The Financial Intelligence Centre (FIC) published a notice in March 2020 indicating that there will be no relaxation of obligations under the Financial Intelligence Centre Act 2001 (FICA) during the nationwide lockdown. A robust money-laundering policy ought to form an integral part of any company’s compliance program. Business’s compliance functions must operate effectively, even if
May 2020
COVID-19 guaranteed loan scheme for businesses with an annual turnover of less than R300 million


In a further initiative to combat the economic fallout of the COVID-19 pandemic, the state, in collaboration with the banking sector and the South African Reserve Bank (SARB) has announced a R100 billion loan scheme to assist ailing small and medium-sized businesses (SMMEs).
On 12 May 2020 National Treasury, the SARB and the Banking Association…
International Financing Institutions’ loans available to government and private companies as relief from COVID-19



In his address on 21 April 2020, President Cyril Ramaphosa announced that government will be approaching international finance institutions such as the International Monetary Fund, the World Bank, the BRICS New Development Bank and the African Development Bank to help fund the R500 billion COVID-19 economic relief package that will be provided by government.
International…
e-Commerce directions: Key measures for retailers, customers and courier and delivery service personnel

From 14 May 2020, the sale of all goods on e-Commerce platforms, with the exception of alcohol and tobacco products, are allowed. However, in terms of the new Alert Level 4 e-Commerce directions, retailers, delivery services and customers are required to observe strict protocols at all stages of the transaction.
Below are the key measures…
10 things to know about OTC derivative provider licences in South Africa

South Africa has supported the G20’s efforts to reduce the risk posed by over-the-counter (OTC) derivatives, and has put in place a regulatory framework for the licensing of OTC providers that originate, issue, sell or make a market in OTC derivatives. The Financial Markets Act 2002 prescribes criteria for the authorisation of OTC derivative providers.…
Understanding the ranking of creditors within the liquidation process


The number of liquidations and sequestrations will, unfortunately, increase due to the COVID-19 pandemic. Preference shareholders with unsecured loans and third party unsecured creditors must be aware of the ranking of unsecured creditors’ claims in the liquidation process. This note specifically focuses on the unsecured loan given by a preference shareholder and not the ranking…
Referral of an unfair dismissal dispute v an automatically unfair dismissal dispute – does it matter?


It is the unfairness of a dismissal that is referred to conciliation, and not the reason for the dismissal. In resolving unfair dismissal disputes, the courts will look at substance over form.
The court in Association of Mineworkers and Construction Union v Ngululu Bulk Carriers (Pty) Limited (in liquidation) and Others found that where AMCU…
Relaxation of regulations for the property sector
Under Alert Level 4, people can move house, the deeds office will soon reopen, and municipalities will resume functions, including the issuing of clearance certificates and meter reading.
On 7 May 2020 separate directions in terms of the Disaster Management Act relating to Municipal Governance operations and the movement of persons and goods were issued.…
Risk assessments for corporate donations


Charity contributions, sponsorships and donations often form an integral part of a company’s social responsibility initiatives. The generosity of companies making donations not only support the company in reaching its internal social responsibility targets, but also spark corporate morale and boosts a company’s public image.
One of the positive sides of society’s reaction to the…
Director’s disclosure of personal financial interests – What happens when you don’t walk away from the table?
A director of a company who has a personal financial interest, or knows that a related person has a personal financial interest, in a matter to be considered at a board meeting must disclose that interest and any other material information relating to the matter before it is discussed at the board meeting (section 75…