Our team acts for a leading South Africa-based financial advisory services company

How to bring an incarcerated employee to an internal disciplinary hearing

Employers often face the practical difficulty of how an employee who has been incarcerated, typically awaiting trial (which on its own can take years), is to be brought to an internal disciplinary hearing.

One step closer to law: The Copyright Amendment Bill and Performers’ Protection Amendment Bill

On 29 February 2024, both houses of the National Assembly approved these two controversial bills and sent them to the President for assent. The drafters of the Copyright Amendment Bill (CAB) stated that it is aimed at updating the Copyright Act 98 of 1978 (Copyright Act) to make it more effective for educators, researchers, and people with disabilities and also to ensure that artists “ do not die as paupers due to ineffective protection ”. This latter aspect is also addressed by the Performers’ Protection Amendment Bill (PPAB) which states that it seeks to protect performers’ moral and economic rights, as well as the rights of producers of soundrecordings.  

Take note of your vows: A couple’s transfer of employment and enforceability of restraint of trade agreements

In August 2020, CDH discussed the decision in Slo Jo Innovation (Pty) Ltd v Beedle and Another (J737/22) ZALCJHB 212 ( Beedle ), regarding the transfer of restraint of trade agreements in employment contracts. The court ruled that a restraint of trade agreement included in a contract of employment was transferable under section 197 of the Labour Relations Act 66 of 1995, as amended. The decision in Beedle was upheld by the Labour Appeal Court in Beedle v Slo-Jo Innovations HubHub (Pty) Ltd JOL 60553 (LAC).

Addressing unauthorised, irregular, fruitless and wasteful expenditure (UIFW) in municipalities

On 31 May 2023, the Auditor-General, Tsakani Maluleke, released the Consolidated General Report on Local Government Audit outcomes for the 2021-22 financial year. Unauthorised, irregular, fruitless and wasteful expenditure (UIFW) continues to be a challenge in municipalities, with only 38 out of 257 obtaining clean audits. Officials with the requisite financial skills as well as effective budgeting and controls are required to address this ongoing issue.

Another draft Employment Equity economic sector targets: Have comments been considered?

What’s in a name? The status of Tax Courts as courts of law

The South African legal system is host to a number of quasi-judicial decision-making bodies which, while having the power to make decisions which are authoritative and may be binding on parties and while conducting proceedings in a judicial manner, cannot be described as courts of law in the proper sense. The High Court in the case of Poulter v The Commissioner for the South African Revenue Service (A88/2023) ZAWCHC had to determine whether the Tax Court was a court of law for the purposes of deciding whether a taxpayer could be represented by a layperson in the Tax Court. It should be noted that the Tax Court first considered the issue of a layperson’s right of appearance before it in 2016 (see our Tax and Exchange Control Alert of 9 September 2016), which we refer tobelow.