Topic: General

Six things to know about recent Competition Law enforcement in Africa

By Marianne Wagener (ZA) and Candice Upfold on March 23, 2023 Posted in General

Competition Regulators across Africa are increasingly investigating and prosecuting companies involved in contraventions of competition legislation. Compliance with the various regulatory regimes can be challenging but can be managed. Here are six things to know about recent Competition Law enforcement in Africa: 1. Tanzania: Even less than 10% shareholding acquisition could trigger merger notification On … Continue reading

NPOs engaged in cross-border activities must register with Department of Social Development

By Liesl Williams on March 22, 2023 Posted in General

The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 effected changes to the Non-profit Organisations Act. Previously, registration by a non-profit with the NPO Directorate within the Department of Social Development was voluntary. With effect from 1 April 2023, non-profit organisations that make donations to individuals or organisations outside South Africa or … Continue reading

The constitutional and legal requirements when assigning contracts with organs of state

By Christina Pretorius and Zinhle Mdluli on March 10, 2023 Posted in General

Breaking up with organs of state: It’s not you, it’s the treasury instruction. In instances where companies have entered into long-term or existing perpetual contracts with an organ of state, a commercial need to assign such contract may arise. Assigning state contracts to another party is a complex matter that requires careful consideration of legal … Continue reading

Bending the CCMA Rules

By Michael Balie and Verushka Reddy on March 3, 2023 Posted in General

This blog was co-authored by: Jessica Blunden, Candidate Attorney Aimed at regulating proceedings in the Commission for Conciliation, Mediation and Arbitration (CCMA), the CCMA Rules serve a vital function. However, in the recent judgment of the Labour Court, the Labour Court declined to uphold the enforcement of the CCMA’s rule regarding objections to the con/arb … Continue reading

Anti-competitive information exchange among competitors: Final Guidelines issued

By Rosalind Lake (ZA) on March 3, 2023 Posted in General

This blog was co-authored by: James Donald, Trainee Associate On 27 January 2023, the Competition Commission published its Final Guidelines on the Exchange of Competitively Sensitive Information between Competitors under the Competition Act. The Guidelines are not binding but will be taken into consideration in determining administrative penalties. The guidelines are available here. Exchange of … Continue reading

Changes to BCEA Earnings Threshold and to National Minimum Wage Act from 1 March 2023

By Verushka Reddy and Zaid Majiet on March 1, 2023 Posted in General

The Minister of Labour has determined that from 1 March 2023, the earnings threshold under the Basic Conditions of Employment Act, 1997 increased from R224 080.48 per annum (approximately R18 673.37 per month) to R241 110.59 per annum (approximately R20 092.55 per month). The national minimum wage increased from R23.19 per hour to R25.42 for … Continue reading

Section 18A tax certificates must disclose more information

By Liesl Williams on February 28, 2023 Posted in General

As from 1 March 2023 a section 18A certificate issued to a charitable donor will have to display additional information. In terms of a Government Gazette notice published on 24 February 2023, the SARS Commissioner has exercised the right under section 18A(2)(a)(vii) of the Income Tax Act to prescribe further requirements for these certificates. The … Continue reading

Prescribed rate of interest is 10.75% from 1 March 2023

By Patrick Bracher (ZA) on February 28, 2023 Posted in General

The prescribed rate of interest is 10.75% per annum with effect from 1 March 2023. The previous rate was 10.5% per annum. According to the Prescribed Rate of Interest Act, interest on debts where no rate is prescribed is calculated at the repo rate plus 3.5%. The prescribed rate of interest applies to all debts … Continue reading

South Africa’s grey-listing: what it means, how did we get here and what are the effects?

By Desiree Reddy (ZA) and Sabeeha Kathrada on February 25, 2023 Posted in General

In an unfortunate, but expected turn of events, global money-laundering and terrorist-financing watchdog – the Financial Action Task Force (FATF) – announced on Friday 24 February that it has added South Africa to its “grey” list – as a jurisdiction under increased monitoring. What does this mean, how did we get here, and how does … Continue reading

Some important principles of arbitrations and appeal arbitrations

By Patrick Bracher (ZA) on February 23, 2023 Posted in General

The Supreme Court of Appeal has reaffirmed some important principles about arbitrations. An arbitrator ‘has the right to be wrong’ on the merits of the case and being wrong does not mean that the arbitrator misconceived the nature of the enquiry. Secondly, an arbitrator only has the powers afforded to them in terms of the … Continue reading

South Africa’s National Budget Speech 2023: Navigating an uneven economic recovery

By Dale Cridlan on February 22, 2023 Posted in General

The Minister of Finance, Mr Enoch Godongwana presented his National Budget Speech to the Members of the National Assembly this afternoon. The National Budget Review notes that South Africa is prioritising stable and clear policies so as to promote economic growth in the midst of an uncertain economic outlook. GDP is expected to grow by … Continue reading

The tussle between non-payment of contributions and the application of prescription

By Amina Yuda on February 21, 2023 Posted in General

In 2022, in a decision handed down by the KwaZulu Natal High Court, held in Pietermaritzburg it was made clear that the failure by a pension fund to timeously collect arrear pension contributions from recalcitrant employers, will result in the fund not having a claim against the employer where the defence of prescription is raised … Continue reading

