Department releases draft code of good practice on equal pay

The rights of access to information and freedom of expression vs the right to privacy: The minority’s view made major

In last week’s Tax and Exchange Control Alert we discussed the Constitutional Court’s (CC) majority judgment in Arena Holdings (Pty) Ltd t/a Financial Mail and Others v South African Revenue Service and Others ZACC 13 which was handed down on 30 May 2023. This week we take a closer look at the minority judgment. The minority held that the High Court’s order to declare sections 35 and 46 of the Promotion of Access to Information Act 2 of 2000 (PAIA) and sections 67 and 69 the Tax Administration Act 28 of 2011 (TAA) unconstitutional to the extent that they preclude access to tax records by a person other than the taxpayer, evenwhere the requirements of, the “ public interest override ” are met, should not be confirmed.

Digging deeper: SCA prospecting for solutions in financially distressed group of companies

In a recent ruling, the Supreme Court of Appeal (SCA) upheld the judgment of the Mpumalanga High Court in a long-standing dispute between Arqomanzi (Pty) Limited (Arqomanzi) and the appellants, Vantage Goldfields SA (Pty) Ltd and Vantage Goldfields Ltd. The case centered around the business rescue proceedings of certain companies in the Vantage group of companies, which faced financial distress following a tragic mining accident at one of its mines.

Missed opportunities: The implications of squandering a disciplinary hearing

In employer-employee workplace tales, a person decrying unfair termination is a common scenario. But what about the instances where the employee had a chance to tell their side of the story in a disciplinary hearing, but they let it slip away? This is the story in the case of Okun v Kenyatta University (Cause 363 of 2019) where the employee sought a declaration from the court that his employment was terminated unfairly. The twist is that the employer had extended two invitations to the employee to appear before a disciplinary committee, which were postponed at the request of the employee. Thereafter, it sent a third invitation which the employee refused to honour entirely. What is the implication of squandering the termination process in thisway? 

Mental Health in the workplace: Constructive dismissal based on mental ill health?

In the post covid landscape there has been a warranted increased awareness on mental health in the workplace. In Sanlam Life Insurance Ltd v Mogomatsi and Others (CA 12/2022) , the Labour Appeal Court (LAC) considered the interplay between a claim for constructive dismissal and mental health.

From Crisis to Opportunity: Harnessing African Investment through Restructuring

What constitutes “special circumstances” in an application to the Supreme Court of Appeal, for special leave to appeal

Section 17(3) read with section 16(1)(b) of the Superior Courts Act 10 of 2013 provides for an application for special leave to appeal to the Supreme Court of Appeal (SCA). According to the SCA, special circumstances may arise if the appeal deals with a substantial point of law, or the matter is of great importance to the parties or the public, or where the prospects of success on appeal are so strong that the refusal to grant leave to appeal would result in a denial of justice for the party seeking leave to appeal.