://werksmans.com/the-protected-disclosures-amendment-act-no-5-of-2017/) - On 31 July 2017 the President of the Republic of South Africa assented to the Protected Disclosures Amendment Act 5 of 2017 ("Amendment Act"). The Amendment Act commenced on 2 August 2017. The Amendment Act extends the application of the Act to any person who works or worked for the State or another person or
- [The pitfalls of resignation](https://werksmans.com/the-pitfalls-of-resignation/) - ISSUE If an employee resigns, then decides to retract her resignation but her employer refuses to allow her to do so, has the employer, in so doing, dismissed the employee? SUMMARY COURT'S DECISION In the case of Bawsi Agricultural Workers Union of South Africa obo Hansen/Standard Bank of South Africa Ltd
- [IP transactions and exchange control](https://werksmans.com/ip-transactions-and-exchange-control/) - In March 2017 the South African Reserve Bank (SARB) proposed certain new exemptions relating to the sale and licensing of Intellectual Property (IP) from South African residents to foreign entities. These exemptions are well received and indeed a relaxation toward stringent exchange control regulations for foreign IP transactions. It is important to note that while
- [Dismissal for poor work performance: the importance of setting realistic targets and providing assistance in the achievement of such targets](https://werksmans.com/dismissal-for-poor-work-performance-the-importance-of-setting-realistic-targets-and-providing-assistance-in-the-achievement-of-such-targets/) - ISSUE(S) The importance of setting realistic targets for employees and providing the employees with resources to reach such targets. SUMMARY COURT'S DECISION In the matter of Damelin (Pty) Ltd v Solidarity obo Parkinson and others (2017) 26 LAC 8.1.1 the Court had to deal with these issues. Mr Steve W Parkinson
- [Higher qualifications not an automatic reason validating differential pay between employees](https://werksmans.com/higher-qualifications-not-an-automatic-reason-validating-differential-pay-between-employees/) - ISSUE Whether the employer had unfairly discriminated against farm‑supervisors by grading and paying them less than farm‑foremen who performed the same work but who had different academic qualifications. SUMMARY COMMISSION'S DECISION In the matter of National Education Health and Allied Workers Union obo Sinxo and Others versus Agricultural Research Council 2017
- [Are trade mark clearance searches necessary?](https://werksmans.com/are-trade-mark-clearance-searches-necessary/) - INTRODUCTION We are asked by clients on regular occasions whether there is a need to conduct searches of the trade marks registry before filing trade mark applications. The facts of the Pretoria High Court case discussed below illustrates the importance of conducting searches of the trade marks register before filing trade mark applications to
- [Common shareholding and cross-directorship – a competitive conundrum when investing](https://werksmans.com/common-shareholding-and-cross-directorship-a-competitive-conundrum-when-investing/) - "VICTORY IS BY NATURE INSOLENT AND HAUGHTY" Cicero The South African economic landscape undoubtedly reflects concentrated ownership structures. An economy with this prevailing ownership model, in most economic sectors and corporate environments. Also, an economy that reflects cross-ownerships[1] and cross‑directorships.[2] The Competition Tribunal of South Africa ("the Competition Tribunal") has in various cases expressed
- [Domestic violence: a sad South African reality](https://werksmans.com/domestic-violence-a-sad-south-african-reality/) - The plight of violence against women in our country has been given much media attention in recent times, especially during Women's month, in August. The media has reported on women being physically assaulted, raped and even killed, at the hands of men. According to statistics, one in five women in South Africa experience violence from
- [Top ten reasons to register your trade marks](https://werksmans.com/top-ten-reasons-to-register-your-trade-marks/) - The significance of registering trade marks should never be underestimated by any business with countless reasons as to why you should do so. In this article we discuss the top 10 reasons why. Adding value to your business Trade mark registrations add value to your business as they can be transferred in the case of
- [To credit is to pay](https://werksmans.com/to-credit-is-to-pay/) - Although common in practice, and especially between group companies, not much judicial thought has previously been given to the tax effect of crediting an inter-company loan account. A judgement handed down by the Tax Court in September 2016 gives us some food for thought in this regard. THE FACTS ARE AS FOLLOWS: The
- [Update: Temporary Employer / Employee Relief Scheme ("TERS"): The May application process](https://werksmans.com/update-temporary-employer-employee-relief-scheme-ters-the-may-application-process/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 28 May 2020 the Department of Employment and Labour ("Department") published a statement regarding the May applications for TERS. We highlight below some of the key aspects of the statement. On 1 June 2020 the Department, in a published
- [NUMSA v LUFIL: Does the Constitutional Court judgment accord with government's policy of orderly bargaining at sectoral level?](https://werksmans.com/numsa-v-lufil-does-the-constitutional-court-judgment-accord-with-governments-policy-of-orderly-bargaining-at-sectoral-level/) - By Lloyd Abraham, Director This article is a follow up to the article dealing with the case National Union of Metal Workers of South Africa v Lufil Packaging (Isithebe) (A Division of Bidvest Paperplus (Pty) Limited) (Unreported) Case No. CCT172/19, which addresses the specific position taken by the Constitutional Court (the Concourt) in handing down
- [Relaxing Cannabis](https://werksmans.com/relaxing-cannabis/) - By Neil Kirby, Director The regulatory travels of cannabis continue. In terms of amendments published to the Schedules to the Medicines and Related Substances Act No. 101 of 1965, as amended ("the Medicines Act"), as GNR 586 on 22 May 2020, the legal classification of cannabis or THC has shifted relatively significantly. In terms of
- [The approach of the COMESA competition commission to distribution, exclusive dealing, supply and other vertical agreements](https://werksmans.com/the-approach-of-the-comesa-competition-commission-to-distribution-exclusive-dealing-supply-and-other-vertical-agreements/) - By Pieter Steyn, Director The Common Market for Eastern and Southern Africa (COMESA) covers 21 countries namely Burundi, the Comoros, the Democratic Republic of Congo, Djibouti, Egypt, Eritrea, Ethiopia, Kenya, Libya, Madagascar, Malawi, Mauritius, Rwanda, Sudan, Swaziland, Seychelles, Somalia, Tunisia Uganda, Zambia and Zimbabwe. The COMESA Competition Commission ("CCC") has been operating since January 2013
- [The use of Broad-Based Black Economic Empowerment (“BBBEE”) criteria for government relief funds in the COVID-19 crisis](https://werksmans.com/the-use-of-broad-based-black-economic-empowerment-bbbee-criteria-for-government-relief-funds-in-the-covid-19-crisis/) - An analysis of the Solidarity/Afriforum case involving the Tourism Relief Fund for small micro and medium sized enterprises (“SMMES”) By Pieter Steyn, Director The serious negative effects of the COVID-19 crisis on business (and particularly on SMMEs) has led to several funding relief measures by the Government including a R200 million Tourism Relief Fund for
- [The ranking of creditors' claims – now settled law!](https://werksmans.com/the-ranking-of-creditors-claims-now-settled-law/) - By Nastascha Harduth, Director and Roxanne Webster, Senior Associate Since the introduction of the Companies Act 71 of 2008 ("the Companies Act"), and particularly Chapter 6 of the Companies Act dealing with business rescue proceedings, there has been much legal debate on various issues that have arisen as a result of the business rescue provisions
- [Turbulence in the Business Rescue of SAA - a new hurdle on the retrenchment track?](https://werksmans.com/turbulence-in-the-business-rescue-of-saa-a-new-hurdle-on-the-retrenchment-track/) - By Sandile July, Director and Lisa Appelgryn, Senior Associate On 08 May 2020, the Labour Court handed down what could be considered a seminal judgment on the issue of retrenchment in the context of business rescue proceedings. The National Union of Metalworkers of South Africa and the South African Cabin Crew Association brought an urgent application before
- [Update: Temporary Employer / Employee Relief Scheme ("TERS") benefit payment to foreign national workers](https://werksmans.com/update-temporary-employer-employee-relief-scheme-ters-benefit-payment-to-foreign-national-workers/) - by Jacques van Wyk, Director; Andre van Heerden; Senior Associate; and Thabisa Yantolo, Candidate Attorney On 1 June 2020 the Unemployment Insurance Fund ("UIF") Commissioner, Mr Teboho Maruping, published a statement on the Department of Employment and Labour's website relating to the processing of claims for foreign nationals. This statement can be found at: http://www.labour.gov.za/DocumentCenter/Publications/Unemployment%20Insurance%20Fund/COVID%2019%20process%20foreign%20nationals.pdf.
- [Occupational Health and Safety Directive](https://werksmans.com/occupational-health-and-safety-directive/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Thabisa Yantolo, Candidate Attorney On 4 June 2020 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, published, by way of Government Gazette, the 'Consolidated COVID-19 Direction on Health and Safety in the Workplace' ("Direction"). The Direction replaces the Direction published on 29 April
- [Non-payment of salaries leads to business rescue](https://werksmans.com/non-payment-of-salaries-leads-to-business-rescue/) - by Bradley Workman-Davies, DirectorThe South Gauteng High court has recently handed down a judgment in which it placed two high profile Johannesburg restaurants into business rescue, primarily on the basis that their unpaid salary bill to employees was a legal debt and that the restaurants' legal defence, of inability to pay, constituted grounds to place
- [Professional hunting courses may continue but charter fishing is prohibited - finding a rational balance](https://werksmans.com/professional-hunting-courses-may-continue-but-charter-fishing-is-prohibited-finding-a-rational-balance/) - Updates on The Department of Environment, Forestry and Fisheries COVID-19 Directions for Fisheries, Forestry and Biodiversity Sector by Justin Truter, Director; Bronwyn Parker, Senior Associate; and Nomsa Nhlangulela, Associate On 5 June 2020 the Department of Environment, Forestry and Fisheries published various directions to address, combat and prevent the spread of COVID‑19 relating to the freshwater and
- [Update on the Department of Mineral Resources and Energy Regulation & Directions for the Mining and Energy Sector](https://werksmans.com/update-on-the-department-of-mineral-resources-and-energy-regulation-directions-for-the-mining-and-energy-sector/) - COVID-19, Electricity Regulations, REIPPPP, GAS Regulations and the Nuclear New Build Programme By Chris Stevens, Director and Head of the Mining, Environmental & Resources practice; Jonathan Behr, Director; Bronwyn Parker, Senior Associate; and Tsebo Masia, Candidate Attorney It goes without saying that from the period commencing on 27 March 2020 to date, our country has
- [Virtual AGMs in the wake of COVID-19](https://werksmans.com/virtual-agms-in-the-wake-of-covid-19/) - by Saarah Coenraad, Candidate Attorneyreviewed by Taryn Potter. Director and Michaela Tyfield, Senior Associate The "COVID‑19" pandemic and the declaration of a national state of disaster in terms of the Disaster Management Act No. 57 of 2002 has had an unprecedented impact on people and businesses alike. Companies incorporated in terms of the Companies Act No.
- [Is my business insured?](https://werksmans.com/is-my-business-insured/) - by Walid Brown, Director and Elzaan Haynes, Candidate Attorney We all take out insurance to cover everything from our homes to our business. Many of us have been in the position, where just as we need the cover, we are informed that the particular incident is not insured. The lesson learnt, is that we must
- [Accommodating employees in the workplace](https://werksmans.com/accommodating-employees-in-the-workplace/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Thabisa Yantolo, Candidate Attorney Under the current COVID-19 regulations, employers must ensure that a number of measures are put in place in the workplace in order to ensure the health and safety of employees. Some measures may, however, present a challenge when it comes
- [Urgent update: permitted personal care services](https://werksmans.com/urgent-update-permitted-personal-care-services/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 19 June 2020 the Minister for Small Business Development, Khumbudzo Ntshavheni, published Directions on the protocols for the permitted personal care services ("Directions"). The purpose of the Directions is to "provide protocols to mitigate and manage the COVID-19
- [The date is 1 July 2020…..The day has dawned!](https://werksmans.com/the-date-is-1-july-2020-the-day-has-dawned/) - by Ahmore Burger-Smidt , Director, Head of the Data Privacy Practice Group "On privacy issues, it's just like hundreds of years ago when people said, 'I would rather put my money under my pillow than in a bank.' But today, banks know how to protect money much better than you do. Today, we may not
- [Labour and employment: rebuilding and restructuring post lockdown](https://werksmans.com/labour-and-employment-rebuilding-and-restructuring-post-lockdown/) - By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; Michiel Heyns, Senior Associate; and Thabisa Yantolo, Candidate Attorney Introduction With the easing of the nationwide lockdown in response to the COVID-19 pandemic through the Government's "Risk Adjusted Strategy" (comprising of five lockdown levels), more and more businesses can lawfully operate again. As a result,
- [UPDATE: COVID-19 Temporary Employer / Employee Relief Scheme ("TERS") guideline and commencement of June applications](https://werksmans.com/update-covid-19-temporary-employer-employee-relief-scheme-ters-guideline-and-commencement-of-june-applications/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The Department of Employment and Labour has published a Guide on how to apply for the May TERS benefit. ("Guide"). The Guide deals with a number of issues including: The processes employers and employees must follow to apply for the
- [POPIA, Employment Contracts and Policies and Procedures](https://werksmans.com/popia-employment-contracts-and-policies-and-procedures/) - by Ahmore Burger-Smidt, Director and Head of the Data Privacy Practice; Jacques van Wyk, Director, Labour & Employment Practice; and Bradley Workman-Davies, Director, Labour & Employment Practice With effect of 1 July 2020 a number of material provisions of the Protection of Personal Information Act 2013 ("POPIA") will come into operation. As more fully detailed
- [Urgent update: Amendments to lockdown level 3 regulations](https://werksmans.com/urgent-update-amendments-to-lockdown-level-3-regulations/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 25 June 2020 the Minister of Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini Zuma ("Minister"), published, by way of Government Gazette, amendments to the Regulations ("Amendments") to the Disaster Management Act 57 of 2002. We have highlighted a
- [Solutions thick and fast but as of 1 July 2020, innovation must incorporate POPIA conditions](https://werksmans.com/solutions-thick-and-fast-but-as-of-1-july-2020-innovation-must-incorporate-popia-conditions/) - By Ahmore Burger-Smidt , Director, Head of the Data Privacy Practice Group "The recently reported cyber attack on a healthcare institution in South Africa highlights yet again the harsh reality that cyber criminals across the globe are continually on the lookout for ways to exploit the COVID-19 pandemic for their own gain."[1] Eugene Kaspersky, CEO
- [Discovery vs Liberty – When is use of a trade mark an infringement?](https://werksmans.com/discovery-vs-liberty-when-is-use-of-a-trade-mark-an-infringement-2/) - by Janine Hollesen, Director Various Discovery companies took Liberty Group Limited (“Liberty”) to court over Liberty’s use of Discovery’s VITALITY and DISCOVERY registered trade marks in relation to the Liberty Lifestyle Protection Plan (“the Liberty Plan”). During 2019 Liberty introduced a Wellness Bonus feature to its Liberty Plan whereby qualifying customers could decide to disclose
- [The important role of regional courts in the African Continental Free Trade Area – The Mseto judgment by the East African Court of Justice](https://werksmans.com/the-important-role-of-regional-courts-in-the-african-continental-free-trade-area-the-mseto-judgment-by-the-east-african-court-of-justice/) - By Pieter Steyn, Director The African Continental Free Trade Area ("AfCTA") has raised the prospect of greater trade, investment and economic development between African states. The success of its implementation (and its credibility in the eyes of both local and foreign investors) will depend to a large degree on the establishment and proper functioning of
- [Labour court provides much needed correction on no work no pay cases](https://werksmans.com/labour-court-provides-much-needed-correction-on-no-work-no-pay-cases/) - By Bradley Workman- Davies, Director and Neo Sewela, Candidate Attorney The Johannesburg High Court recently found in the matter of Mhlonipheni v Mezepoli Melrose Arch and Others 2020 that employees (in this case, employed by the Mezepoli and Plaka chain of restaurants) were able to tender their services during Level 5 and Level 4 of
- [Directors' duties and obligations in the business rescue process](https://werksmans.com/directors-duties-and-obligations-in-the-business-rescue-process/) - Introduction Once a company is placed into a business rescue proceeding, the business rescue practitioners immediately step into a supervisory role and where the board of directors of the company become answerable, to a large degree, to such practitioners in respect of the ongoing conduct of the company's operations and affairs. When this occurs, we
- [Retrenchment consultations: the use of video-conferencing](https://werksmans.com/retrenchment-consultations-the-use-of-video-conferencing/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Whether an employer may utilise Zoom when conducting consultations in a retrenchment exercise. If not, does the continuation of the consultations in such circumstances result in procedural unfairness? Summary The Labour Relations Act 66 of 1995 ("LRA") does not
- [Retrenchment of employees on fixed-term contracts: How far can you go?](https://werksmans.com/retrenchment-of-employees-on-fixed-term-contracts-how-far-can-you-go/) - by Sandile July, Director and Nyiko Mathebula, Candidate Attorney Retrenchments are viewed in a bad light due to the very sensitive socio‑economic element of rendering employees jobless. Although regulated by statute, in particular sections 189 and 189A of the Labour Relations Act 66 of 1995, employers still find the retrenchment process a difficult one to
- [Urgent update: COVID-19 Temporary Employer / Employee Relief Scheme ("TERS")](https://werksmans.com/urgent-update-covid-19-temporary-employer-employee-relief-scheme-ters/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The Unemployment Insurance Fund ("UIF") are accepting June Covid-19 TERS applications on their online portal. The online portal may be accessed at: https://uifecc.labour.gov.za/covid19/. The online portal provides new login rules which are aimed at preventing issues for users logging into
- [COVID-19: Could borrowing base funding mechanisms be the answer for smaller businesses suffering from cash flow shortages?](https://werksmans.com/covid-19-could-borrowing-base-funding-mechanisms-be-the-answer-for-smaller-businesses-suffering-from-cash-flow-shortages/) - By Cara Gow, Associate Reviewed by Richard Roothman, Director and Head of the Banking & Finance practice and Tracy-Lee Janse van Rensburg, Director There is hope for small businesses suffering from the impact of the COVID-19 national lockdown who have been unable to look to financial institutions for funding assistance. Small businesses are aware that
- [CCMA digital platforms](https://werksmans.com/ccma-digital-platforms/) - By Michiel Heyns, Senior AssociateReviewed by Jacques van Wyk, Director On or about 8 May 2020 the Director of the Commission for Conciliation, Mediation and Arbitration ("the CCMA") issued an Urgent Directive in respect of access to the CCMA ("the Directive"). Through the Directive the CCMA introduced various measures in order to minimise exposure to COVID-19.
- [Urgent update: COVID-19 Temporary Employer / Employee Relief Scheme ("TERS") extension](https://werksmans.com/urgent-update-covid-19-temporary-employer-employee-relief-scheme-ters-extension/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 21 July 2020, the Department of Employment and Labour ("Department") announced that the Covid-19 TERS benefit would be extended to 15 August 2020. The benefit structure and criteria will remain the same as that which applied in April, May
- [Directive on compensation for workplace-acquired COVID-19](https://werksmans.com/directive-on-compensation-for-workplace-acquired-covid-19/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 23 July 2020 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, published a directive on compensation for workplace-acquired Covid-19 ("Directive"). The Directive is published in terms of the regulations issued by the Minister of Cooperative Governance and Traditional
- [It takes Three to Tango - Causation in South African Insurance Law vis-à-vis COVID-19, Business Interruption, and lockdowns](https://werksmans.com/it-takes-three-to-tango-causation-in-south-african-insurance-law-vis-a-vis-covid-19-business-interruption-and-lockdowns/) - by Damian de Klerk, AssociateReviewed by Sarah Moerane, Director and Dave Walker, Director Revisiting causation in South African insurance law in light of the national lockdown occasioned by the COVID-19 pandemic, and the effect on business interruption (BI) insurance. “Common sense is the final arbiter in determining what is the proximate cause of a loss.
- [URGENT update: Level 3 regulations for tourism sector](https://werksmans.com/urgent-update-level-3-regulations-for-tourism-sector/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 30 July 2020, the Department of Tourism ("Department") published a statement by Minister Mmamoloko Kubayi-Ngubane ("Minister"). The statement records that Cabinet has approved the easing of certain restrictions in the tourism industry under the Lockdown Level 3. They are summarised
- [Updated Directive in respect of access to the Commission for Conciliation, Mediation and Arbitration ("CCMA") during the COVID-19 pandemic](https://werksmans.com/updated-directive-in-respect-of-access-to-the-commission-for-conciliation-mediation-and-arbitration-ccma-during-the-covid-19-pandemic/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 30 July 2020 the CCMA published a new Directive on how and under what conditions matters enrolled in the CCMA will be dealt with. The Directive must be read together with the Rules for the Conduct of Proceedings before
- [URGENT update: Amendments to regulations for lockdown level 3](https://werksmans.com/urgent-update-amendments-to-regulations-for-lockdown-level-3/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 31 July 2020 the Minister of Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini Zuma, published amendments to the Regulations ("Amendments") in the Government Gazette which were effective from 31 July 2020. The Amendments provide, among others, as follows. Restaurants
- [South African Airways in Business Rescue – No retrenchments until the business rescue plan requires it](https://werksmans.com/south-african-airways-in-business-rescue-no-retrenchments-until-the-business-rescue-plan-requires-it/) - by Bradley Workman-Davies, Director and Neo Sewela, Candidate Attorney On 9 July 2020, the Labour Appeal Court ("Labour Appeal Court") handed down the much anticipated judgment relating to the embattled South African Airways, and the dispute between the business rescue practitioners of the national carrier and the unions about when an entity in business rescue
- [Constitutional Court weakens a key defence for respondents in historical competition cases](https://werksmans.com/constitutional-court-weakens-a-key-defence-for-respondents-in-historical-competition-cases/) - by Pieter Steyn, Director The recent decision by the Constitutional Court in the case involving the Competition Commission and Pickfords Removals has significant implications for respondents in historical competition cases, namely cases where the anti-competitive conduct ceased more than three years before the Commission initiated a complaint. Section 67 (1) of the Competition Act previously
- [When can losses on shareholders' loans be claimed as a tax deduction](https://werksmans.com/when-can-losses-on-shareholders-loans-be-claimed-as-a-tax-deduction/) - by Ernest Mazansky, Head of Tax Practice Introduction It is an inevitable consequence when operating in a distress economy, such as we find ourselves in South Africa these days, that shareholders will find themselves disposing of companies for less than they paid for them, whether the companies were formed or purchased by those shareholders. Moreover,
- [Tourism Sector Recovery Plan](https://werksmans.com/tourism-sector-recovery-plan/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 1 August 2020 the Department of Tourism published a draft Tourism Sector Recovery Plan ("Plan") in response to the COVID-19 pandemic. The draft Plan has been published for public comment. Comments must be submitted by no later than 15
- [Conduct standard for banks](https://werksmans.com/conduct-standard-for-banks/) - by Tracy-Lee Janse van Rensburg, Director Pursuant to the Financial Sector Regulation Act, 2018 ("FSRA"), the Financial Sector Conduct Authority ("FSCA") was mandated to regulate and supervise the conduct of banks in relation to the provision of financial products and services. In fulfilling this mandate, the FSCA published the Conduct Standard for Banks on 3 July 2020 (the
- [Constitutional Court clarifies when a contract and its enforcement will be invalid for being contrary to public policy](https://werksmans.com/constitutional-court-clarifies-when-a-contract-and-its-enforcement-will-be-invalid-for-being-contrary-to-public-policy/) - by Pieter Steyn, Director In a recent judgement involving Beadica 231 CC and others and the Oregon Trust, Sale’s Hire CC and the National Empowerment Fund, the Constitutional Court resolved the uncertainty resulting from its 2014 decision in the Botha v Rich case and settled the law as to when a contract (or its enforcement)
- [BOOKING.COM and public perception](https://werksmans.com/booking-com-and-public-perception/) - by Donvay Wegierski, Director The United States Supreme Court of Appeal has held that the US trade mark applications pending for booking.com are not generic and therefore protectable as trade marks. The SCA accepted the survey evidence submitted that the public perceives the mark as a brand name for a travel reservation booking service and
- [Collection costs under the National Credit Act, 2005](https://werksmans.com/collection-costs-under-the-national-credit-act-2005/) - by Tracy-Lee Janse van Rensburg, Director and Juliet Siwela, Candidate Attorney Collection costs In accordance with the judgment handed down by Hack, AJ, on 13 December 2019, in the matter between The University of Stellenbosch Law Clinic and Others vs The National Credit Regulator and Others, the court ruled in favour of the applicants and granted three declaratory
- [Employment Equity Amendment Bill 2020](https://werksmans.com/employment-equity-amendment-bill-2020/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 20 July 2020 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, ("Minister") announced that he intends to introduce the Employment Equity Amendment, 2020 Bill ("Bill") in the National Assembly. The Bill seeks to amend a number of clauses
- [Essential Services Committee Notice](https://werksmans.com/essential-services-committee-notice/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 10 July 2020 the Essential Services Committee ("ESC") published a notice in terms of section 71, read with section 70(2)(a), of the Labour Relations Act 66 of 1995 ("LRA") ("Notice"). In summary, the Notice provides as follows: Notice is
- [Whether employers are obliged to engage with unrepresentative trade unions before dismissing employees who embark on unprotected strike action](https://werksmans.com/whether-employers-are-obliged-to-engage-with-unrepresentative-trade-unions-before-dismissing-employees-who-embark-on-unprotected-strike-action/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Whether an employer is required to engage with a trade union, who has no organisational rights / is insufficiently representative, before taking a decision to dismiss employees for engaging in unprotected strike action. Summary The duty of an employer
- [Unprotected strike action: An 'essential service' in terms of the National Disaster Management Act 57 of 2002 ("NDMA") is not automatically regarded an essential service terms of the Labour Relations Act 66 of 1995 ("LRA")](https://werksmans.com/unprotected-strike-action-an-essential-service-in-terms-of-the-national-disaster-management-act-57-of-2002-ndma-is-not-automatically-regarded-an-essential-service-terms-of-the-labour-relations/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Whether an essential service in terms of the NDMA is deemed an essential service for the purposes of the LRA, thus barring employees from engaging in protected strike action. Summary The categorisation of a sector as an essential service
- [Urgent update: COVID-19 Temporary Employer / Employee Relief Scheme ("TERS")](https://werksmans.com/urgent-update-covid-19-temporary-employer-employee-relief-scheme-ters-2/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 13 August 2020 the Minister of Employment and Labour, Thembelani Waltermade Nxesi ("Minister") published the Direction extending the COVID-19 TERS benefits for certain categories of employees ("Direction"). The Direction is deemed to have commenced on 27 June 2020. The
- [Urgent update: COVID-19 Temporary Employer / Employee Relief Scheme ("TERS") benefit clarification](https://werksmans.com/urgent-update-covid-19-temporary-employer-employee-relief-scheme-ters-benefit-clarification/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 13 August 2020 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, ("Minister") published the COVID-19 TERS Direction ("Direction"). The Direction will be deemed to have commenced on 27 June 2020 and will apply until 15 August 2020. Please
- [Force majeure in an ongoing COVID-19 environment  from a construction perspective](https://werksmans.com/force-majeure-in-an-ongoing-covid-19-environment-from-a-construction-perspective/) - By Jennifer Smit, Director and Tsele Moloi, Senior Associate In parts of the world, cases of COVID-19 are declining, whilst others are seeing their first spikes. Commonly, a number are experiencing a resurgence or second wave. Seven months after it was first announced as a pandemic, the WHO Emergency Committee "unanimously agreed that the outbreak
- [Update: COVID-19 Temporary Employer / Employee Relief Scheme ("TERS") July / August applications](https://werksmans.com/update-covid-19-temporary-employer-employee-relief-scheme-ters-july-august-applications/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The July and August applications for Covid-19 TERS are now open for online submission. Applications may be made at: https://uifecc.labour.gov.za/covid19/. For an update on who qualifies for TERS benefits please see: https://werksmans.com/legal-updates-and-opinions/urgent-update-covid-19-temporary-employer-employee-relief-scheme-ters-benefit-clarification/.
- [Update: Resumption of Temporary `Employer / Employee Relief Scheme ("TERS") payments](https://werksmans.com/update-resumption-of-temporary-employer-employee-relief-scheme-ters-payments/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 26 August 2020 the Department of Employment and Labour published a statement announcing the resumption of the payment of TERS benefits after there had been a 24 hour suspension thereof. The suspension was reportedly necessary to "address some control
- [Excessive pricing in State procurement of PPE](https://werksmans.com/excessive-pricing-in-state-procurement-of-ppe/) - by Petra Krusche, Director and Rethabile Sebotsa, Candidate Attorney The COVID-19 national state of disaster declared in terms of the Disaster Management Act No. 57 of 2002 has increased the risks for firms charging excessive prices for their goods or services. Such behavior is termed "price gouging" and is common worldwide in times of crisis. The
- [What now? POPI is at your front door.](https://werksmans.com/what-now-popi-is-at-your-front-door/) - by Ahmore Burger-Smidt, Director and Head of the Data Privacy Practice Questions in relation to POPI compliance are indeed ample. Various companies wish to understand what to do immediately and how do they achieve POPI compliance. What are the easy steps and processes to undertake? All this can easily mean that companies are lulled into
- [The Crossroads, When Giants Intersect Competition and Data Protection Law](https://werksmans.com/the-crossroads-when-giants-intersect-competition-and-data-protection-law/) - by Ahmore Burger-Smidt, Director and Head of Data Protection and Privacy Practice; and Dale Adams, Candidate Attorney "…it's not always turnover that makes a company an attractive merger partner. Sometimes, what matters are its assets. That could be a customer base or even a set of data."[1] Data protection and competition law both influence the
- [Data breaches in South Africa post POPI…Any lessons to be learned?](https://werksmans.com/data-breaches-in-south-africa-post-popiany-lessons-to-be-learned/) - by Ahmore Burger-Smidt, Director and Head of the Data Privacy Practice; and Dale Adams, Candidate Attorney 1. During mid-August 2020, social media, news reports and other online platforms was awash with news that approximately 23.4 million South Africans' personal information was compromised. The data breach was announced by Experian South Africa ("Experian") on 19 August
- [SARS to get a new stick](https://werksmans.com/sars-to-get-a-new-stick/) - by Kyle Fyfe, Senior Associatereviewed by Ernest Mazansky, Head of Tax Practice Section 34 of the draft Tax Administration Laws Amendment Bill, 2020 proposes to amend section 234 of the Tax Administration Act, 2011 (TA Act), to remove the willfulness (i.e. intention) from the range of acts that constitute an offence under the TA Act,
- [The deductibility of BBBEE expenditure – Binding Class Ruling 72](https://werksmans.com/the-deductibility-of-bbbee-expenditure-binding-class-ruling-72/) - by Kyle Fyfe, Senior Associatereviewed by Ernest Mazansky, Head of Tax Practice SARS has recently issued Binding Class Ruling 72 ("BCR 72"), in which it ruled on the tax deductibility of contributions by a group of employer companies to fund an employees’ ownership trust to enable the trust to participate as a part shareholder of
- [The effect of divorce and remarriage on a Will: SA and UK perspective](https://werksmans.com/the-effect-of-divorce-and-remarriage-on-a-will-sa-and-uk-perspective/) - by Rachel Winterbach, Candidate Attorney reviewed by Doelie Lessing, Director This article compares the legal position that applies in the UK when a testator executed a will prior to a divorce and a subsequent remarriage, to the South African situation. The impact of divorce on a will In South Africa the formalities and administration of
- [Additional obligations for designated employers under The Employment Equity Act](https://werksmans.com/additional-obligations-for-designated-employers-under-the-employment-equity-act/) - by Bradley Workman-Davies, Director A recent bill submitted to Parliament for consideration would seek to impose potentially stringent new quotas for numerical targets for the employment of persons from designated groups. The current formulation of the Employment Equity Act already provides for Affirmative Action measures to be introduced by designated employers. These affirmative action measures
- [Guidance on outsourcing of compliance activities to third parties](https://werksmans.com/guidance-on-outsourcing-of-compliance-activities-to-third-parties/) - by Tracy-Lee Janse van Rensburg, Director and Juliet Siwela, Candidate Attorney On 21 July 2020, the Financial Intelligence Centre ("FIC") published the draft public compliance communication, communication number 12A ("PCC12A") for comment by members of the public. The submission date for comments was 11 August 2020. As has historically been the position, any guidance provided by the FIC is authoritative
- [Proposed amendments to The Financial Intelligence Centre Act, 2001](https://werksmans.com/proposed-amendments-to-the-financial-intelligence-centre-act-2001/) - by Tracy-Lee Janse van Rensburg, Director On 19 June 2020[1], the Minister of Finance published proposed amendments to Schedules 1, 2 and 3 to the Financial Intelligence Centre Act, 38 of 2001, as amended ("FICA"). Members of the public were invited to comment on the proposed amendments for a period of 60 days from the date of publication of the notice. The proposed
- [Understatement penalties: what is a bona fide inadvertent error?](https://werksmans.com/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 would be levied against taxpayers for an understatement, usually ranging from 10% - 150%. In terms of section 221 of the TAA, an “understatement” means any prejudice to SARS
- [Working from home but are you really at work?](https://werksmans.com/working-from-home-but-are-you-really-at-work/) - by Sandile July, Director and Nyiko Mathebula, Candidate Attorney COVID-19 has revolutionised the workplace in terms of health and safety standards. Never before have employers had to manage their workplaces as delicately as under the current situation, which has forced most of the world to work remotely where possible. South Africa is no different and
- [Collision on the Section 197 Highway](https://werksmans.com/collision-on-the-section-197-highway/) - Road Traffic Management Corporation v Tasima (Pty) Limited; Tasima (Pty) Limited v Road Traffic Management Corporation [2020] ZACC 21. by Sandile July, Director; Sandile Tom, Director; Lisa Appelgryn, Senior Associate; and Nyiko Mathebula, Candidate Attorney The Constitutional Court had the occasion to once again interpret and apply section 197 of the Labour Relations Act No.66
- [Draft Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the World of Work](https://werksmans.com/draft-code-of-good-practice-on-the-prevention-and-elimination-of-violence-and-harassment-in-the-world-of-work/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 20 August 2020 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, published the Draft Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the World of Work ("Draft Code") in terms of the
- [Automatically unfair dismissals: An employer may dismiss an employee for lodging a false grievance](https://werksmans.com/automatically-unfair-dismissals-an-employer-may-dismiss-an-employee-for-lodging-a-false-grievance/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Is the lodging of a grievance the exercise of a right under the LRA? Can an employer dismiss an employee for lodging a baseless grievance against another employee without it being regarded as an automatically unfair dismissal? Summary An
- [Unilateral change to employee's retirement age may constitute an automatically unfair dismissal in terms of The Labour Relations Act and unfair discrimination in terms of The Employment Equity Act](https://werksmans.com/unilateral-change-to-employees-retirement-age-may-constitute-an-automatically-unfair-dismissal-in-terms-of-the-labour-relations-act-and-unfair-discrimination-in-terms-of-the-employment-equity-act/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Whether an employer may unilaterally change an employee's retirement age and, if it does, whether doing so would amount to an automatically unfair dismissal and result in unfair discrimination. Summary An employer cannot unilaterally change an employee's retirement age.
- [Update: COVID-19 Temporary Employer / Employee Relief Scheme ("TERS") Extension](https://werksmans.com/update-covid-19-temporary-employer-employee-relief-scheme-ters-extension/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 7 September 2020 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, ("Minister") published a COVID-19 TERS Direction ("Direction"). The Direction extends the COVID-19 TERS benefit. The Direction is deemed to have commenced on 16 August 2020. The Direction
- [The LAC rules on the TES deeming provision](https://werksmans.com/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 2017, the Labour Appeal Court (LAC) finally resolved the interpretation of s 198A(3)(b) of the Labour Relations Act 66 of 1995 (LRA), which is known as the “deeming provision”.
- [Update: COVID-19 Temporary Employer / Employee Relief Scheme ("TERS") system maintenance and payment delay](https://werksmans.com/update-covid-19-temporary-employer-employee-relief-scheme-ters-system-maintenance-and-payment-delay/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The Unemployment Insurance Fund ("UIF") published a notice on the UIF Covid-19 TERS online portal ("notice"). The notice provides the following: The Covid-TERS system will undergo scheduled network maintenance from 11 September at 18:00 until 13 September at 20:00 and
- [Urgent update: COVID-19 Temporary Employer / Employee Relief Scheme ("TERS") deadlines and delay in payments](https://werksmans.com/urgent-update-covid-19-temporary-employer-employee-relief-scheme-ters-deadlines-and-delay-in-payments/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 15 September 2020 the Department of Employment and Labour published a statement regarding the new deadlines for TERS applications and the delay in payments ("statement"). According to the statement, deadlines for the TERS applications have been extended. No applications
- [The validity of automatic termination clauses in contracts of employment](https://werksmans.com/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 conditional on a positive outcome of a vetting process. SUMMARY COURT'S DECISION In the case of Nogcantsi v Mnquma Local Municipality and others (2017) 26 LAC
- [And now for something completely different (or not?)](https://werksmans.com/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 proclamation by the president of the Republic of South Africa. The coming into force of the Amendment Act is significant in so far as it shifts and fundamentally changes
- [Director, Nastascha Harduth, becomes the first female fellow of INSOL international in SA](https://werksmans.com/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 Africans seeing more informal restructuring and insolvency proceedings than ever before. As a director within Werksmans Attorneys' Insolvency, Business Rescue & Restructuring Practice Group, Nastascha Harduth has been involved
- [Holding onto land: the regulation of Agricultural Land Holdings Bill](https://werksmans.com/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 of land would be published for comment and tabled before Parliament. The draft Bill at that stage sought to limit the ownership of land to 12 000 hectares for
- [The binding nature of collective agreements on minority unions](https://werksmans.com/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 engaging in strike action. Whether a certificate of outcome, issued by the Commission for Conciliation, Mediation and Arbitration ("CCMA"), is determinative of whether the issue in dispute is or
- [Minister issues new Code of Good Practice on the preparations and implementation of the Employment Equity plan](https://werksmans.com/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 of Labour has replaced the Code of Good Practice on the Preparation and Implementation of the Employment Equity Plan with a new code ("Code"). All 'designated employers', as so-defined
- [10 things you should know about the Competition Commission's strategy document – Competition in the Digital Economy](https://werksmans.com/10-things-you-should-know-about-the-competition-commissions-strategy-document-competition-in-the-digital-economy/) - by Dominique Arteiro, Director During the second week of September 2020, the Competition Commission of South Africa ("Commission") published its strategy document entitled "Competition in the Digital Economy". This 68 page strategy document looks at the digital economy, the move to which has arguably been accelerated by COVID-19. In particular, the Commission's strategy document looks
