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The digitisation of healthcare: Privacy and data protection considerations
23 June 2021 Healthcare & Pharmaceuticals

The digitisation of healthcare: Privacy and data protection considerations

In recent years and accelerated by the COVID-19 pandemic, the number of digital health businesses or virtual health offerings has significantly increased globally and in South Africa.The digitalisation of healthcare poses interesting legal questions. Digital health businesses should consider, amongst other things, the privacy and data protection legal paradigm applicable to their businesses, including the Protection of Personal Information Act 4 of 2013 (POPIA).

When the tribe has not spoken: How to handle dissenting minority shareholders
22 June 2021 Corporate & Commercial

When the tribe has not spoken: How to handle dissenting minority shareholders

In the television show Survivor, the jury consists of a group of eliminated castaways that return to witness the remaining castaways at the Tribal Councils. The information they take in from these visits is supposed to help them decide who to vote for to win the ultimate cash prize and title of Sole Survivor at the end of the game at the Final Tribal Council. The Final Tribal Council can be likened to an annual general meeting (AGM) of a company because some of the most critical corporate actions are approved at such a meeting and much like some jury members, disgruntled shareholders tend to use their leverage to vote down certain resolutions. This article discusses the growing tendency of minority shareholders voting against, and in some instances having enough power to vote down, important special resolutions such as those for directors’ remuneration (in terms of section 66(9) of the Companies Act 71 of 2008 (Companies Act)) and intra-group financial assistance resolutions (in terms of section 45(3)(a)(ii) of the Companies Act) at AGMs, and how companies can address or mitigate this going forward.

Proxies: The power is in the mandate
22 June 2021 Corporate & Commercial

Proxies: The power is in the mandate

In the Supreme Court of Appeal (SCA) case of Malatji v Ledwaba No and Others (1136/2019) [2021] ZASCA 29 (30 March 2021), the court considered whether a general meeting of the Mamphoku Makgoba Community Trust (Trust) was convened in compliance with an order handed down by the SCA in 2018 (2018 Order) and the trust deed of the Trust (Trust Deed).

Not every faulty Bluetooth should have its day in court – a discussion of consumer protection in Motus Corporation (Pty) Ltd and another v Wentzel
22 June 2021 Corporate & Commercial

Not every faulty Bluetooth should have its day in court – a discussion of consumer protection in Motus Corporation (Pty) Ltd and another v Wentzel

Robin Hood proponents will be disappointed to learn that the purpose of the protections contained in the Consumer Protection Act 68 of 2008 (CPA) is not simply to “take from the rich and give to the poor”. The Supreme Court of Appeal (SCA) recently made clear as much, when it overturned a ruling by the Gauteng High Court ordering Renault to refund a consumer the full purchase price of a Renault Kwid plus finance charges payable by the consumer to a third party.

WEBINAR RECORDING | Third Wave: New rules to protect workplaces
22 June 2021 Employment Law

WEBINAR RECORDING | Third Wave: New rules to protect workplaces

The CDH Employment Law experts unpacked an employer's obligations during the third wave and beyond. They discussed implementing mandatory vaccination policies, the interplay of both with POPIA as well as the position in East Africa in relation to mandatory vaccinations.

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The digitisation of healthcare: Privacy and data protection considerations
23 June 2021 Healthcare & Pharmaceuticals

The digitisation of healthcare: Privacy and data protection considerations

In recent years and accelerated by the COVID-19 pandemic, the number of digital health businesses or virtual health offerings has significantly increased globally and in South Africa.The digitalisation of healthcare poses interesting legal questions. Digital health businesses should consider, amongst other things, the privacy and data protection legal paradigm applicable to their businesses, including the Protection of Personal Information Act 4 of 2013 (POPIA).

When the tribe has not spoken: How to handle dissenting minority shareholders
22 June 2021 Corporate & Commercial

When the tribe has not spoken: How to handle dissenting minority shareholders

In the television show Survivor, the jury consists of a group of eliminated castaways that return to witness the remaining castaways at the Tribal Councils. The information they take in from these visits is supposed to help them decide who to vote for to win the ultimate cash prize and title of Sole Survivor at the end of the game at the Final Tribal Council. The Final Tribal Council can be likened to an annual general meeting (AGM) of a company because some of the most critical corporate actions are approved at such a meeting and much like some jury members, disgruntled shareholders tend to use their leverage to vote down certain resolutions. This article discusses the growing tendency of minority shareholders voting against, and in some instances having enough power to vote down, important special resolutions such as those for directors’ remuneration (in terms of section 66(9) of the Companies Act 71 of 2008 (Companies Act)) and intra-group financial assistance resolutions (in terms of section 45(3)(a)(ii) of the Companies Act) at AGMs, and how companies can address or mitigate this going forward.

Proxies: The power is in the mandate
22 June 2021 Corporate & Commercial

Proxies: The power is in the mandate

In the Supreme Court of Appeal (SCA) case of Malatji v Ledwaba No and Others (1136/2019) [2021] ZASCA 29 (30 March 2021), the court considered whether a general meeting of the Mamphoku Makgoba Community Trust (Trust) was convened in compliance with an order handed down by the SCA in 2018 (2018 Order) and the trust deed of the Trust (Trust Deed).

