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POPIA update: POPIA regulations are coming into effect and the guideline on the codes of conduct is published
2 March 2021 Technology, Media & Telecommunications

POPIA update: POPIA regulations are coming into effect and the guideline on the codes of conduct is published

On 26 February 2021, the Guideline to Develop Codes of Conduct (Guideline) was gazetted and notice was given that Regulations issued in terms of the Protection of Personal Information Act 4 of 2013 (POPIA) are coming into effect. In relation to the Regulations, the Government Gazette (No 44191) notified that Regulation 5 (relating to the application for issuing of Codes of Conduct) is effective as of 1 March 2021. Regulation 4 (relating to certain responsibilities of Information Officers) will be effective on 1 May 2021 and the rest of the Regulations will come into effect on 1 July 2021.

Corporate Investigations | Sticking to the ABCs of DDs
2 March 2021 Dispute Resolution

Corporate Investigations | Sticking to the ABCs of DDs

In recent years, South African organisations have become increasingly cautious in relation to the reputational and associated financial risk arising from affiliations with third parties who are publicly perceived as “corrupt”. This is especially so in the era of State Capture, where it has become commonplace for allegations of impropriety to extend to public and private sector entities.

Good news and not so good news for companies undertaking share buybacks
26 February 2021 Corporate & Commercial

Good news and not so good news for companies undertaking share buybacks

Section 48 of the Companies Act 71 of 2008 (Companies Act) makes provision for the reacquisition by a company of its shares. Section 48(8)(b) provides that a decision by the board of a company to acquire its own shares is subject to “the requirements of” sections 114 and 115 of the Companies Act if, considered alone or together with other transactions in an integrated series of transactions, it involves the acquisition by the company of more than 5% of the issued shares of any particular class of the company’s shares. Arguably, never has the phrase “the requirements of” tortured companies and their advisors as much as in the context of section 48(8)(b).

South Africa’s green gold
26 February 2021 Agriculture, Aquaculture and Fishing

South Africa’s green gold

According to the Africa Cannabis Report - March 2019, compiled by international research group Prohibition Partners, Africa’s climate, affordable land and low-cost labour offer enormous opportunities in a market that could exceed $US7.1 billion by 2023. The Department of Trade and Industry and the Agricultural Research Council have projected that the current cannabis industry in South Africa is worth R14bn (US$936m) and by 2024, this could double to R28bn (US$1.9bn), making up 70% of the R44bn (US$2.9bn) estimated African market.

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POPIA update: POPIA regulations are coming into effect and the guideline on the codes of conduct is published
2 March 2021 Technology, Media & Telecommunications

POPIA update: POPIA regulations are coming into effect and the guideline on the codes of conduct is published

On 26 February 2021, the Guideline to Develop Codes of Conduct (Guideline) was gazetted and notice was given that Regulations issued in terms of the Protection of Personal Information Act 4 of 2013 (POPIA) are coming into effect. In relation to the Regulations, the Government Gazette (No 44191) notified that Regulation 5 (relating to the application for issuing of Codes of Conduct) is effective as of 1 March 2021. Regulation 4 (relating to certain responsibilities of Information Officers) will be effective on 1 May 2021 and the rest of the Regulations will come into effect on 1 July 2021.

Corporate Investigations | Sticking to the ABCs of DDs
2 March 2021 Dispute Resolution

Corporate Investigations | Sticking to the ABCs of DDs

In recent years, South African organisations have become increasingly cautious in relation to the reputational and associated financial risk arising from affiliations with third parties who are publicly perceived as “corrupt”. This is especially so in the era of State Capture, where it has become commonplace for allegations of impropriety to extend to public and private sector entities.

Good news and not so good news for companies undertaking share buybacks
26 February 2021 Corporate & Commercial

Good news and not so good news for companies undertaking share buybacks

Section 48 of the Companies Act 71 of 2008 (Companies Act) makes provision for the reacquisition by a company of its shares. Section 48(8)(b) provides that a decision by the board of a company to acquire its own shares is subject to “the requirements of” sections 114 and 115 of the Companies Act if, considered alone or together with other transactions in an integrated series of transactions, it involves the acquisition by the company of more than 5% of the issued shares of any particular class of the company’s shares. Arguably, never has the phrase “the requirements of” tortured companies and their advisors as much as in the context of section 48(8)(b).

South Africa’s green gold
26 February 2021 Agriculture, Aquaculture and Fishing

South Africa’s green gold

According to the Africa Cannabis Report - March 2019, compiled by international research group Prohibition Partners, Africa’s climate, affordable land and low-cost labour offer enormous opportunities in a market that could exceed $US7.1 billion by 2023. The Department of Trade and Industry and the Agricultural Research Council have projected that the current cannabis industry in South Africa is worth R14bn (US$936m) and by 2024, this could double to R28bn (US$1.9bn), making up 70% of the R44bn (US$2.9bn) estimated African market.

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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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COVID-19 Vaccine
4 February 2021 Employment Law

COVID-19 Vaccine

South Africa's first batch of vaccines were delivered this week. While the distribution is being seen as key to the ending the pandemic, on Monday night President Cyril Ramaphosa confirmed that government had no intention making COVID-19 vaccination mandatory. Employment Law Director Phetheni Nkuna joined Newzroom Afrika's News @ Prime to unpack the intricacies around the legislative landscape and the question of vaccinations in the workplace.

Vaccinations policy in the workplace
18 January 2021 Employment Law

Vaccinations policy in the workplace

Hugo Pienaar, Director in the Employment Law practice featured on an eNCA interview discussing the vaccinations policy in the workplace and the ten legal principles that should be considered when deciding to create or implement such a policy.

Mid-term Budget Speech
30 October 2020 Tax & Exchange Control

Mid-term Budget Speech

Louis Botha Tax & Exchange Control Senior Associate, took part in a panel discussion on CNBC's Closing Bell to unpack some highlights from Finance Minister Tito Mboweni's mid-term budget speech on 28 October 2020.

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.

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Office romance
24 February 2021 Tax & Exchange Control

Office romance

Phetheni Nkuna, Director in our Employment Law practice joined Smile FM to discuss office romance. She elaborates on employee obligations, conflict of interest, and highlights what policy measures employers should have in place to regulate this and mitigate risk of harm (reputation and sexual harassment).

National Minimum Wage
22 February 2021 Employment Law

National Minimum Wage

Gillian Lumb, Director in our Employment Law practice joined Smile FM to discuss the impact of the increase in the South African national minimum wage and the increase in the earnings threshold both of which come into effect on 1 March 2021. She discusses this in relation to the Basic Conditions of Employment Act, the Labour Relations Act and Employment Equity Act.

Employer liability in terms of section 60 of the EEA
22 February 2021 Employment Law

Employer liability in terms of section 60 of the EEA

Employers have duty to eliminate unfair discrimination in their employment policies and procedures. The case of PSA obo AG v The Department of Agriculture highlights the risks to employers who fail to take the necessary steps to eliminate sexual harassment in the workplace. Listen to Jose Jorge in discussion with Adv Craig Bosch about this topic.