Doing good doesn’t always entitle an NPO to tax benefits

By Liesl Williams and Dale Cridlan on February 17, 2023 Posted in General

Tax exempt status may be awarded to a non-profit organisation (NPO) that solely or primarily undertakes public benefit activities with a philanthropic or altruistic intent. An NPO that has been granted tax exempt status (commonly referred to as a public benefit organisation or PBO) is generally exempt from income tax. Certain approved PBOs may also … Continue reading

Transnet Freight Rail: privatisation programme endorsed in SONA and accelerates as rail system collapses

By Malcolm Hartwell on February 11, 2023 Posted in General

Transnet Freight Rail’s (TFR) recent invitation for tenders to operate a 20 year lease on South Africa’s busiest rail corridor from Gauteng to Durban reflects the implementation of the White Paper on National Rail Policy approved by cabinet in 2022. This move indicates that TFR accept that they do not have the capacity or finances … Continue reading

UK Supreme Court finds doctor not liable for losses falling outside of her duty of care

By Lisa Kriegler on February 7, 2023 Posted in General, Healthcare

The claimant, a mother of a child with haemophilia and autism, had, prior to her pregnancy, consulted with her GP to determine whether she carried the gene for haemophilia. The doctor negligently led her to believe that she did not carry this gene, and as a result, she was led to believe that she could … Continue reading

Majority shareholder has no legal standing to protect its purely financial interests against third parties

By Patrick Bracher (ZA) on February 6, 2023 Posted in General

The Supreme Court of Appeal refused to grant legal standing to a 64% shareholder of a company that challenged the decision of the North West Gambling Board in relation to the licence held by the company. Something more than a pure financial interest is required where a shareholder seeks to assert rights that correctly belong … Continue reading

RAF CEO and Board ordered to pay costs out of their own pockets for frustrating the judicial process

By Paulette Khumalo on February 2, 2023 Posted in General

The Mpumalanga High Court handed down a ground-breaking judgment on 24 January 2023 in which the court ordered costs de bonis propriis (paid out of their own pockets) against the CEO and the Board of the Road Accident Fund (RAF). The order was based on the conduct of the Board and the CEO conduct which, … Continue reading

Beware of Accidental Cyber Coverage

By Keaoleboga Molefe on February 1, 2023 Posted in General

A US appeals court reversed a judgment of the lower court which had declined to read-in cyber coverage in a commercial general liability policy. The insured operated retail properties and took out a commercial general liability policy (“the CGL Policy”) with the insurer. During the periods of May 2014 and December 2015 the insured’s credit … Continue reading

South Africa: new rules for advertising crypto asset

By Nerushka Bowan on January 30, 2023 Posted in General

The South African self-regulatory body, the Advertising Regulatory Board (ARB) updated its Code of Advertising Practice to include a new section dealing with crypto assets (Clause 17 in Section III). Crypto asset advertisements must: Crypto asset advertisements should not: The aim of these rules are to prevent consumers from being misled when dealing with crypto … Continue reading

Prescribed rate of interest is 10.5% from 1 January 2023

By Patrick Bracher (ZA) on January 25, 2023 Posted in General

The prescribed rate of interest changed with effect from 1 January 2023 to 10.5% per annum. The previous rate was 9.75% per annum. According to the Prescribed Rate of Interest Act, interest on debts where no rate is prescribed is calculated at the repo rate plus 3.5%. The prescribed rate of interest applies to all … Continue reading

The Big Read Book Volume 10 – Presenting your evidence in the small claims court

By Donald Dinnie on January 25, 2023 Posted in General

The initiative to establish the Small Claims Court began in the early 1980’s. The result of the Hoexter Commission of Enquiry was the passing of the Small Claims Court Act in 1984. The Small Claims Courts are designed to settle small civil claims (currently the monetary claim limit is R20 000.00) in an informal and … Continue reading

Important amendments to the Trust Property Control Act

By Amber Kardamilakis and Susan Bisset on January 24, 2023 Posted in General

The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 (Amendment Act), published in the Government Gazette on 29 December 2022, makes key amendments to the Trust Property Control Act, 1988. Most of these amendments will take effect on 1 April 2023. It is important for trustees to familiarise themselves with the Amendment … Continue reading

Ruling on conveyancer’s liability for cyber fraud losses

By Daniel Breier on January 18, 2023 Posted in General

On 16 January 2023, the Gauteng High Court ruled that a conveyancing attorney had a legal duty towards a property purchaser to implement adequate precautions and provide adequate warnings to protect the purchaser against her own email accounts being compromised by cyber fraud and was liable in delict for the purchaser’s loss for failing to … Continue reading

Can an amendment of quantum be considered a reopening of the issues?

By Keaoleboga Molefe on December 13, 2022 Posted in General

The Western Cape High Court erroneously held in Oliver NO v MEC for Health Western Cape and City of Cape Town that the deceased plaintiff’s non-pecuniary claim for general damages did not transfer to her estate as the matter had not reached litis contestatio (close of pleadings) because the summons had been amended to increase … Continue reading