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Relaxation of exchange controls: A not so relaxing episode…
27 November 2020 Tax & Exchange Control

Relaxation of exchange controls: A not so relaxing episode…

On 29 October 2020, the South African Reserve Bank (SARB) published Exchange Control Circular No. 15/2020 (Circular) titled “Reclassification of inward listed debt and derivative instruments as well as exchange traded funds referencing foreign assets”.

How far is too far? Considering the exercise of the court’s inherent powers in the face of statutory provisions
27 November 2020 Business Rescue, Restructuring & Insolvency

How far is too far? Considering the exercise of the court’s inherent powers in the face of statutory provisions

In the recent SCA judgment of Knoop and Another NNO v Gupta (No 1) (115/2020) [2020] ZASCA 149 (19 November 2020) the court had to consider not only the main issue on appeal which was the appeal against a judgment in the High Court ordering for the removal of two business rescue practitioners of two unbanked companies, Islandsite Investments One Hundred and Eighty (Pty) Ltd (Islandsite) and Confident Concept (Pty) Ltd (Confident Concept), but also the issue of the suspension of the execution order and whether or not this was to be upheld despite the High Court’s direction to execute immediately.

Victory in the SCA for two brothers after a gruelling struggle for their birthright
26 November 2020 Pro Bono & Human Rights

Victory in the SCA for two brothers after a gruelling struggle for their birthright

In a satisfying victory for our Pro Bono & Human Rights Practice, on Wednesday 25 November, the Supreme Court of Appeal (the SCA) resoundingly dismissed the Department of Home Affairs (DHA) appeal against the judgment of the Gauteng High Court in the matter of the Minister of Home Affairs and Others v Jose and Another (169/2020 [2020] ZASCA 152 (25 November 2020). The High Court had found in the brothers’ favour and ordered the Minister to grant them citizenship within 10 days of its order.

SCA declares the 2017 Preferential Procurement Regulations as invalid
25 November 2020 Corporate & Commercial

SCA declares the 2017 Preferential Procurement Regulations as invalid

In the case of Afribusiness NPC V The Minister of Finance (Case no 1050/2019) [2020] ZASCA 140, the Supreme Court of Appeal (SCA) declared as invalid and set aside the Preferential Procurement Regulations of 2017 (2017 Regulations) gazetted by the Minister of Finance (Minister) in 2017 under section 5 of the Preferential Procurement Policy Framework Act of 2005 (Framework Act).

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Relaxation of exchange controls: A not so relaxing episode…
27 November 2020 Tax & Exchange Control

Relaxation of exchange controls: A not so relaxing episode…

On 29 October 2020, the South African Reserve Bank (SARB) published Exchange Control Circular No. 15/2020 (Circular) titled “Reclassification of inward listed debt and derivative instruments as well as exchange traded funds referencing foreign assets”.

How far is too far? Considering the exercise of the court’s inherent powers in the face of statutory provisions
27 November 2020 Business Rescue, Restructuring & Insolvency

How far is too far? Considering the exercise of the court’s inherent powers in the face of statutory provisions

In the recent SCA judgment of Knoop and Another NNO v Gupta (No 1) (115/2020) [2020] ZASCA 149 (19 November 2020) the court had to consider not only the main issue on appeal which was the appeal against a judgment in the High Court ordering for the removal of two business rescue practitioners of two unbanked companies, Islandsite Investments One Hundred and Eighty (Pty) Ltd (Islandsite) and Confident Concept (Pty) Ltd (Confident Concept), but also the issue of the suspension of the execution order and whether or not this was to be upheld despite the High Court’s direction to execute immediately.

Victory in the SCA for two brothers after a gruelling struggle for their birthright
26 November 2020 Pro Bono & Human Rights

Victory in the SCA for two brothers after a gruelling struggle for their birthright

In a satisfying victory for our Pro Bono & Human Rights Practice, on Wednesday 25 November, the Supreme Court of Appeal (the SCA) resoundingly dismissed the Department of Home Affairs (DHA) appeal against the judgment of the Gauteng High Court in the matter of the Minister of Home Affairs and Others v Jose and Another (169/2020 [2020] ZASCA 152 (25 November 2020). The High Court had found in the brothers’ favour and ordered the Minister to grant them citizenship within 10 days of its order.

SCA declares the 2017 Preferential Procurement Regulations as invalid
25 November 2020 Corporate & Commercial

SCA declares the 2017 Preferential Procurement Regulations as invalid

In the case of Afribusiness NPC V The Minister of Finance (Case no 1050/2019) [2020] ZASCA 140, the Supreme Court of Appeal (SCA) declared as invalid and set aside the Preferential Procurement Regulations of 2017 (2017 Regulations) gazetted by the Minister of Finance (Minister) in 2017 under section 5 of the Preferential Procurement Policy Framework Act of 2005 (Framework Act).

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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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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.

COSATU Nationwide Strike
7 October 2020 Employment Law

COSATU Nationwide Strike

Hugo Pienaar, Director in the Employment Law practice joined CNBC Africa to discuss the federation union's strike on 7 October 2020. He unpacks the legislative framework and the impact of the strike.

Cannabis for Private Purposes Bill
2 October 2020 Dispute Resolution

Cannabis for Private Purposes Bill

Andrew MacPherson, Senior Associate in the Dispute Resolution practice featured in a panel interview on Business Day TV. He discusses the Cannabis for Private Purposes Bill and the recent landmark court judgment regarding the private consumption and cultivation of cannabis.

How well do women fare in the South African labour market
14 August 2020 Employment Law

How well do women fare in the South African labour market

Employment Director Fiona Leppan joined Newzroom Afrika to take a look at whether South African employers are being sufficiently receptive to the additional burden of family responsibility that has been introduced to women working at home during lockdown.

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Disabilities in the workplace and POPIA
23 November 2020 Employment Law

Disabilities in the workplace and POPIA

Unfair discrimination against persons with disabilities is prohibited both in terms of the Constitution as well as the Employment Equity Act. The purpose of the Employment Equity Act is to promote equity and diversity in the workplace.

Working remotely and drinking on the job
10 November 2020 Employment Law

Working remotely and drinking on the job

Employment Law Director Gillian Lumb joined Lunch with Pippa Hudson on Cape Talk to discuss remote working during the lockdown including the legalities around the consumption of alcohol while working from home.

Key aspects from the mid-term budget policy speech
6 November 2020 Tax & Exchange Control

Key aspects from the mid-term budget policy speech

Louis Botha, Senior Associate in the Tax & Exchange Control practice joined Benito Vergotine on Smile FM to discuss key aspects from the mid-term budget policy speech (MTBPS), that took place on 28 October 2020.

SARS’ decision to audit
22 October 2020 Tax & Exchange Control

SARS’ decision to audit

Tax & Exchange Control Associate Louise Kotze joined Channel Africa to look at SARS’ decision to audit and whether or not it can be taken on review