Not every faulty Bluetooth should have its day in court – a discussion of consumer protection in Motus Corporation (Pty) Ltd and another v Wentzel
22 June 2021 Corporate & Commercial

Not every faulty Bluetooth should have its day in court – a discussion of consumer protection in Motus Corporation (Pty) Ltd and another v Wentzel

Robin Hood proponents will be disappointed to learn that the purpose of the protections contained in the Consumer Protection Act 68 of 2008 (CPA) is not simply to “take from the rich and give to the poor”. The Supreme Court of Appeal (SCA) recently made clear as much, when it overturned a ruling by the Gauteng High Court ordering Renault to refund a consumer the full purchase price of a Renault Kwid plus finance charges payable by the consumer to a third party.

WEBINAR RECORDING | Third Wave: New rules to protect workplaces
22 June 2021 Employment Law

WEBINAR RECORDING | Third Wave: New rules to protect workplaces

The CDH Employment Law experts unpacked an employer's obligations during the third wave and beyond. They discussed implementing mandatory vaccination policies, the interplay of both with POPIA as well as the position in East Africa in relation to mandatory vaccinations.

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Treasury to Implement an Unemployment Insurance Fund
23 March 2021 Employment Law

Treasury to Implement an Unemployment Insurance Fund

Widely reported last week is a plan by the Treasury to set up an Unemployment Insurance Fund (UIF), in order to assist the unemployed as a result of the COVID-19 pandemic. As reported, the plan seems rather simple; a 1% tax will be levied on employees and employers alike in order to fund the UIF and offer a monthly stipend to the unemployed, or those unable to work due to illness.

Labour and Employment Guide 2020
23 March 2021 Employment Law

Labour and Employment Guide 2020

Partner Desmond Odhiambo and Associate Peter Mutema recently contributed to the 2020 edition of Getting The Deal Through - Labour and Employment.

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The unintended consequences of living together
15 June 2021 Trusts & Estates

The unintended consequences of living together

Trusts & Estates Senior Associate Linda Coffee-Kotze joined On Point on SABC 3 to contribute to a report on The (un)intended consequences of living together – why you should have a valid Will.

The possibility of compulsory COVID-19 vaccinations in the workplace
14 June 2021 Employment Law

The possibility of compulsory COVID-19 vaccinations in the workplace

Hugo Pienaar, Director in our Employment Law practice joined eNCA to discuss the NEDLAC agreement and the possibility of compulsory COVID-19 vaccinations in the workplace. He explains the consultation process that employers will need to undertake, if they would like to implement compulsory vaccinations.

Exclusion of adopted children as beneficiaries
29 April 2021 Trusts & Estates

Exclusion of adopted children as beneficiaries

Johann Jacobs, Consultant in our Trusts & Estates practice joined eNCA to discuss the landmark Constitutional Court ruling, that ruled against the exclusion of adopted children as beneficiaries. He unpacks the implications of the ruling.

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Smile FM - Constitutional Court - Landmark Clicks case with SARS
13 June 2021 Tax & Exchange Control

Smile FM - Constitutional Court - Landmark Clicks case with SARS

Jerome Brink, Director in the Tax and Exchange Control practice joined Smile FM, to discuss the landmark Constitutional Court ruling of an appeal by Clicks Retailers against a refusal by SARS to approve an allowance claimed by Clicks in terms of section 24C of the Income Tax Act 58 of 1962.

Cape Talk - Landmark ruling Clicks Retailers and SARS - Section 24C of the Income Tax Act 58 of 1962
10 June 2021 Tax & Exchange Control

Cape Talk - Landmark ruling Clicks Retailers and SARS - Section 24C of the Income Tax Act 58 of 1962

Jerome Brink, Director in the Tax and Exchange Control practice joined Cape Talk, to discuss the landmark Constitutional Court ruling of an appeal by Clicks Retailers against a refusal by SARS to approve an allowance claimed by Clicks in terms of section 24C of the Income Tax Act 58 of 1962. He unpacks the case and explains the implications for other retailers.

Cape Talk - Returning to work in the new normal
9 June 2021 Employment Law

Cape Talk - Returning to work in the new normal

Thabang Rapuleng, Director in the Employment Law practice joined Cape Talk to discuss returning to the office and employment law for employers and employees in the 'new normal'. He unpacks the cornerstone of a good working relationship being honesty, trust and good faith on both the part of the employer and employees. Listen to the interview here (BITLY)

Smile FM - Nedlac - COVID-19 workplace vaccine guidelines
9 June 2021 Employment Law

Smile FM - Nedlac - COVID-19 workplace vaccine guidelines

Tamsanqa Mila, Senior Associate in the Employment Law practice joined Smile FM to discuss the NEDLAC guidelines on the COVID–19 workplace vaccination policy. He explains that vaccinations will not be made mandatory and employees should rather use persuasion as opposed to coercion, and educate employees on the benefits of taking the vaccine.