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Extended COVID-19 TERS relief
4 March 2021 Employment Law

Extended COVID-19 TERS relief

After much anticipation, the Minister of Labour and Employment has now gazetted Directions on the extension of the COVID-19 TERS benefits. Whilst dated 26 February 2021, the Directions were gazetted on 3 March 2021.

South Africa’s “second” transfer pricing case?
4 March 2021 Tax & Exchange Control

South Africa’s “second” transfer pricing case?

It is no secret that revenue authorities the world over continue to place significant emphasis on Base Erosion and Profit Shifting (BEPS), with transfer pricing being one of the key focus areas. The South African Revenue Service (SARS) is no different. In fact, the Minister of Finance (Minister) in the recent 2021 National Budget Speech specifically requested an additional spending allocation of R3 billion to SARS which would, amongst others, be used to expand SARS’ specialised transfer pricing audit and investigative skills.

Extended COVID-19 TERS benefits and tool kit for a TERS audit
3 March 2021 Employment Law

Extended COVID-19 TERS benefits and tool kit for a TERS audit

Since the President’s announcement at the State of the Nation Address, that the COVID-19 TERS would be extended until 5 March 2021, the social partners at NEDLAC have been working to finalise the details and importantly, the sectors which will receive the extended benefits. The Unemployment Insurance Fund (UIF) has recently, released a statement with further details of the extension.

A spotlight on the value of Social and Ethics Committees in times of crisis
3 March 2021 Corporate & Commercial

A spotlight on the value of Social and Ethics Committees in times of crisis

On 28 February, President Cyril Ramaphosa announced that South Africa had moved from adjusted alert level 3 lockdown to alert level 1. This positive move came as new daily infections fell to around the 1,000-mark in recent days as South Africa comes out of a devastating second wave of COVID-19 infections.

Fraud unravels all subsequent transactions
3 March 2021 Real Estate

Fraud unravels all subsequent transactions

In Moseia and Others v Master of the High Court: Pretoria and Others (36201/2018) [2021] ZAGPPHC 37, the court reaffirmed the principle that fraud renders the so-called real agreement between parties defective, with the consequence that ownership of immovable property did not pass from a fraudulent transferor to bona fide transferees.

Legal defence available for those SLAPPed into silence
3 March 2021 Environmental

Legal defence available for those SLAPPed into silence

In what is seen as a landmark decision, the Western Cape High Court, South Africa recently handed down judgment that has received much praise upholding for the first time the defence of Strategic Lawsuit Against Public Participation (SLAPP) against a mining company, albeit in an interlocutory proceeding.

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Extended COVID-19 TERS relief
4 March 2021 Employment Law

Extended COVID-19 TERS relief

After much anticipation, the Minister of Labour and Employment has now gazetted Directions on the extension of the COVID-19 TERS benefits. Whilst dated 26 February 2021, the Directions were gazetted on 3 March 2021.

South Africa’s “second” transfer pricing case?
4 March 2021 Tax & Exchange Control

South Africa’s “second” transfer pricing case?

It is no secret that revenue authorities the world over continue to place significant emphasis on Base Erosion and Profit Shifting (BEPS), with transfer pricing being one of the key focus areas. The South African Revenue Service (SARS) is no different. In fact, the Minister of Finance (Minister) in the recent 2021 National Budget Speech specifically requested an additional spending allocation of R3 billion to SARS which would, amongst others, be used to expand SARS’ specialised transfer pricing audit and investigative skills.

Extended COVID-19 TERS benefits and tool kit for a TERS audit
3 March 2021 Employment Law

Extended COVID-19 TERS benefits and tool kit for a TERS audit

Since the President’s announcement at the State of the Nation Address, that the COVID-19 TERS would be extended until 5 March 2021, the social partners at NEDLAC have been working to finalise the details and importantly, the sectors which will receive the extended benefits. The Unemployment Insurance Fund (UIF) has recently, released a statement with further details of the extension.

A spotlight on the value of Social and Ethics Committees in times of crisis
3 March 2021 Corporate & Commercial

A spotlight on the value of Social and Ethics Committees in times of crisis

On 28 February, President Cyril Ramaphosa announced that South Africa had moved from adjusted alert level 3 lockdown to alert level 1. This positive move came as new daily infections fell to around the 1,000-mark in recent days as South Africa comes out of a devastating second wave of COVID-19 infections.

Fraud unravels all subsequent transactions
3 March 2021 Real Estate

Fraud unravels all subsequent transactions

In Moseia and Others v Master of the High Court: Pretoria and Others (36201/2018) [2021] ZAGPPHC 37, the court reaffirmed the principle that fraud renders the so-called real agreement between parties defective, with the consequence that ownership of immovable property did not pass from a fraudulent transferor to bona fide transferees.

Legal defence available for those SLAPPed into silence
3 March 2021 Environmental

Legal defence available for those SLAPPed into silence

In what is seen as a landmark decision, the Western Cape High Court, South Africa recently handed down judgment that has received much praise upholding for the first time the defence of Strategic Lawsuit Against Public Participation (SLAPP) against a mining company, albeit in an interlocutory proceeding.

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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.