- [Tackling B-BBEE issues in business](https://werksmans.com/tackling-b-bbee-issues-in-business-2/) - Webinar With more than 20 years into a new democratic era, Broad-Based Black Economic Empowerment (B-BBEE) has become a key part of government policy and doing business in South Africa. However, legislation presents business with certain challenges. Pieter Steyn, head of our B-BBEE practice discusses the key issues affecting business in South Africa arising from
- [Urgent update: COVID-19 Temporary Employer / Employee Relief Scheme ("TERS") August / September 2020 applications](https://werksmans.com/urgent-update-covid-19-temporary-employer-employee-relief-scheme-ters-august-september-2020-applications/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The TERS applications for the period 16 August to 15 September 2020 are now open. Applications may be made on the online portal at: https://uifecc.labour.gov.za/covid19/. On 30 September 2020 the Department of Employment and Labour ("Department") published a statement on
- [Unfair discrimination on "any other arbitrary ground"](https://werksmans.com/unfair-discrimination-on-any-other-arbitrary-ground/) - by Chelsea Roux, Candidate Attorney Reviewed by Jacques van Wyk, Director The Employment Equity Act[1] ("EEA") aims to recognise and address the disparities in employment, occupation and income within the national labour market. Section 6(1) of the EEA prohibits unfair discrimination based directly or indirectly on race, gender, sex, pregnancy, marital status, family responsibility, ethnic
- [Proposed tax changes to facilitate the relaxation of exchange control require refinement](https://werksmans.com/proposed-tax-changes-to-facilitate-the-relaxation-of-exchange-control-require-refinement/) - by Ryan Killoran, Director In the Budget Speech which was delivered on 25 February this year it was announced that the exchange control system would be restructured towards what was called a new capital flow management framework. The premise on which the framework is based is a system of "positive bias" where all cross border
- [Freezing of clients' account prohibited in certain circumstances](https://werksmans.com/freezing-of-clients-account-prohibited-in-certain-circumstances/) - by Tracy-Lee Janse van Rensburg, Director and Juliet Siwela, Candidate Attorney The Financial Intelligence Centre Act, 38 of 2001 ("FIC Act"), places an obligation on accountable institutions to identify clients, to keep record of transactions, to report various transactions and to take measures to promote compliance with the provisions of the FIC Act. In the recent matter
- [Another giant trade mark defeat in China – and this time it is FACEBOOK](https://werksmans.com/another-giant-trade-mark-defeat-in-china-and-this-time-it-is-facebook/) - by Donvay Wegierski, Director After a fourteen-year trade mark battle between Zuckerberg, the CEO of Facebook, and an individual Dr.Su, Chinese trade mark registration numbers 14108731 "FACEBOOK脸谱" and 6389503 "FACEBOOK" both belonging to Facebook have been invalidated and therefore removed from the Chinese trade mark register. Understandably, decisions such as these are unsettling and although the
- [Constitutional Court to finally give clarity on hate speech](https://werksmans.com/constitutional-court-to-finally-give-clarity-on-hate-speech/) - by Harold Jacobs, Director and Dakalo Singo, Director On 22 September 2020, the Constitutional Court heard arguments in the case of Jonathan Dubula Qwelane v South African Human Rights Commission & Another, the outcome of which is expected to redefine the landscape of hate speech complaints in South Africa. Following the publication of a newspaper
- [IFLR1000 Rankings](https://werksmans.com/iflr1000-rankings/) - IFLR1000 has released its latest rankings which reflects our market standing within the financial and corporate practice areas. This is a sector-specific guide which covers the Sub-Saharan African legal market and bases its annual rankings on both client and peer feedback as well as on analysis of our transactional highlights. The firm was ranked as follows:• Banking
- [Proposed Amendments to the Domestic Violence Act](https://werksmans.com/proposed-amendments-to-the-domestic-violence-act/) - by Dakalo Singo, Director Domestic violence – and gender-based violence in particular – is arguably the most significant societal plague of modern South Africa. To highlight the nature and effect of domestic violence on society, the Constitutional Court has stated that: "All crime has harsh effects on society. What distinguishes domestic violence is its hidden,
- [Potential Emigrants, Beware](https://werksmans.com/potential-emigrants-beware/) - By Anuschka Wischnewski, Associate Reviewed by Ernest Mazansky, Head of Tax Practice Currently, the Income Tax Act, 1962 (the Act) allows for the payment of a lump sum benefit to a member of pension, pension preservation, provident, provident preservation or retirement annuity funds (as defined in section 1 of the Act), when such member withdraws
- [The Deposit Insurance Funding model and the implications for banks](https://werksmans.com/the-deposit-insurance-funding-model-and-the-implications-for-banks/) - by Tracy-Lee Janse van Rensburg, Director and Juliet Siwela, Candidate Attorney The South African Reserve Bank ("SARB") recently published a discussion document "The deposit insurance funding model and the implications for banks" (the "Discussion Paper") for purposes of public comment, the closing date of which was 16 October 2020. The Discussion Paper is rather noteworthy in that
- [Werksmans Tax Brief](https://werksmans.com/werksmans-tax-brief-2/) - by Ernest Mazansky, Head of Tax Practice, Werksmans Attorneys 2020 Tax Amendments Introduction On 28 October 2020, when the Minister of Finance presented his Medium Term Budget Policy Statement to Parliament, he also tabled the Rates and Monetary Amounts and Amendment of Revenue Laws Bill, 2020, the Tax Administration Laws Amendment Bill, 2020, and the
- [Urgent update: October 2020 extension of the COVID-19 Temporary Employer / Employee Relief Scheme](https://werksmans.com/urgent-update-october-2020-extension-of-the-covid-19-temporary-employer-employee-relief-scheme/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 17 November 2020 the Department of Employment and Labour ("Department") published a statement on the timing of TERS applications ("Statement"). The Statement follows the announcement of the extension of TERS made by President Cyril Ramaphosa on 11 November 2020.
- [Urgent update: COVID-19 Temporary Employer / Employee Relief Scheme ("TERS") Update](https://werksmans.com/urgent-update-covid-19-temporary-employer-employee-relief-scheme-ters-update/) - TERS claims ("Note") Resubmissions required On 28 November 2020 the Department of Employment and Labour ("Department") and the Unemployment Insurance Fund ("UIF") published a note regarding TERS claims ("Note") for the period 16 September 2020 to 15 October 2020 ("Period"). In terms of the Note, TERS applications submitted for the Period which did not meet
- [Business rescue for external companies? It's all in the definition](https://werksmans.com/business-rescue-for-external-companies-its-all-in-the-definition/) - by Eric Levenstein, Director and Head of Insolvency, Business Rescue & Restructuring Practice; and Malachizodok Mpolokeng, Candidate Attorney Looking back at 2020, it has truly been a year like no other. Indeed, the occurrence of a worldwide pandemic would have been unimaginable only a year ago. It is without a doubt that the cost of
- [Broad-Based Black Economic Empowerment ("BBBEE") pre-qualification criteria for state tenders declared invalid](https://werksmans.com/broad-based-black-economic-empowerment-bbbee-pre-qualification-criteria-for-state-tenders-declared-invalid/) - by Pieter Steyn, Director and Head of Broad-Based Black Economic Empowerment (B-BBEE) Practice The Supreme Court of Appeal ("SCA") has declared that the Preferential Procurement Regulations ("Regulations") issued by the Minister of Finance in 2017 are invalid. The Regulations were issued in terms of the Preferential Procurement Policy Framework Act ("PPPFA") and allowed governmental, parastatal
- [Science fact – the Internet of Things](https://werksmans.com/science-fact-the-internet-of-things/) - by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and Member of the Competition Practice; and Dimakatso Khumalo, Candidate Attorney 'It's not science fiction anymore. It's science fact'. Boo-Keun Yoon-President and CEO of Samsung Electronics, 2015 Privacy legislation Privacy legislation will inevitably impact everything we do. The question is how will it protect data
- [Who is looking at what – Digitization, CCTV surveillance and privacy](https://werksmans.com/who-is-looking-at-what-digitization-cctv-surveillance-and-privacy/) - by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of the Competition Law Practice "Look you, sir,Inquire me first what Danskers are in Paris,And how, and who, what means, and where they keep,What company, at what expense; and findingBy this encompassment and drift of questionThat they do know my son, come you
- [Data, a commodity of trade in the new world order? Or not…](https://werksmans.com/data-a-commodity-of-trade-in-the-new-world-order-or-not/) - By Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of the Competition Law Practice; and Dale Adams, Candidate Legal Practitioner and Associate Introduction In recent years, data privacy has been the subject of attention in competition discussions, particularly in mergers involving data driven industries. There has been an emerging suggestion that competition
- [The beginning of the end…? Google's epic antitrust battle begins](https://werksmans.com/the-beginning-of-the-end-googles-epic-antitrust-battle-begins/) - by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and Member of the Competition Practice; and Dale Adams, Candidate Legal Practitioner and Associate Introduction 1. On Tuesday, 20 October 2020, Google parent company, Alphabet, ("Google") was officially served with an antitrust complaint by the Department of Justice ("DOJ") with a coalition of eleven (11)
- [Considerations for the digital economy – Insight from UNCTAD](https://werksmans.com/considerations-for-the-digital-economy-insight-from-unctad/) - by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of the Competition Law Practice; and Tayli Hanan, Candidate Attorney The United Nations Conference on Trade and Development ("UNCTAD"), during 2019, considered in detail the implication of the digital economy with regard to developing countries and specifically the ability of the digital economy
- [Big data, big competition law issues – emerging competition enforcement in the fourth industrial revolution: big data, algorithms and abuse of dominance](https://werksmans.com/big-data-big-competition-law-issues-emerging-competition-enforcement-in-the-fourth-industrial-revolution-big-data-algorithms-and-abuse-of-dominance/) - by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of the Competition Law Practice Introduction 1. Digitalization enables companies to systematically collect, analyse and draw conclusions from data almost in real time. Many companies achieve large profits with business models which are based on the collection and commercial use of (often personal)
- [2020 has put the South African business rescue procedure on steroids](https://werksmans.com/2020-has-put-the-south-african-business-rescue-procedure-on-steroids/) - by Eric Levenstein, Director and Head of Insolvency, Business Rescue & Restructuring Practice The onset of the Covid-19 pandemic in 2020 created a new playing field for the restructuring and business rescue of financially distressed companies.South Africa has seen major companies such as SAA, SA Express, Comair, Edcon, Phumelela, Busby, and others, having no choice
- [Supervening impossibility and lease agreement buildings](https://werksmans.com/supervening-impossibility-and-lease-agreement-buildings/) - by Harold Jacobs, Director and Samukelisiwe Dube, Candidate Attorney What are the respective rights of the parties to a lease agreement at the expiration of the lease term when the lessee does not return the immovable property to the lessor and raises the defence of impossibility due its sub-lessee holding over. Is it competent to
- [Counselling employees who perform below expectation for a fair dismissal](https://werksmans.com/counselling-employees-who-perform-below-expectation-for-a-fair-dismissal/) - by Bradley Workman-Davies, Director Employee underperformance is a valid ground for dismissal in SA labour law, but as always, the process which is followed by an employer to ensure that the dismissal is fair, is all important. Not only can an employee who is dismissed for incapacity (due to the employee's poor work performance) challenge
- [COVID-19 Temporary Employer / Employee Relief Scheme ("TERS") audit pack](https://werksmans.com/covid-19-temporary-employer-employee-relief-scheme-ters-audit-pack/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 27 November 2020 the Department of Employment and Labour ("Department") and the Unemployment Insurance Fund ("UIF") announced that there would be "post-verification exercises" (i.e. audits) conducted on employers who received the TERS benefit on behalf of their employees. These
- [Automotive aftermarket shake-up – The Competition Commission's final Automotive Aftermarket Guidelines](https://werksmans.com/automotive-aftermarket-shake-up-the-competition-commissions-final-automotive-aftermarket-guidelines/) - by Dominique Arteiro, Director: Competition Practice "These Guidelines are aimed at removing restrictions imposed by OEMs on car owners on the service providers for service and maintenance as well as replacement parts for their motor vehicles in accordance with international best practices. It will unleash entry and participation in the lucrative aftersales value chain by
- [Banking on a resignation with immediate effect? Don't count on it!](https://werksmans.com/banking-on-a-resignation-with-immediate-effect-dont-count-on-it/) - by Sandile July, Director and Lisa Appelgryn, Senior Associate: Labour & Employment Practice The Labour Appeal Court ("LAC") in the matter of Standard Bank of South Africa Ltd v Nombulelo Chiloane (case no. JA85/18) has clarified the issue of the effect of a resignation with immediate effect in the midst of a pending disciplinary hearing.The
- [LRA Section 189A (13) applications: is the court guardian or nanny?](https://werksmans.com/lra-section-189a-13-applications-is-the-court-guardian-or-nanny/) - by Lloyd Abraham, Director The Broadcasting Electronic Media and Allied Workers' Union (BEMAWU) recently launched an urgent application in the Labour Court interdicting the South African Broadcasting Corporation (SOC) Ltd (SABC) from proceeding with retrenchment processes and forcing the SABC to adhere to fair consultation processes [BEMAWU & Others v SABC & Others, in the
- [WhatsApp, a misconceived menace to society?](https://werksmans.com/whatsapp-a-misconceived-menace-to-society/) - by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Dale Adams, Candidate Legal Practitioner and Associate Introduction "By tapping Agree, you accept the new terms and privacy policy, which takes effect on February 8, 2021. After this date, you'll need to accept these updates to continue using
- [Covid-19 Beach Closures](https://werksmans.com/covid-19-beach-closures/) - by Shayne Krige, Director and Co-Head of Investment Funds & Private Equity Practice We have been inundated with queries from private individuals, professional and recreational sportsmen and women as well as sporting bodies regarding the impact of the Adjusted Level 3 Regulations (the "Regulations") on activities in and around the beach. A private letter from
- [Crypto assets - a new financial product?](https://werksmans.com/crypto-assets-a-new-financial-product/) - By Natalie Scott, Director; and Kyra South, Associate On 20 November 2020, the Financial Sector Conduct Authority ("FSCA") published a draft Declaration ("Draft Declaration") and a statement in support thereof which sets out its proposal to bring crypto assets within the ambit of the definition of "financial product" in Section 1 of the Financial Advisory and Intermediary Services
- [Fixed term faux pas – how not to employ someone for a limited period of time](https://werksmans.com/fixed-term-faux-pas-how-not-to-employ-someone-for-a-limited-period-of-time/) - By Bradley Workman-Davies, Director Fixed term contracts of employment are allowable and acceptable in South African employment law, and are used on a frequent basis where there is a justifiable usage. The Labour Relations Act, 66 of 1995 (LRA) even specifies when there will be a prima facie reasonable usage of a fixed term contract,
- [Reduced work time and illness benefit](https://werksmans.com/reduced-work-time-and-illness-benefit/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The Department of Employment and Labour ("Department") has published an Easy-Aid Guide ("Guide") on the Department's website. The Guide deals with the reduced work time and illness benefit provided by the Unemployment Insurance Fund ("UIF"). The Covid-19 Temporary Employer /
- [Exchange control relaxation: removal of loop](https://werksmans.com/exchange-control-relaxation-removal-of-loop/) - By Ernest Mazansky, Head of Tax Practice, Werksmans Attorneys On 4 January 2021 the Financial Surveillance Department of the South African Reserve Bank (FinSurv) issued a circular on the removal of the so-called "loop" prohibitions contained in the Currency and Exchanges Manual for Authorised Dealers (the Manual), wherein are set out the approved practices as
- [No enquiry before being dismissed - no problem](https://werksmans.com/no-enquiry-before-being-dismissed-no-problem/) - By Bradley Workman-Davies, DirectorLabour relations and the fairness standards for dismissal of an employee in South Africa have long been centred around the formality of disciplinary or incapacity enquiry processes, and the tradition of the usage of these processes has built up an expectation that they are mandatory. However, not only is this not the
- [Obligation of liquidators to pay rates, taxes and utilities in order to give effect to the transfer of immovable property](https://werksmans.com/obligation-of-liquidators-to-pay-rates-taxes-and-utilities-in-order-to-give-effect-to-the-transfer-of-immovable-property/) - by Vivienne Hosiosky, Director and Khathu Neluheni, Senior Associate The COVID‑19 pandemic has had a devastating effect on the South African economy not least of all, the residential, commercial and industrial property markets. Property owning companies and individuals are falling victim to loss of income and there has been an upsurge in liquidations and insolvencies
- [Hopes rise upcoming publication will recognise rural sensitivities in commercial developments](https://werksmans.com/hopes-rise-upcoming-publication-will-recognise-rural-sensitivities-in-commercial-developments/) - By Bulelwa Mabasa, Director and Head of Land Reform Restitution & Tenure Practice; and Khwezi Mabasa, Senior Researcher: Political Economy at Mapungubwe Institute for Strategic Reflection (MISTRA) The discord between communities, traditional government authorities and large corporations is most evident in ongoing legal and political land disputes - particularly in the former homelands. These conflicts
- [The FSCA issues warning on investing in crypto assets](https://werksmans.com/the-fsca-issues-warning-on-investing-in-crypto-assets/) - by Natalie Scott, Director; and Kyra South, Associate In the wake of the recent Mirror Trading International Proprietary Limited debacle, the Financial Sector Conduct Authority ("FSCA") has again cautioned investors against investing in crypto assets, which are currently not regulated by the FSCA. In a press release issued by the FSCA on 4 February 2021, investors were
- [Adjustment of the minimum wages in terms of the National Minimum Wage Act](https://werksmans.com/adjustment-of-the-minimum-wages-in-terms-of-the-national-minimum-wage-act/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 8 February 2021 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, also published a Government Gazette[1] providing for the amendment of the national minimum wages, as set out in Schedule 1 and Schedule 2 of the National Minimum
- [Increase to BCEA earnings threshold](https://werksmans.com/increase-to-bcea-earnings-threshold/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 8 February 2021 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, published a Government Gazette[1] providing for the increase of the earnings threshold, as provided for in the Basic Conditions of Employment Act 75 of 1997 ("BCEA"). The
- [(Un)lawfulness in Labour Disputes: The Door is Tightly Closed](https://werksmans.com/unlawfulness-in-labour-disputes-the-door-is-tightly-closed/) - by Sandile July, Director and Nyiko Mathebula, Candidate Attorney The recent Labour Court judgment in Botes v City of Joburg Property Company SOC Ltd and Another [2021] 2 BLLR 181 (LC) put it beyond doubt that issues which fall under section 23 of the Constitution, the right to fair labour practices, are governed by the
- [Determining "radius" as a measurement for geographical scope in restraint of trade agreements](https://werksmans.com/determining-radius-as-a-measurement-for-geographical-scope-in-restraint-of-trade-agreements/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue How the geographical scope in a restraint of trade should be determined when "radius" is used as the method of measurement of distance. Summary If an employee's restraint of trade agreement uses the term "radius" as the method of
- [Can an employer use replacement labour where a lockout has been instituted but the strike has been suspended](https://werksmans.com/can-an-employer-use-replacement-labour-where-a-lockout-has-been-instituted-but-the-strike-has-been-suspended/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Whether replacement labour may be used where an employer has instituted a lockout in response to a strike which has subsequently been suspended by the trade union and employees concerned. Summary The employees' suspension of a strike does
- [Bargaining council for the fast food, restaurant, catering and allied trades' ("council") main collective agreement extension to non parties](https://werksmans.com/bargaining-council-for-the-fast-food-restaurant-catering-and-allied-trades-council-main-collective-agreement-extension-to-non-parties/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 20 February 2020 the Council registered with the Department of Employment and Labour ("Department"). On 8 January 2021 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, published an extension in the Government Gazette extending the Council's main collective
- [MTI: An example of why crypto assets should be declared financial products](https://werksmans.com/mti-an-example-of-why-crypto-assets-should-be-declared-financial-products/) - by Natalie Scott, Director; and Kyra South, Associate On 7 July 2020, the Texas State Securities Board issued an emergency cease and desist order ("Order") against, inter alia, Mirror Trading International Proprietary Limited ("MTI") in terms of which, MTI was ordered to – "immediately cease and desist from offering for sale any security in Texas until
- [Update: extension of the COVID-19 Temporary Employer / Employee Relief Scheme](https://werksmans.com/update-extension-of-the-covid-19-temporary-employer-employee-relief-scheme/) - by Jacques van Wyk, Director and Andre van Heerden, Senior Associate On 18 February 2021 the Department of Employment and Labour issued a statement recording that progress is being made between the UIF and NEDLAC regarding the extension of the Covid-19 Temporary Employer / Employee Scheme ("TERS"). The social partners at NEDLAC have endorsed proposals
- [Information Regulator issues Guidelines for the development of Codes of Conduct effective 1 March 2021](https://werksmans.com/information-regulator-issues-guidelines-for-the-development-of-codes-of-conduct-effective-1-march-2021/) - by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Dimakatso Khumalo, Candidate Attorney On 22 February 2021, the South African Information Regulator ("Regulator") published Guidelines to develop Codes of Conduct ("Guidelines") under the Protection of Personal Information Act No. 4 of 2013 ("POPIA"). It is probable
- [Update: COVID-19 Temporary Employer / Employee Relief Scheme ("Ters") audit pack](https://werksmans.com/update-covid-19-temporary-employer-employee-relief-scheme-ters-audit-pack/) - by Jacques van Wyk, Director and Andre van Heerden, Senior Associate On 27 November 2020 the Department of Employment and Labour ("Department") and the Unemployment Insurance Fund ("UIF") announced that there would be "post-verification exercises" (i.e. audits) conducted on employers who received the TERS benefit on behalf of their employees. These audits were to be
- [Share Repurchases, Schemes of Arrangement and the Takeover Regulations](https://werksmans.com/share-repurchases-schemes-of-arrangement-and-the-takeover-regulations/) - Share Repurchases, Schemes of Arrangement and the Takeover Regulations by Brian Price, Director and Raquel Goncalves, Candidate Attorney Since the promulgation of the Companies Act No 71 of 2008 ("Companies Act") there has been a debate as to whether or not every repurchase by a company of more than 5% of its own shares constitutes a
- [2021/2022 Budget Proposals – Tax Overview](https://werksmans.com/2021-2022-budget-proposals-tax-overview/) - 2021/2022 Budget Proposals – Tax Overview By: The Werksmans Tax Team INTRODUCTION This was a Budget focused on big spending announcements and was heavily influenced by the need to shield citizens, businesses and the economy in general from the worst effects of the COVID-19 pandemic. This is evidenced by a R10 billion allocation for the
- [Uber drivers' long and bumpy ride to becoming workers](https://werksmans.com/uber-drivers-long-and-bumpy-ride-to-becoming-workers/) - by Sandile July, Director; Lloyd Abraham, Director; Sandile Tom, Director; and Lisa Appelgryn, Senior Associate 1. This article explores the potential ramifications the recent judgement by the United Kingdom Supreme Court in Uber BV and others (Appellants) v Aslam and others (Respondents), may have on how other jurisdictions regard platform work. 2. The United Kingdom
- [Achieving meaningful access to medicines: a patient-centric approach – the next healthcare debate](https://werksmans.com/achieving-meaningful-access-to-medicines-a-patient-centric-approach-the-next-healthcare-debate/) - Access to medicines Access to medicines may be a challenge for patients requiring access to innovative medicines where the costs of those medicines are either not covered entirely or only partially covered by an insurance product or medical scheme benefit. The situation is exacerbated, ironically, by the provisions of the Medicines & Related Substances Act[1]
- [Like clockwork – the inclusion of descriptive words in trade marks SWATCH Vs IWATCH](https://werksmans.com/like-clockwork-the-inclusion-of-descriptive-words-in-trade-marks-swatch-vs-iwatch/) - By Janine Hollesen, Director; and Dannielle Fiff, Candidate Attorney In the case of Swatch AG (Swatch SA) v Apple Inc. 2021JDR 0095 (SCA), the Supreme Court of Appeal ("SCA"), Swatch AG ("Swatch"), the owner of the SWATCH trade mark had opposed the registration of the IWATCH trade mark filed by Apple Inc. ("Apple"). The High
- [The European Union Trade Mark and the UK after Brexit](https://werksmans.com/the-european-union-trade-mark-and-the-uk-after-brexit/) - By Donvay Wegierski, Director On the 31 December 2020, the Brexit Transition period ended and the UK separated from the European Union. After Brexit, with the UK excluded, an European Union Trade Mark ("EUTM") covers twenty seven members of the European Union namely Austria, Belgium, Bulgaria, Croatia, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg,
- [The Side Hustle – The Dangers of not being legally compliant](https://werksmans.com/the-side-hustle-the-dangers-of-not-being-legally-compliant/) - by Dominique Arteiro, Director and Taryn Potter, Director Entrepreneurs and small and medium businesses (SME) have been heralded by many commentators as the panacea for job creation and for boosting the South African economy. However, entrepreneurs and SME businesses have to start somewhere, and they typically do as part-time start-up companies where the founders have
- [That's the way the cookie banner crumbles: draft EU ePrivacy regulation seeks to reform the cookies recipe](https://werksmans.com/thats-the-way-the-cookie-banner-crumbles-draft-eu-eprivacy-regulation-seeks-to-reform-the-cookies-recipe/) - by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Tristan Meyer, Candidate Attorney European data protection regulators kicked off the New Year with a fresh draft of ePrivacy regulations which appear to mix up the existing recipe in so far as consent to cookies is concerned. The
- [Minister Patel clarifies his views on employee share ownership programmes and  Broad Based Ownership Schemes but uncertainty continues](https://werksmans.com/minister-patel-clarifies-his-views-on-employee-share-ownership-programmes-and-broad-based-ownership-schemes-but-uncertainty-continues/) - by Pieter Steyn, Director and Head of Broad-Based Black Economic Empowerment (B-BBEE) Practice A new Broad Based Black Economic Empowerment ("BBBEE") initiative was announced by Coca Cola on 5 February 2021. The initiative involves an Employee Share Ownership Programme (''ESOP"). At the announcement, the Minister of Trade and Industry, Ebrahim Patel, clarified his views on
- [Duchess of Sussex, Privacy and POPIA](https://werksmans.com/duchess-of-sussex-privacy-and-popia/) - by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Nyiko Mathebula, Candidate Attorney The privacy of individuals is almost sacrosanct and where intrusions are threatened, such intruders need to make sure that they are within the prescripts of the law or risk the consequences of breach or
- [Shareholder "divorce" – is dissolution of the company a viable remedy?](https://werksmans.com/shareholder-divorce-is-dissolution-of-the-company-a-viable-remedy/) - by Rachel Winterbach, Candidate Attorney reviewed by Pierre le Roux, Director and Jarryd Mardon, Senior Associate It occurs in practice that relationships between shareholders in small private companies may breakdown over time when material differences arise between them. In these circumstances the question may arise as to whether a disgruntled shareholder could "divorce" itself
- [Business Rescue Practitioners – mind the trap!](https://werksmans.com/business-rescue-practitioners-mind-the-trap/) - by Roxanne Webster, Senior Associate and Siyabonga Galela, Candidate Attorney Reviewed by Eric Levenstein, Director and Lauren Becker, Director Introduction The payment and ranking of business rescue practitioners' ("BRPs") fees and disbursements has gained much attention, and has been the subject of much legal debate, over the last few years, particularly in instances where the
- [Urgent update: extension of COVID-19 Temporary Employer / Employee Relief Scheme ("Ters")](https://werksmans.com/urgent-update-extension-of-covid-19-temporary-employer-employee-relief-scheme-ters/) - Urgent update: extension of COVID-19 Temporary Employer / Employee Relief Scheme ("Ters") On 28 February 2021 President Cyril Ramaphosa announced that the Covid-19 Temporary Employer / Employee Relief Scheme ("TERS") would be extended from 16 October 2020 to 15 March 2021. On 3 March 2021 the Covid-19 TERS Direction, 2021 ("Direction") was published by way
- [Draft Amendments to the Pension Funds Act 24 of 1956: The Highlights](https://werksmans.com/draft-amendments-to-the-pension-funds-act-24-of-1956-the-highlights/) - by Natalie Scott, Director and Kyra South, Associate On Friday, 26 February 2021, the National Treasury released a Media Statement regarding the publication of the draft amendments ("Draft Amendments") to Regulation 28 of the Pension Funds Act Regulations, 1962 (as amended) ("Regulations"), published under the Pension Funds Act 24 of 1956 ("Act"). Regulation 28 of the Regulations requires asset managers to,
- [Why Government should accelerate the establishment of an independent system and market operator?](https://werksmans.com/why-government-should-accelerate-the-establishment-of-an-independent-system-and-market-operator/) - By Nozipho Bhengu, Director and Tsebo Masia, Associate On 15 February 2021, the CEO of Eskom SOC Limited ("Eskom"), Mr Andre de Ruyter made a much welcome announcement that the independent system and market operator will be in place by 2022. This was a clear acknowledgement that, as part of the process of unbundling Eskom,
- [Green shoots which may reignite the Renewable Energy Industry](https://werksmans.com/green-shoots-which-may-reignite-the-renewable-energy-industry/) - by Nozipho Bhengu, Director In line with the Ministerial Determination issued under section 34 of the Electricity Regulations and concurred with by the National Electricity Regulator of South Africa (Nersa), on 18 March 2021, the Minister of Mineral Resources and Energy, Gwede Mantashe made the long awaited announcement that the Request for Proposals (RFP) for
- [Kick the tires and light the fires – guidance note on Information Officers and Deputy Information Officers finally published](https://werksmans.com/kick-the-tires-and-light-the-fires-guidance-note-on-information-officers-and-deputy-information-officers-finally-published/) - by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Dale Adams, Associate On 1 April 2021, the Information Regulator ("the Regulator") published a Guidance Note for Information Officers and Deputy Information Officers ("Guidance Note"), which seeks to provide (long-awaited) clarity on, amongst others, – the obligations and
- [Anticipating POPIA](https://werksmans.com/anticipating-popia/) - Provisions of the Protection of Personal Information Act or POPIA The Information Regulator recently published a notice in respect of the proposed coming into effect of the provisions of the Protection of Personal Information Act or POPIA.[1] Whilst the notice details, in the main, the development of certain codes of conduct, the notice goes further
- [SARS casts its non-compliance net wide](https://werksmans.com/sars-casts-its-non-compliance-net-wide/) - By Nicholas Fairbairn, Associate Reviewed by Doelie Lessing, Director Readers should be alert of their exposure to potential criminal liability for the smallest tax transgressions following the removal of the element of wilful conduct (i.e. intention) in respect of a number of small non-compliance matters. Prior to the latest tax amendment legislation becoming final, a
- [Unique Identifiers: Why the distinction?](https://werksmans.com/unique-identifiers-why-the-distinction/) - by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Nyiko Mathebula, Candidate Attorney The Information Regulator The Information Regulator ("Regulator") recently issued a Guidance Note for responsible parties to use when applying for prior authorisation in terms of sections 57 and 58 of the Protection of Personal Information Act
- [Winning a battle, but losing the war? Interim relief granted…...](https://werksmans.com/winning-a-battle-but-losing-the-war-interim-relief-granted/) - by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Dale Adams, Associate On 25 March 2021, the Competition Tribunal ("the Tribunal") granted interim relief in favour of GovChat Proprietary Limited ("GovChat") and Hashtag Letstalk Proprietary Limited ("Hashtag Letstalk") against WhatsApp Inc. ("WhatsApp") and Facebook Inc. ("Facebook") thereby interdicting
- [Information about information: why calls for the regulation of metadata are gaining traction in Europe](https://werksmans.com/information-about-information-why-calls-for-the-regulation-of-metadata-are-gaining-traction-in-europe/) - by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Tristan Meyer, Candidate Attorney In the European Union, metadata is a known data privacy problem. Data protection regulators are acutely aware of the risks posed by the unregulated processing or collection of metadata. The question is, in the
- [Imposing Most Favoured Nation Clauses? Okay, now pay a fine to the tune of £17.9 million](https://werksmans.com/imposing-most-favoured-nation-clauses-okay-now-pay-a-fine-to-the-tune-of-17-9-million/) - by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Dale Adams, Associate On 19 November 2020, the Competition and Markets Authority ("CMA"), the UK competition watchdog, announced it has issued an infringement decision finding that BGL (Holdings) Limited, BGL Group Limited, BISL Limited (collectively, "BGL") and Compare
- [Blessing or Curse: POPIA requires that an Information Officer must be appointed](https://werksmans.com/blessing-or-curse-popia-requires-that-an-information-officer-must-be-appointed/) - by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice and Dimakatso Khumalo, Candidate Attorney Introduction The digital representation of data or personal information, has brought many challenges to protecting privacy rights and thereby protecting individuals. In terms of the Protection of Personal Information Act 4 of 2013 ("POPIA"),
- [What you need to know about the Expropriation Bill and where it came from](https://werksmans.com/what-you-need-to-know-about-the-expropriation-bill-and-where-it-came-from/) - by Thomas Karberg, Candidate Attorney reviewed by Bulelwa Mabasa, Director and Head of Land Reform Restitution & Tenure Practice Introduction In 2019, the Parliamentary Advisory Panel on Land Reform advised the President that the old Expropriation Act No. 63 of 1975 ("the 1975 Act") was unconstitutional and in conflict with section 25 of the Constitution
- [Putting the cart before the horse – the potential unconstitutionality of the Expropriation Bill](https://werksmans.com/putting-the-cart-before-the-horse-the-potential-unconstitutionality-of-the-expropriation-bill/) - The Expropriation Bill B3-2020 South Africans have recently been presented with the Expropriation Bill B3-2020 ("the Bill"). While the Bill has drawn vociferous criticism from various voices, it is crucial to view the Bill in the broader context of the land reform project. In the author's view, a unified system of expropriation and compensation is
- [Temporary Employer/Employee Relief Scheme ("TERS") extension: appeal process and update](https://werksmans.com/temporary-employer-employee-relief-scheme-ters-extension-appeal-process-and-update/) - Temporary Employer/Employee Relief Scheme ("TERS") On 27 March 2021 the Unemployment Insurance Fund (”UIF") issued a letter outlining the appeal process for the lockdown period 16 October 2020 until 15 March 2021. On 1 March 2021 the UIF opened its online portal for sector based claims. The online portal performed a "real check on the
- [Dismissal of employees who participate in unprotected strikes but comply with employer's ultimatum may not be dismissed](https://werksmans.com/dismissal-of-employees-who-participate-in-unprotected-strikes-but-comply-with-employers-ultimatum-may-not-be-dismissed/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Lukrisha Ramadu, Candidate Attorney Issue Whether employers, who issue provisional ultimatums to employees who participate in unprotected strike action, may subsequently dismiss employees who comply with the ultimatum. Summary Employees who embark on an unprotected strike should be given sufficient time to comply with
- [Dismissal of employees who contravene a rule will be fair if proven that employees were aware of the rule or could be reasonably expected to have been aware of it](https://werksmans.com/dismissal-of-employees-who-contravene-a-rule-will-be-fair-if-proven-that-employees-were-aware-of-the-rule-or-could-be-reasonably-expected-to-have-been-aware-of-it/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Lukrisha Ramadu, Candidate Attorney Issue Whether the employees could be said to have known, or reasonably to have known, about the rule that they breached. Summary When assessing misconduct of an employee, the correct test entails, among others, determining whether, on the evidence presented,
- [Opportunities for private equity in business rescue](https://werksmans.com/opportunities-for-private-equity-in-business-rescue/) - By Elliott Wood, Director and Bafana Ntuli, Director On 23 February 2021, the first ever virtual Ansarada DealMakers Annual Awards was broadcast, and two transactions in which Werksmans Inc. ("Werksmans") advised on were announced as winners of which was, one in the private equity category and the other in the business rescue category. The winner
- [The Legal 500 Europe, Middle East & Africa Rankings](https://werksmans.com/the-legal-500-europe-middle-east-africa-rankings-4/) - The Legal 500 has released its 2021 rankings for the EMEA region. Regarded as one of the world's largest and most reputable legal referral guides, The Legal 500 is an independent directory which assesses the strengths of law firms in over 100 jurisdictions and continues to grow each year
- [Temporary Employer / Employee Relief Scheme ("TERS") update](https://werksmans.com/temporary-employer-employee-relief-scheme-ters-update/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Lukrisha Ramadu, Candidate Attorney On 20 April 2021 the Minister of Employment and Labour published a new direction ("the Direction") in relation to the Covid-19 Temporary Employer / Employee Relief Scheme ("TERS"). The Direction is, in large part, the same as the direction published
- [The SAA Business Rescue Process : A steep learning curve - Lessons for SOEs](https://werksmans.com/the-saa-business-rescue-process-a-steep-learning-curve-lessons-for-soes/) - Setting the scene Since being placed under voluntary business rescue in December 2019, South African Airways ("SAA") has been a consistent (and often controversial) conversation point amongst many South Africans. Being the first business rescue process involving a state owned entity (“SOE”), many observers regard the SAA business rescue as a “pilot test” that will
- [Vesting of Capital Gains through Multiple Trusts](https://werksmans.com/vesting-of-capital-gains-through-multiple-trusts/) - by Erich Bell, Director The recent tax court decision IT 24918 (delivered on 18 March 2021) is the first case in which it was considered whether capital gains can be "conduited" through more than one trust in accordance with the provisions of the Income Tax Act, No 58 of 1962 ("Act"). Even though this case
- [A bank's right to set-off and their duties towards third parties](https://werksmans.com/a-banks-right-to-set-off-and-their-duties-towards-third-parties/) - by Tracy-Lee Janse van Rensburg, Director and Malachizodok Mpolokeng, Candidate Attorney It is well known that banks play a critical role within the commercial sphere by, inter alia, accepting deposits from the general public and facilitating borrowing through the advance of loans to customers. Central to the functioning of banks, is the fact that ownership
- [Resignation or dismissal?](https://werksmans.com/resignation-or-dismissal/) - The employment relationship involves two parties - the employer and the employee - and accordingly there are three possible ways in which this relationship can end, or terminate. However, it is usually only in the case of one type of termination, or one of these three possible scenarios, that the employee has recourse under South
- [Well-known trade marks recognised in Tanzania](https://werksmans.com/well-known-trade-marks-recognised-in-tanzania/) - By Donvay Wegierski, Director On 4 February 2021 judgement was handed down by the High Court of Tanzania, Dar Es Salaam, against JP Decaux Tanzania Limited finding that it had infringed the Plaintiff's name JC Decaux, with an order of both punitive and general damages in Commercial Case no. 155 of 2018 JC Decaux /
- [JSE efforts to reduce red tape in Section 9 of the Johannesburg Stock Exchange Listing Requirements](https://werksmans.com/jse-efforts-to-reduce-red-tape-in-section-9-of-the-johannesburg-stock-exchange-listing-requirements/) - The Johannesburg Stock Exchange Consultation Paper From the outside, it is worth acknowledging that the JSE Limited (the "JSE") or any other international stock exchange for that matter, has the difficult task of balancing its regulatory objectives of protecting investors in listed companies versus ensuring that listed companies have operational flexibility to trade without having
- [Competition Commission's Report on the effects of the Covid-19 Block Exemption for the Retail Property Sector, 2020](https://werksmans.com/competition-commissions-report-on-the-effects-of-the-covid-19-block-exemption-for-the-retail-property-sector-2020/) - by Dominique Arteiro, Director Background On 23 April 2021, the Competition Commission ("Commission") published a notice in the Government Gazette in which it, inter alia, indicated that it had published its final non-confidential report of the Commission's findings on the impact of the Covid-19 Block Exemptions and the Commission's advocacy and enforcement work ("Report"). The Covid-19
