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One suretyship, two agreements – are both covered?
10 July 2019 Dispute Resolution

One suretyship, two agreements – are both covered?

In the recent case of Moss & another v KMSA Distributors (673/2018) [2019] ZASCA 81, the Supreme Court of Appeal (SCA) considered whether a suretyship agreement, attached as an annexure to a certain agreement, also provided security to the creditor for debts incurred by the debtor under an earlier separate agreement concluded between the same parties.

AI ownership and machines as creators
8 July 2019 Technology, Media & Telecommunications

AI ownership and machines as creators

In a previous article entitled “AI Regulation in South Africa”, we discussed that although no specific laws yet exist in South Africa to regulate AI, it is regulated under existing legal principles. In this article, we explore issues around ownership.

Furnishing of security: Are all employers equal?
8 July 2019 Employment

Furnishing of security: Are all employers equal?

The obligation to furnish security in order to stay the enforcement of an arbitration award pending the outcome of review proceedings can be onerous. The requirement is aimed primarily at preventing meritless review proceedings. Whether public sector employers are obliged to provide security or are prohibited from doing so in terms of the Local Government: Municipal Finance Management Act, No 56 of 2003 (MFMA) or Public Finance Management Act, No 1 of 1999 (PFMA) was the question answered by the Labour Appeal Court (LAC) in a judgment handed down in March 2019 in the case of City of Johannesburg v SAMWU obo Monareng and Another (JA 120/2017).

Freedom of expression or incitement to commit an offence? A constitutional challenge
8 July 2019 Employment

Freedom of expression or incitement to commit an offence? A constitutional challenge

On 4 July 2019, the North Gauteng High Court handed down judgment in the case of The EFF and other v Minister of Justice and Constitutional Development and other (87638/2017 and 45666/2017) in which the EFF and Julius Malema (the applicants) sought to have s18(2)(b) of the Riotous Assemblies Act, No 17 of 1956 (Riotous Act) declared unconstitutional.

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Changing the provisions of a policy governing benefits which forms part of the T&Cs of employment
1 July 2019 Employment

Changing the provisions of a policy governing benefits which forms part of the T&Cs of employment

On 20 June 2019, the Labour Court handed down judgment in Skinner & 208 Others vs Nampak Products Limited & Others (Labour Court: case no: JS197/16) in a matter concerning the provision and limitation by Nampak of a post-retirement medical aid benefit (PRMA) contained in an applicable Policy. The Policy formed part of the eligible employees’ terms and conditions of employment.

South African Tax Court rules in favour of taxpayer in ‘most favoured nation’ test case
27 June 2019 Tax & Exchange Control

South African Tax Court rules in favour of taxpayer in ‘most favoured nation’ test case

On 12 June 2019 the Cape Town Tax Court delivered its judgment in the dividends tax test case between ABC Pty Ltd (Taxpayer) and the South African Revenue Service (SARS). The case pertained to SARS’s refusal to refund dividends tax overpaid by the Taxpayer following the Taxpayer’s interpretation of the ‘most favoured nation’ provision (MFN clause) in the double taxation agreement (DTA) between South Africa (SA) and the Netherlands (SA/Netherlands DTA) (Dutch MFN clause), read with the MFN clause in the SA/Sweden DTA (Swedish MFN clause) and the SA/Kuwait DTA.

Criminal offences in the MFMA – not a paper tiger: The imposition of a custodial sentence for failing to prevent irregular expenditure
26 June 2019 Dispute Resolution

Criminal offences in the MFMA – not a paper tiger: The imposition of a custodial sentence for failing to prevent irregular expenditure

A recent judgment handed down by the Western Cape High Court held a former municipal manager criminally liable for offences relating to irregular expenditure. The case raises concerns about the severity of the penalty that municipal managers – acting with good intentions and in what they believe to be the best interests of the municipality – may face for failing to prevent irregular expenditure.

FSCA issues guidance note on the requirements for continuous professional development
26 June 2019 Corporate & Commercial

FSCA issues guidance note on the requirements for continuous professional development

The Financial Sector Conduct Authority (FSCA) has released a guidance note on compliance with the continuous professional development (CPD) requirements for Financial Service Providers (FSPs), key individuals (KIs) and representatives set out in Chapter 4 of the Determination of Fit and Proper Requirements for Financial Service Providers, 2017 (Board Notice 194 of 2017) (Fit and Proper Requirements).

“Airbnb” Bill – what you need to know
24 June 2019 Real Estate

“Airbnb” Bill – what you need to know

The Department of Tourism has extended the deadline for comments on the so-called “Airbnb Bill”, formally the Draft Tourism Amendment Bill, to 15 July 2019. This follows months of speculation on whether the Bill may restrict and regulate short-term rentals, popularised by the likes of Airbnb, in South Africa.

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Women in the workplace
5 February 2018 Employment

Women in the workplace

In South Africa, we have several laws ensuring the protection of women in the workplace. The Constitution of the Republic of South Africa confirms that “everyone is equal before the law and has the right to equal protection and benefit of the law”. Employment legislation has been enacted in order to give effect to the Constitution and to protect all employees, including women in the workplace.

The rise of restraints: An inevitable reality during junk status
5 February 2018 Employment

The rise of restraints: An inevitable reality during junk status

South Africa has been unfortunate over recent months to experience more than one ratings downgrade to sub investment grade, otherwise known as junk status. This has not only resulted in an all-time low in investor confidence but has demanded that employers take an active role to protect their slice of the pie, so to speak.

TES ruling raises uncertainty for all sectors
5 February 2018 Employment

TES ruling raises uncertainty for all sectors

The Labour Appeal Court (LAC) recently delivered a judgment which could have significant implications for the South African labour market. The judgment specifies that employees of labour brokers who earn below the threshold for vulnerable employees, will become the permanent employees of the client at which they are placed after a period of three consecutive months.

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Water crisis in the Western Cape
28 November 2017 Environmental

Water crisis in the Western Cape

Director and National Head of our Environmental practice Terry Winstanley discusses water restrictions and regulations in the Western Cape.

Justice Madlanga addressed the learners on transformative constitutionalism
15 November 2017 Pro Bono & Human Rights

Justice Madlanga addressed the learners on transformative constitutionalism

Every year, hundreds of high school learners participate in the National Schools Moot Court Competition. The competition, which first began in 2011, is a joint initiative by the Department of Basic Education, the Department of Justice and Constitutional Development, the South African Human Rights Commission, the Foundation for Human Rights and the University of Pretoria. CDH has been heavily involved in the Competition since 2014, and on 4 October 2017, as part of an intensive few days programme for the national rounds, we hosted 74 learners participating in these rounds at a seminar held at our Sandton offices.

Former Constitutional Court Judge, jurist and struggle stalwart, Justice Zak Yacoob gave a stirring keynote address at the the I decide = I am exhibition
8 November 2017 Pro Bono & Human Rights

Former Constitutional Court Judge, jurist and struggle stalwart, Justice Zak Yacoob gave a stirring keynote address at the the I decide = I am exhibition

Former Constitutional Court Judge, jurist and struggle stalwart, Justice Zak Yacoob gave a stirring keynote address at the the I decide = I am exhibition. The cocktail event was held at our Sandton offices in partnership with the Centre for Human Rights. The exhibit was displayed during the month of October.

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New labour legislation passed by Parliament
17 September 2018 Employment

New labour legislation passed by Parliament

Shane Johnson, Professional Support Lawyer in our from Employment practice, joined Michael Avery on Classic FM to discuss the new labour legislation that has been passed by Parliament.