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A time for change for victims of sexual offences
26 October 2020 Pro Bono & Human Rights

A time for change for victims of sexual offences

Our nation is one gripped by violence. Stories of gender-based violence and sexual offences flood our news feeds almost daily without showing any signs of ease: in 2018/19 the number of reported sexual offences increased to 52,420 from 50,108 in 2017/18. 2019/20 saw a further increase in the number of reported sexual offences, bringing the number to 53,293. The nationwide call to action grows more and more urgent each day.

Proposed legislation for emigrants and retirement fund withdrawals
23 October 2020 Tax & Exchange Control

Proposed legislation for emigrants and retirement fund withdrawals

On 31 July 2020, National Treasury (Treasury) and the South African Revenue Service (SARS) published for public comment, the 2020 Draft Taxation Laws Amendment Bill (Draft TLAB). One key tax proposal entails an amendment to the definitions of the “pension preservation fund”, “provident preservation fund” and “retirement annuity fund” concepts, as contemplated in section 1 of the Income Tax Act, 1962 (ITA) (collectively Retirement Fund). This proposal is informed by the government’s intention to phase out the concept of “emigration”, as recognised by the South African Reserve Bank (SARB) and introduce a new verification process that will apply to individuals emigrating from South Africa (SA).

Working from home and drinking on the job
23 October 2020 Employment Law

Working from home and drinking on the job

Bongani Masuku, Director in the Employment Law practice joined eNCA to discuss the implications of drinking on the job whilst working from home. He explains the obligations of employers and employees responsibilities arising from the continued applicability of the Occupational Health and Safety Act; the provisions of the LRA and Contracts of Employment during the National Lockdown

SARS’ decision to audit
22 October 2020 Tax & Exchange Control

SARS’ decision to audit

Tax & Exchange Control Associate Louise Kotze joined Channel Africa to look at SARS’ decision to audit and whether or not it can be taken on review

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A time for change for victims of sexual offences
26 October 2020 Pro Bono & Human Rights

A time for change for victims of sexual offences

Our nation is one gripped by violence. Stories of gender-based violence and sexual offences flood our news feeds almost daily without showing any signs of ease: in 2018/19 the number of reported sexual offences increased to 52,420 from 50,108 in 2017/18. 2019/20 saw a further increase in the number of reported sexual offences, bringing the number to 53,293. The nationwide call to action grows more and more urgent each day.

Proposed legislation for emigrants and retirement fund withdrawals
23 October 2020 Tax & Exchange Control

Proposed legislation for emigrants and retirement fund withdrawals

On 31 July 2020, National Treasury (Treasury) and the South African Revenue Service (SARS) published for public comment, the 2020 Draft Taxation Laws Amendment Bill (Draft TLAB). One key tax proposal entails an amendment to the definitions of the “pension preservation fund”, “provident preservation fund” and “retirement annuity fund” concepts, as contemplated in section 1 of the Income Tax Act, 1962 (ITA) (collectively Retirement Fund). This proposal is informed by the government’s intention to phase out the concept of “emigration”, as recognised by the South African Reserve Bank (SARB) and introduce a new verification process that will apply to individuals emigrating from South Africa (SA).

Expert determinations – “final and binding”?
21 October 2020 Corporate & Commercial

Expert determinations – “final and binding”?

The resolution of disputes by way of expert determination has for long been a useful and common contractual provision inserted in commercial agreements. Expert determination is an entirely consensual process in terms of which the parties to a contract agree to refer certain types of disputes that may arise between them for adjudication to an independent third party. The independent third party is typically, but not necessarily, an expert (but not an arbitrator) with recognised expertise in the relevant subject matter and is required to utilise his or her own industry knowledge and skills to adjudicate on the dispute.