- [Impact of Covid-19 on merger conditions](https://werksmans.com/impact-of-covid-19-on-merger-conditions/) - Merger conditions There is no doubt that the Covid-19 pandemic has had, and is continuing to have, a severe impact on all aspects of our lives. Informed sources say that the consequences are likely to continue for many months, if not years, to come. In particular, the pandemic has directly affected the South African and
- [Competition Commission Launches Online Market Inquiry – Key Priority Sector](https://werksmans.com/competition-commission-launches-online-market-inquiry-key-priority-sector/) - by Dominique Arteiro, Director Background: Online Platforms Today, 19 May 2021 the Competition Commission of South Africa ("Commission") officially commenced its market inquiry into online intermediation platforms ("Online Market Inquiry") in terms of section 43B of the Competition Act, No.89 of 1998. Online intermediation platforms are digital platforms that facilitate transactions between business users and
- [Cybercrimes Act: South Africa Finally Joins The Big Boy Table](https://werksmans.com/cybercrimes-act-south-africa-finally-joins-the-big-boy-table/) - 1. President Cyril Ramaphosa has just signed the Cybercrimes Bill, which seeks to bring South Africa's cybersecurity laws in line with the rest of the world, into law. This Bill which is now an Act of Parliament creates offences for and criminalises, amongst others, the disclosure of data messages which are harmful. Examples of such
- [The Constitutional Court rules on tax allowances for retail loyalty programmes](https://werksmans.com/the-constitutional-court-rules-on-tax-allowances-for-retail-loyalty-programmes/) - The Constitutional Court rules on tax allowances It is rare to see tax disputes end up in the Constitutional Court and even more so to see two matters heard by the Constitutional Court within a space of approximately ten months relating to the very same section of the Income Tax Act (ITA). This is precisely
- [Proposed Amendments to the Equality Act](https://werksmans.com/proposed-amendments-to-the-equality-act/) - Equality Act or PEPUDA In March 2021, the Department of Justice and Constitutional Development ("DOJ") invited interested parties to comment on a bill aimed at amending the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (hereafter "the Act"; but often colloquially referred to as the "Equality Act" or "PEPUDA"). In an explanatory note,
- [Business rescue – not for the fainthearted](https://werksmans.com/business-rescue-not-for-the-fainthearted/) - Business rescue proceedings Business rescue proceedings almost invariably take place under less than ideal circumstances. To begin with, all candidates for business rescue are financially distressed, and as a natural consequence, you often find that the company's employees have not been paid, aggressive trade creditors are almost certainly knocking on the door and liquidation proceedings
- [Shareholders beware – Section 424 and piercing the corporate veil!](https://werksmans.com/shareholders-beware-section-424-and-piercing-the-corporate-veil/) - by Eric Levenstein, Director and Head of Insolvency, Business Rescue & Restructuring Practice; Nastascha Harduth, Director; and Siyabonga Galela, Candidate Attorney Introduction When a director of a company conducts the business of the company, that director does not do so in his/her personal capacity. Instead, that director acts as an agent of the company,
- [What is consultation?](https://werksmans.com/what-is-consultation/) - Mining companies required to consult with communities Mining is one of the major contributors to the national economy. The issue of mining companies being required to consult with communities remains a contentious issue in South Africa – with an increasing number of court judgments weighing in on the legal implications of consultation. The media has
- [Electronic signatures: recent developments](https://werksmans.com/electronic-signatures-recent-developments/) - by Pierre Burger, Director What is an electronic signature, and when will it be valid in place of a handwritten signature? These questions appeared to have been answered by the SCA in Spring Forest[1], but recent case law has introduced an element of uncertainty. To recap, the section 13("Signature") of the Electronic Communications and Transactions
- [Current status: National Health Insurance Scheme](https://werksmans.com/current-status-national-health-insurance-scheme/) - National Health Insurance Scheme or NHI Notwithstanding the attention that has come to be focused on the prevailing COVID-19 pandemic, preparations continue in respect of the implementation and establishment of a National Health Insurance Scheme or NHI in South Africa. In this regard, we are guided by the provisions of the National Health Insurance Bill
- [China: Opportunities and opportunist](https://werksmans.com/china-opportunities-and-opportunist/) - China implemented anti-dumping duties on Australian wines Media reports that China recently implemented anti-dumping duties on Australian wines introducing import tariffs of anywhere from 100% - 215%. Understandably this will have dealt Australian wine producers exporting to China a severe blow, Australia being a significant trader with China. Even though China produces some of its
- [POPIA and social media posts](https://werksmans.com/popia-and-social-media-posts/) - Processing of personal information on social media platforms A great deal of attention has been given to juristic entities' compliance with the Protection of Personal Information Act No. 4 of 2013 ("POPIA"). With the pending full commencement of POPIA on 1 July 2021, juristic entities are in the final stages of ensuring compliance with POPIA.
- [Amended Consolidated Direction on Occupational Health and Safety Measures](https://werksmans.com/amended-consolidated-direction-on-occupational-health-and-safety-measures/) - Occupational Health and Safety Measures On 11 June 2021 the Minister of Employment and Labour published an Amended Consolidated Direction on Occupational Health and Safety Measures in Certain Workplaces ("Direction"). The Direction is effective from 11 June 2021. The Direction provides guidelines relating to, among others, social distancing, symptom screening, wearing of cloth masks and
- [Vaccination Policies for the Workplace](https://werksmans.com/vaccination-policies-for-the-workplace/) - Vaccination Policies The Department of Employment and Labour recently released an Amended Consolidated Direction on Occupational Health and Safety measures in certain workplaces ("Directions") published in Government Gazette No. 44700 on 11 June 2021. The Directions are applicable to all employers that are permitted to continue or commence business operations under the Regulations made under
- [Don’t let rumours deceive you, POPIA is still coming into effect on 1 July 2021 – No extension or grace!](https://werksmans.com/dont-let-rumours-deceive-you-popia-is-still-coming-into-effect-on-1-july-2021-no-extension-or-grace/) - POPIA is still coming into effect on 1 July 2021 "We have already said that on the 1st of July all responsible parties must ensure that the processing of personal information complies with POPIA...People are asking us is the 1st of July, the deadline, going to be extended, we have to say here unequivocally that
- [The Information Regulator – Both a POPIA And PAIA Regulator, Extension granted for PAIA manuals to be available](https://werksmans.com/the-information-regulator-both-a-popia-and-paia-regulator-extension-granted-for-paia-manuals-to-be-available/) - by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of Competition Law Practice; and Dale Adams, Associate The Information Regulator is more than a Protection of Personal Information Act 4 of 2013 ("POPIA") As of 30 June 2021, the Information Regulator will be taking over the regulatory mandate functions relating
- [The legal dangers of a side hustle](https://werksmans.com/the-legal-dangers-of-a-side-hustle/) - Everybody seems to have a side hustle From cupcake bakers to Instagram influencers and tech start-ups, everybody seems to have a side hustle these days and rightly so. The job security our parents had years ago has vanished into thin air and seems to have been accelerated by Covid-19. Inspired by YouTube stars and social
- [POPIA: misconceptions, Whatsapp groups and other deceptions!](https://werksmans.com/popia-misconceptions-whatsapp-groups-and-other-deceptions/) - by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of Competition Law Practice; and Nyiko Mathebula, Candidate Attorney I hereby give my permission to the inhabitants of Middle Earth, Agents Mulder and Scully, the Goonies, all the Storm Troopers and Darth Vader, the Mad Hatter, Chuck Norris, S.H.I.E.L.D., The
- [Beware! Draft National Policy on Data and Cloud published](https://werksmans.com/beware-draft-national-policy-on-data-and-cloud-published/) - by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of Competition Law Practice; and Dale Adams, Associate "Data generated in South Africa shall be the property of South Africa, regardless of where the technology company is domiciled" These simple words represent some of the most controversial measures proposed by
- [Proposed Amendments to the Domestic Violence Act – latest developments](https://werksmans.com/proposed-amendments-to-the-domestic-violence-act-latest-developments/) - Domestic Violence Act As part of government's efforts to address the scourge of domestic violence in South Africa, a process to expedite the amendment of various provisions of the Domestic Violence Act 116 of 1998 ("Act") has been under way over the past couple of years. A draft Domestic Violence Amendment Bill [B20-2020] was published
- [The prohibition of the Burger King merger and the increasing importance of Broad-Based Black Economic Empowerment factors for South African competition law](https://werksmans.com/the-prohibition-of-the-burger-king-merger-and-the-increasing-importance-of-broad-based-black-economic-empowerment-factors-for-south-african-competition-law/) - The prohibition of the Burger King merger 1. The recent decision by the Competition Commission to prohibit the sale by Grand Parade Investments ("GPI") of Burger King South Africa ("BKSA") to private equity firm, ECP Africa is important because – 1.1 the merger raised no competition concerns and the sole reason for the Commission's prohibition
- [Facebook, will you ever give up?](https://werksmans.com/facebook-will-you-ever-give-up/) - Facebook Data 1. It is often said that data is replacing oil as the world's most valuable resource and is the commodity of trade in the new world order.[1] The basic premise is that in this new digital economy, data and what you extract from that data is similar to oil a century ago. Depending
- [The G7 Finance Ministers' Global Tax Agreement (or are tax havens dead?)](https://werksmans.com/the-g7-finance-ministers-global-tax-agreement-or-are-tax-havens-dead/) - by Ernest Mazansky, Head of Tax Practice, Werksmans Attorneys As has been fairly widely reported with a great deal of fanfare on the international television news stations and also in the financial pages, earlier this month the G7 finance ministers came to, what has been referred to variously as an historic or a seismic agreement
- [Mr. President, you don't need an iPad, please use a pen!](https://werksmans.com/mr-president-you-dont-need-an-ipad-please-use-a-pen/) - by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of Competition Law Practice; and Nyiko Mathebula, Candidate Attorney 1. On 1 June 2021 we wrote an article about how President Cyril Ramaphosa had just assented to the Cybercrimes Bill to bring into law the Cybercrimes Act 19 of 2020
- [Incitement of public violence (on social media) and the repercussions for individuals and contracts](https://werksmans.com/incitement-of-public-violence-on-social-media-and-the-repercussions-for-individuals-and-contracts/) - Incitement of public violence With the recent public unrest and public violence outbreaks in the country the President of the Republic of South Africa with the Minister of Police, have vowed to prosecute the perpetrators of the public violence including the inciters of the public violence. Taking into account the above, we provide below a
- [Extension of COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”)](https://werksmans.com/extension-of-covid-19-temporary-employer-employee-relief-scheme-ters/) - On 11 July 2021 President Cyril Ramaphosa announced that the Covid-19 Temporary Employer / Employee Relief Scheme ("TERS") would be extended to certain industries and business affected by the Alert Level 4 Lockdown. On 20 July 2021 the Covid-19 TERS Direction, 2021 ("Direction") was published in the Government Gazette. The Direction applies to- Employees who
- ["This is hate speech" – The Constitutional Court has spoken](https://werksmans.com/this-is-hate-speech-the-constitutional-court-has-spoken/) - This is hate speech The Constitutional Court has handed down judgment in the case of Qwelane v South African Human Rights Commission and Another [2021] ZACC 22. This seminal judgment resolves the long-standing conundrum of: (i) whether or not section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
- [LIBOR: The end of an era….a time for change](https://werksmans.com/libor-the-end-of-an-era-a-time-for-change/) - London Interbank Offered Rate ("LIBOR") Over the last couple of years, there has been talk in the banking and finance sector of the announcement by the UK's Financial Conduct Authority ("FCA"), that the London Interbank Offered Rate ("LIBOR"), will cease to exist on 31 December 2021, less than six months from now, with the cessation of several USD LIBOR settings being delayed to 30 June 2023. From these dates onwards, the FCA will no longer
- [Claims for non-payment in terms of Section 73A of The Basic Conditions of Employment Act](https://werksmans.com/claims-for-non-payment-in-terms-of-section-73a-of-the-basic-conditions-of-employment-act/) - Section 73A of The Basic Conditions of Employment Act (BCEA) In 2019, the Basic Conditions of Employment Act 75 of 1997 ("BCEA") was amended in several respects. One such amendment was the introduction of section 73A of the BCEA, which expanded the jurisdiction of the Commission for Conciliation Mediation and Arbitration ("CCMA") to include disputes
- [The importance of careful drafting of Trust Deeds](https://werksmans.com/the-importance-of-careful-drafting-of-trust-deeds/) - Careful and precise drafting of Trust Deeds Many South Africans form trusts for asset protection and estate planning purposes. In the 2018 case of Du Plessis No and Others v Van Niekerk and Others 2018 (6) SA 131 (FB), the court had to consider what the presiding judge regarded as a "novel, interesting and important
- [A brief overview of Small Claims Court procedures](https://werksmans.com/a-brief-overview-of-small-claims-court-procedures/) - The Small Claims Court ("SCC") The Small Claims Court ("SCC") was established by the Small Claims Court Act 61 of 1984 ("Act") as a means of improving access to justice by providing informal court processes through which members of the public could settle small civil claims. The SCC aims to resolve civil claims speedily, inexpensively
- [The cost of speaking ill of the Competition Commission](https://werksmans.com/the-cost-of-speaking-ill-of-the-competition-commission/) - Proceedings before the Competition Commission Litigation is, by its very nature, adversarial and in consequence, litigants are sometimes prone to making rash and unfounded assertions and allegations. Proceedings before the Competition Commission ("Commission") and the Competition Tribunal ("Tribunal") are unfortunately no exception. A recent Tribunal decision illustrates, however, that such conduct may have consequences for
- [Basics of Business Rescue](https://werksmans.com/basics-of-business-rescue/) - What is business rescue? Business rescue proceedings are proceedings aimed to facilitate the rehabilitation of a company that is financially distressed by providing for – the temporary supervision of the company, and the management of its affairs, business and property, by a business rescue practitioner; a temporary moratorium (stay) on the rights of claimants against
- [Advancing credit to financially distressed companies – warning signals for suppliers and creditors?](https://werksmans.com/advancing-credit-to-financially-distressed-companies-warning-signals-for-suppliers-and-creditors/) - Advancing credit to financially distressed companies Continued pressure on business and world economies due to the ongoing battle with the Covid-19 pandemic continues into the second half of 2021 and looks set to continue into 2022. With recent unrest in parts of the country, many businesses had to shut down, with many of these failing
- [Information officers take note!](https://werksmans.com/information-officers-take-note/) - Promotion of Access to Information Act, 2000 regulations 1. The long-awaited Promotion of Access to Information Act, 2000 regulations ("the Regulations") were finally gazetted by the Department of Justice and Constitutional Development on 27 August 2021 repealing those in place since 2002. 2. The Regulations are a culmination of the draft regulations that were published for public
- [Top ten risks for creditors of companies going into Business Rescue in 2021](https://werksmans.com/top-ten-risks-for-creditors-of-companies-going-into-business-rescue-in-2021/) - Chapter 6 of the Companies Act No. 73 of 2008 Continued pressure on business and world economies due to the ongoing battle with the Covid-19 Pandemic continue into the second half of 2021 and looks set to continue into 2022. With recent unrest in parts of the country, many businesses had to shut down, with
- [The Memorandum of Understanding between the Competition Commission of South Africa and the National Agricultural Marketing Council](https://werksmans.com/the-memorandum-of-understanding-between-the-competition-commission-of-south-africa-and-the-national-agricultural-marketing-council/) - The Competition Commission and the NAMC concluded an MOU On 13 August 2021 the Competition Commission ("the Commission") and the National Agricultural Marketing Council ("the NAMC") concluded a memorandum of understanding ("MOU"). Published in Government Gazette No. 44981, the purpose of the MOU is to ensure that markets in South Africa's agriculture, food and agro-processing
- [Oh how the world is changing – Draft guidelines on collaboration between competitors on localisation initiatives](https://werksmans.com/oh-how-the-world-is-changing-draft-guidelines-on-collaboration-between-competitors-on-localisation-initiatives/) - Draft guidelines on collaboration between competitors on localisation initiatives 1. The Competition Commission ("Commission") has recently issued a notice in terms of section 79(3) of the Competition Act No. 89 of 1998, as amended ("Competition Act") inviting the public to comment on its Draft Guidelines on Collaboration Between Competitors on Localisation Initiatives ("Draft Guidelines"). 2.
- [Kenya introduces Anti-Counterfeiting (Recordation) Regulations, 2021](https://werksmans.com/kenya-introduces-anti-counterfeiting-recordation-regulations-2021/) - Kenya's Anti-Counterfeit (Recordation) Regulations 2021 Kenya's Anti-Counterfeit (Recordation) Regulations 2021 requires Intellectual Property rights ("IPR") owners who import goods into Kenya to record their IPR with the Anti-Counterfeit Authority ("ACA"). Recordation is not yet implemented, however, following the official publication of these Regulations, the ACA is expected to roll out the online Recordation system to
- [JSE efforts to reduce red tape in Section 9 of the Johannesburg Stock Exchange Listing Requirements: Part 2](https://werksmans.com/jse-efforts-to-reduce-red-tape-in-section-9-of-the-johannesburg-stock-exchange-listing-requirements-part-2/) - Johannesburg Stock Exchange Listing On 5 March 2021, the Issuer Regulation Division of the JSE issued a Market Notice on a JSE Consultation Paper titled "Cutting Red Tape Aimed at Effective and Appropriate Regulation: Request for Comments". The call for comments closed on 9 April 2021, however, due to the vast interest received from stakeholders,
- [Business rescue and employee rights](https://werksmans.com/business-rescue-and-employee-rights/) - What happens to employees when their employer is placed into business rescue? What happens to employees when their employer is placed into business rescue? On the one hand, the good news for labour and for unions is that the appointment of the business rescue practitioners has no impact whatsoever on the underlying contracts of employment,
- [Treasury modifies the interest limitation proposals](https://werksmans.com/treasury-modifies-the-interest-limitation-proposals/) - Proposed interest limitation rules In 2019 Treasury released a discussion document dealing with the proposed interest limitation rules that would apply where a South African company with foreign group members has borrowed money. This kind of proposal is very common throughout the world, especially as part of giving effect to the OECD's and G20's initiative
- [Draft standards on address data published for public comment](https://werksmans.com/draft-standards-on-address-data-published-for-public-comment/) - Draft standards on address data 1. The Protection of Personal Information Act 4 of 2013 ("POPIA") has a wide application especially if one considers the definition of personal information which is defined in broad terms as "information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person”, which
- [A bank's choice of forum – what does the law say?](https://werksmans.com/a-banks-choice-of-forum-what-does-the-law-say/) - Setting the Scene It is common practice for consumers to take up mortgages and purchase motor vehicles on credit from financial institutions. However, what happens if, somewhere along the line, these consumers default on their repayment obligations to such financial institutions? Typically, legal proceedings will be instituted, in terms of which orders for the repayment
- [Eye spy with my little eye… Template PAIA Manuals published by the Information Regulator](https://werksmans.com/eye-spy-with-my-little-eye-template-paia-manuals-published-by-the-information-regulator/) - Updated PAIA Manual templates for private bodies To kick off the beginning of Access to Information month, the Information Regulator published its updated PAIA Manual templates for private bodies on its website. This follows the Information Regulator gazetting the amended Regulations relating to the Promotion of Access to Information Act, 2021 (“PAIA Regulations“) on 27
- [Obtaining authorisation to process special personal information demystified](https://werksmans.com/obtaining-authorisation-to-process-special-personal-information-demystified/) - 1. Processing of Special Personal Information On 28 June 2021, the Information Regulator published its "Guidance Note on Processing of Special Personal Information"' ("Guidance Note"). Self-evidently from its title, the salient purpose of the Guidance Note is to provide guidance to responsible parties who may be required in terms of section 27(2) of the Protection
- ["I will never get caught": The consequences of non-compliance with POPIA](https://werksmans.com/i-will-never-get-caught-the-consequences-of-non-compliance-with-popia/) - Non-compliance with POPIA With the attention on complying with the Protection of Personal of Personal Information Act No. 4 of 2013 ("POPIA") by 1 July 2021 having subsided and most of us having received and approved our fair share of consent notices, we consider the consequences, if any, on responsible parties, as defined in POPIA,
- [Section 161 of the Companies Act and a shareholder's claim for reflective loss](https://werksmans.com/section-161-of-the-companies-act-and-a-shareholders-claim-for-reflective-loss/) - Section 161 of the Companies Act In terms of the South African common law, a shareholder does not have the right to claim for a reduction in the value of its shares that merely reflects the loss suffered by the company itself as the result of wrongdoing. This "reflective loss principle" was articulated in Johnson
- [Burger King merger approved – what role will black ownership play in future mergers?](https://werksmans.com/burger-king-merger-approved-what-role-will-black-ownership-play-in-future-mergers/) - Burger King merger 1. The Competition Commission's prohibition in June 2020 of the sale of Burger King (South Africa) (RF) (Pty) Ltd ("BKSA") to private equity firm, ECP Africa, caused much interest and concern. It was the first time since the Competition Act came into force on 1 September 1999 that a merger had been
- [The COMESA Competition Commission's increasing emphasis on competition enforcement and conduct cases](https://werksmans.com/the-comesa-competition-commissions-increasing-emphasis-on-competition-enforcement-and-conduct-cases/) - The COMESA Competition Commission 1. The Common Market for Eastern and Southern Africa (COMESA) covers 21 countries namely Burundi, the Comoros, the Democratic Republic of Congo, Djibouti, Egypt, Eritrea, Ethiopia, Kenya, Libya, Madagascar, Malawi, Mauritius, Rwanda, Sudan, Swaziland, Seychelles, Somalia, Tunisia, Uganda, Zambia and Zimbabwe. The COMESA Competition Commission ("CCC") has been operating since January
- [Can crypto assets be exported?](https://werksmans.com/can-crypto-assets-be-exported/) - The movement of crypto assets between digital wallets The Financial Surveillance Department of the South African Reserve Bank or "FinSurv" has made its views known on exchange control issues relating to the movement of crypto assets between digital wallets on a South African crypto exchange (such as OVEX) and a foreign crypto exchange (such Binance)
- [Jacob Zuma's medical records: off limits or fair game](https://werksmans.com/jacob-zumas-medical-records-off-limits-or-fair-game/) - Jacob Zuma's medical records Discussions around medical records have taken centre stage at former president Jacob Zuma's trial for corruption, fraud and racketeering emanating from the 1999 arm's deal involving French company Thales. The trial has brought with it many twists and turns with the most recent being the issue of whether the prosecution is
- [Data breaches: to notify, or not to notify, that is the question](https://werksmans.com/data-breaches-to-notify-or-not-to-notify-that-is-the-question/) - Data breaches We have had a number of clients approach us on the issue of security compromises or "data breaches" and have quickly come to learn that a similar theme or question permeates throughout this issue. That is whether to notify the data breach to the Information Regulator ("Regulator") and data subjects concerned, and if
- [The requirements for Rescission Applications, restated](https://werksmans.com/the-requirements-for-rescission-applications-restated/) - The requirements for Rescission Applications The Constitutional Court recently handed down judgment in what was effectively a refresher course on the scope and requirements of rescission applications. While the matter generated public interest for its underlying political intrigue, the legal issues involved were relatively straightforward. For brevity, this article only deals with the requirements of
- [Notification of data breaches… setting the record straight](https://werksmans.com/notification-of-data-breaches-setting-the-record-straight/) - Report data breaches "We reminded them of their duty to report any breach in data security to us. The report they sent us was very general and certainly did not meet the legal requirements…"[1] [Emphasis added] Concerns over cybersecurity and data breaches are growing globally, fuelled and escalated by reports of ever-larger data breaches, the
- [Finally, my little eye spies a PAIA Guide!](https://werksmans.com/finally-my-little-eye-spies-a-paia-guide/) - Promotion of Access to Information Act 2 of 2000 The 28th of September was declared by UNESCO in 2019, as The International Day for Universal Access to Information (annually) and was celebrated locally by the members of the Information Regulator this year. In line with the principles of universal access to information, on 12 October
- [Resigning rather than being vaccinated](https://werksmans.com/resigning-rather-than-being-vaccinated/) - Resignation vs vaccinated As an employee, what are your rights when an employer places pressure on you to be vaccinated? Should an employee have any objections to vaccination, and the employer imposes a mandatory vaccination policy, does the employee have recourse to protection against being forced to be vaccinated? Employees may find themselves questioning whether
- [A bank's duties to non-customers – clarified or extended?](https://werksmans.com/a-banks-duties-to-non-customers-clarified-or-extended/) - A bank's duties to non-customers When money is deposited into a bank account, it becomes the property of the bank. This enables the bank to pool its funds to grant credit and make loans – in other words, to conduct the business of a bank. In return for ownership, the bank undertakes a personal obligation
- [New procedures when natural persons cease their SA tax residency](https://werksmans.com/new-procedures-when-natural-persons-cease-their-sa-tax-residency/) - Cease SA tax residency The South African Revenue Service ("SARS") recently issued guidance on its website on what the cessation of an individual's South African tax residence entails. The guidance sets out new documentary requirements that must be met to evidence cessation of an individual's South African tax residence. The guidance is applicable from the
- [The SCA rules on the deductibility of contributions to employee share incentive schemes and prescription](https://werksmans.com/the-sca-rules-on-the-deductibility-of-contributions-to-employee-share-incentive-schemes-and-prescription/) - SCA rules on the deductibility of contributions Many employers implement employee share incentive schemes with the intention of incentivising and retaining employees. While this is a common occurrence, all having the same purpose, the actual methodologies as to how they are implemented can vary quite widely, often with differencing tax consequences for both the employer
- [Focus on ESG - Business opportunity or cost?](https://werksmans.com/focus-on-esg-business-opportunity-or-cost/) - Environmental, social and governance (ESG) 1. As we eagerly anticipate the exit of the Coronavirus pandemic, there is recognition and acceptance that there is a strong link between sustainable business practices and strong financial performance by businesses. As a result, we are seeing increased focus and attention by businesses on environmental, social and governance (ESG)
- [Recent pro bono highlights](https://werksmans.com/recent-pro-bono-highlights/) - Werksmans pro bono highlights - National Wills Week During the week of 13 to 17 September 2021, Werksmans participated in National Wills Week. This is an annual pro bono initiative conducted by various organisations across the country aimed at advising members of the public of the importance of having a valid will. During the course
- [Entitlement to embark on strike action when there is an unreasonable delay](https://werksmans.com/entitlement-to-embark-on-strike-action-when-there-is-an-unreasonable-delay/) - Entitlement to embark on strike action - Issue Whether intended strike action can be embarked upon where there has been a 10-month delay between the issuing of the certificate of outcome and the notice of intention to embark on strike action ("strike notice"). Summary Where there had been an unreasonable delay between the issuing of
- [The importance of employees adhering to Covid-19 protocols in the workplace](https://werksmans.com/the-importance-of-employees-adhering-to-covid-19-protocols-in-the-workplace/) - Covid-19 protocols in the workplace - Issue Whether the dismissal of an employee who attended work whilst awaiting a Covid-19 test result, who continued to report to work after the Covid-19 test result came back positive and who failed to follow health and safety protocols in the workplace, was fair. Summary The dismissal of an
- [Severance pay entitlement of an employee who continues to work after he reaches the contractual retirement age](https://werksmans.com/severance-pay-entitlement-of-an-employee-who-continues-to-work-after-he-reaches-the-contractual-retirement-age/) - Severance pay entitlement - Issue Whether an employee, who continued employment with the same employer after he reached the contractual 'retirement age', was entitled to severance pay for all his years of service with the employer. Summary An employee who had worked for four years after he was due to retire was deemed to have
- [Werksmans Tax Brief](https://werksmans.com/werksmans-tax-brief-3/) - Tax Amendments 2021 Introduction On 11 November 2021, when the Minister of Finance presented his Medium Term Budget Policy Statement to Parliament, he also tabled the Rates and Monetary Amounts and Amendment of Revenue Laws Bill, 2021, the Tax Administration Laws Amendment Bill, 2021 and the Taxation Laws Amendment Bill, 2021. Only the last mentioned
- [Domestic Violence: New definitions you should know](https://werksmans.com/domestic-violence-new-definitions-you-should-know/) - by Dakalo Singo, Director and Head of Pro Bono Practice Domestic Violence Amendment Bill Introduction The annual "16 Days of Activism for No Violence against Women and Children" campaign commenced on 25 November (International Day of No Violence against Women) and ends on 10 December (International Human Rights Day). It aims to raise awareness about
- [Relief from oppressive or prejudicial conduct in terms of the Companies Act 71 of 2008](https://werksmans.com/relief-from-oppressive-or-prejudicial-conduct-in-terms-of-the-companies-act-71-of-2008/) - Section 163 of the Companies Act 71 of 2008 In any corporate environment, the authority of the board of directors, combined with the rule of the majority of shareholder votes, may lead to the interests of minority shareholders being at prejudiced. Section 163 of the Companies Act 71 of 2008 (Section 163), also known as
- [Your Actions in Cyberspace can Land You in Prison!](https://werksmans.com/your-actions-in-cyberspace-can-land-you-in-prison/) - Cybercrimes Act, 19 of 2020 By proclamation in the Gazette, President Cyril Ramaphosa has fixed 1 December 2021 as the date on which certain sections of the Cybercrimes Act, 19 of 2020 ("Cybercrimes Act"/"the Act") come into operation. This means that the Act is now enforceable. The following cybercrimes, amongst others, will as of 1 December
- [Data protection impact assessment required despite "Might of the State"](https://werksmans.com/data-protection-impact-assessment-required-despite-might-of-the-state/) - Kenyan High Court Introduction On 14 October 2021, the Kenyan High Court declared the collection of biometric information and the rollout of the country's digital ID system "Haduma cards" unconstitutional.[1] The High Court cited that the National Integrated Identity Management System disregarded data protection frameworks, including the failure to conduct a data protection impact assessment
- [Merger approval without a specific acquiring or target firm ](https://werksmans.com/merger-approval-without-a-specific-acquiring-or-target-firm/) - Merger approval The Competition Act 89 of 1998 ("Competition Act") and Commission Rules[1] contain review provisions that establish a mandatory filing regime for transactions that meet the statutory definition of a merger. The Competition Act and Commission Rules set out these mandatory requirements from the premise of there being a primary acquiring firm and primary
- [Security for costs - A White Elephant? A Chimera? Pie in the sky? …On any basis a Herculean task](https://werksmans.com/security-for-costs-a-white-elephant-a-chimera-pie-in-the-sky-on-any-basis-a-herculean-task/) - Security for costs In the recent case of McHugh N.O. & Others v Wright [5641/2021) [2021] ZAWCHC 205 (19 October 2021) ("the McHugh matter"), the question of security for costs once again came before the Court in the context of an action instituted by Wright relating to disputes and claims concerning the estate of his
- [The PAIA and POPIA dichotomy: What information are you requesting?](https://werksmans.com/the-paia-and-popia-dichotomy-what-information-are-you-requesting/) - Promotion of Access to Information Act, 2 of 2000 We have received numerous queries from clients seeking advice on attending to requests in terms of the Promotion of Access to Information Act, 2 of 2000 ("PAIA") as well as the Protection of Personal Information Act, 4 of 2013 ("POPIA"). What is evident is the tendency
- [The metaverse and data privacy: Will regulation keep up?](https://werksmans.com/the-metaverse-and-data-privacy-will-regulation-keep-up/) - What is the metaverse? On 28 October 2021, Facebook Inc.'s chief executive officer Mark Zuckerberg announced the rebranding of his company to Meta. More importantly though, was the announcement of a new vision for Facebook or Meta which will see the metaverse succeed the so-called mobile internet. But what is the metaverse? The metaverse is
- [Who appoints the substitute BRP? A look into the meaning of Section 139(3) of the Companies Act](https://werksmans.com/who-appoints-the-substitute-brp-a-look-into-the-meaning-of-section-1393-of-the-companies-act/) - Section 139(3) of the Companies Act Who has the power to appoint a business rescue practitioner's replacement, in circumstances where a practitioner dies, resigns, or is removed from office? This question (amongst others) was answered by the Supreme Court of Appeal ("SCA")[1] and confirmed in a recent application for leave to appeal before the Constitutional
- [Shareholders stuck between a rock and a hard place](https://werksmans.com/shareholders-stuck-between-a-rock-and-a-hard-place/) - Companies Act 71 of 2008 Brief overview of Section 163 Introduction There are instances where the Companies Act 71 of 2008 ("the Act") and/or the Memorandum of Incorporation ("MOI") will require the board of the company to propose resolutions to the shareholders of the company to approve certain commercial transactions. An example is where a
- [Who was worse: The Attorney or the Legal Practice Council?](https://werksmans.com/who-was-worse-the-attorney-or-the-legal-practice-council/) - Roll of attorneys In a matter recently heard before the Western Cape High Court, erstwhile attorney Gerrit Smit Van Wyk (57) was struck off the roll of attorneys after racking up a "dismal record of disciplinary infractions which go back some 23 years to 1998". Not only was the attorney taken to task for his
- [Data protection and privacy regulation: A roundup of developments in Africa in 2021](https://werksmans.com/data-protection-and-privacy-regulation-a-roundup-of-developments-in-africa-in-2021/) - Data protection, cybercrimes and/or cybersecurity laws The increase in internet penetration in Africa has made it easier to collect, use and share large quantities of personal data; increased the volume and frequency of data theft; and highlighted the importance of data protection and privacy laws. To date, approximately half of the 54 African countries have
- [Effects of Business Rescue](https://werksmans.com/effects-of-business-rescue/) - What effect does business rescue have? 1. What happens to the directors during business rescue? The directors of the company remain the directors. However, their powers and duties are constricted in that the business rescue practitioner has full management control over the company in substitution for the board of the company and its pre-existing management.
- [CCMA pronounces on mandatory vaccination policy](https://werksmans.com/ccma-pronounces-on-mandatory-vaccination-policy/) - Mandatory vaccination policy On Friday 21 January 2022, the Commission for Conciliation, Mediation and Arbitration (CCMA) delivered a much anticipated first pronouncement on the fairness of a dismissal following an employee's refusal to receive the COVID-19 vaccination. The publication of the latest iteration of the Consolidated Directions on Occupational Health and Safety Measures in Certain Workplaces under
- [Competition law and consent agreements, closing the door on civil damages?](https://werksmans.com/competition-law-and-consent-agreements-closing-the-door-on-civil-damages/) - Competition law and consent agreements by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of the Competition Law Practice; and Dale Adams, Associate For the last three months of 2021 through to January 2022, the Competition Commission ("Commission") was hard at work and entered into several consent agreements to close
- [Competition Commission and Information Regulator sign a Memorandum of Agreement](https://werksmans.com/competition-commission-and-information-regulator-sign-a-memorandum-of-agreement/) - Competition Commission and Information Regulator sign an MoU by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of the Competition Law Practice; and Dale Adams, Associate Without doubt there is an existing paradox between data protection laws and competition law. In terms of competition law, personal information or then data,
- [The long road to driving road legislation continues!](https://werksmans.com/the-long-road-to-driving-road-legislation-continues/) - Compliance with road legislation by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of the Competition Law Practice; and Dale Adams, Associate One of the salient purposes of the Administrative Adjudication of Road Traffic Offences Act 46 of 1998 ("AARTO Act") is to encourage compliance with road legislation and promote road traffic safety
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- [The pride or prejudice of being a related person to a company?](https://werksmans.com/the-pride-or-prejudice-of-being-a-related-person-to-a-company/) - by Marvin Petersen, Senior Associate co-authored by Jarryd Mardon, Director and reviewed by Pierre le Roux, Director Introduction In terms of Section 163 of the Companies Act 71 of 2008 ("the Act"), shareholders or directors of a company ("applicant") are afforded several instances to apply to the court for relief in terms of section 163
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- [Gerrymandering Healthcare? Certificate of need](https://werksmans.com/gerrymandering-healthcare-certificate-of-need/) - The term "gerrymander" is used primarily in the context of shifting the boundaries or borders of voting constituencies in order to achieve a political advantage that would not be available with shifting those boundaries or borders. The Oxford Advanced Learner's Dictionary 9th edition (2015) defines the term "gerrymander" as "to change the size and borders
- [Affected persons are invited - again - to provide comments on The Code of Conduct for The Banking Association of SA](https://werksmans.com/affected-persons-are-invited-again-to-provide-comments-on-the-code-of-conduct-for-the-banking-association-of-sa/) - On 24 June 2022, the Information Regulator of South Africa (Information Regulator) published a notice in terms of section 61(2) of the Protection of Personal Information Act 4 of 2013 (POPIA) that it is in receipt of a code of conduct from the Banking Association of South Africa (BASA) that deals with how personal information will be processed
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- [CCMA speaks again on mandatory vaccination policies](https://werksmans.com/ccma-speaks-again-on-mandatory-vaccination-policies/) - Mandatory vaccination policies in the workplace Hot off the heels of a number of awards by the CCMA which upheld mandatory vaccination policies in the workplace, the CCMA has recently declared mandatory vaccination policies to be unconstitutional. The facts of this case are as follows - The employee was employed as Senior Inventory Controller. The employer
- [You’ve been served … via NFT](https://werksmans.com/youve-been-served-via-nft/) - by Natalie Scott, Director, and Janice Geel, Candidate Attorney The Uniform Rules of Court (Uniform Rules) were amended in 2012, which resulted in the inclusion of Rule 4A (dealing with the delivery of documents and notices, including electronic service, in High Court proceedings). Following this amendment to the Uniform Rules, the KwaZulu-Natal High Court, inter
- [Online Intermediation Platforms Market Inquiry - Provisional Summary Report Released](https://werksmans.com/online-intermediation-platforms-market-inquiry-provisional-summary-report-released/) - Digital markets are the fastest growing segment of the economy according to the Competition Commission ("Commission"), who has today released its provisional summary report in the Online Intermediation Platforms Market Inquiry ("Market Inquiry"). This provisional report comes nearly 14 months after the Market Inquiry was initiated on 19 May 2021. Online intermediation platforms facilitate transactions between business
- [Once empowered, always empowered?](https://werksmans.com/once-empowered-always-empowered/) - There has been a recent shift in emphasis by the Competition Commission of South Africa (the Commission) from simply protecting competition and market conditions to actively promoting, amongst others, a greater spread of ownership and participation by historically disadvantaged persons (HDPs) and workers in firms in the market. This has made the mandate of the
