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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.
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.
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.
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.
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.
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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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.
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.
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.
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.
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.
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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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.
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.
Cliffe Dekker Hofmeyr (CDH), a top ranked law firm and a provider of legal services in the area of insurance law and related litigation, announced today that it has become the exclusive member firm in South Africa for Insuralex Global Insurance Lawyers Group, the world’s leading insurance and reinsurance law firm network.
Pieter Conradie and Anja Hofmeyr have made written contribution to the ICLG: The International Comparative Legal Guide to: Class and Group Actions 2019
Director Bridget King authored the article "The ‘Fatal Flaw’ in South Africa’s Financial Regulation" in the latest SA Treasurer Journal.
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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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.
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.
Employment Law Director Imraan Mahomed joined eNews Channel Africa's Live at Lunchtime with Jeremy Maggs to discuss whether South African employers can impose mandatory COVID-19 vaccination policies as a pre-requisite to return to work or as a precondition for employment.
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.
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
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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Kylene Weyers, Senior Associate in the Business Rescue, Restructuring & Insolvency sector joined 702 to discuss parts of the business rescue process and to explain the fees charged by business rescue practitioners.
Employment Law Associate Tamsanqa Mila joined Channel Africa's Rise and Shine to discuss the increase in South Africa's, which comes into effect on 1 March 2021.
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).
Can your boss force you to have a COVID-19 vaccination? Employment Law Director Thabang Rapuleng joined SAfm Sunrise with Stephen Grootes to discuss employer and employee rights around COVID-19 vaccinations in the workplace.
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.
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.