Legality review, unreasonable delay and the Supreme Court of Appeal’s view on the subject
20 October 2020 Dispute Resolution

Legality review, unreasonable delay and the Supreme Court of Appeal’s view on the subject

The evolution of the principle of legality from a residual pathway to judicial self-review by organs of state to a compulsory one-directional road has been exhaustively critiqued by commentators from the Constitutional Courts decision in Fedsure through to Gijima and subsequently Asla Construction. But howling at the gates has done little to change the minds of the judges that occupy seats on our appellate benches. If anything, the latest Supreme Court of Appeals judgment in Altech Radio Holdings (Pty) Limited and Others v City of Tshwane Metropolitan Municipality [2020] ZASCA 122 (5 October 2020) reaffirms that the state must launch its challenge under the principle of legality when it seeks to set aside its own decisions.

Administrative bodies: Stay in your lane!
20 October 2020 Dispute Resolution

Administrative bodies: Stay in your lane!

Each administrative body has a role to play, obligations to fulfil and functions to perform within their own areas of expertise. The line can at times be blurred between what is the right thing to do and what is the required thing to do. In the recent judgment of Vumacam (Pty) Ltd v Johannesburg Roads Agency and Others (14867/20) [2020] ZAGPJHC 186 the court makes it clear that instead of veering over the solid white line, the Johannesburg Roads Authority should have stayed in its own lane.

A question of character
19 October 2020 Competition

A question of character

In the recent case of Competition Commission v Irvin and Johnson Limited and Karan Beef (Proprietary)Limited (the I&J case) the Competition Tribunal(Tribunal) has reiterated that the Competition Commission (Commission) holds the burden to prove,on a balance of probabilities, that the conduct the Commission alleges constitutes a contravention of the Competition Act 89 of 1998, as amended (Act). However, it emphasised that this hurdle is not met merely by putting up the wording of an agreement,without analysing the true nature of that agreement.

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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 Law

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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Working from home and drinking on the job
23 October 2020 Employment Law

Working from home and drinking on the job

Bongani Masuku, Director in the Employment Law practice joined eNCA to discuss the implications of drinking on the job whilst working from home. He explains the obligations of employers and employees responsibilities arising from the continued applicability of the Occupational Health and Safety Act; the provisions of the LRA and Contracts of Employment during the National Lockdown

Working from home and consuming alcohol or drugs
19 October 2020 Employment Law

Working from home and consuming alcohol or drugs

Employment Law Director Phetheni Nkuna joined SABC's Morning Live to discuss the legalities around the consumption of and intoxication from alcohol, drugs and dagga while working remotely during the COVID-19 pandemic.

COSATU Nationwide Strike
7 October 2020 Employment Law

COSATU Nationwide Strike

Hugo Pienaar, Director in the Employment Law practice joined CNBC Africa to discuss the federation union's strike on 7 October 2020. He unpacks the legislative framework and the impact of the strike.

Cannabis for Private Purposes Bill
2 October 2020 Dispute Resolution

Cannabis for Private Purposes Bill

Andrew MacPherson, Senior Associate in the Dispute Resolution practice featured in a panel interview on Business Day TV. He discusses the Cannabis for Private Purposes Bill and the recent landmark court judgment regarding the private consumption and cultivation of cannabis.

How well do women fare in the South African labour market
14 August 2020 Employment Law

How well do women fare in the South African labour market

Employment Director Fiona Leppan joined Newzroom Afrika to take a look at whether South African employers are being sufficiently receptive to the additional burden of family responsibility that has been introduced to women working at home during lockdown.

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SARS’ decision to audit
22 October 2020 Tax & Exchange Control

SARS’ decision to audit

Tax & Exchange Control Associate Louise Kotze joined Channel Africa to look at SARS’ decision to audit and whether or not it can be taken on review

Drinking on the job whilst working from home
19 October 2020 Employment Law

Drinking on the job whilst working from home

Tamsanqa Mila, Associate in the Employment Law practice joined Benito Vergotine on Smile FM to discuss drinking on the job whilst working from home. He also explains the difference between employee misconduct and incapacity.

Drinking while working remotely
19 October 2020 Employment Law

Drinking while working remotely

Bongani Masuku, Director in the Employment Law practice joined Talk Radio 702 to discuss working from home, and why you can still get fired for drinking on the job.