- [Fake news - The three sisters: Mis, Dis and Mal.](https://werksmans.com/fake-news-the-three-sisters-mis-dis-and-mal/) - by Ahmore Burger-Smidt, Head of Data Privacy and Cybercrime Practice, and Siyabonga Galela, Candidate Attorney Fake news Introduction The Fourth Industrial Revolution (colloquially referred to as "4IR") has given individuals around the globe almost-continuous access to near real-time conversations about both important and trivial matters,[1] thus exposing people to voluminous amounts of unfiltered information and
- [POPIA and consent, the biggest misunderstanding?](https://werksmans.com/popia-and-consent-the-biggest-misunderstanding/) - “Sometimes you have to travel a long way to find what is near” Paulo Coelho It has been over a year since the compliance deadline of the Protection of Personal Information 4 of 2013 (POPIA), and yet there are still many misconceptions, misleading interpretations and misunderstandings regarding POPIA. A specific example in this regard is
- [Taking the Collusion out of Collaboration between Competitors](https://werksmans.com/taking-the-collusion-out-of-collaboration-between-competitors/) - by Nokwanda Zondi, Candidate Attorney, under supervision of Rudolph Raath, Director The Competition Commission's 2022 'Guidelines on Collaboration Between Competitors on Localisation Initiatives' and avoiding cartel conduct Pursuant to Section 79(1) of the Competition Act 89 of 1998 (the Act) the Competition Commission (Commission) this year[1] issued "Guidelines on Collaboration Between Competitors on Localisation Initiatives"
- [Manna or a bitter pill - a perspective on public interest](https://werksmans.com/manna-or-a-bitter-pill-a-perspective-on-public-interest/) - Public interest considerations There is little debate around public interest considerations carrying the same weight as competition issues in South African merger investigations - a position which other African competition regulators are starting to adopt. Where a transaction has a negative impact on the public interest grounds listed in section 12A(3) of the Competition Act
- [Jump the gun, bite the bullet: Consequences of failure to notify a merger in Africa](https://werksmans.com/jump-the-gun-bite-the-bullet-consequences-of-failure-to-notify-a-merger-in-africa/) - by Paul Coetser, Director & Head of Competition, and Sandiso Dhlomo, Candidate Attorney It is no longer a surprise that many, if not most, African countries now have competition laws. In addition, Africa has five regional economic areas with competition rules. In many of these countries and regional areas, it is necessary to notify and
- [The true meaning of dispositions 'not made for value' in the South African Law of Insolvency](https://werksmans.com/the-true-meaning-of-dispositions-not-made-for-value-in-the-south-african-law-of-insolvency/) - by Eric Levenstein, Head of Insolvency, Business Rescue and Restructuring, Kerisha Reddy, Associate, and, Brandon Starr, Candidate Attorney A key task of a liquidator, once appointed, is to investigate the dealings by an insolvent company of its assets. This is a necessary incident of one a liquidator's primary duties, namely to protect and preserve the
- [Stronger Penalties Needed In Climate Change Bill](https://werksmans.com/stronger-penalties-needed-in-climate-change-bill/) - Earlier this year, the United Nations (UN) Intergovernmental Panel on Climate Change (IPCC) published its Sixth Assessment Report, also known as "AR6". The Guardian called AR6 the IPCC's "starkest warning yet" while UN Secretary-General, António Guterres described it as a "code red for humanity". The AR6 warned that unless substantial and immediate reductions in greenhouse
- [Sticks, straws and bricks: POPIA compliance strategy & governance framework](https://werksmans.com/sticks-straws-and-bricks-popia-compliance-strategy-governance-framework/) - The Protection of Personal Information Act, 4 of 2013 (POPIA) is now over a year in full effect. Indeed, the POPIA compliance process has not come easy for many organisations. This is partly because of the nuanced nature of many businesses which can create a difficulty in properly interpreting the legislation. Although South Africa lacks
- [Road block ahead! Are data protection laws stifling technological innovation?](https://werksmans.com/road-block-ahead-are-data-protection-laws-stifling-technological-innovation/) - by Ahmore Burger-Smidt, Head of Data Privacy and Cybercrime Practice, and Siyabonga Galela, Candidate Attorney Oh, where the time has gone! It has been four years since the European Union's flagship data privacy legislation, the General Data Protection Regulation (GDPR), came into force.[1] Similarly, 1 July 2022 marked the first anniversary of the implementation of South Africa's
- [Normal retirement age versus agreed retirement age](https://werksmans.com/normal-retirement-age-versus-agreed-retirement-age/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; Kelly Sease and Danelle Plaatjies, Candidate Attorneys An agreed retirement age - Issue Whether an employer consented to an agreed retirement age when the relevant employees were allowed to work beyond the normal retirement age. Summary The dismissal of employees who have reached and worked
- [Derivative misconduct in the workplace](https://werksmans.com/derivative-misconduct-in-the-workplace/) - by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; Kelly Sease and Danelle Plaatjies, Candidate Attorneys Issue Whether or not the dismissal of an employee, who failed to inform an employer of suspicious conduct concerning missing monies, was substantively fair. Derivative misconduct The dismissal of an employee who failed to report the suspicious conduct
- [It’s not me, it’s you: incompatibility as a ground for dismissal](https://werksmans.com/its-not-me-its-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 Jabari v Telkom SA (Pty) Ltd[1] ("Jabari"). This case reveals the lesser known of the lawful grounds for dismissal in South African employment law – incompatibility. The Labour Relations
- [Telecommunication, economic growth and regulatory intervention](https://werksmans.com/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 speech Minister Cwele announced certain key telecommunications priorities for the year ahead, which included amongst others: the expansion of information and communication technology ("ICT") access through the roll‑out of
- [Wheels in motion – the public passenger transport market inquiry](https://werksmans.com/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 is empowered by section 43B of the Competition Act, 89 of 1998 ("the Act") to conduct a market inquiry if it has reason to believe that any feature of
- [Competing in a vacuum or not](https://werksmans.com/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 an information vacuum as competition does not take place in a vacuum. In order to compete vigorously, one needs information. There are real benefits to legitimate information sharing. Information
- [Inadequacy of law in the digital age](https://werksmans.com/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 and political institutions and structures are equipped, or have developed sufficiently, to deal with the ethical and legal challenges that these advancements have brought and are ever more rapidly
- [The importance of trade mark and domain name registration](https://werksmans.com/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 ending with .Africa will be granted on a first come first serve basis when general availability opens 3 July 2017. The importance of registering domain names for trade mark
- [Private dispute resolution – on the rise, and why not?](https://werksmans.com/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, but probably the best and least profiled of these is flexibility of approach – the sky is practically the limit. WHAT IS ADR? ADR stands for Alternative
- [Tax avoidance could be a tax trap](https://werksmans.com/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 loans to local or offshore trusts at low or zero rates of interest. The new provision – section 7C of the Act – deems the difference between the "official rate
- [The implementation of the BEPS multilateral instrument in South Africa](https://werksmans.com/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 its final reports in connection with its Action Plan, including its final report on Action 15 dealing with the development of a Multilateral Instrument to modify a host of
- [Employment Equity Act compliance](https://werksmans.com/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 increased drive towards enforcement of a designated employer’s obligations in terms of the Employment Equity Act No.55 of 1998 (“EEA”), may be related to the recent amendments to the
- [Sexual harassment: employers beware](https://werksmans.com/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 Act 55 of 1998 ("EEA"). COURT'S DECISION In the case of Liberty Group limited v Margaret Masango (07 March 2017) the Labour Appeal Court had to determine
- [Application for registration of a bargaining council: private security sector](https://werksmans.com/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 council by the National Bargaining Council for the Private Security Sector ("Applicant"). The included definition of 'private security sector' is as follows: "The sector in which the employers and
- [Motor industry bargaining council: extension to non-parties](https://werksmans.com/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 amended, ("LRA") the Main Agreement for the Motor Industry Bargaining Council has been extended to non-parties for the period 7 April 2017 until 31 August 2019. Should you require
- [Employment of foreigners](https://werksmans.com/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 no documents, instead of focusing on prosecution of undocumented employees. He warned businesses and companies that workplace inspections will be increased and that penalties for employing undocumented foreigners will
- [Company directorship-declaring directors delinquent when trading a company in insolvent circumstances](https://werksmans.com/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 South African companies need to be fully aware of the reckless trading provisions applicable to them in terms of the 2008 Companies Act ("the Act"). INTRODUCTION Reckless
- [Merger thresholds in Swaziland and Tanzania – absence of a local Nexus?](https://werksmans.com/merger-thresholds-in-swaziland-and-tanzania-absence-of-a-local-nexus/) - It is standard practice for competition regulators, empowered by legislation to monitor and evaluate mergers, to set minimum financial or market share thresholds which must be met or exceeded before parties to a merger are required to notify those mergers for approval. INTRODUCTION The International Competition Network's ("ICN"), Recommended Practices for Merger Notification
- [Exchange control relaxations for Intellectual Property transactions](https://werksmans.com/exchange-control-relaxations-for-intellectual-property-transactions/) - INTRODUCTION In the recent 2017 Budget Review, the National Treasury proposed the relaxation of the exchange control restrictions surrounding certain Intellectual Property ("IP") transactions as follows: "Government proposes that companies and individuals no longer need the Reserve Bank's approval for standard intellectual property transactions. It is also proposed that the "loop structure" restriction for
- [Yet another dawn raid – but do you know all the facts?](https://werksmans.com/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 and Gauteng Divisions, which prevented edible cooking oils and baking fats manufacturers accused of cartel conduct, from stopping the Commission's investigation against them.[1] INTRODUCTION Both DH Brothers
- [From number plates to school uniforms: beware of exclusive contracts.](https://werksmans.com/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 distributors or customers. Discounts and rebates in particular are common commercial practice and a significant way in which suppliers compete on prices. INTRODUCTION Exclusionary arrangements refer to
- [.africa domain is here](https://werksmans.com/africa-domain-is-here/) - The long awaited .AFRICA domain name extension will be available as of 3 April 2017 and will be managed by ZACR (ZA central registry). This is an exciting prospect for businesses and individuals affiliated with Africa to identify themselves in a global audience. The launch has been anticipated for several years though delayed as a
- [The National Minimum Wage: a further update](https://werksmans.com/the-national-minimum-wage-a-further-update/) - On 8 February 2017, Cyril Ramaphosa, the Deputy President of South Africa, disclosed preliminary details regarding the implementation of a national minimum wage ("NMW"). This came after social partners, representatives from government, business, the community sector and two of the three labour federations represented at NEDLAC signed agreements on 7 February 2017 which provide for,
- [Mirror, mirror on the wall, who’s the fairest of them all? Most favoured nation clauses from a Competition Law perspective.](https://werksmans.com/mirror-mirror-on-the-wall-whos-the-fairest-of-them-all-most-favoured-nation-clauses-from-a-competition-law-perspective/) - Most favoured nation ("MFN") clauses, also known as price parity clauses or most favoured customer clauses, which appear in vertical agreements between suppliers and distributors, generally consist of an undertaking by the supplier to offer the distributor a price or rate no higher than the lowest price offered to other distributors. INTRODUCTION The
- [Are your trade marks filed properly? Key issues to consider in trade mark protection.](https://werksmans.com/are-your-trade-marks-filed-properly-key-issues-to-consider-in-trade-mark-protection/) - We refer to the article in the February 2017 edition of LegalWerks which dealt with the dangers of choosing a descriptive trade mark. In this article we deal with the another trade mark case between YUPPIECHEF and YUPPIE GADGETS in which the Supreme Court of Appeal (“SCA”) again looked at the nature of the mark
- [Judging a book by its cover price - apple and the great e-book swindle](https://werksmans.com/judging-a-book-by-its-cover-price-apple-and-the-great-e-book-swindle/) - INTRODUCTION No one can deny that since Apple launched its first iPod in October 2001, the company has seen enormous growth in product sales, revenue and in its ever growing support base. This has been achieved through innovation, elegant design and the pursuit of simplicity. Over time Apple has made headlines illustrating just how
- [2017/2018 budget proposals – Tax overview](https://werksmans.com/2017-2018-budget-proposals-tax-overview/) - INTRODUCTION While the increase in the maximum marginal rate for individuals to 45% was widely forecast, with trusts being taxable at the same flat rate, the increase in the rate of dividends tax from 15% to 20% (and concomitantly, the same increase in the effective tax rate of foreign dividends) came like a bolt
- [Illegal mining, the 'zama zamas' and the Law](https://werksmans.com/illegal-mining-the-zama-zamas-and-the-law/) - Illegal mining is a critical challenge in the South African mining and minerals industry. The South African government previously recognised the potential of small scale mining operations to increase the portfolio of minerals being produced and possibly lead to the exploitation of resources that would otherwise be sterilised.[1] In 1998, the then Department of Minerals
- [Contractors, copyright and computer programs - what should business owners know?](https://werksmans.com/contractors-copyright-and-computer-programs-what-should-business-owners-know/) - by Danelle Plaatjies, and, Monique le Roux, Candidate Attorneys. Reviewed by, Jacques van Wyk, Director and Janine Hollesen, Head of Intellectual Property A common misconception about copyright There appears to be a common misconception that copyright created by third-party consultants will always vest in the instructing party who also generally pays for the creation thereof.
- [The Constitutional Court has tightened the noose on the doctrine of common purpose.](https://werksmans.com/the-constitutional-court-has-tightened-the-noose-on-the-doctrine-of-common-purpose/) - by Sandile July, Director, Sandile Tom, Director and, Benedict Ngobeni, Candidate Attorney Doctrine of common purpose The principles underpinning the doctrine of common purpose came into the spotlight in the employment and labour landscape. In the recent judgment by the Constitutional Court ("CC") in National Union of Metalworkers of South Africa obo Aubrey Dhludhlu and
- [Breaking set stone - exceptional circumstances and the variation of Competition orders](https://werksmans.com/breaking-set-stone-exceptional-circumstances-and-the-variation-of-competition-orders/) - by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of the Competition Law Practice, and Siyabonga Galela, Candidate Attorney The Competition Tribunal According to the ancient Japanese philosophy of wabi-sabi, nothing in life is interminable; instead, all is but transient, for even set stone can be broken. In this article,
- [Not every crime is a cybercrime - The dichotomy of cyber-enabled crimes and cybercrimes](https://werksmans.com/not-every-crime-is-a-cybercrime-the-dichotomy-of-cyber-enabled-crimes-and-cybercrimes/) - The global adoption of digital technology is rapidly increasing, which increase has caused an evolution in criminal behaviour resulting in the increased occurrence of cyberattacks on businesses and individuals respectively.[1] The term cybercrime is used more and more often and indeed cybercrime has become the umbrella term used to describe two closely linked, but distinct
- [When must your medical scheme pay for treatment?](https://werksmans.com/when-must-your-medical-scheme-pay-for-treatment/) - by Helen Michael, Director and, Raisah Mahomed, Candidate Attorney On 26 August 2022, the High Court in Pretoria handed down judgment in an application concerning a three-year old boy suffering from a rare genetic disease called Mucopolysaccharidosis Type II ("MPS II") - also known as Hunters Syndrome (M De Wet v MediHelp Medical Scheme, Case
- [Bid rigging vs price fixing: Clarification on when you will be deemed to have exited a cartel](https://werksmans.com/bid-rigging-vs-price-fixing-clarification-on-when-you-will-be-deemed-to-have-exited-a-cartel/) - Understanding what is exactly required to demonstrate that a company has distanced itself from a cartel is undoubtedly of great importance. The Competition Appeal Court (CAC) has now provided clarity on this issue in the matter of Cross Fire Management (Pty) Ltd v Competition Commission of South Africa (192/CACFeb21) [2022] ZACAC. Bid Rigging vs Price
- [Section 12A(3)(e) - Is it really all about promoting HDP or worker ownership?](https://werksmans.com/section-12a3e-is-it-really-all-about-promoting-hdp-or-worker-ownership/) - by Graeme Wickins, Director Section 12A(3)(e) of the Competition Act Much has been written about the hyper-focus the Competition Commission (Commission) is currently applying to the public interest aspects of merger control, particularly the recent addition of section 12A(3)(e) of the Competition Act which requires the Commission to consider the effect that the merger will
- [Product recalls in South Africa](https://werksmans.com/product-recalls-in-south-africa/) - by Helen Michael, Director and, Raisah Mahomed, Candidate Attorney Product recalls in South Africa and globally have attracted much attention recently. In 2021, Phillips issued a global voluntary recall in respect of certain of its sleep apnoea machines. The machines include a foam component that, when broken down, has the propensity to cause harm to
- [When is CTC not available as CTC?](https://werksmans.com/when-is-ctc-not-available-as-ctc/) - What is contributed tax capital? CTC - or to give it its full name, contributed tax capital - is an artificial or notional designation created for the purposes of the Income Tax Act, 1962 (the Act) and is, roughly speaking, akin to share capital for other legal and accounting purposes. The definition and notion of
- [And we dare to ask again - whose right is it to enforce a director's fiduciary duties?](https://werksmans.com/and-we-dare-to-ask-again-whose-right-is-it-to-enforce-a-directors-fiduciary-duties/) - by Tandiwe Matshebela, Director and, Koketso Rapoo, Candidate Attorney The Companies Act It goes without saying that a director is the mind and sounding board of a company. In terms of section 66 of the Companies Act 71 of 2008 (Companies Act), the business and affairs of the company must be managed by or under
- [To 2030 and beyond: Can embracing AI technologies help South Africa reach the National Development Plan's visions for the ICT sector?](https://werksmans.com/to-2030-and-beyond-can-embracing-ai-technologies-help-south-africa-reach-the-national-development-plans-visions-for-the-ict-sector/) - Once upon a time, the National Planning Commission published the National Development Plan and set the following long term goals for the ICT sector: "By 2030, government will make extensive use of ICT to engage with and provide services to citizens. All South Africans will be able to use core ICT services and enjoy access
- [Changes to facilitate joint audits by SARS in the pipeline](https://werksmans.com/changes-to-facilitate-joint-audits-by-sars-in-the-pipeline/) - by Nicholas Fairbairn, Associate and, Kelly Sease, Candidate Attorney (Reviewed by Doelie Lessing) Cross-border transactions As a result of globalisation and the digitalisation of the economy, the number of South African taxpayers who engage in cross-border transactions and tax planning is on the rise. The South African Revenue Service ("SARS") is forever on the lookout
- [Keep Calm - We are Coming to the Rescue !!](https://werksmans.com/keep-calm-we-are-coming-to-the-rescue/) - Business rescue was introduced into our law with the enactment of Chapter 6 of the Companies Act 71 of 2008 ("Companies Act"). In essence, business rescue proceedings are aimed at facilitating the rehabilitation of financially distressed companies, in a manner that balances the rights and interests of all relevant stakeholders. This objective is achieved by,
- [Offers of employment - don’t take risks](https://werksmans.com/offers-of-employment-dont-take-risks/) - by Jacques van Wyk, Director, Michiel Heyns, Senior Associate, and Danelle Plaatjies, Candidate Attorney Summary What constitutes an offer and acceptance for the conclusion of a contract of employment? Offers of employment - Facts In the case of Ntsunguzi / M2 Bio Food and Beverage (Pty) Ltd [2022] 6 BALR 629 (CCMA), following a series
- [Resignation terminates contract of employment and cannot be withdrawn, unless employer consents thereto](https://werksmans.com/resignation-terminates-contract-of-employment-and-cannot-be-withdrawn-unless-employer-consents-thereto/) - by Jacques van Wyk, Director, Michiel Heyns, Senior Associate, and Kelly Sease, Candidate Attorney Withdrawal of an employee's resignation Whether the employer consented to the withdrawal of an employee's resignation or not. Summary Once an employee has resigned the employee cannot withdraw the resignation unless the employer consents thereto. This consent must be given prior
- [Protest Code: Protest Action to Promote or Defend Socio-Economic Interests of Workers](https://werksmans.com/protest-code-protest-action-to-promote-or-defend-socio-economic-interests-of-workers/) - On 2 September 2022, the Executive Director of the National Economic Development and Labour Council ("NEDLAC") issued the 'Code of Good Practice: Protest Action to Promote or defend Socio-Economic Interests of Workers' ("Protest Code"), in terms of section 203(1) of the Labour Relations Act 66 of 1995 ("LRA"). The Purpose of the Protest Code The
- [Article of interest - a curious lacuna in our law on prescribed rates of interest](https://werksmans.com/article-of-interest-a-curious-lacuna-in-our-law-on-prescribed-rates-of-interest/) - Until the introduction of the Judicial Matters Amendment Act 2015 ("the Amendment") which took effect on 8 January 2016, the prescribed rate of interest was gazetted in terms of the Prescribed Rate of Interest Act, 55 of 1975 ("the Act"). For the period 1993 to 31 July 2014 that rate was 15.5% per annum and
- [Invitation for written representations regarding the national minimum wage](https://werksmans.com/invitation-for-written-representations-regarding-the-national-minimum-wage/) - by Jacques van Wyk, Director, Andre van Heerden, Senior Associate, and Danelle Plaatjies, Candidate Attorney On 9 September 2022, the Chairperson of the National Minimum Wage Commission (Commission) published, by way of the Government Gazette (GG), an invitation for written representations. This invitation is in response to a possible adjustment to the current national minimum wage (NMW),
- [Expropriation bill set to face constitutional challenge | Bulelwa Mabasa | SAFm](https://werksmans.com/expropriation-bill-set-to-face-constitutional-challenge-bulelwa-mabasa-safm/) - Bulelwa Mabasa – Head of Land Reform Head of Land Reform and Tenure, Bulelwa Mabasa, joins SAFm to discuss the Expropriation Bill. Bulelwa Mabasa says ‘we are going nowhere slowly’ and doesn’t believe the bill will be a cure for all defects in the land reform project. Click below to listen to the interview https://werksmans.com/wp-content/uploads/2025/04/Expropriation-bill-set-to-face-constitutional-challenge-Bulelwa-Mabasa-SAFm.mp3
- [Update: agreement on the National Minimum Wage signed](https://werksmans.com/update-agreement-on-the-national-minimum-wage-signed/) - On 8 February 2017, Fin24 reported that according to the Federation of Unions of South Africa, an agreement had been reached, and signed, between parties at the National Economic Development and Labour Council ("NEDLAC") regarding the imposition of a national minimum wage. It has been reported that the agreement was signed by, among others, the
- [Small mergers in digital markets are on the Competition Commission's radar](https://werksmans.com/small-mergers-in-digital-markets-are-on-the-competition-commissions-radar/) - by Dominique Arteiro, Director, and Sandiso Dhlomo, Candidate Attorney Guidelines on small merger notification The Competition Commission of South Africa (Commission) recently published its final guidelines on small merger notification (Final Guidelines), approximately sixteen months after the Commission issued a draft for public comment. The Final Guidelines expand on the types of small mergers to
- [When the walls fall in](https://werksmans.com/when-the-walls-fall-in/) - Ring-a-round the rosie, A pocket full of posies, Ashes! Ashes! We all fall down The Information Regulator has officially made her presence known. The Enforcement Committee has been established and we have noted various announcements from the Office of the Information Regulator as to current actions underway. But what does this mean to each and
- [The Eastern Cape High Court Judgment that created seismic waves](https://werksmans.com/the-eastern-cape-high-court-judgment-that-created-seismic-waves/) - by Kyra South, Senior Associate and Thembelihle Tshabalala, Candidate Attorney. Reviewed by Chris Stevens, Director and Head of Mining and Resources practice. The much-anticipated judgment of Sustaining the Wild Coast NPC and Others v The Minister of Mineral Resources and Energy and Others under case number 3491/2021 was handed down by Judge President Mbenege in
- [Fixed term employment and procedural fairness in large scale retrenchments](https://werksmans.com/fixed-term-employment-and-procedural-fairness-in-large-scale-retrenchments/) - ISSUE(S) Whether the employees' fixed term contracts had terminated by operation of law having regard to section 196B of the LRA. Whether the employer should be compelled to reinstate dismissed employees in terms of section 189A (13) of the Labour Relations Act 66 of 1995 ("LRA") pending a fair dismissal procedure. COURT'S DECISION
- [Legislative update](https://werksmans.com/legislative-update/) - DRAFT CODE OF GOOD PRACTICE ON EQUAL PAY FOR WORK OF EQUAL VALUE The Minister of Labour published the Draft Code of Good Practice on equal pay for work of equal value ("Draft Code") on the 29th of September 2014. The Draft Code is available for public comment until the 31st of October 2014.
- [Further update on the Special Voluntary Disclosure Programme in respect of offshore assets and income](https://werksmans.com/further-update-on-the-special-voluntary-disclosure-programme-in-respect-of-offshore-assets-and-income/) - INTRODUCTION In terms of the Explanatory Memorandum on the Special Voluntary Programme ("SVDP"), the SVDP will be deemed to have come into effect on 1 October 2016 and will apply for a limited window period of eleven months up to 31 August 2017. The success of the current Voluntary Disclosure Programme is attributable, amongst
- [Top ten risks for creditors of companies going into Business Rescue in 2017](https://werksmans.com/top-ten-risks-for-creditors-of-companies-going-into-business-rescue-in-2017/) - Continued pressure on business and world economies appears to continue into 2017. In South Africa, 2016 has seen several companies going out of business and with many turning to the South African Business Rescue procedure as a possible alternative to liquidation. Chapter 6 of the Companies Act No. 73 of 2008 ("the 2008 Companies Act")
- [The applicability of Rule 46A to juristic persons and trusts: Have we been getting it wrong all along? Yes- says the SCA](https://werksmans.com/the-applicability-of-rule-46a-to-juristic-persons-and-trusts-have-we-been-getting-it-wrong-all-along-yes-says-the-sca/) - by Tandiwe Matshebela, Director, Neo Kgame, Senior Associate and, Zoe Austen, Candidate Attorney Since Rule 46A of the Uniform Rules came into operation on 22 December 2017, South African Courts have recurrently held that the procedural protection afforded under Rule 46A does not apply to property owned by a company, close corporation or trust, even
- [Private Public Partnerships and the inescapable ties of Section 217](https://werksmans.com/private-public-partnerships-and-the-inescapable-ties-of-section-217/) - by Sarah Moerane, Director and, Koketso Rapoo, Candidate Attorney "contracts for goods and services" - A phrase that, on the face of it, seems simple enough to trigger the obligations placed on the state in terms of section 217(1) of the Constitution of South Africa, 1996 (the Constitution) to, when "contracting for goods and services"
- [Loadshedding - what should employers know?](https://werksmans.com/loadshedding-what-should-employers-know/) - by Jacques Van Wyk, Director, Michiel Heyns, Senior Associate and Danelle Plaatjies, Candidate Attorney The recent announcement of the resumption of load shedding throughout the country may have severe implications for business and labour relations. Employers and employees should know their rights and duties during periods of interrupted power supply. Employers need to ensure that
- [The meaning of 'company' and its implications for section 75 of the Companies Act](https://werksmans.com/the-meaning-of-company-and-its-implications-for-section-75-of-the-companies-act/) - by Cari Cole-Morgan, Director, Julian van Niekerk, Director and Kiera Bracher, Candidate Attorney The meaning of 'company' It now appears to be settled law that, for purposes of the Companies Act No 71 of 2008 (Act), the term 'company' does not include a foreign company. By 'foreign company', we mean a company incorporated in a
- [Shell judgment underscores need for clarity in public consultation](https://werksmans.com/shell-judgment-underscores-need-for-clarity-in-public-consultation/) - by Thomas Karberg, Associate. Reviewed by Athi Jara, Director On 1 September 2022, the Eastern Cape Judge President Selby Mbenenge handed down a landmark judgement which cements the importance of public consultation in South Africa - and the potentially catastrophic consequences of improper consultation on businesses. The ruling was deservedly welcomed in local and international
- [Reinstatement as a primary remedy](https://werksmans.com/reinstatement-as-a-primary-remedy/) - By Jacques Van Wyk, Director, Michiel Heyns, Senior Associate and, Kelly Sease, Candidate Attorney Summary This case reiterated the principle that reinstatement is the primary remedy available to employees who have been found to have been substantively unfairly dismissed, unless a recognised exception is found to be present. There was none in the present case.
- [A reminder to employers: Duties in relation to recovering funds misappropriated by employees](https://werksmans.com/a-reminder-to-employers-duties-in-relation-to-recovering-funds-misappropriated-by-employees/) - by Jacques Van Wyk, Director, Nasheetah Smith, Senior Associate, and Danelle Plaatjies, Candidate Attorney When employees are found guilty of misappropriating funds in the workplace, employers are tasked with questions concerning the recovery of the lost funds. However, an issue which is often overlooked, is the employer's responsibilities in terms of Prevention and Combating of
- [Information Exchange and Collusion: Revised (and Trimmed) Draft Guidelines](https://werksmans.com/information-exchange-and-collusion-revised-and-trimmed-draft-guidelines/) - by Rudolph Raath, Director and Mmamoloko Buthane, Candidate Attorney On 23 September 2022 the Competition Commission of South Africa (Commission) published its revised draft "Guidelines on the Exchange of Competitively Sensitive Information between Competitors under the Competition Act no 89 of 1998"[1] (2022 Draft Guidelines). These follow the first set of draft guidelines, published in
- [The FSCA declares crypto assets as financial products](https://werksmans.com/the-fsca-declares-crypto-assets-as-financial-products/) - by Kyra South, Senior associate, and Janice Geel, Candidate Attorney Reviewed by Natalie Scott, Director in Banking and Finance and Head of Sustainability Declared Crypto Assets as Financial Products On 19 October 2022, the Financial Sector Conduct Authority (FSCA) published General Notice 1350 of 2022 in Government Gazette 47334 (Notice), wherein "crypto assets" were declared
- [Environmental legal compliance evaluations, an indispensable risk management tool](https://werksmans.com/environmental-legal-compliance-evaluations-an-indispensable-risk-management-tool/) - The awareness of environmental harms being inflicted by industry is continually growing due, firstly, to the ever increasing visual presence of pollution and, secondly, due to the ease of access to information. INTRODUCTION This reality has led to a proliferation in the enactment of environmental legal compliance obligations, and an upsurge in the
- [Telecommunications Media and Technology Africa Quarterly e Bulletin](https://werksmans.com/telecommunications-media-and-technology-africa-quarterly-e-bulletin/) - This e-bulletin highlights key legislative and regulatory developments in the technology, media and telecommunications sectors in sub-Saharan Africa. This issue covers the period 16 July 2022 to 15 October 2022 and includes developments from Eswatini, Ghana, Kenya, Malawi, Mauritius, Mozambique, Namibia, Nigeria, Rwanda, Sierra-Leone, South Africa, Seychelles, Tanzania, Uganda, Zambia and Zimbabwe. The May 2022
- [The right of access to information vs. The right to privacy](https://werksmans.com/the-right-of-access-to-information-vs-the-right-to-privacy/) - The right of access to information is a unique right in the Constitution of the Republic of South Africa, 1996 as it places an obligation on both public and private bodies to allow access to records held by them.[1] To this end, the Promotion of Access to Information 2 of 2000 (PAIA) was enacted to
- [Code of conduct of the Banking Association of South Africa: Finally approved](https://werksmans.com/code-of-conduct-of-the-banking-association-of-south-africa-finally-approved/) - We have, on multiple occasions, published articles on the Banking Association of South Africa's (BASA) code of conduct. On 11 June 2021, the Information Regulator published a notice stating that it was in receipt of a code of conduct from BASA. This notice invited affected persons to provide comments to the code of conduct. Read
- [SARS v Wiese provides clarity on the collection of tax debt from third parties](https://werksmans.com/sars-v-wiese-provides-clarity-on-the-collection-of-tax-debt-from-third-parties/) - By Kyle Fyfe, Director Tax Administration Act In a recent judgment of the High Court in a claim for declaratory relief against Dr Christo Wiese, to declare him liable to pay an amount of R216.6 million the court interpreted the meaning of the term "tax debt" when used in the context of the provisions for
- [Characterisation: Much ado about nothing](https://werksmans.com/characterisation-much-ado-about-nothing/) - "Characterisation is the biggest problem of our time" according to the Competition Commission's (Commission) Cartels Division Manager's statement at the 16th Annual Competition Law, Economic & Policy Conference (Conference). A statement that was followed by a definitive "we need to get rid of it". These statements, reflecting strong conviction, are not surprising given the apparent
- [Combatting climate change, one block at a time…](https://werksmans.com/combatting-climate-change-one-block-at-a-time/) - Blockchain, the decentralised database that stores information electronically on a computer network, is synonymous with using large quantities of electricity to effect transactions on the database. [1] The database is not stored on a single terminal but rather on multiple terminals of high-powered computers, referred to as nodes, with each node distributing updated information on
- [When can a trade union operate outside the ambit of its constitution?](https://werksmans.com/when-can-a-trade-union-operate-outside-the-ambit-of-its-constitution/) - This question was answered by the Labour Appeal Court recently in National Union of Metalworkers of SA & others v Afgri Animal Feeds (Pty) Ltd (2022) 43 ILJ 1998 (LAC). NUMSA lodged an appeal with the LAC after the Labour Court had decided in favour of Afgri Animal Feeds (AAF). The case involved NUMSA's right
- [Dealing with unions in the workplace - a multi-layered relationship](https://werksmans.com/dealing-with-unions-in-the-workplace-a-multi-layered-relationship/) - Unions worldwide play an essential role in protecting the rights and interests of employees, particularly at lower income levels where individuals may not have recourse to legal services and representation. Right of unions to exist Correcting the power imbalance between employer and employee is often a critical function performed by unions. As such, the right
- [Laws in the Pipeline - Curbing the Construction Mafia](https://werksmans.com/laws-in-the-pipeline-curbing-the-construction-mafia/) - Introduction The Critical Infrastructure Protection Act, 8 of 2019 ("CIPA") and the National Infrastructure Plan ("NIP"), to be gazetted under the National Infrastructure Development Act, 23 of 2014, are two pieces of legislation that could be essential in the fight against, and the prevention of, construction site extortion syndicates, colloquially known as the 'construction mafia'.
- [The importance of witness testimony when seeking to rely on electronic evidence](https://werksmans.com/the-importance-of-witness-testimony-when-seeking-to-rely-on-electronic-evidence/) - by Jacques van Wyk, Director, Andre van Heerden, Senior Associate and Danelle Plaatjies, Candidate Attorney Issue Whether the reliance on a data message, in the form of a telematics report, in the absence of a suitable witness being called to attest to its contents, meaning and reliability was irregular and therefore rendered the award handed down
- [Dismissal as an appropriate sanction for workplace bullying](https://werksmans.com/dismissal-as-an-appropriate-sanction-for-workplace-bullying/) - by Jacques van Wyk, Director, Michiel Heyns, Senior Associate and Kelly Sease, Candidate Attorney Workplace bullying The dismissal of an employee for bullying his subordinates in the workplace on the basis of gender, was found to be procedurally and substantively fair. Gender-based bullying Whether or not the conduct of an employee amounted to gender-based bullying
- [The Status of Business Rescue in South Africa - October 2022](https://werksmans.com/the-status-of-business-rescue-in-south-africa-october-2022/) - by Dr. Eric Levenstein, Director, and Head of Insolvency and Business Rescue and Brandon Starr, Candidate Attorney 2022 stated off with positive sentiment all round. Covid numbers had drastically reduced, masks were coming off in South Africa and we were all hoping for business as usual. As the threat of Covid-19 gradually receded, economies looked
- [Cybercrime and Data Privacy: A report from South Africa](https://werksmans.com/cybercrime-and-data-privacy-a-report-from-south-africa/) - Head of Regulatory, Ahmore Burger-Smidt recently joined the Data Privacy Detective Podcast. Cybercrime is extensive and growing in Africa, similar to trends evident in the rest of the world. Cyber-criminals employ increasingly sophisticated phishing attacks and business email compromise schemes and have expanded with cryptocurrency attacks and direct entry into data storage and other technology
- [Technology and Innovation Digital Campaign](https://werksmans.com/technology-and-innovation-digital-campaign/) - In today’s fast-paced digital era, technology and innovation are integral to the success of businesses. They unlock new possibilities, enhance operational efficiency, and provide a competitive edge. At Werksmans Attorneys’ we recently launched a new area of practice, Technology & Innovation. As businesses navigate the ever-evolving digital landscape, our team of legal specialists are here
- [Unregistered and illegal sim cards](https://werksmans.com/unregistered-and-illegal-sim-cards/) - Ahmore Burger-Smidt – Head of Regulatory SAfm Learn about the issue of unregistered SIM cards and its impact on investigations into crimes, particularly terrorism cases. Find out why it is easy to obtain an unregistered SIM card and why cellphone operators should be responsible for ensuring registered SIM cards are used. Ahmore talks about the
- [Bafana Ntuli on Impact of Competition Commission’s merger guidelines on private equity exit transactions](https://werksmans.com/bafana-ntuli-on-impact-of-competition-commissions-merger-guidelines-on-private-equity-exit-transactions/) - Bafana Ntuli joins Classic Business with Michael Avery on Fine Music Radio to discuss the impact of the COMESA Competition Commission’s merger guidelines on private equity exit transactions. https://werksmans.com/wp-content/uploads/2025/04/Bafana-Ntuli-on-Impact-of-Competition-Commission.mp3
- [Dr. Eric Levenstein on 702](https://werksmans.com/dr-eric-levenstein-on-702/) - Dr. Eric Levenstein, Director and the Head of the Insolvency and Business Rescue practice, discusses the increasing trend of companies choosing business rescue as an option, highlighting cases where early action could have saved companies from being lost. https://werksmans.com/wp-content/uploads/2025/04/Eric-Levenstein-on-702.mp3
- [Dr. Eric Levenstein on Classic Business with Michael Avery](https://werksmans.com/dr-eric-levenstein-on-classic-business-with-michael-avery/) - Dr. Eric Levenstein speaks to Michael Avery on the recent Mashwayi Projects (Pty) Ltd v Wescoal Mining (Pty) Ltd judgment and the legal implications of this significant ruling. https://werksmans.com/wp-content/uploads/2025/04/Dr-Eric-Levenstein-on-Classic-Business-with-Michael-Avery.mp3
- [Eric Levenstein on Moneyweb SAFM](https://werksmans.com/eric-levenstein-on-moneyweb-safm/) - Eric Levenstein – Head of Insolvency & Business Rescue Dr. Eric Levenstein, Director and Head of Insolvency and Business Rescue discusses the trends emerging in the business rescue world and the possibility of businesses being liquidated despite efforts to rescue them. https://werksmans.com/wp-content/uploads/2025/04/Eric-Levenstein-on-Moneyweb-SAFM.mp3
- [Competition Law Treatment of Joint Ventures in the COMESA region](https://werksmans.com/competition-law-treatment-of-joint-ventures-in-the-comesa-region/) - The Mergers Working Group (MWG) of the Antitrust Committee of the International Bar Association (IBA) has formulated the first multi-jurisdictional survey dedicated exclusively to the competition law treatment of joint ventures across 22 jurisdictions. The survey considers critical issues and questions that businesses and their advisers face when dealing with Joint Venture transactions in light
- [Tsunami of a Penalty as "Lucky Monopolist" gets Unlucky](https://werksmans.com/tsunami-of-a-penalty-as-lucky-monopolist-gets-unlucky/) - by Rudolph Raath, Director and Nokwanda Zondi, Candidate Attorney In a rare display of its utmost displeasure, the Competition Tribunal ("Tribunal") this year imposed the maximum penalty for first time offenders of the Competition Act[1] on Tsutsumani Business Enterprise CC ("Tsutsumani"), being 10% of its total annual turnover. Tsunami of a Penalty as "Lucky Monopolist"
- [Riding Off Into The Sunset - Labour Appeal Court Settles Questions On Retirement Age](https://werksmans.com/riding-off-into-the-sunset-labour-appeal-court-settles-questions-on-retirement-age/) - by Kerry Fredericks, Director There is no specified retirement age for employees in terms of South African law. Employers are, however, entitled to rely on a consistent, agreed upon retirement age which is often specified in either an employee's contract of employment or in terms of an employer's internal policies. The usual retirement age may
