Latest News

Get insight into the most recent legal developments across key industry sectors.

subscribe to updates

Loading...

The President’s announcement to increase the licensing threshold for embedded generation projects – Some carbon tax considerations
18 June 2021 Tax & Exchange Control

The President’s announcement to increase the licensing threshold for embedded generation projects – Some carbon tax considerations

On 10 June 2021, President Cyril Ramaphosa made the surprising (and welcome) announcement that government would lift the threshold for companies to produce their own electricity without a licence to 100MW. While the change will only come into effect once the relevant amendments have been made to the Electricity Regulation Act 4 of 2006, the amendment raises potential important questions and opportunities that should be considered in the carbon tax context. Mainly, these considerations would arise where a private entity wished to generate electricity through renewable energy sources.

A judicial reminder to take heed of the provisions in your co-ownership agreement | Part 2 – Be sure to take a “Step-In” the right direction
17 June 2021 Real Estate

A judicial reminder to take heed of the provisions in your co-ownership agreement | Part 2 – Be sure to take a “Step-In” the right direction

As alluded to in Part 1, a co-ownership comprises two or more persons who each own an undivided share in and to a property. In terms of section 34(1) of the Deeds Registries Act 47 of 1937, any person who owns an undivided share in and to a property may obtain a separate title deed for its undivided share. This provision allows a co-owner to secure a loan from a funder and to register a mortgage bond over its undivided share as security for the repayment of the said loan.

Set it off: Postponement of a final winding up order pending the determination of a counterclaim
15 June 2021 Dispute Resolution

Set it off: Postponement of a final winding up order pending the determination of a counterclaim

Rule 22(4) of the Uniform Rules of Court affords a defendant who has filed a counterclaim against a plaintiff the right to request the postponement of judgment on such part of the claim as admitted by him until the counterclaim has been finally determined. The defendant must show that the counterclaim, if successful, will wholly or partially extinguish the plaintiff’s claim. As such, both the claim and counterclaim must generally be sound in money. The court also has a discretion whether to postpone the claim in convention so that both the claim and the counterclaim are heard simultaneously.

Loading...

The President’s announcement to increase the licensing threshold for embedded generation projects – Some carbon tax considerations
18 June 2021 Tax & Exchange Control

The President’s announcement to increase the licensing threshold for embedded generation projects – Some carbon tax considerations

On 10 June 2021, President Cyril Ramaphosa made the surprising (and welcome) announcement that government would lift the threshold for companies to produce their own electricity without a licence to 100MW. While the change will only come into effect once the relevant amendments have been made to the Electricity Regulation Act 4 of 2006, the amendment raises potential important questions and opportunities that should be considered in the carbon tax context. Mainly, these considerations would arise where a private entity wished to generate electricity through renewable energy sources.

A judicial reminder to take heed of the provisions in your co-ownership agreement | Part 2 – Be sure to take a “Step-In” the right direction
17 June 2021 Real Estate

A judicial reminder to take heed of the provisions in your co-ownership agreement | Part 2 – Be sure to take a “Step-In” the right direction

As alluded to in Part 1, a co-ownership comprises two or more persons who each own an undivided share in and to a property. In terms of section 34(1) of the Deeds Registries Act 47 of 1937, any person who owns an undivided share in and to a property may obtain a separate title deed for its undivided share. This provision allows a co-owner to secure a loan from a funder and to register a mortgage bond over its undivided share as security for the repayment of the said loan.

Set it off: Postponement of a final winding up order pending the determination of a counterclaim
15 June 2021 Dispute Resolution

Set it off: Postponement of a final winding up order pending the determination of a counterclaim

Rule 22(4) of the Uniform Rules of Court affords a defendant who has filed a counterclaim against a plaintiff the right to request the postponement of judgment on such part of the claim as admitted by him until the counterclaim has been finally determined. The defendant must show that the counterclaim, if successful, will wholly or partially extinguish the plaintiff’s claim. As such, both the claim and counterclaim must generally be sound in money. The court also has a discretion whether to postpone the claim in convention so that both the claim and the counterclaim are heard simultaneously.

An end to the debate: The government expressly permits mandatory workplace vaccination policies
14 June 2021 Employment Law

An end to the debate: The government expressly permits mandatory workplace vaccination policies

On 11 June 2021, the Department of Employment and Labour (Department) issued an updated Consolidated Direction on Occupational Health and Safety (Directive) which, among other things, expressly permits an employer to implement a mandatory workplace vaccination policy subject to specific guidelines. When implementing a mandatory workplace vaccination policy, the Department has cautioned employers to ensure that the rights of employees to bodily integrity and religious freedoms and beliefs are taken into account.

Loading...

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.

Loading...

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.

Exclusion of adopted children as beneficiaries
29 April 2021 Trusts & Estates

Exclusion of adopted children as beneficiaries

Johann Jacobs, Consultant in our Trusts & Estates practice joined eNCA to discuss the landmark Constitutional Court ruling, that ruled against the exclusion of adopted children as beneficiaries. He unpacks the implications of the ruling.

Loading...

Smile FM - Constitutional Court - Landmark Clicks case with SARS
13 June 2021 Tax & Exchange Control

Smile FM - Constitutional Court - Landmark Clicks case with SARS

Jerome Brink, Director in the Tax and Exchange Control practice joined Smile FM, to discuss the landmark Constitutional Court ruling of an appeal by Clicks Retailers against a refusal by SARS to approve an allowance claimed by Clicks in terms of section 24C of the Income Tax Act 58 of 1962.

Cape Talk - Landmark ruling Clicks Retailers and SARS - Section 24C of the Income Tax Act 58 of 1962
10 June 2021 Tax & Exchange Control

Cape Talk - Landmark ruling Clicks Retailers and SARS - Section 24C of the Income Tax Act 58 of 1962

Jerome Brink, Director in the Tax and Exchange Control practice joined Cape Talk, to discuss the landmark Constitutional Court ruling of an appeal by Clicks Retailers against a refusal by SARS to approve an allowance claimed by Clicks in terms of section 24C of the Income Tax Act 58 of 1962. He unpacks the case and explains the implications for other retailers.

Cape Talk - Returning to work in the new normal
9 June 2021 Employment Law

Cape Talk - Returning to work in the new normal

Thabang Rapuleng, Director in the Employment Law practice joined Cape Talk to discuss returning to the office and employment law for employers and employees in the 'new normal'. He unpacks the cornerstone of a good working relationship being honesty, trust and good faith on both the part of the employer and employees. Listen to the interview here (BITLY)

Smile FM - Nedlac - COVID-19 workplace vaccine guidelines
9 June 2021 Employment Law

Smile FM - Nedlac - COVID-19 workplace vaccine guidelines

Tamsanqa Mila, Senior Associate in the Employment Law practice joined Smile FM to discuss the NEDLAC guidelines on the COVID–19 workplace vaccination policy. He explains that vaccinations will not be made mandatory and employees should rather use persuasion as opposed to coercion, and educate employees on the benefits of taking the vaccine.