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Expropriation without compensation: Domestic legal protections
9 April 2019 Dispute Resolution

Expropriation without compensation: Domestic legal protections

As discussed in a previous publication, South Africa’s legislative authorities are in the process of amending two significant aspects of our expropriation framework: s25 of the Bill of Rights (ie the constitutional property clause) and the Expropriation Act (ie the statute regulating the nuts and bolts of the State’s compulsory acquisition of property).

Registered Restrictive Conditions find a hole in courts’ Omnipotence
8 April 2019 Real Estate

Registered Restrictive Conditions find a hole in courts’ Omnipotence

Imagine having a condition in your title deed which dictates how you should use your property and imagine that you had no involvement in the inclusion of that condition. Surely there must be a way to have it removed, since you are the registered owner of the property to which it attaches? The recent judgment of Frantrade Nineteen (Pty) Ltd & Others v Realty Corporation of South Africa Ltd & Others [2019] ZAGPJHC 75 reminds us that this is not necessarily the case.

Private arbitration or the CCMA?
8 April 2019 Employment

Private arbitration or the CCMA?

The Labour Court was recently required to determine whether the CCMA lacked jurisdiction to entertain an unfair dismissal dispute in circumstances where the parties agreed to refer such dispute to private arbitration.

Secret ballot required prior to engaging in a strike
8 April 2019 Employment

Secret ballot required prior to engaging in a strike

In terms of s95(5)(p) of the Labour Relations Act, No 66 of 1995 (LRA) trade unions and employers’ organisations are required to conduct a secret ballot amongst its members before calling a strike or lock-out in respect of such members.

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Quid pro quo in a strike context
1 April 2019 Employment

Quid pro quo in a strike context

In National Union of Mineworkers obo Members v Cullinan Diamond Mine A Division of Petra Diamond (Pty) Ltd (JS102/14) [2019] (handed down 1 March 2019) the Labour Court dealt with a referral in terms of s10(6)(a) of the Employment Equity Act, No 55 of 1998 (EEA) read with s10(4) of the Labour Relations Act, No 66 of 1995 (LRA). The applicant alleged that by paying a bonus to non-striking employees, the respondent has unfairly discriminated against the striking employees. Further, the applicant alleged that such conduct offends the provisions of s5 of the LRA.

Further amendments to the VAT electronic services regulations
29 March 2019 Tax & Exchange Control

Further amendments to the VAT electronic services regulations

Revised regulations to prescribe and clarify the electronic services (e-services) supplied by foreign suppliers to South African consumers which are subject to VAT were proposed in 2018, which significantly broadened the scope of ‘e-services’. The Minister of Finance, in the 2019 Budget Review then announced that further amendments would be made to the e-services regulations to address certain oversights.

Vexatious litigants
27 March 2019 Dispute Resolution

Vexatious litigants

A vexatious litigant is a person who persistently initiates legal action for the purposes of harassing or subduing an adversary. Unfortunately, the victims of these vexatious litigants cannot simply ignore the frivolous legal proceedings instituted and are forced to respond in accordance with the rules of court regardless of how ridiculous the claims may be.

Section 34 of the Insolvency Act: A ticking time bomb?
27 March 2019 Dispute Resolution

Section 34 of the Insolvency Act: A ticking time bomb?

In many, if not all, commercial transactions, timing is everything, either for a distressed seller or a purchaser stumbling upon a deal that may almost be too good to be true. There is often no time to waste and a deal must be closed as soon as possible. In the haste of closing a deal, whether in the form of a sale of business or a sale of assets, the parties often agree not to comply with the provisions of s34(1) of the Insolvency Act, No 24 of 1936 (Act), each willing to take the risk in not doing so.

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Ensure your agents are compliant
31 May 2016 Finance & Banking

Ensure your agents are compliant

While banks doing business across Africa have to be careful with regard to their compliance with SA's Financial Intelligence Centre Act (Fica), they also have to be watchful to ensure that the other banks or agents with whom they engage are also complying with at least the same level of "knowing your customer" (KYC) as FICA requires of South African banks.

Labour Appeal Court finds against Amcu in long-running labour battle, but this is unlikely to be the last word on the matter
5 April 2016 Employment

Labour Appeal Court finds against Amcu in long-running labour battle, but this is unlikely to be the last word on the matter

An important decision by the Labour Appeal Court was made just last week to finally determine the long-running dispute between the Association of Mineworkers and Construction Union (Amcu), the Chamber of Mines and major gold producers. In finding against the appellant Amcu, the court supported the primacy of majority unions who engage in collective bargaining at the workplace.

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Weed in the workplace
23 May 2017 Employment

Weed in the workplace

Employment Director Jose Jorge discusses the recent court case in the Western Cape High Court relating to the use of cannabis in the privacy of your home and how it could, if the Bill is passed, affect the workplace.

Research on sexual harassment during times of junk status
5 May 2017 Employment

Research on sexual harassment during times of junk status

Aadil Patel (Head of our Employment practice), Fatima Moosa (National HR Manager) and Mariella Noriega Del Valle (HR Intern) participated in a discussion with Naledi on The Talk Shop on SAFM as to whether the risk of workplace abuses - particularly sexual harassment – is likely to increase during these turbulent economic times.

The provision of free or low-cost transport services
20 April 2017 Tax & Exchange Control

The provision of free or low-cost transport services

Tax and Exchange Control Associate Designate Louis Botha chatted to Ayabonga Cawe on Power FM's Power Hour on Tuesday, 18 April, about whether the provision of free or low-cost transport services by employers to their employees, to convey them between their homes and place of employment, constitutes a taxable fringe benefit, the value attached to such benefit and two recent rulings issued by SARS regarding this issue.