- [A double-edged sword: revenge porn and the Cybercrimes Act](https://werksmans.com/a-double-edged-sword-revenge-porn-and-the-cybercrimes-act/) - Recently, South Africa has been experiencing a barrage of cyber-attacks and/or cyber-related/enabled crimes, with many individuals and organisations being caught flat-footed. [1] In 2021, South Africa was ranked third in the world for having the highest number of cybercrime victims.[2] Accordingly, cyber security is a growing concern, especially in the context of the increasing ubiquity
- [Payment of Prescribed Minimum Benefits](https://werksmans.com/payment-of-prescribed-minimum-benefits/) - In the case of Keyhealth Medical Scheme v the Honourable Mr Justice SM Ngoepe N.O, the Registrar of Medical Schemes and William Reed, Case Number: A203/2021, a full bench of the Pretoria High Court held that prescribed minimum benefits ("PMBs") must not be paid from a member's personal medical savings but must be paid from
- [Whistleblowing in South Africa - employers' obligations](https://werksmans.com/whistleblowing-in-south-africa-employers-obligations/) - Whistleblowing is an important tool in identifying, preventing and eradicating criminal conduct, irregular activities, and other improprieties in both the public and private sectors. In the Judicial Commission of Inquiry into State Capture Report (Part 1), Chief Justice Raymond Zondo noted that whistle-blowers are amongst the most effective weapons against corruption. He remarked that: "Recent
- [Reviewing and updating your privacy notices](https://werksmans.com/reviewing-and-updating-your-privacy-notices/) - Transparency is one of the key principles for the lawful processing of personal information worldwide. If you collect and use people's personal information, you have most probably published a privacy notice that lets people know how you handle their personal information. However, privacy notices are not once off documents that you draft and put away
- [Should there be limits on the extent to which personal information of a company's shareholders are available to the public?](https://werksmans.com/should-there-be-limits-on-the-extent-to-which-personal-information-of-a-companys-shareholders-are-available-to-the-public/) - Section 26(2) of the Companies Act 71 of 2008 ("Companies Act") provides that any person has the right to access a company's records, including, amongst others, the records in respect of the company's directors and securities register. The Companies Act prescribes that these records must contain a person's full names, address, identity number, nationality and
- [Too good to be true? What about your privacy?](https://werksmans.com/too-good-to-be-true-what-about-your-privacy/) - It is common cause that the tech-bug has bitten us all (almost), and the evolution of the mobile application ("mobile app/app") industry is but a symptom of the world's newly found and embraced technophilia. Since the initial 'app-craze' of the early 2010s, the mobile-app spectrum has grown to include a variety of not only social
- [Considering the competition law implication of crypto currency and regulation one ought to say - Competition Commission start running!](https://werksmans.com/considering-the-competition-law-implication-of-crypto-currency-and-regulation-one-ought-to-say-competition-commission-start-running/) - The cryptocurrency sector is innovative and fast-moving. Cryptocurrency and crypt exchanges are attracting a lot of focus also as Crypto exchanges have achieved enormous success. But with success (and scale) comes competition law scrutiny, particularly in a sector where the economic fundamentals and emerging market data suggests that it may be trending towards concentration.[1] In
- [Triumph for liquidators: Courts setting aside and declaring specious transactions void](https://werksmans.com/triumph-for-liquidators-courts-setting-aside-and-declaring-specious-transactions-void/) - by Tandiwe Matshebela, Director, Tebello Mosoeu, Associate, and Zoë Austen, Candidate Attorney Added to the liquidators' responsibility and duty to investigate the financial affairs of the liquidated company as well as possible offences committed by the erstwhile directors thereto, the Insolvency Act 24 of 1936 (Insolvency Act) and Companies Act 71 of 2008 read with
- [Half-baked challenge by employees dismissed for testing positive for cannabis at work](https://werksmans.com/half-baked-challenge-by-employees-dismissed-for-testing-positive-for-cannabis-at-work/) - In a 2018 judgement by the Constitutional Court, the highest Court in the land effectively decriminalised the private use, cultivation and possession of marijuana by declaring that specific provisions under the Drugs and Trafficking Act No.140 of 1992 and the Medicines and Related Substance Control Act No. 101 of 1965 were inconsistent with the right
- [The test for merger specificity restated and endorsed](https://werksmans.com/the-test-for-merger-specificity-restated-and-endorsed/) - As part of the merger notification process, merging parties must disclose whether the merger will or even has caused job losses - the protection of jobs is a significant public interest mandate under the Competition Act 89 of 1998 (Competition Act). However, job losses caused for operational reasons remain a matter to be dealt with
- [When is CTC not available as CTC?: Part 2](https://werksmans.com/when-is-ctc-not-available-as-ctc-part-2/) - In the September 2022 edition of Legal Weks we published an article titled "When is CTC not available as CTC" relating to the proposed amendment of the definition of "contributed tax capital" (CTC) as defined in section 1 of the Income Tax Act, 1962 (the Act). This is a follow-up article on the same topic. In
- [Crypto asset regulation gaining traction in South Africa](https://werksmans.com/crypto-asset-regulation-gaining-traction-in-south-africa/) - The Finance Minister, Enoch Godongwana published Government Notice 2800 of 29 November 2022 in Government Gazette 47596 ("Notice") to amend Schedules 1, 2 and 3 of the Financial Intelligence Centre Act 38 of 2001 ("FIC Act"). In terms of the Notice, several new entities have been classified as "accountable institutions" and accordingly included in Schedule 1
- [Ahmore Burger-Smidt joined Radio702 - A double-edged sword: revenge porn and the Cybercrimes Act](https://werksmans.com/ahmore-burger-smidt-joined-radio702-a-double-edged-sword-revenge-porn-and-the-cybercrimes-act/) - Ahmore Burger-Smidt – Head of Regulatory Ahmore Burger-Smidt joined Radio702 to discuss her article titled A double-edged sword: revenge porn and the Cybercrimes Act. Recently, South Africa has been experiencing a barrage of cyber-attacks and/or cyber-related/enabled crimes, with many individuals and organisations being caught flat-footed. In 2021, South Africa was ranked third in the world for having
- [Blackouts, further tariff hikes point to ‘inevitable’ financial distress for SA businesses this year](https://werksmans.com/blackouts-further-tariff-hikes-point-to-inevitable-financial-distress-for-sa-businesses-this-year/) - Rolling blackouts and the recently imposed 18.65% Eskom tariff hikes from April this year are likely to place additional stress on the South African consumer and businesses to the extent that further bankruptcies are “inevitable” according to Dr Eric Levenstein, Director and Head of the Insolvency and Business Rescue Practice Group at Werksmans Attorneys. “With
- [Vicarious liability for unfair discrimination - act now or regret later?](https://werksmans.com/vicarious-liability-for-unfair-discrimination-act-now-or-regret-later/) - by Sandile July, Head of Employment and Kwanele Diniso, Candidate Attorney It is trite that employers are required to act swiftly to deal with grievances of unfair discrimination in the workplace. The failure by the employer to do so may invite a claim of vicarious liability against them. In the recent labour court judgment in
- [Technology, Media and Telecommunications Africa Quarterly e-Bulletin](https://werksmans.com/technology-media-and-telecommunications-africa-quarterly-e-bulletin/) - This Africa Quarterly e-bulletin highlights key legislative and regulatory developments in the technology, media and telecommunications sectors in sub-saharan Africa. This issue covers the period 16 October 2022 to 15 January 2023 and includes developments from Eswatini, Ethiopia, Ghana, Kenya, Lesotho, Malawi, Mauritius, Mozambique, Namibia, Nigeria, Rwanda, Seychelles, South Africa, Tanzania, Uganda, Zambia and Zimbabwe.
- [ChatGPT: magic bullet or the beginning of the end?](https://werksmans.com/chatgpt-magic-bullet-or-the-beginning-of-the-end/) - Only two months ago, OpenAI Incorporated (OpenAI), an American artificial intelligence research laboratory, launched the Chat Generative Pre-trained Transformer, more commonly known as "ChatGPT". ChatGPT has taken the world by storm Since then, ChatGPT has taken the world by storm with users posing a vast array of questions on ChatGPT on a daily basis. However,
- [An exercise in restraint of trade agreements, what not to do!](https://werksmans.com/an-exercise-in-restraint-of-trade-agreements-what-not-to-do/) - by Bradley Workman‑Davies, Director, Kerry Fredericks, Director and Benedict Ngobeni, Candidate Attorney Restraint of trade agreements are characterised by the competing interests amongst them being the protection of employers' trade secrets and goodwill and the right of employees to choose their trade, occupation or profession freely. The Labour Court in Planet Fitness Proprietary Limited v Deon
- [Important legal changes that trustees must know](https://werksmans.com/important-legal-changes-that-trustees-must-know/) - Important Legal Changes It has been widely publicised that, in an attempt to head off grey-listing, there have been legal changes, two Acts were passed by Parliament late last year and have been gazetted in January. One of these Acts is the General Laws (Anti-Money Laundering and Combatting Terrorism Financing) Amendment Act, 2022. This Act
- [Cybercrimes and Business Interruption](https://werksmans.com/cybercrimes-and-business-interruption/) - by Darren Willans, Director, Sarah Passmoor, Director and Chiara Ferri, Candidate Attorney Cybercrimes and Business Interruption Cybercrimes and Business Interruption are becoming increasingly prevalent in the technological age, posing a potentially significant threat to companies, especially those with online business models. If your company stores significant customer data, you may be targeted for ransomware attacks,
- [An employer's obligation to comply with their own policies](https://werksmans.com/an-employers-obligation-to-comply-with-their-own-policies/) - by Jacques van Wyk, Director, Michiel Heyns, Senior Associate and, Kelly Sease, Candidate Attorney Issue Whether an employer is obliged to comply with its own policies and procedures when these policies and procedures are incorporated into an employee's contract of employment. POPIA, Employment Contracts and Policies and Procedures Summary In the case of Penxa v Beaufort
- [Severance pay is not always due when dismissed for operational requirements](https://werksmans.com/severance-pay-is-not-always-due-when-dismissed-for-operational-requirements/) - by Jacques van Wyk, Director, Michiel Heyns, Senior Associate and Danelle Plaatjies, Candidate Attorney Introduction Section 41(4) of the Basic Conditions of Employment Act 75 of 1997 (as amended) ("the BCEA") relieves an employer of the duty to pay severance pay in circumstances where the employee who is dismissed for operational requirements "unreasonably refuses to accept the
- [Legal position regarding the sedation and transport of wild animals](https://werksmans.com/legal-position-regarding-the-sedation-and-transport-of-wild-animals/) - by Neil Kirby, Head of Healthcare and Life Sciences, Helen Michael, Director and Slade van Rooyen, Candidate Attorney The escape, and alleged sedation and capture by a private security company, of a juvenile tigress in Edenvale, Gauteng (the Edenvale tigress) on 30 January 2023, has attracted significant media attention and public interest. The ensuing fallout
- [The Competition Commission turnips the heat on fresh produce - 10 things you should know](https://werksmans.com/the-competition-commission-turnips-the-heat-on-fresh-produce-10-things-you-should-know/) - by Dominique Arteiro, Director Fresh Produce Market Inquiry On 14 February 2023, the Competition Commission of South Africa (“Commission”) published in the Government Gazette the final Terms of Reference ("ToR") for its market inquiry into the Fresh Produce Market of South Africa ("FPMI”). In terms of section 43B(1)(a) of the Competition Act, No. 89 of 1998, as amended ("Competition
- [Mining for industries of the future](https://werksmans.com/mining-for-industries-of-the-future/) - In his opening address at the Investing in African Mining Indaba 2023, the Minister of Mineral Resources and Energy, Mr Gwede Mantashe, said that South Africa has renewed its frontier status as an exploration destination. He indicated that our country's exploration landscape is increasingly becoming more fertile for the discovery of world class deposits of
- [The Green Revolution - Africa's time is now](https://werksmans.com/the-green-revolution-africas-time-is-now/) - Green Revolution With over 6000 thousand delegates having descended at the CTICC in Cape Town for the annual Investing in Africa Mining Indaba 2023, which delegates include 3African Heads of State, 1 Prime Minister and 39 Ministers, this year's gathering is arguably the most highly anticipated, for a myriad of reasons, chief amongst those being
- [The impact of Mitchell judgement on purchases of immovable property from an insolvent estate](https://werksmans.com/the-impact-of-mitchell-judgement-on-purchases-of-immovable-property-from-an-insolvent-estate/) - In a recent judgement, of City Tshwane Metropolitan Municipality v PJ Mitchell (38/2015) (2015) ZASCA, the Supreme Court of Appeal ruled that a hypothec created by section 118(3) of the Municipal Systems Act 32, 2000 in favour of a municipality over immovable property for outstanding municipal debt is not extinguished by a sale in execution and subsequent
- [Property buyers may be liable for historical debt](https://werksmans.com/property-buyers-may-be-liable-for-historical-debt/) - In a recent judgement handed down by the Supreme Court of Appeal, the court ruled that a hypothec created by section 118(3) of the Municipal Systems Act 32, 2000 (the “Act”) in favour of a municipality over immovable property for outstanding municipal debt is not extinguished by a sale in execution and subsequent transfer of
- [2016/2017 budget proposals – Tax overview](https://werksmans.com/2016-2017-budget-proposals-tax-overview/) - INTRODUCTION The trend that began three years ago of a reduced number of substantive amendments announced in the Budget continued this year. Contrary to widespread expectations, there was no increase in the VAT rate. Wise as an increase might have been, it would have been politically difficult in an election year. The shocker
- [Truworths vs Ackermans: the importance of carefully selecting a trade mark](https://werksmans.com/truworths-vs-ackermans-the-importance-of-carefully-selecting-a-trade-mark/) - Ackermans has recently been successful in a precedent setting trade mark dispute against Truworths which was heard by the Supreme Court of Appeal. The trade mark at the centre of the dispute was “THE LOOK”. INTRODUCTION Truworths was the owner of trade mark registrations for “THE LOOK” in relation to various goods and
- [Prescription of claims: on-demand loans](https://werksmans.com/prescription-of-claims-on-demand-loans/) - A loan which is repayable on demand becomes due the moment it is advanced to the debtor. Accordingly, such a debt will prescribe (or be extinguished) three years after the date on which the loan is advanced, unless prescription is interrupted by an acknowledgment of liability by the debtor or the service on the debtor
- [The requirements for the transfer of a business as a going concern](https://werksmans.com/the-requirements-for-the-transfer-of-a-business-as-a-going-concern/) - ISSUE What is the proper test for determining whether a transfer of a business as a going concern has occurred? COURT'S DECISION In the case of Rural Maintenance (Pty) Ltd v Maluti-A-Phofung Local Municipality [2016] ZACC 37, the Court had to consider whether there had been a transfer of a business as
- [Ambit of inspector powers under Section 54 of the Mine Health and Safety Act 29 of 1996 clarified](https://werksmans.com/ambit-of-inspector-powers-under-section-54-of-the-mine-health-and-safety-act-29-of-1996-clarified/) - At its core the Mine Health and Safety Act No 29 of 1996 ("MHSA") aims to promote a culture of health and safety and protect the health and safety of all persons employed by or at a mining operation. INTRODUCTION As commendable as these aspirations are, it has been a bone of contention
- [South Africa’s Business Rescue regime – firing on all cylinders?](https://werksmans.com/south-africas-business-rescue-regime-firing-on-all-cylinders/) - The downturn in world economies has placed business under severe pressure in the last few years. In South Africa, the knock-on effect has been felt, with several businesses going out of business, filing for liquidation and with many turning to the South African business rescue procedure as a possible lifeline. Chapter 6 of the Companies
- [Tax amendments - 2016](https://werksmans.com/tax-amendments-2016/) - INTRODUCTION The Taxation Laws Amendment Bill, 2015, the Tax Administration Laws Amendment Bill, 2015 and the Rates and Monetary Amounts and Amendment of Revenue Laws Bill, 2015 (the last-mentioned containing the rules for the Special Voluntary Disclosure Programme) were passed by Parliament this week. Generally Bills of this nature, once tabled, are not amended,
- [The dismissal process](https://werksmans.com/the-dismissal-process/) - ISSUE When does a dismissal take place and what must be shown to prove that fact? COMMISSIONER'S DECISION In the case of Makosi / Nqanqdo Trading Enterprise (2016) 25 CCMA 7.1.23, the applicant, Makosi, was working as an Electrician Supervisor. He was earning R350 a day and worked five days a week.
- [Certain provisions of the Environmental Conservation Act remain in force](https://werksmans.com/certain-provisions-of-the-environmental-conservation-act-remain-in-force/) - The case of the Minister of Water and Environmental Affairs v Really Useful Investments (436/2015) [2016] ZASCA 156 is a reminder that certain provisions found in the Environmental Conservation Act 73 of 1989 ("ECA") remain in force. INTRODUCTION The ECA is erroneously considered to be repealed, however, certain provisions and notably sections 31A,
- [The special voluntary disclosure programme: an update and some practicalities and predicaments](https://werksmans.com/the-special-voluntary-disclosure-programme-an-update-and-some-practicalities-and-predicaments/) - By: The Werksmans Tax Team The Special Voluntary Disclosure Programme (“SVDP”) kicked off on 1 October 2016 and runs until the end of June 2017. The SVDP consists of an exchange control leg and a tax leg. INTRODUCTION At the time of writing this article, the proposed law underlying the tax SVDP was
- [QUO VADIS – business rescue or liquidation?](https://werksmans.com/quo-vadis-business-rescue-or-liquidation/) - Going under business rescue is proving to be an increasingly attractive option for South African companies that are in financial distress since the advent of Chapter 6 of the Companies Act, 71 of 2008 ("the Act"). INTRODUCTION Is the preference to proceed into a business rescue process an indication of the weak economic
- [Application of changes to the LRA to TES employees earning below the threshold](https://werksmans.com/application-of-changes-to-the-lra-to-tes-employees-earning-below-the-threshold/) - ISSUE Whether the employees’ fixed term contracts were cancelled to avoid the ‘deeming provisions’ of the Labour Relations Act (“LRA”)? If so, whether the termination of the contracts should be regarded as an unfair dismissal? COURT’S DECISION In the case of Lehkgothaoane and others / Sandoz & Capital Outsourcing Group (2016) 25 NBCCI 7.1.8,
- [Can a sanction of a final written warning be substituted with one dismissal appeal?](https://werksmans.com/can-a-sanction-of-a-final-written-warning-be-substituted-with-one-dismissal-appeal/) - ISSUE Can an employer substitute the sanction of a final written warning with one of dismissal on appeal? COURT’S DECISION In the case of Opperman v CCMA and Others (C530/2014) [2016] ZALCCT 29 (17 August 2016), the employee, who was employed as a nurse, was asked to undergo a breathalyser test by her employer. She
- [Prescription of on-demand loans – the Constitutional Court’s decision in Trinity v Grindstone](https://werksmans.com/prescription-of-on-demand-loans-the-constitutional-courts-decision-in-trinity-v-grindstone/) - INTRODUCTION Towards the end of 2016, we drew to your attention a decision of the Supreme Court of Appeal (SCA) in Trinity Asset Management (Pty) Ltd v Grindstone Investments (Pty) Ltd (1040/15) [2016] ZASCA 135 (29 September 2016) in which it was held that a loan which is repayable on demand becomes due the moment it
- [The bounds of the right to strike in support of organisational rights by way of Section 21 of the LRA](https://werksmans.com/the-bounds-of-the-right-to-strike-in-support-of-organisational-rights-by-way-of-section-21-of-the-lra/) - Section 21 of the Labour Relations Act 66 of 1995 states that any registered trade union may notify an employer in writing that it seeks to exercise one or more of the organisational rights conferred on it by Chapter III of the Labour Relations Act, 66 of 1995 (as amended) (“the LRA”) in a workplace.
- [Increase in minimum wage for hospitality workers](https://werksmans.com/increase-in-minimum-wage-for-hospitality-workers/) - On 10 June 2016, the Minister of Labour published an amendment to the minimum wage for Sectoral Determination 14 which regulates the Hospitality sector in South Africa. The Amendment became effective on 1 July 2016 and will remain in effect until 30 June 2017. The amendments are set out below. MINIMUM WAGE FOR EMPLOYERS WITH 10
- [New labour judgement confirms that the CCMA has teeth](https://werksmans.com/new-labour-judgement-confirms-that-the-ccma-has-teeth/) - CCMA and MBS TRANSPORT CC and Five Others [J1807/2015] / [JA94/2015] Since the introduction of the Labour Relations Act, 66 of 1995, (“LRA”) the playing field of South African labour relations has been fundamentally affected by not only the new statutory protection of employees’ rights recognised in the LRA, but also by the dispute resolution
- [The accountability of a group of strikers for misconduct during a strike](https://werksmans.com/the-accountability-of-a-group-of-strikers-for-misconduct-during-a-strike/) - Dunlop Mixing and Technical Services (Pty) Ltd and Others v National Union of Metalworkers of South Africa (NUMSA) obo Nganezi and Others [2016] ZALCD 9 (11 May 2016) ISSUE In what circumstances may a group of strikers be held collectively accountable for misconduct during a strike? To what extent is there an obligation on
- [What happens to confidential information exchanged between the Competition Commission and sector regulators as the number of co-operation](https://werksmans.com/what-happens-to-confidential-information-exchanged-between-the-competition-commission-and-sector-regulators-as-the-number-of-co-operation/) - The protection of confidential information has always been a feather in the cap of the Competition Commission (“Commission”). The Competition Act No. 89 of 1998 (“Competition Act”) distinctly provides that the Commission is bound by a claim of confidentiality by business and that the sharing or disclosing of such confidential information other than provided for in terms of
- [Time to amend the Business Rescue Act?](https://werksmans.com/time-to-amend-the-business-rescue-act/) - Business rescue was introduced into our law in May 2011. But is it time for an overhaul? The business rescue legislation has been in place for over five years and has resulted in a plethora of judgments from the South African courts. And despite varying interpretations of the provisions of the business rescue legislation, our
- [REITS – some clarification of the taxation of investment vehicles in real estate in the form of REITS and controlled companies](https://werksmans.com/reits-some-clarification-of-the-taxation-of-investment-vehicles-in-real-estate-in-the-form-of-reits-and-controlled-companies/) - A traffic standstill is rarely the result of retail specials; however, on 28 April 2016 the greater Johannesburg area had a gridlock on major highways on the opening day of a new mall. Various real estate developments are expanding the larger metropolitan cities of South Africa and investment is growing in the real estate industry.
- [The Uber price-fixing ride: what are the anti-trust co-ordinates?](https://werksmans.com/the-uber-price-fixing-ride-what-are-the-anti-trust-co-ordinates/) - During December 2015, Spencer Meyer instituted a class action lawsuit against Uber Technologies, Inc’s CEO, Travis Kalanick, in the United States. The law suit is based on an allegation that Kalanick had “orchestrated and facilitated an illegal price-fixing conspiracy in violation of section 1 of the federal Sherman Antitrust Act“. Even though Kalanick attempted to
- [Far reaching judgment of the recent silicosis class action case](https://werksmans.com/far-reaching-judgment-of-the-recent-silicosis-class-action-case/) - INTRODUCTION The scope and magnitude of the proposed class actions envisaged in Nkala v Harmony Gold Mining Company Limited (Treatment Action Campaign NPC and Sonke Gender Justice NPC Amicus Curiae) (“Nkala”)[1] is unprecedented in South Africa and would traverse novel and complex issues both of fact and law[2] and entail the further development of class action law in
- [Special voluntary disclosure and exchange control relief](https://werksmans.com/special-voluntary-disclosure-and-exchange-control-relief/) - By: The Werksmans Tax Team INTRODUCTION Following the announcement of the Special Voluntary Disclosure Programme (SVDP) in the 2016 Budget Speech and the release for public comment of the initial draft revenue bills on 24 February 2016, the Minister of Finance published revised draft revenue bills on 19 July 2016 (Bills). The
- [Is the alleged transfer of an insolvent business indeed a transfer as a going concern](https://werksmans.com/is-the-alleged-transfer-of-an-insolvent-business-indeed-a-transfer-as-a-going-concern/) - Mokhele & Others v Schmidt & Others (JS 564/11) 19 May 2016 ISSUE Whether the alleged transfer of an insolvent business was indeed a transfer as a going concern, whether the dismissal of the applicant employees had been automatically unfair, and whether those employees had been employed by the old employer “immediately before” the
- [Can a strike be rendered unlawful as a result of unlawful acts including acts of violence?](https://werksmans.com/can-a-strike-be-rendered-unlawful-as-a-result-of-unlawful-acts-including-acts-of-violence/) - National Union of Food Beverage Wine Spirits and Allied Workers (NUFBWSAW) and others v Universal Product Network (Pty) Ltd In re Universal Product Network (Pty) Ltd v National Union of Food Beverage Wine Spirits and Allied Workers and others (2016) 25 LC 9.5.3 ISSUE (S) What must a strike notice say (notice of intention
- [Is a collective agreement valid and binding, despite a dispute as to the authority of those purporting to conclude the agreement?](https://werksmans.com/is-a-collective-agreement-valid-and-binding-despite-a-dispute-as-to-the-authority-of-those-purporting-to-conclude-the-agreement/) - South African Airways (Soc) Ltd & another v National Transport Movement & others (Case no: J1872/2015, 12 May 2016) ISSUE(S) Whether a collective agreement is valid and binding, despite a dispute as to the authority of those purporting to conclude such an agreement. COURT’S DECISION In the case of South African Airways
- [The meaning of the term ‘pay back’ in a settlement agreement](https://werksmans.com/the-meaning-of-the-term-pay-back-in-a-settlement-agreement/) - Genrec Engineering (Pty) Ltd v Metal and Engineering Industries Bargaining Council and Others [2016] ZALCJHB 213 (17 June 2016) ISSUE What does the term ‘back pay’ mean in a settlement agreement? COURT’S DECISION In the recent case of Genrec Engineering (Pty) Ltd v Metal and Engineering Industries Bargaining Council and Others [2016] ZALCJHB 213
- [Tread carefully when merging: tribunal imposes massive fine for failure to notify](https://werksmans.com/tread-carefully-when-merging-tribunal-imposes-massive-fine-for-failure-to-notify/) - In the intricate process of acquiring another business or forming a joint venture, firms often forget to check whether the transaction requires the approval of the competition authorities in South Africa, the rest of Africa or the rest of the world. Such failure can lead to severe consequences, including the imposition of an administrative penalty up to
- [The duty to disclose business rescue proceedings](https://werksmans.com/the-duty-to-disclose-business-rescue-proceedings/) - On 14 April 2016, the Supreme Court of Appeal (“SCA”) in the matter of Umso Construction Proprietary Limited (“Umso”) v MEC for Roads and Public Works Eastern Cape Province Responsible for the Road and Transport (“MEC Eastern Cape”) (case number 20800/2014) ZASCA 61) delivered a judgment relating to the duty of a party to disclose business rescue proceedings. The
- [Spotlight on boards and shareholder activism](https://werksmans.com/spotlight-on-boards-and-shareholder-activism/) - INTRODUCTION Corporate activism places public pressure on boards to improve both financial and non-financial performance of companies. Non-financial performance would include corporate governance, ethics, executive remuneration and environmental practices. Historically, in South Africa corporate activism has taken different forms. In certain instances, one faction of management may fight with another faction for control of
- [New treatment of fractional entitlements in terms of the JSE listings requirements](https://werksmans.com/new-treatment-of-fractional-entitlements-in-terms-of-the-jse-listings-requirements/) - A recent change to the Johannesburg Stock Exchange (JSE) Listings Requirements, which deals with the manner in which entitlements to fractions of securities are treated, may necessitate an amendment to the memorandum of incorporation (MOI) of a listed company. INTRODUCTION Fractional entitlements will typically arise in the context of a capitalisation issue, a
- [The 'AI Chatbot Race'](https://werksmans.com/the-ai-chatbot-race/) - By Kyra South, Senior Associate and Janice Geel, Candidate Attorney, reviewed by Natalie Scott, Director, Head of Sustainability Practice 2023 will be remembered as the year that Artificial Intelligence took the world by a storm. In just two months, ChatGPT has garnered 100 million users, a feat that took TikTok nine months and Instagram two
- [Increase to BCEA earnings threshold](https://werksmans.com/increase-to-bcea-earnings-threshold-2/) - On 20 February 2023 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, published a Government Gazette providing for the increase of the earnings threshold, as provided for in the Basic Conditions of Employment Act 75 of 1997 ("BCEA"). The increase will be from R224,080.48 per annum to R241,110.59 per annum with effect of 1
- [Chambers Global 2023](https://werksmans.com/chambers-global-2023-2/) - Chambers Global released its 2023 rankings. Published annually since 1999, Chambers covers legal markets of 200 jurisdictions by researching firms and conducting interviews with clients and legal professionals to identify leading lawyers and law firms. Our firm has been ranked across 18 practice areas and 34 of our directors were ranked individually as leading lawyers in
- [Budget Speech 2023/2024: Tax Overview](https://werksmans.com/budget-speech-2023-2024-tax-overview/) - Budget Speech: Tax Overview By: The Werksmans Tax & Exchange Control Team Download PDF INTRODUCTION Minister of Finance Enoch Godongwana delivered the second Budget speech of his term on 22 February 2023. Setting out the government's tax and spending plans for the year ahead. Minister Godongwana said his plans were focused on policies that support
- [The FAFT, trusts and transparency in South Africa](https://werksmans.com/the-faft-trusts-and-transparency-in-south-africa/) - Over the past 10 years, there has been large-scale domestic and international financial fraud in South Africa. Sometimes, trusts and foundations are involved, including both South African and foreign trusts, as well as charitable trusts. This increase in cross-border fraud was highlighted during the Zondo Commission of Inquiry into State Capture, as well as in
- [Working from home, the double-edged sword for sustainability](https://werksmans.com/working-from-home-the-double-edged-sword-for-sustainability/) - The advent of the global COVID-19 pandemic and the lockdowns implemented by various governments across the world to curb the spread of the highly contagious Coronavirus saw millions of people being forced to work from home. In the aftermath of all the lockdowns, reports noted a decrease of about 17% in global carbon dioxide emissions during
- [The myth of consent: Big tech meets (big) data protection](https://werksmans.com/the-myth-of-consent-big-tech-meets-big-data-protection/) - Data Privacy & Cybercrime Consumers rely on digital platforms such as Google, Amazon and Takealot to gain wider and more convenient access to a variety of goods and/or services. Unfortunately, part-n-parcel of such convenience seems to include the little-to-no-control that consumers experience over the use of their personal information.[1] In light of the aforementioned tension
- [Re-inventing the wheel or balancing the scales?](https://werksmans.com/re-inventing-the-wheel-or-balancing-the-scales/) - Digitalisation, globalisation and the COVID-19 pandemic have made certain online platforms (along with their products and services) integral to the lives of billions of global citizens and the operations of businesses across a range of sectors in both the global and local economies.[1] The rapid growth of the digital ecosystem (i.e. digital markets and platforms,
- [The Twitter data hack](https://werksmans.com/the-twitter-data-hack/) - Data Privacy & Cybercrime by Ahmore Burger-Smidt, Head of Regulatory Practice and Chiara Ferri, Candidate Attorney In the first week of January 2023 hackers scraped the e-mail addresses and usernames of over 200 million Twitter users and published them on the black market. This data breach has been traced to a vulnerability existing as far
- [When your data depository and platform are the biggest, competition law becomes important or a problematic weapon!](https://werksmans.com/when-your-data-depository-and-platform-are-the-biggest-competition-law-becomes-important-or-a-problematic-weapon/) - "...In so doing, Google has engaged in exclusionary conduct that has severely weakened, if not destroyed, competition in the ad tech industry…"[1] Imagine, you are planning a trip to Namibia. Then, suddenly, after Googling something about Namibia, you get a text message or email advertisement. It is from a nearby travel agency offering you a
- [ChatGPT: Yet Another Hurdle for Data Privacy?](https://werksmans.com/chatgpt-yet-another-hurdle-for-data-privacy/) - Data Privacy & Cybercrime ChatGPT is an OpenAI[1] developed artificial intelligence (AI) chatbot which has been programmed to have advanced conversational capabilities. This means that the chatbot can answer questions and assist users with composing essays, emails and even writing code in response to certain inputs. There has been significant buzz about ChatGPT over the past
- [Two pots of gold: What you should know about the "two-pot" retirement system](https://werksmans.com/two-pots-of-gold-what-you-should-know-about-the-two-pot-retirement-system/) - The proposed "two-pot" retirement system would allow people to have the best of both worlds - early access to a portion of their retirement funds, should it be necessary, while still preserving a significant portion for when they retire. The changes are set to take effect on 1 March 2024, but without further draft legislation
- [Fresh Produce Market Inquiry: What is it all about? Apples, pears, grapes, avocados, tomatoes, onions and more](https://werksmans.com/fresh-produce-market-inquiry-what-is-it-all-about-apples-pears-grapes-avocados-tomatoes-onions-and-more/) - The Competition Commission (Commission) is set to conduct a market inquiry into the fresh produce market of South Africa (Fresh Produce Market). We previously discussed this topic in an article announcing the Commission's then draft Terms of Reference for the market inquiry. The Terms of Reference have now been finalised to confirm what will be
- [Employees beware: the enforceability of zero-tolerance policies in the workplace](https://werksmans.com/employees-beware-the-enforceability-of-zero-tolerance-policies-in-the-workplace/) - Issues Whether an employee may be dismissed, in the workplace, for testing positive for dagga and the importance of 'zero-tolerance' policies in this regard. Court's Decision In the recent case of National Union of Metalworkers of South Africa obo Nhlabathi and another v PFG Building Glass (Pty) Ltd and others [2023] 2 BLLR 142 (LC),
- [The transferability and enforceability of restraint of trade agreements](https://werksmans.com/the-transferability-and-enforceability-of-restraint-of-trade-agreements/) - Issue Where a business is sold as a going concern do the restraint of trade undertakings contained in employees' contracts of employment transfer with their contracts of employment from the 'old employer' to the 'new employer'? Court's Decision In the recent case of Slo-Jo Innovation (Pty) Ltd v Beedle and another [2023] 1 BLLR 68
- [Fairly unlawful or lawfully unfair? Employees and their rights on termination under the LRA and contract](https://werksmans.com/fairly-unlawful-or-lawfully-unfair-employees-and-their-rights-on-termination-under-the-lra-and-contract/) - The South African Labour Relations act, 66 of 1995 (LRA) has been in operation and has since the date of its promulgation in 1995 been affording employees a practical means of (amongst a number of other critical matters) protecting their constitutional right not to be unfairly dismissed. As such there can be very few people,
- [Stay out of my internal disciplinary matters? Not so fast](https://werksmans.com/stay-out-of-my-internal-disciplinary-matters-not-so-fast/) - by Bradley Workman-Davies, Director and Anna Tchalov, Candidate Attorney In terms of the Labour Relations Act, 66 or 1995 (LRA) an employee who has been dismissed has the right to refer a dispute to the Commission for Conciliation Mediation and Arbitration (CCMA) in order to challenge the fairness of the decision taken to dismiss them.
- [Does an employer's decision to exclude employees from a commission scheme constitute an unfair labour practice](https://werksmans.com/does-an-employers-decision-to-exclude-employees-from-a-commission-scheme-constitute-an-unfair-labour-practice/) - by Bradley Workman-Davies, Director and Kelly Sease, Candidate Attorney In a recent case the Commission for Conciliation, Mediation and Arbitration ("CCMA") had to examine whether an employer, by excluding employees from a scheme which allows employees to earn commission had committed an Unfair Labour Practice ("ULP"). The issue arose when the employer stopped paying commission
- [62 years on - Exchange control regulations alive and well: a look at a recent supreme court of appeal case](https://werksmans.com/62-years-on-exchange-control-regulations-alive-and-well-a-look-at-a-recent-supreme-court-of-appeal-case/) - by Deon Griessel, Director and Ngwalemorwa Matsapola, Candidate Attorney Much like certain former Soviet Republics, the People's Republic of China, India, certain South American jurisdictions, a number of other countries in Africa with 'transitional economies' and countries such as the Bahamas, Cuba, Iran, North Korea and Sudan, South Africa has an exchange control regime in
- [NFTs and Trade Mark Infringement - Hermès International and Hermès of Paris, Inc vs Mason Rothschild](https://werksmans.com/nfts-and-trade-mark-infringement-hermes-international-and-hermes-of-paris-inc-vs-mason-rothschild/) - A US Court has found in favour of French Fashion House, Hermès, owner of the renowned Birkin handbag, in it's case filed in 2022 against an individual, Mason Rothschild ("Rothschild"), and his non-fungible tokens ("NFTs") which he named "MetaBirkins". While these NFTS were first sold for a few hundred US$ it is reported that several
- [Sexual harassment in the workplace - a balanced consideration](https://werksmans.com/sexual-harassment-in-the-workplace-a-balanced-consideration/) - By Bradley Workman-Davies, Director and Kelly Sease, Candidate Attorney On 18 March 2022, the Minister of Employment and Labour (“Minister“) published the ‘Code of Good Practice on the Prevention of Elimination of Harassment in the Workplace’ (”Harassment Code“). The Harassment Code has already seen application and been tested in a number of cases before the
- [Sticking (it) to the rules? Sometimes, unless that would be unfair](https://werksmans.com/sticking-it-to-the-rules-sometimes-unless-that-would-be-unfair/) - by Bradley Workman-Davies, Director and Kelly Sease, Candidate Attorney CCMA Rules South African labour legislation sets up fundamental structures for the resolution of labour related disputes, including the establishment of the Commission for Conciliation, Mediation and arbitration (CCMA). In addition, the Labour Relations Act, 66 of 1995 (LRA) establishes rules for the conduct of proceedings
- [The Hate Crimes and Hate Speech Bill is a step closer to becoming law](https://werksmans.com/the-hate-crimes-and-hate-speech-bill-is-a-step-closer-to-becoming-law/) - by Dakalo Singo, Director and Head of Pro Bono Practice On 14 March 2023, the National Assembly passed the Prevention and Combating of Hate Crimes and Hate Speech Bill [B9B-2018] ("Bill"). According to its preamble, this Bill was introduced to create criminal offences for hate crimes and hate speech. By doing so, it is envisaged
- [On to the next! The Competition Commission Sets its Sights on Digital Platforms](https://werksmans.com/on-to-the-next-the-competition-commission-sets-its-sights-on-digital-platforms/) - The Competition Commission (Commission) plans to conduct an inquiry into the distribution of media content on digital platforms.[1] The inquiry, named the Media and Digital Platforms Market Inquiry (MDPMI), will focus broadly on - the interaction and dependency of South African news media businesses on relevant digital platforms as an intermediary, distributor, and link to
- [2023 Electricity Regulation Guide - South Africa](https://werksmans.com/2023-electricity-regulation-guide-south-africa/) - The 2023 edition of the Lexology GTDT Electricity Regulation quick reference guide is out! Director, Jonathan Behr and Kiera Bracher, Candidate Attorney, have contributed this year’s South African chapter, which provides a comprehensive source of legal insights and analysis of the complete South African legal framework relating to the #electricity sector and power markets. Click below to
- [Food-focused Market Inquiry Lift Off! The Commission officially launches Fresh Produce Market Inquiry](https://werksmans.com/food-focused-market-inquiry-lift-off-the-commission-officially-launches-fresh-produce-market-inquiry/) - The Competition Commission ("Commission") has today, 23 March 2023, formally launched the Fresh Produce Market Inquiry (“FPMI”), following the publication of the final terms of reference for the FPMI in the Government Gazette on 14 February 2023. The Commission's long-standing focus on the agricultural sector stems, inter alia, from the 2.5% contribution the sector makes
- [The South African Reserve Bank announces South Africa's first Deposit Insurance Body](https://werksmans.com/the-south-african-reserve-bank-announces-south-africas-first-deposit-insurance-body/) - and Siphosethu Zazela, Candidate Attorney The South African Reserve Bank (SARB) announced the establishment of the Corporation for Deposit Insurance (CODI) - the first bank deposit insurance body in South Africa - in its media statement dated 3 April 2023 (Media Statement). CODI's primary responsibilities, as per the Media Statement include: establishing, maintaining and administering a
- [Information Regulator bites! Enforcement Notice issued against the SAPS](https://werksmans.com/information-regulator-bites-enforcement-notice-issued-against-the-saps/) - It was with great shock that the South African society learned about the rape of several women near Krugersdorp in July 2022. But what was more worrisome was the shock of the victims upon realising that their personal details such as names, residential addresses and occupations appeared on social media platforms! The Information Regulator

