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The state of business rescue in South Africa
22 July 2021 Dispute Resolution

The state of business rescue in South Africa

Belinda Scriba, Director in our Dispute Resolution practice joined Newzroom Africa to discuss the state of business rescue in South Africa. One of the major concerns raised is that the country may not have enough business rescue practitioners for the companies already in business rescue, let alone those rescues that are anticipated as a result of the latest civil unrest experienced in Gauteng and KwaZulu-Natal.

A cautionary tale? SARS ruling places employment tax incentive under the microscope
22 July 2021 Tax & Exchange Control

A cautionary tale? SARS ruling places employment tax incentive under the microscope

On 6 July 2021, the South African Revenue Service (SARS) published Binding Private Ruling 367 (BPR 367) which determined that students in a proposed training programme would not be considered “employees” as contemplated in the Employment Tax Incentive Act 26 of 2013 (ETI Act) and that the applicant taxpayer would not be entitled to claim an employment tax incentive (ETI) in respect of them. This ruling was published on the back of much public discussion around certain schemes utilising the ETI and is important for all advisors, taxpayers and proposed employees or beneficiaries of these schemes. This article discusses the background facts and SARS’ ruling as well as the implications for all relevant stakeholders of the ETI.

Disciplining of employees for activities outside of the workplace
22 July 2021 Employment Law

Disciplining of employees for activities outside of the workplace

Anli Bezuidenhout, Director in our Employment Law practice joined Channel Africa to discuss the disciplining of employees for activities outside of the workplace. She explains that if there is a link between the conduct and the workplace, this could lead to a disciplinary process.

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A cautionary tale? SARS ruling places employment tax incentive under the microscope
22 July 2021 Tax & Exchange Control

A cautionary tale? SARS ruling places employment tax incentive under the microscope

On 6 July 2021, the South African Revenue Service (SARS) published Binding Private Ruling 367 (BPR 367) which determined that students in a proposed training programme would not be considered “employees” as contemplated in the Employment Tax Incentive Act 26 of 2013 (ETI Act) and that the applicant taxpayer would not be entitled to claim an employment tax incentive (ETI) in respect of them. This ruling was published on the back of much public discussion around certain schemes utilising the ETI and is important for all advisors, taxpayers and proposed employees or beneficiaries of these schemes. This article discusses the background facts and SARS’ ruling as well as the implications for all relevant stakeholders of the ETI.

Abuse of buyer power: Regulation of the retail sector in Kenya
21 July 2021

Abuse of buyer power: Regulation of the retail sector in Kenya

On 11 June 2021, the Director General of the Competition Authority of Kenya (CAK) gazetted the Retail Trade Code of Practice (Code), to encourage self-regulation, harmonise the means of engagement between retailers and suppliers, and apply international best practice to the Kenyan retail market.

The Amazon is a river in Africa
21 July 2021 Competition Law

The Amazon is a river in Africa

Competition in digital markets is a focus area for many countries at the moment. The US and the EU are looking in detail at digital markets, and in South Africa there is an ongoing market review of different aspects of them. The assessment of innovation and potential competition in mergers in digital markets is important in many of these processes as regulators are concerned that large digital firms are prone to acquiring small innovative competitors before they transform into credible competitive threats. The EU’s public stance is that a merger’s impact on innovation should be expressly assessed when digital markets are implicated.

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Treasury to Implement an Unemployment Insurance Fund
23 March 2021 Employment Law

Treasury to Implement an Unemployment Insurance Fund

Widely reported last week is a plan by the Treasury to set up an Unemployment Insurance Fund (UIF), in order to assist the unemployed as a result of the COVID-19 pandemic. As reported, the plan seems rather simple; a 1% tax will be levied on employees and employers alike in order to fund the UIF and offer a monthly stipend to the unemployed, or those unable to work due to illness.

Labour and Employment Guide 2020
23 March 2021 Employment Law

Labour and Employment Guide 2020

Partner Desmond Odhiambo and Associate Peter Mutema recently contributed to the 2020 edition of Getting The Deal Through - Labour and Employment.

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The state of business rescue in South Africa
22 July 2021 Dispute Resolution

The state of business rescue in South Africa

Belinda Scriba, Director in our Dispute Resolution practice joined Newzroom Africa to discuss the state of business rescue in South Africa. One of the major concerns raised is that the country may not have enough business rescue practitioners for the companies already in business rescue, let alone those rescues that are anticipated as a result of the latest civil unrest experienced in Gauteng and KwaZulu-Natal.

Recent action by the Competition Authority of Kenya
13 July 2021 Competition Law

Recent action by the Competition Authority of Kenya

CDH Kenya Corporate Partner, Njeri Wagacha joined The Situation Room on Spice FM. She discussed recent action by the Competition Authority of Kenya to fine bread manufacturers as part of its consumer protection agenda.

COVID-19 Mandatory Vaccination Policies
29 June 2021 Employment Law

COVID-19 Mandatory Vaccination Policies

Tamsanqa Mila, Senior Associate in our Employment Law practice joined Newzroom Afrika to discuss the COVID-19 Mandatory Vaccination Policies. He also gives insight into various COVID-19 employment law related issues in the workplace.

The unintended consequences of living together
15 June 2021 Trusts & Estates

The unintended consequences of living together

Trusts & Estates Senior Associate Linda Coffee-Kotze joined On Point on SABC 3 to contribute to a report on The (un)intended consequences of living together – why you should have a valid Will.

The possibility of compulsory COVID-19 vaccinations in the workplace
14 June 2021 Employment Law

The possibility of compulsory COVID-19 vaccinations in the workplace

Hugo Pienaar, Director in our Employment Law practice joined eNCA to discuss the NEDLAC agreement and the possibility of compulsory COVID-19 vaccinations in the workplace. He explains the consultation process that employers will need to undertake, if they would like to implement compulsory vaccinations.

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Disciplining of employees for activities outside of the workplace
22 July 2021 Employment Law

Disciplining of employees for activities outside of the workplace

Anli Bezuidenhout, Director in our Employment Law practice joined Channel Africa to discuss the disciplining of employees for activities outside of the workplace. She explains that if there is a link between the conduct and the workplace, this could lead to a disciplinary process.

Employees being disciplined for criminal activities whilst they are off duty
21 July 2021 Employment Law

Employees being disciplined for criminal activities whilst they are off duty

Bongani Masuku Director in our Employment Law practice, joined Bruce Whitfield on Radio 702 to discuss the possibility of employees being disciplined for criminal activities whilst they are off duty. He explains the disciplinary process that could ensue if a link can be established between the off-duty conduct and the employment relationship or if the conduct can be said to bring the employer's name into disrepute.

Can employees temporarily close their doors
19 July 2021 Employment Law

Can employees temporarily close their doors

Phetheni Nkuna, Director in our Employment Law practice, joined Cape Talk to discuss the impact of the current civil unrest on employees, and the recourse available to an employer who is forced to unexpectedly close its doors.