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Neighbouring building plans ruining your scenery? Constitutional Court rules that legitimate expectations of property owners should be considered
6 May 2019 Dispute Resolution

Neighbouring building plans ruining your scenery? Constitutional Court rules that legitimate expectations of property owners should be considered

On 19 February 2019, the Constitutional Court (CC) handed down its judgment in the consolidated matters of Trustees of the Simcha Trust v Da Cruz and Others and City of Cape Town v Da Cruz and Others (Simcha Trust) in which it had to decide whether there was an obligation on local authorities considering a building application, to apply the legitimate expectations test when considering whether the surrounding area where the building is to be erected would likely be disfigured or whether such a building would be unsightly or objectionable.

Those who allege may not need to prove: The “appropriate relief” exception
6 May 2019 Dispute Resolution

Those who allege may not need to prove: The “appropriate relief” exception

It is a general principle in our law that those who allege before a court that they are entitled to succeed in their claim bear the onus to prove their entitlement. In a recent case, the Supreme Court of Appeal, in awarding the Appellants “appropriate relief”, paid short shrift to this general principle, thereby creating a precedent that may have unintended consequences.

To dispose or not to dispose… that is not the only question
6 May 2019 Corporate & Commercial

To dispose or not to dispose… that is not the only question

Companies often find themselves entering into disposal transactions which are possibly subject to the provisions of s112 of the Companies Act, No 71 of 2008 (Act), whether by selling a division of its business, disposing of its shares in a subsidiary or even undertaking an internal restructure.

To be or not to be: In writing
6 May 2019

To be or not to be: In writing

In the recent case of NUMSA obo Nomanyane and another v Grupo Antolin (Pty) Ltd MICT28342, heard before the Metal Engineering Industry Bargaining Council (MEIBC), the Commissioner was tasked with determining whether a fixed-term contract of employment must be in writing or not.

Exchange control and non-residents investing in South Africa: Relaxation of policy pertaining to payments
3 May 2019 Tax & Exchange Control

Exchange control and non-residents investing in South Africa: Relaxation of policy pertaining to payments

On 18 April 2019, the Financial Surveillance Department of the South African Reserve Bank (FinSurv) released three circulars, including Exchange Control Circular 9/2019 (Circular), regarding changes to South Africa’s exchange control (Excon) rules. The Circular deals with changes in the policy pertaining to payments in different contexts, made by persons or entities who are regarded as non-residents for Excon for purposes.

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The politics of defamation
17 April 2019 Dispute Resolution

The politics of defamation

The events that unfolded in the case of Herman Mashaba v Parks Tau and others [case number 38409/2016] in the judgment delivered on 8 February 2019, took place prior to the previous local elections when Herman Mashaba ousted Parks Tau as the Mayor of Johannesburg.

Unusual or suspicious transactions: What are the reporting obligations of Registered Auditors?
17 April 2019 Dispute Resolution

Unusual or suspicious transactions: What are the reporting obligations of Registered Auditors?

The proverbial “who will guard the guards?” comes to mind when one talks about the auditing profession. Section 45(1) of the Auditing Profession Act, 2005 (APA) provides an answer to that question by imposing an obligation upon a registered auditor of an entity who knows or has reason to believe that a reportable irregularity has occurred or is occurring in that entity to report it to the regulator, the Independent Regulatory Board for Auditors (IRBA), without delay.

Four tips to keep “control” under control
17 April 2019 Corporate & Commercial

Four tips to keep “control” under control

The concepts of “control” and “related persons” are among the most important and pervasive in the Companies Act, No 71 of 2008 (Companies Act), and their ambit may not be as clear-cut as it often seems. Briefly, entities are related to one another if one controls the other, or they have a common controller. Being related brings about the applicability of a number of important provisions of the Companies Act dealing with, for instance, financial assistance, the issuance of shares and the regulation of group companies. Here are a few factors to bear in mind when dealing with control and related parties.

Differentiation doesn’t always equal discrimination: Defences against unfair discrimination claims
15 April 2019 Employment

Differentiation doesn’t always equal discrimination: Defences against unfair discrimination claims

Section 6(1) of the Employment Equity Act, No 55 of 1998 (EEA) states that no person may unfairly discriminate against an employee, either directly or indirectly, on one or more grounds, including but not limited to, race, gender, sex, age, culture etc. Section 6(4) of the EEA goes on to highlight that if there is a difference between the terms and conditions of employment between employees of the same employer performing the same or substantially the same work or work of equal value that is based on one of the grounds listed in subsection 1, such shall amount to unfair discrimination.

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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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Doing Business in South Africa
21 August 2017 Corporate & Commercial

Doing Business in South Africa

Cape Managing Partner and Director in our Corporate and Commercial practice Gasant Orrie, appeared on SABC's Prime Time Business Show to talk about Doing Business in South Africa.

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Jerome Brink discusses sugar tax
12 March 2018 Tax & Exchange Control

Jerome Brink discusses sugar tax

Senior Associate in Tax & Exchange Control, Jerome Brink, was recently interviewed by Cape Talk's John Maytham. During his interview he discussed sugar tax, which will come into effect on 1 April.