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- [Cybercrimes](https://werksmans.com/practice-areas/regulatory/cybercrimes/) - The Cybercrimes Act, 2020 (Cybercrimes Act) marks a significant step in mitigating this risk.
- [Consumer Protection](https://werksmans.com/practice-areas/regulatory/consumer-protection/) - The Consumer Protection Act (CPA) promotes a fair, accessible and sustainable marketplace for consumer products and establishes national norms and standards relating to consumer protection.
- [Technology & Innovation](https://werksmans.com/practice-areas/technology-innovation/) - The Werksmans’ lawyers offer a sophisticated, pragmatic end to end service in highly regulated sectors such as financial services, healthcare, media and communications.
- [Tax](https://werksmans.com/practice-areas/tax/) - Tax law in South Africa has been elevated to a highly specialised area of practice as a result of ongoing and annual changes to tax legislation
- [Sustainability](https://werksmans.com/practice-areas/sustainability/) - Our experienced lawyers is able to support clients across all sectors in achieving their sustainability goals and in sustainability-related matters.
- [Aviation](https://werksmans.com/practice-areas/regulatory/aviation/) - Navigating through commercial and business ventures, handling diverse legal disputes, and understanding the regulatory frameworks that influence the aviation sector.
- [Regulatory](https://werksmans.com/practice-areas/regulatory/) - Regulatory Law goes beyond traditional enforcement and/or prosecution proceedings (be it from a civil or criminal perspective).
- [Real Estate](https://werksmans.com/practice-areas/real-estate/) - Over the past decade, rapid legislative change has swept the South African real estate market, affecting planning and development, land use, tenant debt, municipal services, transfer duties and deeds registration.
- [Pro Bono](https://werksmans.com/practice-areas/pro-bono/) - Our dedicated pro bono practice provides free legal services to indigent or disenfranchised members of society in order to facilitate access to justice.
- [Private Wealth](https://werksmans.com/practice-areas/private-wealth/) - Our dedicated Private Wealth practice area provides bespoke legal solutions that empower clients to plan confidently for the future and shape lasting legacies.
- [Private Equity](https://werksmans.com/practice-areas/private-equity/) - Werksmans’ Private Equity lawyers approach each matter with the relevant expertise, and also with a solid client support strategy.
- [Mining & Resources](https://werksmans.com/practice-areas/mining-resources/) - Few industries have changed as dramatically as South Africa’s mining and energy sector, as our mining and resource lawyers can attest.
- [Land Reform](https://werksmans.com/practice-areas/land-reform/) - Land reform in South Africa is drawing increasing attention from local and international quarters as individuals, corporations, state and private entities seek to demystify a rather contentious topic.
- [Investment Funds](https://werksmans.com/practice-areas/investment-funds/) - To provide effective legal advice to investment managers, asset managers, funds and investors, lawyers must have an in-depth knowledge of the legal issues involved, a savvy commercial sense and the ability to deal with more intricate commercial, tax and regulatory issues.
- [Intellectual Property](https://werksmans.com/practice-areas/intellectual-property/) - Our lawyers apply best-practice thinking to a wide range of IP and related issues, generating distinctive and commercially minded solutions.
- [Insolvency & Business Rescue](https://werksmans.com/practice-areas/insolvency-business-rescue/) - Werksmans Business Rescue and Insolvency team have carefully considered the new legislation and the manner in which business rescue proceedings are to be implemented.
- [Infrastructure & Energy](https://werksmans.com/practice-areas/infrastructure-energy/) - Seasoned infrastructure and energy lawyers and other directors with a unique combination of expertise make up a highly experienced team at Werksmans.
- [Digital Health](https://werksmans.com/practice-areas/healthcare-life-sciences/digital-health/) - Market leaders and disrupters in the healthcare and health-tech industries are rapidly implementing cutting-edge digital health solutions and are encountering a broad range of legal and regulatory challenges.
- [Healthcare & Life Sciences](https://werksmans.com/practice-areas/healthcare-life-sciences/) - Our healthcare & life sciences lawyers operate with a deep understanding of these and other dynamics, ever aware of dramatic legislative change in the healthcare industry.
- [Employment](https://werksmans.com/practice-areas/employment/) - Labour lawyers and employment lawyers must remain keenly aware of factors such as low skills levels and the mandate to advance equitable representation in the workplace.
- [Disputes](https://werksmans.com/practice-areas/disputes/) - When a commercial dispute arises, the ideal outcome is one has been achieved expeditiously, amicably and without attracting undue attention.
- [Digital Media & Electronic Communications](https://werksmans.com/practice-areas/digital-media-electronic-communications/) - Our digital media & electronic communications lawyers are geared to handle the challenges posed by these ever-evolving fast-paced sectors.
- [Corporate Mergers & Acquisitions](https://werksmans.com/practice-areas/corporate-mergers-acquisitions/) - Corporate Mergers & Acquisitions Lawyers' ever-evolving knowledge base remains in step with changing economic and industry cycles, as well as legislative developments in fields, including black economic empowerment.
- [Construction & Engineering](https://werksmans.com/practice-areas/construction-engineering/) - The face of construction and engineering in South Africa and the rest of Africa has changed significantly. Accordingly, the calibre of construction and engineering lawyers has had to change.
- [Competition](https://werksmans.com/practice-areas/competition/) - The Competition Act affects every business operating in South Africa, with serious consequences for contraventions. Our services include competition and antitrust services, specifically mergers, investigations and referrals and compliance matters.
- [Business Crimes & Investigations](https://werksmans.com/practice-areas/business-crimes-investigations/) - Economic crime is endemic in the global corporate arena and statistics show that the problem is escalating rapidly in South Africa.
- [Banking & Finance](https://werksmans.com/practice-areas/banking-finance/) - Our banking & finance lawyers have led the market with complex transaction types and financial instruments that are now being used across South Africa, facilitating groundbreaking transactions in both primary and secondary markets.
- [Experienced Lawyers Vacancies](https://werksmans.com/experienced-lawyers-vacancies/) - Experienced Lawyers VacanciesCareersToggle NavigationExperienced LawyersGraduates oldOur ValuesBusiness ServicesContact UsVacancies Currently, there are no vacancies. We’re always looking to expand our team with talented, dedicated legal professionals. If you’re an experienced lawyer with a passion for excellence and a commitment to delivering exceptional service to clients, keep an eye on our website for upcoming vacancies and
- [Public Finance Management Act](https://werksmans.com/practice-areas/regulatory/public-finance-management-act/) - Public Finance Management ActThe Public Finance Management Act (PFMA) increased emphasis on upholding transparency in government expenditures and heightened scrutiny of public agreements by the judiciary. It is therefore of utmost importance for both public and private stakeholders to receive clear guidance regarding the interpretation and extent of essential clauses within the PFMA. This legal
- [Protection of Personal Information](https://werksmans.com/practice-areas/regulatory/protection-of-personal-information/) - Protection of Personal InformationThe Protection of Personal Information Act (POPIA) prioritises and guarantees the optimal processing of personal information by private and public bodies. Compliance with POPIA unlocks the potential instrumental value and the benefits of personal information to businesses. The global privacy legislative landscape is in a constant state of flux and companies are
- [Promotion of Administrative Justice Act](https://werksmans.com/practice-areas/regulatory/promotion-of-administrative-justice-act/) - Promotion of Administrative Justice ActThe preamble of the Promotion of Administrative Justice Act (PAJA) mirrors section 33 of the Constitution, setting out its purpose of promoting an efficient administration and good governance. By giving effect to the right to just administrative action, PAJA paves the way for developing a culture of accountability and transparency in
- [Promotion of Access to Information Act](https://werksmans.com/practice-areas/regulatory/promotion-of-access-to-information-act/) - Promotion of Access to Information ActThe Promotion of Access to Information Act (PAIA) was promulgated to give effect to the constitutional right of access to any information held by private and public bodies that are required for the exercise or protection of any other rights, in order to – foster a culture of transparency and accountability in
- [Preferential Procurement Policy Framework](https://werksmans.com/practice-areas/regulatory/preferential-procurement-policy-framework/) - Preferential Procurement Policy FrameworkOur Constitution mandates that fairness, equity, transparency, competitiveness, and cost-effectiveness are the essential guiding principles for all public procurement activities in South Africa. The Preferential Procurement Policy Framework Act (PPPFA) regulates the procurement policies and frameworks of organs of the State. It enhances the participation of Historically Disadvantaged Individuals and small, medium
- [National Gambling Act](https://werksmans.com/practice-areas/regulatory/national-gambling-act/) - National Gambling ActFor various social and economic reasons, gambling is heavily regulated in South Africa. The National Gambling Act (NGA) provides for the regulation of gambling activities in South Africa, and ensures the co-ordination of the concurrent national and provincial legislative competence over matters relating to gambling. It sets out a licensing framework for casinos,
- [National Credit Act](https://werksmans.com/practice-areas/regulatory/national-credit-act/) - National Credit ActThe National Credit Act (NCA) establishes national norms and standards relating to consumer credit. In general, such norms and standards pertaining to, amongst others, responsible credit granting, the prohibition of unfair credit and credit marketing practices on the part of credit bureaus and/or credit providers, the provision of debt re-organisation in cases where
- [Financial Sector Regulations](https://werksmans.com/practice-areas/regulatory/financial-sector-regulations/) - Financial Sector RegulationsThe Financial Sector Regulations (FSR) represent a decisive shift away from a fragmented regulatory approach and gives effect to the Twin Peaks model of financial regulation. The design of the Twin Peaks model underpins a comprehensive regulatory system, that aims to strengthen financial stability and the soundness of financial institutions by creating a
- [Financial Intelligence Centre Act](https://werksmans.com/practice-areas/regulatory/financial-intelligence-centre-act/) - Financial Intelligence Centre ActThe Financial Intelligence Centre Act (FICA) introduces mechanisms and measures that establish an anti-money laundering regime, which encourages voluntary compliance and self-regulation by accountable institutions. Our advisory services Our team brings extensive experience in working with the FICA, aiming to assist clients in meeting their compliance obligations under this legislation. The expertise
- [Broad-Based Black Economic Empowerment](https://werksmans.com/practice-areas/regulatory/broad-based-black-economic-empowerment/) - B-BBEE is based on five key elements: ownership, management, skills development, enterprise and supplier development and socio-economic development.
- [Our People](https://werksmans.com/our-people/) - Team of over 200 skilled lawyers.
- [Experienced Lawyers](https://werksmans.com/experienced-lawyers/) - Your career at Werksmans Law Firm. Werksmans has dedicated a significant amount of time, resources, and leadership focus in order to build a great firm.
- [Corporate citizenship](https://werksmans.com/corporate-citizenship/) - For Werksmans Attorneys, corporate citizenship provides us with an opportunity to meet our social, cultural and environmental responsibilities.
- [Celebrating 100 years](https://werksmans.com/celebrating-100-years/) - As the firm looks forward confidently from the vantage point of a hundred years of practising law in South Africa.
- [Business Services Vacancies](https://werksmans.com/business-services-vacancies/) - Business Services Vacancies at Werkmans Law Firm
- [Business Services](https://werksmans.com/business-services/) - Werksmans’ offers challenging and rewarding careers in our business services departments
- [Accolades](https://werksmans.com/accolades/) - Werksmans has received a variety of local and international marketplace accolades acknowledging the firm’s leadership in the field of corporate and commercial law in South Africa.
- [Africa](https://werksmans.com/africa/) - African lawyers able to serve Africa, because they know Africa. LEX Africa, a legal alliance of leading law firms in 30 African countries
- [Contact](https://werksmans.com/contact/) - Contact UsLooking for a lawyer?Search here to find an appropriate lawyer. MediaFor media enquiries, please contact Lerato Monala at lmonala@werksmans.com. General EnquiriesPlease contact enquiries@werksmans.com for all general enquiries. CareersIf you are interested in joining our graduate programme, please visit our career section. TendersPlease email tenders@werksmans.com for all tender/RFQ-related requirements. SubscribeClick here to subscribe to our newsletters and events. Looking
- [How to Apply](https://werksmans.com/graduates/how-to-apply/) - HOW TO APPLYAPPLY TODAYIF YOU ARE INTERESTED IN APPLYING FOR EITHER THE VACATION PROGRAMME OR THE CANDIDATE ATTORNEY (CA) PROGRAMME (ALSO KNOWN AS PRACTICAL VOCATIONAL TRAINING [PVT]) THEN YOU WILL NEED TO COMPLETE OUR ONLINE APPLICATION.APPLY TODAYThe selection processPlease be aware that no paper applications will be accepted. We transform candidates to expertsTHE WERKS VERDICT
- [Vacation Programme](https://werksmans.com/graduates/vacation-programme/) - VACATION PROGRAMMEAPPLY TODAYOUR VACATION PROGRAMME ATTRACTS APPLICATIONS FROM THE HIGHEST CALIBRE OF LAW GRADUATES ACROSS THE COUNTRYThe Candidate Attorney (CA) Programme (also known as Practical Vocational Training [PVT]) involves a lot of choices, hard decisions to make and many questions! One of the best ways to handle this process is to get first-hand experience by
- [Life at Werksmans](https://werksmans.com/graduates/life-at-werksmans/) - LIFE AT WERKSMANSAPPLY TODAYAT WERKSMANS ATTORNEYS, WE HAVE LAWYERS SPECIALISING IN ALMOST EVERY FIELD OF CORPORATE AND COMMERCIAL LAW, EXPOSING YOU TO A FULL SPECTRUM OF LEGAL OPPORTUNITIES TO PROVIDE YOU WITH PRACTICAL AND HANDS-ON EXPERIENCE.200 LAWYERSA 200-strong powerful team of lawyers working across the full spectrum of corporate and commercial legal disciplines all driven
- [Online Application](https://werksmans.com/graduates/online-application/) - WELCOME TO THE WERKSMANS ONLINE APPLICATIONTHANK YOU FOR YOUR INTEREST IN WERKSMANS ATTORNEYS AND CONGRATULATIONS ON TAKING THE FIRST STEP TOWARDS BECOMING PART OF THE WERKSMANS TEAMIf you are interested in applying for either the Vacation Programme or the Candidate Attorney (CA) Programme (also known as Practical Vocational Training [PVT]) then you will need to
- [Get in touch](https://werksmans.com/graduates/get-in-touch/) - GET IN TOUCHWE WOULD LOVE TO HEAR FROM YOU, AND TO ANSWER ANY QUESTIONS YOU MAY HAVE. GRADUATES@WERKSMANS.COM 011 535 8175 MEET US FACE-TO-FACE We also offer the opportunity to meet face-to-face with members of the firm. You can do this at one of our campus days. We organise additional events throughout the year, so
- [Law in motion listing](https://werksmans.com/graduates/law-in-motion-listing/) - LAW IN MOTIONYOUR UPDATE ON TRENDS AND TOPICS IN THE LEGAL WORLD The Future of Law & Technology By Amogelang Magano Embracing the synergy of law and technology: The future of legal practice. The rapid expansion of [...]Read More Life as a young lawyer By Lwazi – Lwandile Simelane An inside look at the daily
- [Legal updates and opinions](https://werksmans.com/legal-updates-and-opinions/) - Legal updates and opinionsView Practice Areas Practice Area Banking & Finance Competition Construction & Engineering Corporate Mergers & Acquisitions Digital Media & Electronic Communications Disputes Employment Environmental Healthcare & Life Sciences Infrastructure & Energy Insolvency & Business Rescue Intellectual Property Investment Funds Land Reform Mining & Resources Private Equity Pro Bono Real Estate Regulatory Sustainability
- [Online Betting](https://werksmans.com/practice-areas/digital-media-electronic-communications/online-betting/) - Online BettingIn recent years, online betting has seen a rapid growth both in South Africa and internationally, emerging as the leading form of gambling. An ever evolving and complex industry, Werksmans has developed a wealth of expertise in online betting and is uniquely positioned to provide regulatory, commercial, and tech-savvy legal advice. Our online betting
- [Practice areas](https://werksmans.com/practice-areas/) - Practice areasWhat we doWe adapt to business needs providing legal expertise that is focused on results driven by pure precision.Practising in over 23 diverse areas of law, we specialise in corporate and commercial matters with a team of over 200 skilled lawyers. Banking & Finance Expert legal advice for complex finance transactions, optimizing client outcomes
- [Our Values](https://werksmans.com/our-values/) - Our ValuesCareersToggle NavigationExperienced LawyersGraduates oldOur ValuesBusiness ServicesContact UsThe Werksmans’ WayWe’re fanatical about client service The foundation stone of our firm is passionate excellence in every sphere. We share our client’s passions to accomplish their objectives: succeeding for our clients and exceeding their expectations. We continuously strive to fly higher than we thought possible and we
- [Our culture](https://werksmans.com/our-culture/) - Our cultureWho we areToggle NavigationAbout WerksmansCelebrating 100 yearsOur cultureCorporate citizenshipAfricaUnderstand the client. Understand the matter. Forge the process.Success is more than what you do. It is rooted in ethos and culture; it explores and interrogates your understanding of what truly matters. The Werksmans ethos is a simple but powerful one – intense focus, exceptional agility
- [Privacy Policy](https://werksmans.com/privacy-policy/) - Who we are Suggested text: Our website address is: https://werksmans.com. Comments Suggested text: When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection. An anonymized string created from your email address (also called a
- [Podcasts & Videos](https://werksmans.com/podcasts-videos/) - Podcasts & VideosView Practice Areas Practice Area Banking & Finance Competition Construction & Engineering Corporate Mergers & Acquisitions Digital Media & Electronic Communications Disputes Employment Environmental Healthcare & Life Sciences Infrastructure & Energy Insolvency & Business Rescue Intellectual Property Investment Funds Land Reform Mining & Resources Private Equity Pro Bono Real Estate Regulatory Sustainability Tax
- [Firm News](https://werksmans.com/firm-news/) - Firm NewsView Practice Areas Practice Area Banking & Finance Competition Construction & Engineering Corporate Mergers & Acquisitions Digital Media & Electronic Communications Disputes Employment Environmental Healthcare & Life Sciences Infrastructure & Energy Insolvency & Business Rescue Intellectual Property Investment Funds Land Reform Mining & Resources Private Equity Pro Bono Real Estate Regulatory Sustainability Tax Technology
- [Events](https://werksmans.com/events/) - Events CPD Accredited Seminar – The Current State of NHI in South AfricaJoin Werksmans Attorneys for an exclusive CPD accredited seminar on the current state of National Health Insurance (NHI) in South [...]Read More Construction & Engineering SeminarClick Here To RSVP Join Werksmans Attorneys and SAICE , in association with Koleko for an insightful discussion
- [Our work](https://werksmans.com/our-work/) - Our workAt the forefront of pressing matters, where our work and outcomes are based on strategic, analytical findings by our specialists representing over twenty-two diverse areas of law, Werksmans celebrates its recognitions acknowledgements locally and internationally. Matters that matterThe below matters are a select number of firm matters. To find out more, contact enquiries@werksmans.com Digital Media
- [RICA](https://werksmans.com/practice-areas/regulatory/rica/) - RICACOMMUNICATION-RELATED INFORMATION ACT The Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA) intends to regulate the interception of certain communications, the monitoring of certain signals and radio frequency spectrums and the provision of certain communication-related information. The RICA also prohibits the provision of telecommunication services which do not have the capability to
- [Terms and conditions](https://werksmans.com/terms-and-conditions/) - Terms and conditionsThis is the website of Werksmans Incorporated. The address of Werksmans Incorporated for correspondence relating to this website is at: The Central 96 Rivonia Road Sandton 2146 All communications regarding this website should be addressed to enquiries@werksmans.com Use of this web site is subject to the following terms of use: The content and design
- [Disclaimer](https://werksmans.com/disclaimer/) - Disclaimer Any electronic mail you receive from a director, employee or representative of Werksmans or any other person using a Werksmans’ e-mail address, including any attachments thereto (“the e-mail”), is subject to the Werksmans e-mail disclaimer (“disclaimer”) set out herein. The e-mail may contain information which is confidential, private, subject to legal privilege or otherwise
- [Standing Ovation – Team Pro Bono](https://werksmans.com/standing-ovation-team-pro-bono/) - Standing Ovation – Team Pro BonoProbono.org 2019 awardsIt is with great pleasure and pride that we congratulate the winners of the Probono.org 2019 awards. Directors, Naledi Motsiri and Dakalo Singo scooped two well-deserved awards namely, the Housing award (Naledi and Dakalo) and the Refugees award (Dakalo) at the ceremony held at Constitutional Hill on the 21 November 2019. Notably,
- [Sample Page](https://werksmans.com/sample-page/) - This is an example page. It's different from a blog post because it will stay in one place and will show up in your site navigation (in most themes). Most people start with an About page that introduces them to potential site visitors. It might say something like this: Hi there! I'm a bike messenger

