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Excessive pricing during COVID-19 and beyond: The cautionary tale of Babelegi and Dis-Chem (Part 2)
12 August 2020 Competition

Excessive pricing during COVID-19 and beyond: The cautionary tale of Babelegi and Dis-Chem (Part 2)

In Part 1 we addressed the practical means by which an excessive pricing complaint may be investigated in terms of the Consumer and Customer Protection and National Disaster Management Regulations and Directions (Regulations). It was emphasised that, despite the Regulations not applying to material price increases implemented by dominant firms prior to 19 March 2020, when the national state of disaster commenced, or after the state of disaster ends, this did/does not mean that such firms act without consequences in terms of the Competition Act 89 of 1998, as amended (Act).

Excessive pricing during COVID-19 and beyond: Key considerations (Part 1)
12 August 2020 Competition

Excessive pricing during COVID-19 and beyond: Key considerations (Part 1)

Just three days after the declaration of a national state of disaster on 15 March 2020, the Minister of Trade and Industry published the Consumer and Customer Protection and National Disaster Management Regulations and Directions (Regulations). Regulation 4 provides a mechanism in terms of which the Competition Commission (Commission) is able to establish prima facie that a price is excessive or unfair, which in turn can lead to a finding that the excessive pricing provisions of the Competition Act 89 of 1998 (Act) have been contravened.

Fraud unravels all
12 August 2020 Corporate & Commercial

Fraud unravels all

A fraudulent misrepresentation which induces a party to conclude a contract renders such a contract voidable at the instance of the aggrieved party. The aggrieved party may therefore validly terminate or rescind the contract on the basis of the fraudulent misrepresentation.

Broadening the scope of application: tax laws reaching further into the crypto-sphere
6 August 2020 Tax & Exchange Control

Broadening the scope of application: tax laws reaching further into the crypto-sphere

The use of cryptocurrencies and other crypto assets are becoming increasingly popular, especially in an economic climate in which fiat currency exchange rates are unsteady and volatile. In the South African tax context, the authorities have previously considered, to a large extent, only the tax treatment of cryptocurrencies. To this end, the intended tax treatment of cryptocurrencies has manifested in three distinct ways.

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Excessive pricing during COVID-19 and beyond: The cautionary tale of Babelegi and Dis-Chem (Part 2)
12 August 2020 Competition

Excessive pricing during COVID-19 and beyond: The cautionary tale of Babelegi and Dis-Chem (Part 2)

In Part 1 we addressed the practical means by which an excessive pricing complaint may be investigated in terms of the Consumer and Customer Protection and National Disaster Management Regulations and Directions (Regulations). It was emphasised that, despite the Regulations not applying to material price increases implemented by dominant firms prior to 19 March 2020, when the national state of disaster commenced, or after the state of disaster ends, this did/does not mean that such firms act without consequences in terms of the Competition Act 89 of 1998, as amended (Act).

Excessive pricing during COVID-19 and beyond: Key considerations (Part 1)
12 August 2020 Competition

Excessive pricing during COVID-19 and beyond: Key considerations (Part 1)

Just three days after the declaration of a national state of disaster on 15 March 2020, the Minister of Trade and Industry published the Consumer and Customer Protection and National Disaster Management Regulations and Directions (Regulations). Regulation 4 provides a mechanism in terms of which the Competition Commission (Commission) is able to establish prima facie that a price is excessive or unfair, which in turn can lead to a finding that the excessive pricing provisions of the Competition Act 89 of 1998 (Act) have been contravened.

Fraud unravels all
12 August 2020 Corporate & Commercial

Fraud unravels all

A fraudulent misrepresentation which induces a party to conclude a contract renders such a contract voidable at the instance of the aggrieved party. The aggrieved party may therefore validly terminate or rescind the contract on the basis of the fraudulent misrepresentation.

Broadening the scope of application: tax laws reaching further into the crypto-sphere
6 August 2020 Tax & Exchange Control

Broadening the scope of application: tax laws reaching further into the crypto-sphere

The use of cryptocurrencies and other crypto assets are becoming increasingly popular, especially in an economic climate in which fiat currency exchange rates are unsteady and volatile. In the South African tax context, the authorities have previously considered, to a large extent, only the tax treatment of cryptocurrencies. To this end, the intended tax treatment of cryptocurrencies has manifested in three distinct ways.

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Regulating the consequences of force majeure in your contract
20 May 2020 Corporate & Commercial

Regulating the consequences of force majeure in your contract

The emergence of Covid-19 introduced a host of governmental directives that made it impossible for some parties to meet their contractual obligations, often leaving them scrambling for their contracts to see how this has been regulated, if at all.

The question of adequate protection for essential service healthcare workers during the COVID-19 pandemic: The Labour Court analyses a trade union's complaints
14 April 2020 Employment

The question of adequate protection for essential service healthcare workers during the COVID-19 pandemic: The Labour Court analyses a trade union's complaints

On 8 April 2020, the Labour Court heard an urgent application launched by the National Education, Health and Allied Workers Union ("NEHAWU") against the Minister of Health ("the Minister"), the Minister of Employment and Labour, and the Provincial MECs for Health. This application concerned whether adequate provision of personal protective equipment ("PPE") was being made available to healthcare workers on the front line in public hospitals.

5 legal tips for start-ups
25 October 2018 Corporate & Commercial

5 legal tips for start-ups

Many highly successful start-ups are bedevilled by legal disputes, often between founders or funders, which could have been easily avoided. The story of McDonalds is one example. It was founded by brothers, Richard and Maurice McDonald, who were ultimately allegedly short-changed by Raymond Albert "Ray" Kroc, who joined the business after its establishment but took all the glory (and the money). How? Because they did not put legal agreements in place to regulate their partnership.

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Retrenchments during COVID19
20 July 2020 Employment

Retrenchments during COVID19

Employment Director Thabang Rapuleng joined Newzroom Afrika to discuss measures employees and employers can take in their risk assessing methods amidst an impending retrenchment season, as business battle the economic pressures of COVID-19.

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Electronic and virtual signatures
6 August 2020 Real Estate

Electronic and virtual signatures

Nabeela Edris, Associate in the Real Estate practice joined the Shakedown show on YFM, to discuss the use of electronic and virtual signatures. She clarifies according to the Act's where, when and how you can use these signatures.

The loss of jobs to foreign nationals
22 July 2020 Employment

The loss of jobs to foreign nationals

Sean Jamieson, Senior Associate in the Employment practice joined The Talking Point with Cathy Mohlahlana on SA FM. He discussed the loss of jobs to foreign nationals, recent unrest in the road freight industry and the balancing act with introducing regulations to ensure that there is equitable distribution of jobs.

Banked leave burdening employers
29 June 2020 Employment

Banked leave burdening employers

Asma Cachalia, Associate in the Employment practice joined Channel Africa to discuss banked leave burdening employers. She explains the importance of changing leave policies and employers encouraging employees to take statutory leave during the lockdown.