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Cybercrimes Bill – a positive step towards the regulation of cybercrimes in South Africa
13 February 2019 Technology, Media & Telecommunications

Cybercrimes Bill – a positive step towards the regulation of cybercrimes in South Africa

Technology has become an indispensable part of modern life – it has significantly changed the way people communicate and do business. In a world and country where technology is dynamic in nature and is continuously evolving, South Africa has struggled to keep up with these developments and in regulating cyber security and cybercrimes.

“Foregone conclusion” won’t save unfair bidding process
13 February 2019 Dispute Resolution

“Foregone conclusion” won’t save unfair bidding process

The building blocks of the procurement process are entrenched in s217 of the Constitution, which provides that when an organ of state contracts for goods and services, it must do so in accordance with a system which is fair, equitable, transparent, competitive and cost effective.

Shared wisdom for employee share schemes
13 February 2019 Corporate & Commercial

Shared wisdom for employee share schemes

Most businesses would agree that their most important and most valuable assets are the people that comprise the organisation. In order to retain the best people and to align the interests of employees, employers and shareholders, companies may wish to incentivise key individuals to stay for the “long haul” or to reward employees for the fruits of their hard work by implementing a share incentive scheme.

Shafted…but was it during the course and scope of employment?
12 February 2019 Employment

Shafted…but was it during the course and scope of employment?

In terms of s35(1) of the Compensation for Occupational Injuries and Diseases Act, No 130 of 1993 (COIDA), an employee who suffers an occupational injury has no action for damages against his or her employer. An occupational injury is one that arises from and in the course of an employee’s employment, resulting in personal injury, illness or death of that employee.

Tribunal fines Computicket for exclusive contracts – where does that leave me?
12 February 2019 Competition

Tribunal fines Computicket for exclusive contracts – where does that leave me?

Exclusive contracts are a common feature of the business landscape. The Competition Tribunal (Tribunal) recently pronounced that Computicket (Pty) Ltd (Computicket) abused its dominant position and engaged in anti-competitive behaviour due to the exclusionary terms in its contracts. Before shredding all exclusive agreements, it is worth reflecting on whether there were particular features of Computicket’s exclusive contracts which caused the Tribunal to find Computicket to be in contravention of the Competition Act, No 89 of 1998 (Competition Act).

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When must a reportable arrangement be disclosed to SARS?
1 February 2019 Tax & Exchange Control

When must a reportable arrangement be disclosed to SARS?

Under the Tax Administration Act, No 28 of 2011 (TAA) persons who enter into certain types of transactions must report the details of those transactions to SARS. These types of transactions are called “reportable arrangements”.

Let’s get personal: The transferability of shareholder rights under a company’s constitutional documents
30 January 2019 Corporate & Commercial

Let’s get personal: The transferability of shareholder rights under a company’s constitutional documents

It’s a long-standing and well acknowledged principle in South African common law that parties to an agreement are generally free to cede and assign their contractual rights as they wish, except where there is a clause specifically prohibiting the transfer of those rights. As a result, where a contract is silent as to whether the rights of a party may be transferred to third parties, that party is generally free to cede and assign its rights freely, without the consent of the other parties.

Independent schools and the Constitution: A delicate balance
30 January 2019 Dispute Resolution

Independent schools and the Constitution: A delicate balance

The right of a child to attend an independent school arises from the contract between the parents of the child and the school and not from the right to a basic education enshrined in the Constitution. Likewise, the right of an independent school to cancel the contract and effectively expel a child or to take other action for breach of the parent contract, arises from the terms of that contract. But does the Constitution have any impact here or is the issue purely contractual? Is an independent school beholden only to its contract?

Damages for medical negligence: What does “once and for all” really mean?
30 January 2019 Dispute Resolution

Damages for medical negligence: What does “once and for all” really mean?

Future medical expenses form a substantial part of awards of damages for medical negligence, especially in respect of cases involving obstetrics. These (often considerable) sums of money are required to be paid in one lump sum to a successful plaintiff, in accordance with the “once and for all” rule.

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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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Issues women face in the workplace
23 August 2016 Employment

Issues women face in the workplace

CDH director in the Employment practice, Samiksha Singh discuss issues women face in the workplace, such as gender pay gap, being seen as an inferior gender and other obstacles.

Employment Equity Legislation
11 August 2016 Employment

Employment Equity Legislation

Hugo Pienaar, director in the Employment practice at CDH speaks to Ian Wessels and Igan Klynsmith about the employment equity legislation.

Employment Equity Act
11 August 2016 Employment

Employment Equity Act

Professor Hugo Pienaar, Director at CDH and former student at NWU talks about the Employment Equity Act.