## Teams

- [Faith Sikhavhakhavha](https://werksmans.com/team-members/faith-sikhavhakhavha/) - Faith Sikhavhakhavha is a Director in the Disputes practice area. She advises on general commercial litigation and has been with Werksmans since 2012. Practice areas Disputes Regulatory Expertise Dispute Resolution Relevant Experience General commercial litigation Career 2011: LLB (University of the Witwatersrand) 2012: Candidate Attorney, Werksmans 2014: Associate, Werksmans 2016: Senior Associate, Werksmans 2017: Certificate
- [Erich Bell](https://werksmans.com/team-members/erich-bell/) - Erich Bell is a Director in the Tax practice area. He specialises in international corporate tax; domestic corporate tax advisory; and South African exchange control. Erich advises on international tax planning for corporates – including foreign-controlled companies; double tax agreements; offshore acquisition financing structures; foreign structures; foreign trusts; and transfer pricing and thin capitalisation. He
- [Ernest Mazansky](https://werksmans.com/team-members/ernest-mazansky/) - Ernest Mazansky is a Director in the Tax practice area. He specialises in Corporate Tax Planning; Restructuring of Corporate Entities; Share Incentive Schemes; Dispute Resolution/Tax Controversy; Offshore Structures & Financing; Exchange Control; VAT; Estate Planning; And Wills & Trusts (local and international). Ernest is past chairman of the Taxation Committee of the South African Institute
- [Dylan Cunard](https://werksmans.com/team-members/dylan-cunard/) - Dylan Cunard is a Director and advises across the Disputes and Insolvency & Business Rescue practice areas. He specialises in corporate mergers & acquisitions; commercial property; private equity; investment funds; international transactions; black economic empowerment transactions; and advising on compliance with international (particularly UK and US) anti-bribery legislation. Dylan trained at a Magic Circle Firm
- [Donvay Wegierski](https://werksmans.com/team-members/donvay-wegierski/) - Donvay is a Director and leads the substantial foreign trade mark division within the firm’s Intellectual Property (IP) practice area. Donvay advises on a diverse range of IP matters with clients in many different sectors including large FMCG’s, banking and insurance, oil & gas, technology, wine and agriculture in over eighty countries worldwide. Her expertise
- [Dominique Arteiro](https://werksmans.com/team-members/dominique-arteiro/) - Dominique Arteiro is a Director in the Competition, Corporate Mergers & Acquisitions and Healthcare & Life Sciences practice areas. His areas of specialisation include obtaining of approval for mergers and takeovers from the competition authorities, lodging and responding to complaints of alleged anti-competitive conduct, preparing applications for leniency and for exemption from the provisions of the
- [Dewald van den Berg](https://werksmans.com/team-members/dewald-van-den-berg/) - Dewald van den Berg is a Director in our Business Crimes & Investigations, Construction and Engineering and Insolvency & Business Rescue practice areas. He specialises in Civil and Commercial Litigation ranging from Business Crimes & Investigations, including insurance claims; Construction & Engineering; Contract law (e.g. breach of contract, damages claims); Company law (e.g. fiduciary duties,
- [Deon Griessel](https://werksmans.com/team-members/deon-griessel/) - Deon Griessel is a Director in the Banking & Finance; Construction & Engineering and Corporate Mergers & Acquisitions practice areas. He specialises in project finance; construction and engineering agreements; exchange control matters; mergers & acquisitions; and drafting and advising on a wide variety of commercial agreements (including structuring of share transactions; lease agreements; and property-related
- [David Gewer](https://werksmans.com/team-members/david-gewer/) - David Gewer is a director and advises in the Corporate Mergers & Acquisitions and Mining & Resources practice areas. He specialises in corporate finance and structuring; international transactions; listings/flotations; leveraged and management buy-outs; securities law; public offerings and private placements; private equity; black economic empowerment transactions; and distressed company transactions and restructuring. David is named
- [Darren Willans](https://werksmans.com/team-members/darren-willans/) - Darren Willans is a Director in the Disputes and Investment Funds practice areas. He specialises in arbitration; mediation and alternative dispute resolution; pension fund litigation; and a range of litigation relating to the banking industry and the mining industry. A BCom and LLB graduate of Rhodes University, Darren has been a Director at Werksmans since
- [Danielle Magidson](https://werksmans.com/team-members/danielle-magidson/) - Danielle Magidson is a Director in the Corporate Mergers & Acquisitions, Mining & Resources and Regulatory practice areas. Drawing on more than 20 years of experience, Danielle has been involved in significant high-profile M&A transactions both locally and across the African continent. She focuses on all aspects of corporate law with specific emphasis on mergers
- [Daniela Pisanti](https://werksmans.com/team-members/daniela-pisanti/) - Daniela Pisanti is a Director in the Disputes practice area. She specialises in High Court litigation; arbitration and alternative dispute resolution; unlawful competition (including the enforcement of restraint of trade agreements); Anton Piller applications (search and seizure applications); corporate fraud; and general contract dispute resolution. Daniela obtained her LLB and BCom (Marketing and Law) from
- [Cyprian Mthembu](https://werksmans.com/team-members/cyprian-mthembu/) - Cyprian Mthembu is a Director in the Corporate Mergers & Acquisitions practice area. He specialises in mergers and acquisitions, the formation, structuring and restructuring of business entities and due diligence investigations. Practice areas Banking & Finance Corporate Mergers & Acquisitions Private Equity Technology & Innovation Expertise Mergers and acquisitions, Formation, structuring and restructuring of business
- [Clarisa Laltha](https://werksmans.com/team-members/clarisa-laltha/) - Clarisa Laltha is a Director and advises in the Banking & Finance, Corporate Mergers & Acquisitions and Infrastructure & Energy practice areas. She specialises in all aspects of banking and finance transactions including asset finance; acquisition and leveraged finance; and preference share transactions – in both the single lender and in the syndicated lender environment.
- [Brendan Olivier](https://werksmans.com/team-members/brendan-olivier/) - Brendan Olivier is a director and advises in both the Disputes practice area, and in the Insolvency & Business Rescue practice area. He has a broad profile, and advises foreign and domestic corporate clients, listed entities and financial institutions. In the Disputes practice area, he specialises in High Court litigation, arbitration and alternative dispute resolution, and general
- [Bradley Workman-Davies](https://werksmans.com/team-members/bradley-workman-davies/) - Bradley Workman-Davies is a director in the Employment, Business Crimes & Investigations, Insolvency & Business Rescue and Technology & Innovation practice areas and has been with the firm since 2000. Bradley advises on labour and employment, pension and employee benefits, business crimes and investigations, and financial services regulation. Bradley is a trusted advisor to a
- [Boitumelo Rammala](https://werksmans.com/team-members/boitumelo-rammala/) - Boitumelo Rammala is a Director in the Construction & Engineering and Dispute Resolution practice area as well as Dispute Resolution at Werksmans, where she also contributes her expertise to the Technology and Innovation practice group. She specialises in dispute resolution within construction and engineering law and also has a general commercial and/or civil litigation experience
- [Boitumelo Moti](https://werksmans.com/team-members/boitumelo-moti/) - Boitumelo Moti is a Director and advises in the Disputes, Healthcare & Life Sciences and Regulatory practice areas. Her specialisations extend to consumer protection law, data privacy and the protection of personal information. Boitumelo advises the South African private healthcare sector extensively on all matters pertaining to healthcare regulatory law including medical schemes, professional practice,
- [Bankey Sono](https://werksmans.com/team-members/bankey-sono/) - Director Bankey Sono is a lawyer in the Employment practice area. Her areas of speciality include the new amendments to the Labour Relations Act; employment equity; strikes and lock-outs; and training on general workplace discipline and management of poor performance. Bankey has deep experience in Labour Relations and Employment Law (CCMA and Labour Court Litigation,
- [Bafana Ntuli](https://werksmans.com/team-members/bafana-ntuli/) - Bafana Ntuli is a Director in the Corporate Mergers & Acquisitions practice area. He specialises in mergers and acquisitions, private equity, negotiating and drafting a wide variety of commercial contracts, corporate group structuring transactions, financing and security transactions, corporate governance, trusts and trust administration, and due diligence investigations. Practice areas Corporate Mergers & Acquisitions Private
- [Astrid Berman](https://werksmans.com/team-members/astrid-berman/) - Astrid Berman is a Director and practices mainly in the Banking & Finance; Construction & Engineering; Financial Services Regulation; and Infrastructure, Energy & Projects practice areas. Astrid routinely advises clients on financing and corporate activities on a broad range of financing transactions from debt capital market offerings. She also advises on the regulatory aspects of
- [Armand Swart](https://werksmans.com/team-members/armand-swart/) - Director, Armand Swart forms part of the Disputes, Investment Funds, Regulatory and Technology & Innovation practice areas. He advises on data privacy; investment funds; commercial transactions; regulatory compliance; and commercial disputes. He is an experienced regulatory lawyer with a focus on data protection, consumer facing laws, payments, financial services, and insurance. Armand advises on commercial aspects, including
- [Aphindile Govuza](https://werksmans.com/team-members/aphindile-govuza/) - Aphindile Govuza is a Director in our, Digital Media & Electronic Communications, Healthcare & Life Sciences and Technology & Innovation practice areas with extensive experience in advising on a wide range of technology and sourcing agreements, advising on digital and electronic communications and commerce matters as well as on data protection laws. He has assisted
- [Anine van der Merwe](https://werksmans.com/team-members/anine-van-der-merwe/) - A Conveyancer and Notary Public since 2010, Director Anine van der Merwe advises on matters related to Disputes and Insolvency& Business Rescue. She has been a Director at Werksmans since 2016 and specialises in liquidations; debtor and insolvency recovery actions; general commercial litigation; and contractual disputes. Practice areas Insolvency & Business Rescue Expertise Liquidations Debtor
- [Andre van Heerden](https://werksmans.com/team-members/andre-van-heerden/) - Andre van Heerden is a Director in the Employment practice area. He specialises in commercial employment transactions arising during mergers and acquisitions; employment litigation and dispute resolution; employment law compliance audits; and due diligence investigations. Andre is also experienced in corporate restructures; restraints of trade; employment contracts; disciplinary codes and procedures; and grievance procedures. He
- [Anastasia Vatalidis](https://werksmans.com/team-members/anastasia-vatalidis/) - Anastasia Vatalidis is a Director in the Employment and Sustainability practice areas. She specialises in commercial employment transactions; employment law and litigation; pension law; and health and safety law. A Director at the firm since 2004, Anastasia is consistently ranked as a recommended lawyer in labour and employment law by The Legal 500 as well
- [Akhona Bilatyi](https://werksmans.com/team-members/akhona-bilatyi/) - Akhona Bilatyi is a Director in the Dispute, Regulatory, and Digital Media and Electronic Communications practice areas. She advises on general commercial litigation, corporate governance, regulatory law, constitutional law, procurement and administrative law, and telecommunications. She holds an LLB from the University of Johannesburg. Years of Experience: 8 years, with 6 years post admission experience.
- [Aidan Kenny](https://werksmans.com/team-members/aidan-kenny/) - Aidan Kenny is a Director in the Real Estate practice area. He advises on conveyancing; corporate real estate; due diligence investigations; notarial bonds and deeds; sectional title developments; transfer of ownership in properties; registration of mortgage bonds and servitudes; and consolidations of properties. Aidan is able to advise on subdivisions of properties; drafting of commercial
- [Adriaan Human](https://werksmans.com/team-members/adriaan-human/) - Adriaan Human was admitted as an attorney in 2009 and joined Werksmans as a director in 2022. He advises in the Disputes and Insolvency & Business Rescue practice areas and specialises in liquidation and sequestration applications, the perfection of securities, insolvency enquiries, debtor and insolvency recovery actions and applications, commercial litigation and contractual disputes. Years
- [Adam Pyzikowski](https://werksmans.com/team-members/adam-pyzikowski/) - Adam Pyzikowski is a Director in the Corporate Mergers & Acquisitions practice area. Adam specialises in mergers and acquisitions and has significant experience in transactional as well as general commercial/corporate law matters, encompassing both South African and international transactions/matters, including in the areas of mining and natural resources; sale transactions; business rescue/restructuring transactions; financing and
- [Aarthi Ramdhin](https://werksmans.com/team-members/aarthi-ramdhin/) - Aarthi Ramdhin is a Director in the Banking & Finance and Private Equity practice areas. Aarthi has a broad financing practice with particular experience in acquisition and leverage financing (including senior, mezzanine and subordinated debt), preference share funding, property finance and non-bank lending. She also has developed specialist expertise in the equity capital markets and
- [Lyn o’ Connor](https://werksmans.com/team-members/lyn-o-connor/)
- [Zaida Harneker](https://werksmans.com/team-members/zaida-harneker/)
- [Wendy Rosenberg](https://werksmans.com/team-members/wendy-rosenberg/) - Wendy Rosenberg is the Head of the Digital Media & Electronic Communications Practice Area, also advising in the Technology practice area. Wendy has deep familiarity with media and communication law and has provided extensive media and communications regulatory and related advice in numerous jurisdictions in Africa (including multi-jurisdictional and pan-African matters), with a particular focus
- [Shayne Krige](https://werksmans.com/team-members/shayne-krige/) - Shayne Krige is the Head of the Investment Funds practice area. He also forms part of the Private Equity practice and Corporate Mergers & Acquisitions areas. Shayne specialises in investment funds; private equity; and international transactions. His expertise covers the range of investment fund types – from hedge funds, pension funds to private equity and
- [Sandile July](https://werksmans.com/team-members/sandile-july/) - Sandile July is a Director and the Head of Employment advising in Business Crimes & Investigations; and Disputes practice areas. He specialises in labour law and litigation and the restructuring of state and/or private assets. Sandile provides expert advice in respect of various key pieces of legislation – including the Basic Conditions of Employment Act;
- [Preeta Bhagattjee](https://werksmans.com/team-members/preeta-bhagattjee/) - Preeta Bhagattjee, Director and Head of the Technology & Innovation practice, is a technology law specialist and has extensive experience in communications and digital technology law as well as data protection and cyber-security and intellectual property. Her specialisation includes advising industry leaders on their key strategic technology innovation projects, on major outsourcing and technology projects
- [Paul Tindle](https://werksmans.com/team-members/paul-tindle/) - Paul Tindle is a Director and Head of the Corporate Mergers & Acquisitions practice area. He also advises in the Banking & Finance practice area. Paul is renowned for his expertise in commercial law; mergers & acquisitions; structured finance; and mining law. He is consistently named as a recommended lawyer by The Legal500 in Banking
- [Paul Coetser](https://werksmans.com/team-members/paul-coetser/) - Paul Coetser is Director and Head of Competition, advising in the Business Crimes & Investigations and Telecommunications, Media & Technology practice areas. He advises on appearances before Competition Commission; the Competition Tribunal; the Competition Appeal Court; and ICASA. Paul also provides expert advice on obtaining approval for mergers and takeovers from the competition authorities; and
- [Neil Kirby](https://werksmans.com/team-members/neil-kirby/) - Neil Kirby is a Director and Head of Healthcare & Life Sciences and has been practicing in healthcare regulatory law for over 20 years. He advises in the Healthcare & Life Sciences; Dispute Resolution; Data Privacy and Cybercrime; Land Reform Restitution & Tenure; and Mining, Environmental & Resources practice areas. His specialisations extending to consumer
- [Natalie Scott](https://werksmans.com/team-members/natalie-scott/) - Natalie Scott is a Director and head of the Sustainability practice area. She also practices in the Corporate Mergers & Acquisitions, Technology & Innovation, Mining & Resources and Healthcare & Life Sciences practice areas. Her areas of specialisation include fintech, cryptocurrency, blockchain, artificial intelligence, sustainability linked loans, acquisition and leveraged finance, mergers and acquisitions, financial
- [Marq Gerber](https://werksmans.com/team-members/marq-gerber/)
- [Justin Truter](https://werksmans.com/team-members/justin-truter/) - Justin Truter is a Director and Head of Environmental practice area. He also advises in the Mining & Resources, Construction & Engineering and Infrastructure & Energy practice areas. Justin specialises in constitutional law; administrative law; environmental law; land use planning law; water law; heritage resources law; and mining law. He is the former chairman of
- [Johan Lubbe](https://werksmans.com/team-members/johan-lubbe/) - Johan Lubbe is a Director and Head of Real Estate practice. He specialises in conveyancing; corporate real estate; due diligence investigations; notarial bonds and other notarial work; sectional title and cluster developments; and the transfer of ownership in properties. Johan also advises on the registration of mortgage bonds and servitudes; township developments; consolidations; subdivisions; drafting
- [Hawa Moya](https://werksmans.com/team-members/hawa-moya/) - Focuses on messaging and relationships — both internal (within the company) and external (with the public, media, and stakeholders).
- [Sarah o Brien](https://werksmans.com/team-members/sarah-o-brien/) - Experienced Human Resources Executive with a demonstrated history of working in the professional services industry. Skilled in all aspects of strategic HR including team management, leadership and coaching.
- [Cari Cole-Morgan](https://werksmans.com/team-members/cari-cole-morgan/) - Cari Cole-Morgan is a Director at Werksmans and Head of Knowledge Management. From 2000 – 2006 she was a Director, practising in Corporate Mergers & Acquisitions. Cari re-joined Werksmans in 2013 to head up Knowledge Management. Practice areas Corporate Mergers & Acquisitions Expertise Your Content Goes Here Relevant Experience Your Content Goes Here Career Admitted as
- [David Hertz](https://werksmans.com/team-members/david-hertz/) - David Hertz joined Werksmans as a Candidate Attorney in 1989. He has been ranked as a leading lawyer in numerous independently-conducted ratings of the legal profession locally and internationally and previously led the Werksmans Dispute Resolution & Litigation Practice for ten years to its current pre-eminent position. Practice areas Your Content Goes Here Expertise Litigation
- [Jeremy Botha](https://werksmans.com/team-members/jeremy-botha/) - Jeremy Botha was appointed Chief Executive Officer of Werksmans Attorneys in April 2006. His background was initially financial management and taxation at some of South Africa’s largest corporates. Prior to joining Werksmans, he was the General Manager of Adams and Adams, a large intellectual property law firm, for a period of five years. During this
- [Jennifer Smit](https://werksmans.com/team-members/jennifer-smit/) - Jennifer Smit is a Director and has significant experience in construction and engineering; administrative law; insolvency law; general contractual claims and recoveries of a general commercial nature, and lease and property disputes. Her administration and review-related work is founded in various sectors from mining and oil & gas to hospital IT, infrastructure and horse racing.
- [Janine Hollesen](https://werksmans.com/team-members/janine-hollesen/) - Janine Hollesen is a Director and Head of the Intellectual Property (IP) practice area. She specialises in all aspects of IP law, including trade mark clearance searches and registration; protection and enforcement of IP rights; IP litigation; unlawful competition; counterfeit goods; and domain name disputes. Janine also advises on commercial matters such as securitisation and
- [Eric Levenstein](https://werksmans.com/team-members/eric-levenstein/) - Eric Levenstein has been a Director of Werksmans Attorneys since 1993 and is the head of the firm’s Insolvency & Business Rescue Practice. He has a particular focus on litigation, business rescue and insolvency, with expertise extending to director liability issues. He regularly delivers seminars and writes for various publications on these topics, among others. He served
- [Elliott Wood](https://werksmans.com/team-members/elliott-wood/) - Elliott Wood is a Director advising across the Banking & Finance; Corporate Mergers & Acquisitions; and Financial Services Regulation practice areas. He specialises in banking and finance matters (including acquisition and leveraged finance; aviation finance; and corporate finance); mergers & acquisitions; private equity; structured finance; syndicated and bilateral financing structures; international transactions; acquisitions and management/leveraged buy-outs;
- [Doelie Lessing](https://werksmans.com/team-members/doelie-lessing/) - Doelie Lessing is a Director and Head of the Tax and Private Wealth practice areas with over 20 years of experience in tax law. She is deeply experienced in tax considerations as relates to mergers; corporate reorganisations; funding and financial services; local and foreign investment fund and deal structuring; and multi-jurisdictional investments and structures. She
- [David Williams](https://werksmans.com/team-members/david-williams/) - Your Content Goes Here
- [Danny Andropoulos](https://werksmans.com/team-members/danny-andropoulos/) - Danny Andropoulos is a Director and Head of Werksmans’ Commercial Department. He advises in the Banking & Finance, Corporate Mergers & Acquisitions and Insolvency & Business Rescue practice areas. Danny specialises in various aspects of banking and finance including the restructure of financially constrained and/or distressed companies, asset finance, acquisition and leveraged finance, preference share transactions
- [Chris Moraitis](https://werksmans.com/team-members/chris-moraitis/) - Chris Moraitis is a Director and Head of the Infrastructure, Energy & Projects practice area, extending his expertise to the Banking & Finance; Construction & Engineering; and Financial Services Regulation practice areas. Chris is a highly-skilled specialist able to advise across a broad range of regulatory and financing transactions – from debt capital market offerings and
- [Dakalo Singo](https://werksmans.com/team-members/dakalo-singo/) - Dakalo Singo is a Director and Head of the Pro Bono practice. He specialises in constitutional, public interest and human rights law, general dispute resolution and civil litigation, as well as labour and employment law. Dakalo has authored several articles which have been published in law journals and is a contributing author to two textbooks
- [Corlett Manaka](https://werksmans.com/team-members/corlett-manaka/) - Corlett Manaka is Head of Litigation & Dispute Resolution and a member of the Werksmans Inc. Executive Committee. He advises across the practice areas of Business Crimes & Investigations; Dispute Resolution; and Insolvency, Business Rescue & Restructuring. Corlett specialises in aviation law and litigation; commercial litigation; competition law; regulatory law; local government law; and constitutional and
- [Candice de Bruin](https://werksmans.com/team-members/candice-de-bruin/) - Candice heads the firm’s business development function which is responsible for client retention, exploring new business opportunities, and developing brand strategies to ensure the firm remains front of mind. She brings over 20 years within the professional services sector with experience across London, New York, and South Africa. In her various roles, she has provided
- [Bulelwa Mabasa](https://werksmans.com/team-members/bulelwa-mabasa/) - Bulelwa Mabasa is a Director and Head of the Land Reform Practice. Her expertise is spread across a number of key practice areas which includes the following: Dispute Resolution; which includes land reform, restitution and tenure law, administrative and constitutional law; tenders and procurement; due diligence investigations; expropriation litigation; mining regulatory and mining litigation and
- [Bernard Hotz](https://werksmans.com/team-members/bernard-hotz/) - Bernard Hotz is the Head of the Business Crimes & Investigations Practice Area. A highly experienced commercial litigator, he is also extremely versatile being active in other practice areas at the firm namely Arbitration and Dispute Resolution. Bernard specialises in all aspects of general commercial litigation. This includes corporate fraud/business crimes; insurance and banking litigation;
- [Ahmore Burger-Smidt](https://werksmans.com/team-members/ahmore-burger-smidt/) - Recognised as the data privacy lawyer of choice for multinational corporations, regulatory bodies, and industry leaders, Ahmore Burger-Smidt brings over 30 years of legal expertise with a deep focus on data privacy, regulatory compliance, and competition law. As Director since 2011, Ahmore combines authoritative legal knowledge with practical advisory skills, helping clients navigate complex data protection
- [Chris Stevens](https://werksmans.com/team-members/chris-stevens/) - Chris Stevens is a Director and Head of the Mining & Resources, advising in the Corporate Mergers & Acquisitions and Land Reform practice areas. Chris is deeply skilled in matters relating to due diligence; opinion work; administrative appeals and reviews; mining title registration; and resources law. He is a sought-after advisor on mining transactions; mining
- [Zola Yaka](https://werksmans.com/team-members/zola-yaka/) - Zola Yaka is an Associate in the Disputes and Insolvency & Business Rescue practice areas. She is an admitted attorney of the High Court of South Africa, having been admitted in 2022. She holds an LLB and an LLM in commercial law from the University of Cape Town. Zola has experience in banking and finance
- [Luke Magerman](https://werksmans.com/team-members/luke-magerman/) - Luke Magerman is an Associate in the Tax practice area. He holds a BComm (law) as well as an LLB from the University of Stellenbosch, where he received distinctions for multiple subjects and graduated with his LLB with distinction. He has experience and has advised on international and domestic corporate taxation (including corporate reorganisations, mergers
- [Siphosakhe Phakathi](https://werksmans.com/team-members/siphosakhe-phakathi/) - Siphosakhe Phakathi is a Senior Associate specialising in Healthcare & Life Sciences, Disputes and Regulatory practice areas. She advises on the provisions of the Promotion of Access to Information Act, the Promotion of Access to Personal Information Act, the Promotion of Administrative Justice Act, consumer protection law, compliance with healthcare legislation and related regulations, including,
- [Mbongiseni Hlongwana](https://werksmans.com/team-members/mbongiseni-hlongwana/) - Mbongiseni is a Senior Associate at the firm's Corporate M&A, Investment Funds & Private Equity practices, with experience in drafting, negotiating and advising on a variety of commercial agreements for clients in different sectors and industries. Mbongiseni advises on Investment Funds, Private Equity, Corporate M&A, International Transactions, Corporate Structuring, general Corporate and Commercial Law, and
- [Rebecca Plekker](https://werksmans.com/team-members/rebecca-hill/) - Rebecca Plekker is a Senior Associate in the in the Arbitration; Construction & Engineering and Dispute Resolution practice areas. She specialises in matters related to commercial dispute resolution; contract dispute resolution; building, construction and engineering dispute resolution; insurance law; administrative law; procurement law; domestic arbitrations and mediations; and High Court litigation PRACTICE AREAS Construction &
- [Obakhe Bukula](https://werksmans.com/team-members/obakhe-bukula/) - Obakhe Bukula is a Senior Associate in the Commercial Department at Werksmans, specialising in Banking & Finance and Corporate Mergers & Acquisitions. She advises principally in corporate mergers and acquisitions, corporate restructuring, due diligence investigations, share subscriptions, funds and private equity. Obakhe also has experience in debt capital markets (with experience in listed and unlisted
- [Nothando Nyoni](https://werksmans.com/team-members/nothando-nyoni/) - Nothando Nyoni is an Associate in the Pro Bono Department. She assists in offering pro bono legal advice and assistance to indigent and vulnerable clients. She has experience in public interest and human rights litigation, general dispute resolution and civil litigation, as well as labour and employment law litigation. Her work also extends to matters
- [Neo Sewela](https://werksmans.com/team-members/neo-sewela/) - Neo Sewela is a Senior Associate specializing in Employment. He advises on various key pieces of legislation – including the Labour Relations Act; Basic Conditions of Employment Act; the Employment Equity Act; the Skills Development Act; the Unemployment Insurance Fund; and on compensation for Occupational Injuries and Diseases Act. With a special focus on labour
- [Nombulelo Bashe](https://werksmans.com/team-members/nombulelo-bashe/) - Nombulelo Bashe is an is an admitted attorney of the High Court of South Africa and an Associate in the firm’s Dispute Resolution and Insolvency and Business Rescue practice areas. She advises in commercial dispute resolution and litigation. Her experience includes regulatory compliance work and exposure to financial sector and consumer protection legislation. Nombulelo holds
- [Tebogo Sibidla](https://werksmans.com/team-members/tebogo-sibidla/) - Tebogo Sibidla is a Director in the Digital Media & Electronic Communications Practice Area, specialising in media and communications regulatory and competition law. This includes licensing and regulation of audio and audiovisual broadcasting services; broadcasting signal distribution; lotteries and gambling law (including interactive gambling); data privacy, protection & cybersecurity; and electronic communications and transactions. Tebogo also
- [Mishka Ramraj](https://werksmans.com/team-members/mishka-ramraj/) - Mishka Ramraj is an Associate within the Project Finance, Energy & Infrastructure and Banking & Finance practice areas. Prior to entering practice with Werksmans Attorneys, Mishka earned a Bachelor of Laws degree (summa cum laude) from the University of KwaZulu-Natal. In her role as Associate I in the Commercial Department, Mishka brings her expertise to
- [Zamokuhle Ifeadi](https://werksmans.com/team-members/zamokuhle-ifeadi/) - Zamokuhle Ifeadi is an Associate in the Corporate Mergers & Acquisitions practice bringing specialised expertise in mergers and acquisitions, company law, and a broad range of commercial matters. Zamokuhle has experience in drafting and negotiating a wide array of commercial agreements, including shareholders’ agreements, sale of shares, subscriptions, leases, supply and distribution agreements, settlement agreements,
- [Tamaryn Robinson](https://werksmans.com/team-members/tamaryn-robinson/) - Tamaryn Robinson is an Associate in the Commercial department. PRACTICE AREAS Corporate Mergers & Acquisitions Mining & Resources
- [Siphamandla Dhlamini](https://werksmans.com/team-members/siphamandla-dhlamini/) - Siphamandla Dhlamini is an Associate and advises on various administrative and constitutional law matters relating to state procurement, mining and environmental matters. He is well-acquainted with all aspects of land reform, restitution and tenure, including evictions, labour tenant matters, relocations, expropriation, land claims, and informal land rights. He also advises on general dispute resolution and litigation.
- [Slade van Rooyen](https://werksmans.com/team-members/slade-van-rooyen/) - Years of Experience: 2 years PRACTICE AREAS Disputes Healthcare & Life Sciences Regulatory
- [Ntombi Nzimande](https://werksmans.com/team-members/ntombi-nzimande/) - Ntombi Nzimande is an Associate in the Competition Law practice area. Her experience also extends to the Insolvency and Business Rescue practice area, with a particular focus on liquidations. Ntombi advises clients on various litigious and non-litigious competition law matters, including prohibited practices such as cartels and abuse of dominance, merger control and competition law
- [Nothando Madondo](https://werksmans.com/team-members/nothando-madondo/) - Nothando Madondo is an Associate in the Digital Media & Electronic Communications practice area. She assists in providing regulatory and compliance advice to clients in the media and technology sector across various jurisdictions in Africa. In addition to her work in media and technology she has a growing interest in space law, with a particular
- [Mmatshepo Papo](https://werksmans.com/team-members/mmatshepo-papo/) - Mmatshepo Papo is an Associate in the Commercial Practice Area. She holds an LLB from the University of Pretoria. PRACTICE AREAS Corporate Mergers & Acquisitions Disputes
- [Odwa Dokomfana](https://werksmans.com/team-members/odwa-dokomfana/) - Odwa Dokomfana is an Associate in the Commercial Department at Werksmans, specialing in Banking & Finance, Corporate Mergers & Acquisitions and Business Rescue & Insolvency. He advises on various commercial transactions, including solvent corporate debt restructuring, restructuring of financially constrained and/or distressed companies, corporate due diligence investigations, debt capital markets (with experience in securitisation schemes of
- [Nyeleti Baloyi](https://werksmans.com/team-members/nyeleti-baloyi/) - Nyeleti Baloyi is an Associate in the Tax practice area. She holds an LLB degree with distinction from the University of Pretoria, where she was consistently recognized for her academic excellence by being placed on the Dean’s List in 2019, 2020, 2021, and 2022. Following her graduation, Nyeleti joined Werksmans as a candidate attorney. She is
- [Lender Mazibuko](https://werksmans.com/team-members/lender-mazibuko/) - Lender Mazibuko is an Associate specializing in Employment Law, with comprehensive experience across both the private and public sectors. She provides expert legal advice on a wide range of labour and employment matters, including industrial relations, regulatory compliance, dispute resolution, and organisational restructuring. Before joining Werksmans Attorneys, Lender held the position of Senior Industrial Relations
- [Lauren Webber](https://werksmans.com/team-members/lauren-webber/) - Lauren Webber is an Associate in the Commercial Litigation and Dispute Resolution practice areas. PRACTICE AREAS Disputes
- [Laeeqah Kassiem](https://werksmans.com/team-members/laeeqah-kassiem/) - Laeeqah Kassiem is an Associate practicing in several areas, namely Dispute Resolution, Corporate Mergers and Acquisition and Private Equity. She holds a BCom (Economics with Law) (with distinction in Economics) and LLB cum laude from the University of Cape Town. She has experience with various court proceedings and alternative dispute resolution procedures. She also has experience with overseeing and
- [Khanyisa Tshoba](https://werksmans.com/team-members/khanyisa-tshoba/) - Khanyisa Tshoba is an Associate in the Construction and Corporate Mergers & Acquistions practice areas. PRACTICE AREAS Construction & Engineering Corporate Mergers & Acquisitions
- [Zania Oosthuizen](https://werksmans.com/team-members/zania-oosthuizen/) - Director Zania Oosthuizen advises in the Disputes, and Insolvency & Business Rescue practice areas. Her area of specialisation is insolvency law, and she advises in general commercial litigation and dispute resolution. Zania holds a BCom Law (cum laude) and an LLB (cum laude) from the University of Pretoria. Her career highlights include receiving the Vice
- [Anna Tchalov](https://werksmans.com/team-members/anna-tchalov/) - Anna Tchalov is an Associate in the Labour and Employment practice area. Prior to obtaining her LLB degree from the University of Cape Town, Anna completed her BSocSci degree in Politics, Philosophy and Economics from the University of Cape Town. PRACTICE AREAS Employment
- [Des Williams](https://werksmans.com/team-members/des-williams/) - Des Williams, a Consultant at Werksmans Attorneys, is deeply experienced in commercial litigation and alternative dispute resolution, including international litigation; arbitration; and mediation. He has been involved in many of the largest and most complex litigation and arbitration matters in South Africa and is named in numerous publications for his expertise in litigation and arbitration;
- [Derek Rabin](https://werksmans.com/team-members/derek-rabin/) - Derek Rabin is Consultant in the Corporate Mergers & Acquisitions practice area with significant M&A experience. He has represented global multinationals and many listed and foreign corporations. He is often requested to specifically be involved in the negotiations and strategy regarding corporate transactions.
- [Zoë Austen](https://werksmans.com/team-members/zoe-austen/) - Zoë Austen is an Associate with a focus in the Infrastructure, Energy & Projects and Banking & Finance practice areas. Her experience extends to Insolvency & Business Rescue, as well as to Construction & Engineering. Zoë advises on a broad range of financing transactions, including project finance transactions, asset acquisitions, limited recourse financing, and public-private
- [Tusani Fakude](https://werksmans.com/team-members/tusani-fakude/) - Tusani Fakude is an Associate in the Corporate M&A practice area. Years of Experience: 4 years PQE PRACTICE AREAS Corporate Mergers & Acquisitions Commercial Business Transactions Business Agreements Commercial Property
- [Thulani Dlamini](https://werksmans.com/team-members/thulani-dlamini/) - Thulani Dlamini is an Associate in the Business Crimes & Investigations and Disputes practice areas. After completing his LLB degree at the University of Cape Town, he joined Werksmans as a candidate attorney. Although he currently specialises in Business Crimes & Investigations, general commercial litigation, and general and administrative law disputes, Thulani also has experience
- [Salome Rankapole](https://werksmans.com/team-members/salome-rankapole/) - Salome is an Associate in the Construction and Engineering practice area. Years of Experience: 5 Years (inclusive of articles). PRACTICE AREAS Construction & Engineering Insolvency & Business Rescue
- [Robyn Schonegevel](https://werksmans.com/team-members/robyn-schonegevel/) - Robyn Schonegevel is an Associate in the Tax practice area. She holds a BA (law) cum laude and LLB cum laude from Stellenbosch University. Robyn has experience advising on tax-related matters, including international tax planning; mergers, acquisitions and corporate reorganisations; employee incentive schemes; and value-added tax. Years of Experience: 2 years PRACTICE AREAS Tax
- [Raisah O Mahomed](https://werksmans.com/team-members/raisah-o-mahomed/) - Raisah Mahomed is an Associate in the Competition (antitrust) practice area specialising in all litigious and non-litigious/advisory aspects of competition law, including contested and uncontested merger approvals; cartels, abuse of dominance and other prohibited practices investigations; interim relief proceedings; and compliance. Raisah has advised clients in cases covering, inter alia, the following industries: mining, automotive,
- [Ncumisa Breakfast](https://werksmans.com/team-members/ncumisa-breakfast/) - Ncumisa is an associate in the Employment practice area with right of appearance in the High Court of South Africa. She holds a Bcom Law as well as an LLB degree, both from the University of Witwatersrand and is currently advancing her expertise with a PGDip in Advanced Labour Law from the same institution. Ncumisa’s
- [Lindani Majalumani](https://werksmans.com/team-members/lindani-majalumani/) - Lindani Majalumani is an Associate in our Business Crimes and Investigations practice area. He is a skilled commercial litigator with experience in Higher and Lower Courts litigation, Arbitration and Mediation. In addition to fraud/business crimes, Lindani specialises in various aspects of general litigation i.e., contractual disputes, administrative law, banking litigation and security services disputes. Lindani
- [Kwanele Diniso](https://werksmans.com/team-members/kwanele-diniso/) - Kwanele Diniso is an Associate specializing in Competition (Antitrust) Law. He advises on various aspects of competition law such as, inter alia, merger control (in South Africa and Africa), market inquiries, cartels and other prohibited practices involving both litigious and non-litigious/advisory work. Kwanele Diniso is an admitted attorney of the High Court of South Africa.
- [Karabo Kekana](https://werksmans.com/team-members/karabo-kekana/) - Karabo Kekana is an Associate in the Disputes and the Insolvency & Business Rescue practice areas. He advises in commercial litigation and insolvency-related matters including general commercial and contractual disputes, liquidations and corporate debt recovery. PRACTICE AREAS Disputes Insolvency & Business Rescue Regulatory
- [Janice Geel](https://werksmans.com/team-members/janice-geel/) - Janice Geel is a Candidate Attorney in the Banking and Finance Department. She completed her LLB degree (cum laude) at the University of Pretoria, where she was on the Dean’s List consecutively from her first to fourth year of studies. Whilst studying, Janice tutored Jurisprudence and Introduction to Roman Law to first-year law students. In
- [Francisca Heese](https://werksmans.com/team-members/francisca-heese/) - Francisca Heese is an Associate in the Corporate Mergers and Acquisitions, Private Equity and Technology and Innovation practice areas. Francisca holds a BCom (Law), LLB and LLM (cum laude) from the University of Stellenbosch and is a member of the Golden Key International Honours Society. Years of Experience: 2 years PRACTICE AREAS Corporate Mergers &
- [Esna Mӓtschke](https://werksmans.com/team-members/esna-mӓtschke/) - Esna Mӓtschke is an Associate in the Real Estate practice Area. She holds a BA (Law), LLB and LLM from the University of Stellenbosch. Esna specialises in property development; drafting of commercial property agreements; corporate real estate; and general conveyancing practice. Years of Experience: 2 years PRACTICE AREAS Real Estate
- [Brandon Starr](https://werksmans.com/team-members/brandon-starr/) - Brandon Starr is an Associate and advises in the Insolvency & Business Rescue and Dispute Resolution practice areas. After graduating cum laude with a Bachelor of Laws from the University of Cape Town, he joined Werksmans as a candidate attorney. He has represented debtor companies and creditors in business rescue proceedings and has broad experience
- [Amogelang Magano](https://werksmans.com/team-members/amogelang-magano/) - Amogelang Magano is an Associate in the Litigation and Dispute Resolution practice area. She pursued her undergraduate degree in Bachelor of Arts majoring in Psychology at the University of Johannesburg. She subsequently pursued her Bachelor of Laws degree at the University of the Witwatersrand, where she was consecutively on the Dean’s List from first year
- [Yusri Adams](https://werksmans.com/team-members/yusri-adams/) - Senior Associate Yusri Adams works in the Dispute Resolution practice area. PRACTICE AREAS Disputes
- [Wesley Vos](https://werksmans.com/team-members/wesley-vos/) - Wesley Vos is a Senior Associate in the Corporate Mergers & Acquisitions and Private Equity practice areas. He specialises in mergers & acquisitions in South Africa; corporate restructuring; private equity; general finance; commercial property; and general corporate and commercial law. Wesley has experience in drafting transaction documents in complex cross-border transactions, conducting and managing local
- [Thomas Karberg](https://werksmans.com/team-members/thomas-karberg/) - Thomas Karberg is a Senior Associate and advises on various administrative and constitutional law matters relating to state procurement, mining and environmental matters, and B-BBEE. He is well-acquainted with all aspects of land reform, restitution and tenure, including evictions, labour tenant matters, relocations, expropriation, land claims, and informal land rights. He also advises on general
- [Palesa Serumula](https://werksmans.com/team-members/palesa-serumula/) - Palesa Serumula is a Senior Associate in the Commercial team. Palesa forms part of a team which specialises in debt and preference share funding transactions, acting for both funders and borrowers, and is routinely responsible for project management, security documents and a variety of conditions precedents in relation to those transactions. PRACTICE AREAS Banking &
- [Nasheetah Smith](https://werksmans.com/team-members/nasheetah-smith/) - Senior Associate Nasheetah Smith works in the Disputes and Employment practice areas. She specialises in insurance litigation; media litigation; constitutional and administrative law; commercial litigation; and delict. PRACTICE AREAS Disputes Employment
- [Mohamed Hoosen](https://werksmans.com/team-members/mohamed-hoosen/) - Mohamed Hoosen is a Senior Associate in the Business Crimes & Investigations and Disputes practice areas. He specialises in arbitration; mediation; alternative dispute resolution; corporate fraud/business crimes; banking litigation; administrative law; information technology law; unlawful competition law (including restraints of trade and Anton Piller orders); all areas of intellectual property litigation; trade mark and copyright
- [Lwazi Mtshilibe](https://werksmans.com/team-members/lwazi-mtshilibe/) - Lwazi Mtshilibe is a Senior Associate in the Competition and Regulatory practice areas. PRACTICE AREAS Competition Regulatory
- [Luyanda Lebepe](https://werksmans.com/team-members/luyanda-lebepe/) - Luyanda Lebepe is a Senior Associate in the Litigation Department. She specializes in commercial and general litigation, arbitrations, dispute resolution, regulatory compliance, as well as pro bono legal advice and assistance. Years of Experience: 7 years PRACTICE AREAS Disputes
- [Leelan Moodliar](https://werksmans.com/team-members/leelan-moodliar/) - Leelan Moodliar is a Senior Associate in the Disputes and Insolvency & Business Rescue practice areas. He advises in insolvency related matters including: liquidation and sequestration proceedings, insolvency enquiries, debtor and insolvency recovery actions and applications. PRACTICE AREAS Disputes Insolvency & Business Rescue
- [Kyle Changlrayn](https://werksmans.com/team-members/kyle-changlrayn/) - Kyle Changlrayn is a Senior Associate in the Banking & Finance and Private Equity practice areas. He completed his LLB degree at the University of Kwa-Zulu Natal (Howard College). After obtaining his LLB degree, Kyle joined The Standard Bank of South Africa on their graduate programme from 2016 to 2018. In 2018, Kyle commenced his
- [Kristen Elliott](https://werksmans.com/team-members/kristen-elliott/) - Kristen Elliott is a Senior Associate in the Real Estate practice area. She specialises in all aspects relating to Property law including general conveyancing practice; corporate real estate; notarial bonds and other notarial work; registration of mortgage bonds and the transfer of ownership in conventional and sectional title scheme properties. Kristen is able to advise
- [Kerisha Reddy](https://werksmans.com/team-members/kerisha-reddy/) - Kerisha Reddy is a Senior Associate in the Insolvency, Business Rescue and Restructuring practice area. Kerisha has experience in commercial litigation which includes High Court applications, trial work, arbitrations and insolvency law, with a particular focus on insolvency inquiries in terms of section 417 read with section 418 of the Companies Act, 61 of 1973.
- [Jennifer Begg](https://werksmans.com/team-members/jennifer-begg/) - Jennifer Begg is a Senior Associate in our Banking & Finance practice area. PRACTICE AREAS Banking & Finance Jennifer has experience in listed and private M&A and direct lending transactions.
- [Harshul Mistri](https://werksmans.com/team-members/harshul-mistri/) - Harshul Mistri is an accomplished Senior Associate in the Corporate Mergers & Acquisitions and Banking & Finance practice areas. With a strong educational background, Harshul holds a BCom Degree with a triple major in Law, Corporate Finance & Investment, and Insurance and Risk Management. Additionally, he has earned an LLB Degree with distinction from the
- [Gabriel Koski](https://werksmans.com/team-members/gabriel-koski/) - Gabriel Koski is a Senior Associate in the Corporate Mergers & Acquisitions practice area. He holds an LLB from the University of the Witwatersrand, where he was on the Dean’s List consecutively from first to fourth year and graduated with distinction. After completing his LLB, Gabriel pursued his Professional Commercial Masters Degree at the University
- [Emma de Doncker](https://werksmans.com/team-members/emma-de-doncker/) - Emma de Doncker is a Senior Associate in the Insolvency & Business Rescue practice area. Emma has experience in Regulatory and Compliance Matters in the Digital Media and Electronic Communications practice area and advises on dispute resolution, insolvency, business rescue and restructuring, liquidations and sequestrations. She holds an LLB from the University of Cape Town.
- [Dannielle Fiff](https://werksmans.com/team-members/dannielle-fiff/) - Dannielle Fiff is a Senior Associate in the Intellectual Property Practice. She holds a BTech in Quantity Surveying from the Cape Peninsula University of Technology, graduating with distinction. Dannielle thereafter completed an LLB at Stellenbosch University. She has also completed examinations with the South African Institute of Intellectual Property Law. Dannielle deals with trade mark
- [Daniella van Wyk](https://werksmans.com/team-members/daniella-van-wyk/) - Daniella van Wyk is an Senior Associate in the Banking & Finance and Corporate Mergers & Acquisitions practice areas. She advises on leveraged finance, property finance and corporate finance. Daniella also has experience in mergers & acquisitions transactions, including the drafting of commercial agreements. PRACTICE AREAS Banking & Finance Corporate Mergers & Acquisitions
- [Amy Mackechnie](https://werksmans.com/team-members/amy-mackechnie/) - Amy Mackechnie is a Senior Associate in the Insolvency and Business Rescue practice area. She holds a BCom Law degree and an LLB degree from the University of Johannesburg. Amy further enhanced her qualifications by completing the Certified Rescue Analyst course at the University of Pretoria. Amy has significant experience in commercial litigation and corporate
- [Akshay Keshav](https://werksmans.com/team-members/akshay-keshav/) - Akshay Keshav is a Senior Associate in the Business Crimes & Investigations practice area. He specialises in general commercial litigation and corporate forensic investigations, with a particular focus on white-collar crime. Akshay frequently advises on compliance with the Prevention and Combatting of Corrupt Activities Act; the Prevention of Organised Crime Act; the Public Finance Management
- [Abena Osei](https://werksmans.com/team-members/abena-osei/) - Abena Osei is a Senior Associate in the Disputes practice area. She specialises in major commercial litigation with a focus on international arbitration, investment treaty arbitration and cross border disputes and technology disputes. She also specialises in High Court litigation, alternative dispute resolution and unlawful competition (including the enforcement of restraint of trade agreements). Abena
- [Walid Brown](https://werksmans.com/team-members/walid-brown/) - Walid Brown is a Director in the Disputes and Insolvency & Business Rescue practice areas. He specialises in complex liquidations of companies and groups; Directors Liability under the Companies Act; perfection of notarial bonds; foreclosure on commercial and residential properties; corporate recoveries and restructuring; commercial litigation; property litigation; long-term insurance; and professional indemnity. His expertise
- [Varshani Ramson](https://werksmans.com/team-members/varshani-ramson/) - Varshani Ramson is a Director in the Tax practice area. She specialises in domestic and international corporate taxation, cross-border tax advisory, corporate restructures and offshore tax planning, withholding taxes and South African exchange controls. PRACTICE AREAS Tax
- [Tsholofelo Inno](https://werksmans.com/team-members/tsholofelo-inno/) - Tsholofelo Inno is a Director in the Disputes and Insolvency and Business Rescue practice areas. She specialises in insolvency; business rescue; arbitration; mediation; alternative dispute resolution; property litigation; and general commercial litigation. Tsholofelo is able to advise on a number of matters related to commercial litigation; contractual law; business rescue transactions and restructuring; insolvency law;
- [Trevor Boswell](https://werksmans.com/team-members/trevor-boswell/) - Trevor Boswell is a Director in the Disputes practice area. He brings to the industry over 13 years’ experience in the field of dispute resolution, working on matters for a variety of clients across a broad spectrum of sectors and industries. Trevor has extensive experience in the areas of unlawful competition; arbitration; mediation; Anton Piller
- [Tracy-Lee Janse van Rensburg](https://werksmans.com/team-members/tracy-lee-janse-van-rensburg/) - Tracy – Lee Janse van Rensburg is a Director, practising in the Banking & Finance, Technology & Innovation and Regulatory practice areas. She specialises in banking and financial services regulation; debt capital markets; leveraged and acquisition finance; leveraged management buy-outs; securitisation; and syndicated and bilateral financing structures. Additionally, Tracy-Lee, has an array of expertise across
- [Taryn Potter](https://werksmans.com/team-members/taryn-potter/) - Taryn Potter is a Director in the Corporate Mergers & Acquisitions and Real Estate practice areas. She specialises in mergers & acquisitions; property law and real estate; listings; international and cross-border transactions; acquisitions and management/leverage buy-outs; corporate finance and structuring. Taryn also advises on matters related to the restructuring of corporate entities; employee incentivisation plans;
- [Tania Volschenk](https://werksmans.com/team-members/tania-volschenk/) - Tania Volschenk is a Director in the Environmental Law and Property & Real Estate practice areas. She specialises in property development; land use planning, and environmental and heritage law. A registered Professional Town Planner, Tania is also experienced in all town planning-related matters, i.e. rezoning and subdivision applications; environmental impact and basic assessments; township development;
- [Tahera Bata](https://werksmans.com/team-members/tahera-bata/) - Tahera Bata is a Director in the Real Estate practice area and specialises in conveyancing, corporate real estate, transfer of ownership in residential and commercial properties, mortgage bonds including commercial mortgage bonds, notarial bonds, notarial deeds, servitudes, township developments, consolidations, subdivisions, sectional title developments and due diligence investigations. Years of Experience: 21 years PRACTICE AREAS
- [Stephan Lochner](https://werksmans.com/team-members/stephan-lochner/) - Stephan Lochner advises in the Corporate Mergers & Acquisitions, Capital Markets and Mining & Resources practice areas. He specialises in general mergers and acquisitions, mining transactions, cross-border transactions, listings/flotations and black economic empowerment transactions. A Director since 2011, Stephan holds a BCom (Law) and an LLB from Stellenbosch University and Universiteit Leiden in The Netherlands.
- [Simone Gast](https://werksmans.com/team-members/simone-gast/) - Simone Gast is a Director in the Disputes practice area. She specialises in dispute resolution; High Court litigation, arbitration and alternative dispute resolution; and unlawful competition (including enforcing of confidentiality and restraint of trade obligations). Simone also advises in matters of contract law and company law. She holds a BA (cum laude) and an LLB
- [Sidasha Singh](https://werksmans.com/team-members/sidasha-singh/) - Sidasha Singh is a Director in the Banking & Finance practice area. PRACTICE AREAS Banking & Finance
- [Sarah Passmoor](https://werksmans.com/team-members/sarah-passmoor/) - Director Sarah Passmoor provides legal advice for the firm’s Disputes and Investment Funds practice areas. She specialises in pension fund litigation; insurance disputes; arbitration; and mediation and alternative dispute resolution. She holds a BCom (summa cum laude) and an LLB (cum laude) from the University of KwaZulu-Natal, Pietermaritzburg); and completed the Practice Management Training Course
- [Sarah Moerane](https://werksmans.com/team-members/sarah-moerane/) - Sarah Moerane is a Director in the Disputes and Regulatory practice areas. She specialises in aviation law and litigation; commercial litigation; constitutional and administrative law; and municipal law. She holds an LLB from the University of Pretoria and a Certificate in Advanced Administrative Law from the University of the Witwatersrand. PRACTICE AREAS Disputes Regulatory
- [Samantha Sinden](https://werksmans.com/team-members/samantha-sinden/) - Samantha Sinden is a Director in the Telecommunications, Media & Technology practice area. She specialises in the regulatory and compliance aspects of media and communications law and has experience in competition law, consumer protection law and music copyright. This includes advising on all aspects of licensing and regulation of audio and audiovisual broadcasting services; broadcasting
- [Sandile Tom](https://werksmans.com/team-members/sandile-tom/) - Director Sandile Tom forms part of the firm’s Employment practice area, advising on all aspects of employment law; government procurement; municipal legislation; CCMA arbitration; Labour Court reviews; and High Court litigation. Sandile holds an LLB and an LLM (Decentralisation and Public Governance) from the University of the Western Cape. PRACTICE AREAS Employment
- [Ryan Killoran](https://werksmans.com/team-members/ryan-killoran/) - Ryan Killoran is a Director in the Tax practice area. He specialises in taxation of domestic and cross-border financial instruments and investment products; private equity fund formation and tax structuring for international investment funds; private equity deal structuring; and mergers, acquisitions and reorganisations of corporate entities. He also is deeply experienced in international tax planning
- [Rudolph Raath](https://werksmans.com/team-members/rudolph-raath/) - Director Rudolph Raath advises in the Competition practice area, with a focus on prohibited practices and complaint litigation. He is named as a recommended lawyer in Competition Law by The Legal 500 in 2019 – 2020. PRACTICE AREAS Competition
- [Roger Wakefield](https://werksmans.com/team-members/roger-wakefield/) - Roger Wakefield has over 30 years’ experience at Werksmans as a highly skilled litigation and dispute resolution lawyer. He specialises in major commercial litigation with a focus on international arbitration; investment treaty arbitration and cross border disputes; technology disputes and Maritime Law. Roger has deep expertise in cross border disputes; enforcements of foreign judgments; and
- [Roelof Bonnet](https://werksmans.com/team-members/roelof-bonnet/) - Roelof Bonnet is a Director in the Corporate Mergers & Acquisitions practice area. His experience includes mergers and acquisitions, corporate finance, joint ventures and the formation, structuring and restructuring of business entities. Roelof regularly advises prominent listed and private companies across a range of sectors, including manufacturing, mining, construction, technology and private equity. PRACTICE AREAS
- [Robyn Armstrong](https://werksmans.com/team-members/robyn-armstrong/) - Robyn Armstrong is a Director in the Tax Practice. She specialises in international tax and succession planning for wealthy individuals and families, local and offshore trusts and the taxation of international share schemes. Robyn holds a BCom (Law), a BCom Honours (Financial Management) and an LLB (cum laude), all from the University of Pretoria. She
- [Robert Driman](https://werksmans.com/team-members/robert-driman/) - Robert Driman is a Director in the Banking & Finance; Corporate Mergers & Acquisitions; and Investment Funds practice areas. He specialises in transactions involving banking and financial institutions and regulation; regulatory issues; international transactions; exchange control; finance; crisis management; and business rescue. Robert has extensive experience in resolving complex high-profile corporate, commercial and regulatory issues
- [Richard Roothman](https://werksmans.com/team-members/richard-roothman/) - Richard Roothman, Director, in the Banking & Finance practice area. Richard specialises in banking and financial services regulation; debt capital markets; exchange control; leveraged and acquisition finance; leveraged and management buy-outs; project and limited recourse finance; structured finance transactions; listings/flotations; public offerings and private placements; securitisation, and syndicated and bilateral financing structures. Richard is consistently
- [Refilwe Moitse](https://werksmans.com/team-members/refilwe-moitse/) - Refilwe Moitse is a Director in the Land Reform, Mining & Resources and Environmental practice areas. She specializes in several aspects of commercial litigation and alternative dispute resolution. In particular, her areas of specialisation include property law; land reform, expropriations and evictions; administrative and constitutional law; procurement law; as well as mining and environmental law.
- [Rael Gootkin](https://werksmans.com/team-members/rael-gootkin/) - Rael Gootkin is a Director in the Disputes, Insolvency & Business Rescue and Real Estate practice areas. He specialises in banking litigation; factoring agreements; perfecting notarial bonds and other forms of security; landlord and tenant disputes; and in settling partnership and shareholders disputes. Rael is also highly experienced in insolvency and business rescue-related matters under
- [Pieter Steyn](https://werksmans.com/team-members/pieter-steyn/) - Pieter Steyn is a Director at Werksmans who provides expert advice in the Competition, Corporate Mergers & Acquisitions and Financial Services Regulation practice areas. He specialises in various areas of commercial and corporate law as it relates to companies, cross-border transactions, mergers and acquisitions, management buy-outs, restructuring of corporate entities, black economic empowerment transactions, and
- [Pierre le Roux](https://werksmans.com/team-members/pierre-le-roux/) - Pierre le Roux is a Director in the Corporate Mergers & Acquisitions, Disputes and Private Equity practice areas. He specialises in mergers & acquisitions in South Africa; structured loans and security; commercial property; agricultural commercial transactions; and black economic empowerment transactions. Pierre also has deep experience in corporate finance and structuring; corporate governance; listings/flotations; leveraged
- [Phuti Mashalane](https://werksmans.com/team-members/phuti-mashalane/) - Phuti Mashalane is a Director in our Competition practice area. He focuses on all aspects of competition law, including merger notifications and proceedings, leniency applications, exemption applications, managing dawn raids, and competition compliance programmes. His experience includes merger filings, including multi-jurisdictional mergers in Africa, as well as cartel and prohibited practice investigations in South Africa
- [Paul Cleland](https://werksmans.com/team-members/paul-cleland/) - Paul Cleland is a Director in the Competition practice area. He specialises in all aspects of competition law, including contested and uncontested merger approvals; cartel; abuse of dominance and other prohibited practices investigations; interim relief proceedings; and compliance. Paul has significant experience in advising clients in the media sector in relation to competition issues and
- [Nozipho Bhengu](https://werksmans.com/team-members/nozipho-bhengu/) - Nozipho Bhengu is a Director in the Banking & Finance; Corporate Mergers & Acquisitions; and Infrastructure & Energy practice areas. Nozipho is a specialist in regard to commercial transactions; corporate finance; mergers & acquisitions; acquisition and project finance; renewable energy projects; group restructurings and reorganisations; corporate governance; procurement in the public sector; and due diligence
- [Nonkosazana Nkosi](https://werksmans.com/team-members/nonkosazana-nkosi/) - Nonkosazana Nkosi is a Director in the Employment practice area. She advises on various key pieces of legislation – including the Labour Relations Act; Basic Conditions of Employment Act; the Employment Equity Act; the Skills Development Act; the Unemployment Insurance Fund; and on compensation for Occupational Injuries and Diseases Act. With a special focus on
- [Nkonzo Hlatshwayo](https://werksmans.com/team-members/nkonzo-hlatshwayo/) - Nkonzo Hlatshwayo has considerable experience in competition law spanning almost 25 years and focuses on general competition work. With deep regulatory experience, having worked at senior levels of the South African Competition Commission, combined with equally deep experience in large competition law practices for almost 20 years, Nkonzo is eminently qualified to and advises parties
- [Neo Kgame](https://werksmans.com/team-members/neo-kgame/) - Neo Kgame is a Director in the Insolvency, Business Rescue & Restructuring practice area. She has a particular focus on assisting and advising financial institutions, and creditors across various industries including agriculture, construction, gambling and gaming, mining, information and technology, property and retail, in all aspects of insolvency, restructuring and business rescue proceedings. In addition
- [Naledi Motsiri](https://werksmans.com/team-members/naledi-motsiri/) - Naledi Motsiri is a Director at Werksmans Attorneys in the Pro Bono department. She specialises in Pro Bono legal advice and assistance; general dispute resolution and civil litigation; as well as labour and employment law litigation. Her expertise also extends to specialising in consumer rights; children’s rights; disability rights; property rights; labour law; maintenance; and
- [Monique Pansegrouw](https://werksmans.com/team-members/monique-pansegrouw/) - Monique Pansegrouw is a Director and advise across two practice areas: Disputes and Healthcare & Life Sciences. Monique served her articles at Werksmans from 2003 to 2004 and was admitted as an attorney in 2004. She has been a litigation practitioner since 2005 and specialises in general commercial litigation, which includes arbitration and mediation proceedings,
- [Michael Honiball](https://werksmans.com/team-members/michael-honiball/) - Michael Honiball, Director in the Werksmans Tax Practice Area, is an experienced legal professional in the field of tax and trust law, specializing particularly in the areas of international tax and high net wealth families. With an extensive international training background and exposure to most of South Africa’s tax, exchange control and trust laws, Michael
- [Lynsey Watson](https://werksmans.com/team-members/lynsey-watson/) - Director Lynsey Watson advises in the Banking & Finance practice area. Lynsey specialises in property finance; project finance and infrastructure; corporate finance; structured finance; and syndicated bilateral financing structures. She holds a Post Graduate Diploma in Advanced Banking Law (cum laude) from the University of Johannesburg. PRACTICE AREAS Banking & Finance
- [Lureshan Naidoo](https://werksmans.com/team-members/lureshan-naidoo/) - Lureshan Naidoo is a Director in the Banking & Finance and Corporate Mergers & Acquisitions practice areas. Lureshan has a diverse skill set in the fields of banking and finance transactions, as well as mergers and acquisitions. After completing his articles at Werksmans in 2010, he focused on M&A and general corporate matters, gaining extensive
- [Lloyd Abraham](https://werksmans.com/team-members/lloyd-abraham/) - Lloyd Abraham is a Director in the Employment, Business Crimes & Investigations and Corporate Mergers & Acquisitions practice areas. His expertise also extends to conducting due diligence and other investigations; drafting of legislation; drafting opinions, drafting company founding documents, drafting and reviewing contracts, SOE Corporate Governance, SOE Supply Chain Management issues. PRACTICE AREAS Business Crimes
- [Lisa Silberman](https://werksmans.com/team-members/lisa-silberman/) - Lisa Silberman is a Director in the Disputes and Insolvency & Business Rescue practice areas. Her areas of speciality include liquidations/compromises; arrangements and work-outs; cross-border disputes/enforcements of foreign judgments; corporate fraud and recovery of assets; and mining legislation in South Africa. PRACTICE AREAS Insolvency & Business Rescue
- [Lisa Appelgryn](https://werksmans.com/team-members/lisa-appelgryn/) - Lisa Appelgryn is a Director in the Employment practice area, advising on labour and employment-related opinions and disputes. She holds an LLB from the University of the Witwatersrand, where she was on the Dean’s Merit List. She also holds an LLM from the University of Bristol. She advises clients in both the public and private
- [Laura Alexander](https://werksmans.com/team-members/laura-alexander/) - Laura Alexander is a Director and advises in the Banking & Finance and Corporate Mergers & Acquisitions practice areas. She specialises in various aspects of banking and finance including asset finance, acquisition and leveraged finance, preference share transactions and corporate debt restructure, acting variously for lenders (in both the single lender and in the syndicated
- [Kyra South](https://werksmans.com/team-members/kyra-south/) - Kyra South is a Director in the Corporate Mergers and Acquisitions Department. She completed her LLB degree (cum laude) at the University of Pretoria. Her areas of specialisation include mergers & acquisitions, mining & resources and sustainability. Kyra advises various local and international corporates, start-ups, and local and international mining companies on a wide range
- [Kyle Fyfe](https://werksmans.com/team-members/kyle-fyfe/) - Kyle Fyfe is a Director in the Tax & Exchange Control practice area. He specialises in tax dispute resolution, international and domestic corporate taxation, trusts and estate planning, value-added tax, employees’ tax and South African exchange controls. Years of Experience: 8 years PRACTICE AREAS Tax
- [Khosi Mabaso](https://werksmans.com/team-members/khosi-mabaso/) - Khosi Mabaso is a Director in the Disputes practice area. She is a specialist in matters related to general commercial dispute resolution; contract dispute resolution; building, construction and engineering dispute resolution; administrative law; procurement law; international arbitrations and mediations; domestic arbitrations and mediations; and High Court litigation. Khosi is a Fellow of the Chartered Institute
- [Khathu Neluheni](https://werksmans.com/team-members/khathu-neluheni/) - Khathu Neluheni is a Director practising in the commercial areas of Property & Real Estate as well as Corporate Mergers & Acquisitions. Her specialisations extend to providing advice and opinions relative to various aspects of property law, property due diligence as well as drafting various agreements relative to immovable property including the sale of property,
- [Kevin Trudgeon](https://werksmans.com/team-members/kevin-trudgeon/) - Kevin Trudgeon heads up Werksmans’ Corporate Mergers & Acquisitions practice area and has a broad range of commercial experience embodying all aspects of mergers & acquisitions, corporate finance, private equity, governance, flotations and financing. Years of Experience: 28 years PRACTICE AREAS Corporate Mergers & Acquisitions
- [Kerry Fredericks](https://werksmans.com/team-members/kerry-fredericks/) - Kerry Fredericks is a Director and advises in the Employment and Sustainability practice areas. She specialises in employment law; health and safety law; and commercial employment. Kerry advises on various pieces of legislation; namely the Basic Conditions of Employment Act; the Labour Relations Employment Act; the Skills Development Act; the Employment Equity Act; the Unemployment
- [Kathleen Louw](https://werksmans.com/team-members/kathleen-louw/) - Kathleen Louw is a director at Werksmans Attorneys in the firm’s dispute resolution department. Kathleen specialises in contractual disputes, arbitration and international litigation. She has experience in the regulatory fields of various sectors, including financial services and mining and has represented clients in their engagements with regulators (specifically the Department of Mineral Resources) on various
- [Kamiel Rajah](https://werksmans.com/team-members/kamiel-rajah/) - Kamiel is a Director in the Disputes practice area. He has experience with both High Court litigation and Arbitration, having acted on behalf of clients in various industries and sectors. PRACTICE AREAS Disputes
- [Julian van Niekerk](https://werksmans.com/team-members/julian-van-niekerk/) - Julian van Niekerk is a Director in the Corporate Mergers & Acquisitions and Private Equity practice areas. He specialises in mergers & acquisitions; drafting of commercial contracts; and due diligence investigations. Julian holds an LLB degree from the University of the Free State, LLM degrees from the University of Cape Town and the University of
- [Jones Antunes](https://werksmans.com/team-members/jones-antunes/) - Jones Antunes is a Director in the Disputes and Mining & Resources practice areas with a particular focus on the resolution of complex commercial and contractual disputes. Jones represents a wide range of companies and individuals across multiple and diverse industries. He has extensive experience in commercial arbitrations and High Court litigation. Chambers Global describe
- [Jonathan Stockwell](https://werksmans.com/team-members/jonathan-stockwell/) - Director Jonathan Stockwell advises in the Insolvency & Business Rescue and Mining & Resources practice areas. Jonathan specialises in a number of fields, including commercial litigation; corporate fraud; corporate governance; notarial bonds and deeds; liquidations/compromises; and arrangements and work-outs. He also advises on matters such as cross-border disputes and enforcement of foreign judgments; competition law;
- [Jonathan Behr](https://werksmans.com/team-members/jonathan-behr/) - Jonathan Behr is a Director in the Banking and Finance, Construction & Engineering and Infrastructure & Energy practice areas. His practice covers project development and financing transactions in the energy sector, including renewable’s and conventional power transactions. Jonathan also advises clients in other sectors on a range of transactional and general corporate matters, including M&A,
- [Jeremy Gobetz](https://werksmans.com/team-members/jeremy-gobetz/) - PRACTICE AREAS Business Crimes & Investigations Disputes Technology & Innovation
- [Jenni Darling](https://werksmans.com/team-members/jenni-darling/) - Jenni Darling is a Director in the Banking and Finance practice area PRACTICE AREAS Banking & Finance
- [Jarryd Mardon](https://werksmans.com/team-members/jarryd-mardon/) - Jarryd Mardon is a Director, practising in a number of areas, namely Corporate Mergers & Acquisitions; Private Equity; and Arbitration. He is a specialist advising on M&A transactions; including co-ordinating due diligence investigations in the context of such transactions. In particular, he has significant experience in advising on, negotiating and drafting a variety of commercial
- [Janene Meiring](https://werksmans.com/team-members/janene-meiring/) - Janéne Meiring is a Director in the Corporate Mergers & Acquisitions and Telecommunications, Media & Technology practice areas. She holds a BAccLLB (cum laude) from Stellenbosch University and an LLM from the University of Cambridge PRACTICE AREAS Corporate Mergers & Acquisitions Digital Media & Electronic Communications Mining & Resources Private Equity
- [Jacqui Kallmeyer](https://werksmans.com/team-members/jacqui-kallmeyer/) - Jacqui Kallmeyer is a Director in the Arbitration and Dispute Resolution practice areas. Her areas of specialty include commercial litigation and dispute resolution; arbitration and alternative dispute resolution; general litigation; insurance litigation; corporate fraud; and mining and resources. Jacqui was one of the lead attorneys representing the Steinhoff Group in resisting claims instituted against it
- [Jacques van Wyk](https://werksmans.com/team-members/jacques-van-wyk/) - Jacques van Wyk is a Director and Team Leader specializing in employment law. He advises in the Employment Practice area. He has over 29 years’ experience in all aspects of employment law and employment litigation – including corporate restructures; commercial employment transactions arising during mergers and acquisitions; executive employee terminations of employment; acting in employment
- [Hilah Laskov](https://werksmans.com/team-members/hilah-laskov/) - Hilah Laskov is a Director in the Banking & Finance, Investment Funds and Regulatory practice areas. She specialises in mergers & acquisitions; investment funds; international transactions; and corporate structuring. Hilah also provides opinions on all areas of commercial law and information technology law. She is experienced in the drafting of commercial agreements and also advises
- [Hendrik Kotze](https://werksmans.com/team-members/hendrik-kotze/) - Hendrik Kotze is a Director in the Real Estate practice area. Hendrik advises on all aspects relating to real estate law – particularly commercial, industrial and residential property development. Most notable developments are the V&A Waterfront Cape Town; the proposed large scale Oakland City mixed use development project in Philippi Cape Town. Other notable recent
- [Helen Michael](https://werksmans.com/team-members/helen-michael/) - Helen Michael is a Director in the Healthcare & Life Sciences practice area and has been practicing in healthcare regulatory law for 10 years. She also forms part of the Dispute Resolution, General Regulatory and Environmental Law Practice Group Areas. Helen advises the South African private healthcare sector extensively on all matters pertaining to healthcare
- [Harold Jacobs](https://werksmans.com/team-members/harold-jacobs/) - Harold Jacobs is a Director in the Disputes and Insolvency & Business Rescue. He specialises in insurance broadcasting & telecommunications law; liquidations/compromises; arrangements & work-outs; and arbitration, mediation and alternate dispute resolution. PRACTICE AREAS Disputes Insolvency & Business Rescue
- [Graeme Wickins](https://werksmans.com/team-members/graeme-wickins/) - Graeme Wickins is a Director and has been practicing Competition Law at Werksmans since 2009. He specialises in providing competition law legal opinions and advice as well as obtaining merger approvals from competition authorities in South Africa and throughout Africa including, but not limited to, Botswana, Kenya, Namibia, Nigeria, Swaziland, Tanzania, Zambia, Zimbabwe and with
- [Gerhard Johannes](https://werksmans.com/team-members/gerhard-johannes/) - Gerhard Johannes is a Director in the Corporate Mergers & Acquisitions practice area. Gerhard specialises in corporate finance; public offerings and private placements; black economic empowerment transactions; international transactions; exchange control; leveraged and acquisition finance; leveraged and management buy-outs; listings/flotations; private equity; project and limited recourse finance; and mergers & acquisitions. Gerhard is named as
- [Gerhard Cloete](https://werksmans.com/team-members/gerhard-cloete/) - Gerhard Cloete is a Director in the Disputes practice area. He specialises in arbitration, insurance law, financial services and regulatory disputes, administrative law, cross border disputes and liquor law. He has advised insurers in the long-term and short-term insurance markets regarding policy response and coverage and has assisted a leading pension fund administrator in South
- [Frikkie van Tonder](https://werksmans.com/team-members/frikkie-van-tonder/) - Director Frikkie van Tonder advises in the Disputes and Insolvency & Business Rescue practice areas. He specialises in liquidations/compromises; arrangements and work-outs; cross-border disputes/enforcements of foreign judgments; notarial bonds and deeds; invoice discounting and debtors’ administration; and dispute resolution. Frikkie has been a Director at Werksmans since 2008. PRACTICE AREAS Insolvency & Business Rescue
- [Amanda Franken](https://werksmans.com/team-members/amanda-franken/)
- [Hilary Shekyls](https://werksmans.com/team-members/hilary-shekyls/)
- [Thembelihle Tshabalala](https://werksmans.com/team-members/thembelihle-tshabalala/) - Thembelihle Tshabalala is an Associate in the in the Employment practice area. She holds an LLB from the University of Cape Town. She advises on various key pieces of legislation – including the Labour Relations Act; the Basic Conditions of Employment Act and the Employment Equity Act. Thembelihle is involved in labour and employment related
- [Sinazo Magadlela](https://werksmans.com/team-members/sinazo-magadlela/) - Sinazo Magadlela is an Associate in the Technology & Innovation, Digital Media and Electronics, and Regulatory practice areas. PRACTICE AREAS Digital Media & Electronic Communications Regulatory Technology & Innovation
- [Sabine Letellier](https://werksmans.com/team-members/sabine-letellier/) - Sabine Letellier is an Associate in the Banking & Finance, Regulatory, Corporate Mergers & Acquisitions, and Technology & Innovation and practice areas. PRACTICE AREAS Banking & Finance Corporate Mergers & Acquisitions Regulatory Technology & Innovation RELEVANT EXPERIENCE Matters related to: Banking and Finance Corporate Mergers and Acquisitions Technology & Innovation
- [Ndzalama Dumisa](https://werksmans.com/team-members/ndzalama-dumisa/) - Ndzi Dumisa is an Associate in the Banking & Finance practice area. PRACTICE AREAS Banking & Finance
- [Marisha Krishna](https://werksmans.com/team-members/marisha-krishna/) - Marisha Krishna is an Associate in the Mining & Resources and Corporate Mergers & Acquisitions practice areas. PRACTICE AREAS Corporate Mergers & Acquisitions Mining & Resources
- [Hlonelwa Lutuli](https://werksmans.com/team-members/hlonelwa-lutuli/) - Hlonelwa, is an Associate in the Technolgy & Innovation, Digital Media & Electronic Communications and Investment Funds practice areas. PRACTICE AREAS Digital Media & Electronic Communications Investment Funds Technology & Innovation
- [Benedict Ngobeni](https://werksmans.com/team-members/benedict-ngobeni/) - Benedict Ngobeni is an Associate in the Tax practice area. PRACTICE AREAS Tax
- [Zandile Nonkasana](https://werksmans.com/team-members/zandile-nonkasana/) - Zandile Nonkasana is a Senior Associate in the Real Estate practice area. PRACTICE AREAS Real Estate
- [Pierre Joubert](https://werksmans.com/team-members/pierre-joubert/) - Pierre Joubert is a Senior Associate in the Disputes practice area. PRACTICE AREAS Disputes

## Fusion Elements

- [GS team staff](https://werksmans.com/fusion_element/gs-team-staff/) - Your Content Goes Here Practice areas Your Content Goes Here Expertise Your Content Goes Here Relevant Experience Your Content Goes Here Career Your Content Goes Here Highlights Your Content Goes Here
- [grad banner](https://werksmans.com/fusion_element/grad-banner/)
- [grad video slider](https://werksmans.com/fusion_element/grad-video-slider/) - We transform candidates to expertsTHE WERKS VERDICT WITH KARABO KEKANAMEET OUR CHAIRMAN, DAVID HERTZWATCH OUR CANDIDATE ATTORNEYS TALK ABOUT THEIR WERKSMANS’ EXPERIENCELEARN MORE ABOUT WHAT WE LOOK FOR FROM OUR SELECTION PANELWHY SHOULD LAW STUDENTS CHOOSE WERKSMANS ATTORNEYS?CANDIDATE ATTORNEYS DESCRIBE THE CULTURE AT WERKSMANSCANDIDATE ATTORNEYS DESCRIBE THE CULTURE AT WERKSMANSAS A CANDIDATE ATTORNEY, IS IT
- [event](https://werksmans.com/fusion_element/event/)
- [event post](https://werksmans.com/fusion_element/event-post/)
- [graduate footer new](https://werksmans.com/fusion_element/graduate-footer-new/) - Scan the QR code or click below to view our digital brochure and learn more about our benefits, training and development.DIGITAL BROCHUREAPPLY TODAYWerksmans © 2023 | Disclaimer | Terms and Conditions | PAIA Manual
- [mega menu grad](https://werksmans.com/fusion_element/mega-menu-grad/) - WHY CHOOSE USWHAT WE OFFERVACATION PROGRAMMECANDIDATE ATTORNEY PROGRAMMELIFE AT WERKMANSHOW TO APPLY
- [graduate menu](https://werksmans.com/fusion_element/graduate-menu/) - Toggle NavigationWhy choose usVacation ProgrammeCandidate Attorney ProgrammeLife at WerksmansHow to ApplyOnline ApplicationGet in TouchDIGITAL BROCHUREApply TodayBlog
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- [social](https://werksmans.com/fusion_element/social/)
- [graduate videos](https://werksmans.com/fusion_element/graduate-videos/)
- [matters videos blogs](https://werksmans.com/fusion_element/matters-videos-blogs/) - Relevant mattersThe below matters are a select number of firm matters. To find out more, contact enquiries@werksmans.com Banking & Finance This is a leveraged acquisition finance deal in which [...]Read More Corporate Mergers & Acquisitions Werksmans acted for a BEE consortium acquiring the Nampak [...]Read More Digital Media & Electronic Communications Groupe Canal+’s ("Canal+") acquisition of
- [blog with search](https://werksmans.com/fusion_element/blog-with-search/)
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- [Legal updates banner](https://werksmans.com/fusion_element/legal-updates-banner/)
- [tag practice areas](https://werksmans.com/fusion_element/tag-practice-areas/)
- [Project Post Card 5822 (L)](https://werksmans.com/fusion_element/project-post-card-5822-l/)
- [regulator list](https://werksmans.com/fusion_element/regulator-list/)
- [about](https://werksmans.com/fusion_element/about/)
- [regluaratory staff](https://werksmans.com/fusion_element/regluaratory-staff/)
- [aviation staff](https://werksmans.com/fusion_element/aviation-staff/)
- [consumer staff](https://werksmans.com/fusion_element/consumer-staff/)
- [staff container](https://werksmans.com/fusion_element/staff-container/)
- [staff dept](https://werksmans.com/fusion_element/staff-dept/) - Our Banking & Finance lawyersChris Moraitis Danny Andropoulos Elliott Wood Natalie Scott Lureshan Naidoo Lynsey Watson Nozipho Bhengu Tosah Fombad Janice Geel
- [service line](https://werksmans.com/fusion_element/service-line/)
- [recent dept post](https://werksmans.com/fusion_element/recent-dept-post/)
- [strap line](https://werksmans.com/fusion_element/strap-line/) - Careers at WerksmansWe focus on people. When you choose us, you will be joining an exceptional family of lawyers. Our investment in training and development of our team is insurmountable. Read More
- [practice areas](https://werksmans.com/fusion_element/practice-areas/)
- [archive](https://werksmans.com/fusion_element/archive/)
- [page blog](https://werksmans.com/fusion_element/page-blog/)
- [Blog Post Card](https://werksmans.com/fusion_element/blog-post-card/) - Are all parents created equal: The Constitutional Court confirms the invalidity of legislation relating to forms of parental leaveIn the recent highly anticipated Constitutional Court judgment of Van Wyk and Others v The Minister of Employment and Labour [...]By Kerry Fredericks, Thembelihle Tshabalala|2025-10-16T15:35:10+00:00October 16th, 2025|Categories: Legal updates and opinions|0 CommentsRead More Bafana Bafana’s World Cup
- [Project Card](https://werksmans.com/fusion_element/project-card/)
- [graduate footer](https://werksmans.com/fusion_element/graduate-footer/)
- [title](https://werksmans.com/fusion_element/title/)
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- [service](https://werksmans.com/fusion_element/service/)
- [menu](https://werksmans.com/fusion_element/menu/)
- [banner](https://werksmans.com/fusion_element/banner/)
- [original banner](https://werksmans.com/fusion_element/original-banner/)
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## Categories

- [Legal updates and opinions](https://werksmans.com/category/legal-updates-and-opinions/)
- [Events](https://werksmans.com/category/events/)
- [Firm News](https://werksmans.com/category/firm-news/)
- [Podcasts & Videos](https://werksmans.com/category/podcasts-videos/)
- [Recent matters](https://werksmans.com/category/recent-matters/)
- [Graduates](https://werksmans.com/category/graduates/)

## Tags

- [Banking & Finance](https://werksmans.com/tag/banking-finance/)
- [Competition](https://werksmans.com/tag/competition/)
- [Construction & Engineering](https://werksmans.com/tag/construction-engineering/)
- [Corporate Mergers & Acquisitions](https://werksmans.com/tag/corporate-mergers-acquisitions/)
- [Digital Media & Electronic Communications](https://werksmans.com/tag/digital-media-electronic-communications/)
- [Disputes](https://werksmans.com/tag/disputes/)
- [Employment](https://werksmans.com/tag/employment/)
- [Environmental](https://werksmans.com/tag/environmental/)
- [Healthcare & Life Sciences](https://werksmans.com/tag/healthcare-life-sciences/)
- [Infrastructure & Energy](https://werksmans.com/tag/infrastructure-energy/)
- [Insolvency & Business Rescue](https://werksmans.com/tag/insolvency-business-rescue/)
- [Intellectual Property](https://werksmans.com/tag/intellectual-property/)
- [Investment Funds](https://werksmans.com/tag/investment-funds/)
- [Land Reform](https://werksmans.com/tag/land-reform/)
- [Mining & Resources](https://werksmans.com/tag/mining-resources/)
- [Private Equity](https://werksmans.com/tag/private-equity/)
- [Pro Bono](https://werksmans.com/tag/pro-bono/)
- [Real Estate](https://werksmans.com/tag/real-estate/)
- [Regulatory](https://werksmans.com/tag/regulatory/)
- [Sustainability](https://werksmans.com/tag/sustainability/)
- [Tax](https://werksmans.com/tag/tax/)
- [Technology & Innovation](https://werksmans.com/tag/technology-innovation/)

## Practice Area

- [Banking & Finance](https://werksmans.com/gs-team-practice-area/banking-finance/)
- [Competition](https://werksmans.com/gs-team-practice-area/competition/)
- [Construction & Engineering](https://werksmans.com/gs-team-practice-area/construction-engineering/)
- [Corporate Mergers & Acquisitions](https://werksmans.com/gs-team-practice-area/corporate-mergers-acquisitions/)
- [Disputes](https://werksmans.com/gs-team-practice-area/disputes/)
- [Employment](https://werksmans.com/gs-team-practice-area/employment/)
- [Environmental](https://werksmans.com/gs-team-practice-area/environmental/)
- [Healthcare & Life Sciences](https://werksmans.com/gs-team-practice-area/healthcare-life-sciences/)
- [Infrastructure & Energy](https://werksmans.com/gs-team-practice-area/infrastructure-energy/)
- [Insolvency & Business Rescue](https://werksmans.com/gs-team-practice-area/insolvency-business-rescue/)
- [Intellectual Property](https://werksmans.com/gs-team-practice-area/intellectual-property/)
- [Investment Funds](https://werksmans.com/gs-team-practice-area/investment-funds/)
- [Land Reform](https://werksmans.com/gs-team-practice-area/land-reform/)
- [Mining & Resources](https://werksmans.com/gs-team-practice-area/mining-resources/)
- [Private Equity](https://werksmans.com/gs-team-practice-area/private-equity/)
- [Pro Bono](https://werksmans.com/gs-team-practice-area/pro-bono/)
- [Real Estate](https://werksmans.com/gs-team-practice-area/real-estate/)
- [Regulatory](https://werksmans.com/gs-team-practice-area/regulatory/)
- [Sustainability](https://werksmans.com/gs-team-practice-area/sustainability/)
- [Tax](https://werksmans.com/gs-team-practice-area/tax/)
- [Technology & Innovation](https://werksmans.com/gs-team-practice-area/technology-innovation/)
- [Digital Media & Electronic Communications](https://werksmans.com/gs-team-practice-area/digital-media-electronic-communications/)
- [Private Wealth](https://werksmans.com/gs-team-practice-area/private-wealth/)
- [Business Crimes & Investigations](https://werksmans.com/gs-team-practice-area/business-crimes-investigations/)

## Role

- [Chief Executive Officer](https://werksmans.com/gs-team-role/chief-executive-officer/)
- [Chairman](https://werksmans.com/gs-team-role/chairman/)
- [Director](https://werksmans.com/gs-team-role/director/)
- [Consultant](https://werksmans.com/gs-team-role/consultant/)
- [Senior Associate](https://werksmans.com/gs-team-role/senior-associate/)
- [Associate](https://werksmans.com/gs-team-role/associate/)
- [Head of Practice Area](https://werksmans.com/gs-team-role/head-of-practice-area/)
- [HR Executive](https://werksmans.com/gs-team-role/hr-executive/)
- [Manager](https://werksmans.com/gs-team-role/manager/)
- [Catering Manager](https://werksmans.com/gs-team-role/catering-manager/)
- [Librarian](https://werksmans.com/gs-team-role/librarian/)
- [Candidate Attorney](https://werksmans.com/gs-team-role/candidate-attorney/)

## Locations

- [Johannesburg](https://werksmans.com/gs-team-location/johannesburg/)
- [Cape Town](https://werksmans.com/gs-team-location/cape-town/)
- [Stellenbosch](https://werksmans.com/gs-team-location/stellenbosch/)

## Name / Surname

- [David Hertz](https://werksmans.com/Name / Surname/david-hertz/)
- [Jeremy Botha](https://werksmans.com/Name / Surname/jeremy-botha/)
- [Anastasia Vatalidis](https://werksmans.com/Name / Surname/anastasia-vatalidis/)
- [Cari Cole-Morgan](https://werksmans.com/Name / Surname/cari-cole-morgan/)
- [Sarah o Brien](https://werksmans.com/Name / Surname/sarah-o-brien/)
- [Ahmore Burger-Smidt](https://werksmans.com/Name / Surname/ahmore-burger-smidt/)
- [Bernard Hotz](https://werksmans.com/Name / Surname/bernard-hotz/)
- [Bulelwa Mabasa](https://werksmans.com/Name / Surname/bulelwa-mabasa/)
- [Candice de Bruin](https://werksmans.com/Name / Surname/candice-de-bruin/)
- [Chris Moraitis](https://werksmans.com/Name / Surname/chris-moraitis/)
- [Chris Stevens](https://werksmans.com/Name / Surname/chris-stevens/)
- [Corlett Manaka](https://werksmans.com/Name / Surname/corlett-manaka/)
- [Dakalo Singo](https://werksmans.com/Name / Surname/dakalo-singo/)
- [Danny Andropoulos](https://werksmans.com/Name / Surname/danny-andropoulos/)
- [David Williams](https://werksmans.com/Name / Surname/david-williams/)
- [Doelie Lessing](https://werksmans.com/Name / Surname/doelie-lessing/)
- [Elliott Wood](https://werksmans.com/Name / Surname/elliott-wood/)
- [Eric Levenstein](https://werksmans.com/Name / Surname/eric-levenstein/)
- [Hawa Moya](https://werksmans.com/Name / Surname/hawa-moya/)
- [Janine Hollesen](https://werksmans.com/Name / Surname/janine-hollesen/)
- [Jennifer Smit](https://werksmans.com/Name / Surname/jennifer-smit/)
- [Johan Lubbe](https://werksmans.com/Name / Surname/johan-lubbe/)
- [Justin Truter](https://werksmans.com/Name / Surname/justin-truter/)
- [Marq Gerber](https://werksmans.com/Name / Surname/marq-gerber/)
- [Natalie Scott](https://werksmans.com/Name / Surname/natalie-scott/)
- [Neil Kirby](https://werksmans.com/Name / Surname/neil-kirby/)
- [Paul Coetser](https://werksmans.com/Name / Surname/paul-coetser/)
- [Paul Tindle](https://werksmans.com/Name / Surname/paul-tindle/)
- [Preeta Bhagattjee](https://werksmans.com/Name / Surname/preeta-bhagattjee/)
- [Sandile July](https://werksmans.com/Name / Surname/sandile-july/)
- [Shayne Krige](https://werksmans.com/Name / Surname/shayne-krige/)
- [Wendy Rosenberg](https://werksmans.com/Name / Surname/wendy-rosenberg/)
- [Zaida Harneker](https://werksmans.com/Name / Surname/zaida-harneker/)
- [Lyn o’ Connor](https://werksmans.com/Name / Surname/lyn-o-connor/)
- [Aarthi Ramdhin](https://werksmans.com/Name / Surname/aarthi-ramdhin/)
- [Adam Pyzikowski](https://werksmans.com/Name / Surname/adam-pyzikowski/)
- [Adriaan Human](https://werksmans.com/Name / Surname/adriaan-human/)
- [Aidan Kenny](https://werksmans.com/Name / Surname/aidan-kenny/)
- [Akhona Bilatyi](https://werksmans.com/Name / Surname/akhona-bilatyi/)
- [Andre van Heerden](https://werksmans.com/Name / Surname/andre-van-heerden/)
- [Anine van der Merwe](https://werksmans.com/Name / Surname/anine-van-der-merwe/)
- [Aphindile Govuza](https://werksmans.com/Name / Surname/aphindile-govuza/)
- [Armand Swart](https://werksmans.com/Name / Surname/armand-swart/)
- [Astrid Berman](https://werksmans.com/Name / Surname/astrid-berman/)
- [Bafana Ntuli](https://werksmans.com/Name / Surname/bafana-ntuli/)
- [Bankey Sono](https://werksmans.com/Name / Surname/bankey-sono/)
- [Boitumelo Moti](https://werksmans.com/Name / Surname/boitumelo-moti/)
- [Boitumelo Rammala](https://werksmans.com/Name / Surname/boitumelo-rammala/)
- [Bradley Workman-Davies](https://werksmans.com/Name / Surname/bradley-workman-davies/)
- [Brendan Olivier](https://werksmans.com/Name / Surname/brendan-olivier/)
- [Clarisa Laltha](https://werksmans.com/Name / Surname/clarisa-laltha/)
- [Cyprian Mthembu](https://werksmans.com/Name / Surname/cyprian-mthembu/)
- [Daniela Pisanti](https://werksmans.com/Name / Surname/daniela-pisanti/)
- [Danielle Magidson](https://werksmans.com/Name / Surname/danielle-magidson/)
- [Darren Willans](https://werksmans.com/Name / Surname/darren-willans/)
- [David Gewer](https://werksmans.com/Name / Surname/david-gewer/)
- [Deon Griessel](https://werksmans.com/Name / Surname/deon-griessel/)
- [Dewald van den Berg](https://werksmans.com/Name / Surname/dewald-van-den-berg/)
- [Dominique Arteiro](https://werksmans.com/Name / Surname/dominique-arteiro/)
- [Donvay Wegierski](https://werksmans.com/Name / Surname/donvay-wegierski/)
- [Dylan Cunard](https://werksmans.com/Name / Surname/dylan-cunard/)
- [Erich Bell](https://werksmans.com/Name / Surname/erich-bell/)
- [Faith Sikhavhakhavha](https://werksmans.com/Name / Surname/faith-sikhavhakhavha/)
- [Frikkie van Tonder](https://werksmans.com/Name / Surname/frikkie-van-tonder/)
- [Gerhard Cloete](https://werksmans.com/Name / Surname/gerhard-cloete/)
- [Gerhard Johannes](https://werksmans.com/Name / Surname/gerhard-johannes/)
- [Graeme Wickins](https://werksmans.com/Name / Surname/graeme-wickins/)
- [Harold Jacobs](https://werksmans.com/Name / Surname/harold-jacobs/)
- [Helen Michael](https://werksmans.com/Name / Surname/helen-michael/)
- [Hendrik Kotze](https://werksmans.com/Name / Surname/hendrik-kotze/)
- [Hilah Laskov](https://werksmans.com/Name / Surname/hilah-laskov/)
- [Jacques van Wyk](https://werksmans.com/Name / Surname/jacques-van-wyk/)
- [Jacqui Kallmeyer](https://werksmans.com/Name / Surname/jacqui-kallmeyer/)
- [Janene Meiring](https://werksmans.com/Name / Surname/janene-meiring/)
- [Jarryd Mardon](https://werksmans.com/Name / Surname/jarryd-mardon/)
- [Jenni Darling](https://werksmans.com/Name / Surname/jenni-darling/)
- [Jeremy Gobetz](https://werksmans.com/Name / Surname/jeremy-gobetz/)
- [Jonathan Behr](https://werksmans.com/Name / Surname/jonathan-behr/)
- [Jonathan Stockwell](https://werksmans.com/Name / Surname/jonathan-stockwell/)
- [Jones Antunes](https://werksmans.com/Name / Surname/jones-antunes/)
- [Julian van Niekerk](https://werksmans.com/Name / Surname/julian-van-niekerk/)
- [Kamiel Rajah](https://werksmans.com/Name / Surname/kamiel-rajah/)
- [Kathleen Louw](https://werksmans.com/Name / Surname/kathleen-louw/)
- [Kerry Fredericks](https://werksmans.com/Name / Surname/kerry-fredericks/)
- [Kevin Trudgeon](https://werksmans.com/Name / Surname/kevin-trudgeon/)
- [Khathu Neluheni](https://werksmans.com/Name / Surname/khathu-neluheni/)
- [Khosi Mabaso](https://werksmans.com/Name / Surname/khosi-mabaso/)
- [Kyle Fyfe](https://werksmans.com/Name / Surname/kyle-fyfe/)
- [Kyra South](https://werksmans.com/Name / Surname/kyra-south/)
- [Laura Alexander](https://werksmans.com/Name / Surname/laura-alexander/)
- [Lisa Appelgryn](https://werksmans.com/Name / Surname/lisa-appelgryn/)
- [Lisa Silberman](https://werksmans.com/Name / Surname/lisa-silberman/)
- [Lloyd Abraham](https://werksmans.com/Name / Surname/lloyd-abraham/)
- [Lureshan Naidoo](https://werksmans.com/Name / Surname/lureshan-naidoo/)
- [Lynsey Watson](https://werksmans.com/Name / Surname/lynsey-watson/)
- [Michael Honiball](https://werksmans.com/Name / Surname/michael-honiball/)
- [Monique Pansegrouw](https://werksmans.com/Name / Surname/monique-pansegrouw/)
- [Naledi Motsiri](https://werksmans.com/Name / Surname/naledi-motsiri/)
- [Neo Kgame](https://werksmans.com/Name / Surname/neo-kgame/)
- [Nkonzo Hlatshwayo](https://werksmans.com/Name / Surname/nkonzo-hlatshwayo/)
- [Nonkosazana Nkosi](https://werksmans.com/Name / Surname/nonkosazana-nkosi/)
- [Nozipho Bhengu](https://werksmans.com/Name / Surname/nozipho-bhengu/)
- [Paul Cleland](https://werksmans.com/Name / Surname/paul-cleland/)
- [Phuti Mashalane](https://werksmans.com/Name / Surname/phuti-mashalane/)
- [Pierre le Roux](https://werksmans.com/Name / Surname/pierre-le-roux/)
- [Pieter Steyn](https://werksmans.com/Name / Surname/pieter-steyn/)
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