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Arbitrators may not hear legality reviews

Photo of Jeffrey KronBy Jeffrey Kron on Posted in General
This blog was co-authored with Felix Le Roux, Candidate Attorney In a May 2023 judgment, the Pretoria High Court held that arbitrators are precluded from hearing reviews which are brought under the principle of legality. The Independent Development Trust (IDT), an organ of state, and Bakhi Design Studio (Bakhi) concluded various procurement contracts for the … Continue reading

Beneficial ownership register requirements for trustees need immediate attention

Photo of Amber KardamilakisPhoto of Caitlin GardinerBy Amber Kardamilakis and Caitlin Gardiner on Posted in Finance, General
In response to South Africa’s greylisting, the South African government implemented the General Laws (Anti Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 to amend four different acts, one of which was the Trust Property Control Act, 1988. Amendments to the Trust Property Control Act introduce additional administrative and disclosure duties on trustees when … Continue reading

Special Tribunal is not a court but may adjudicate legality reviews

Photo of Jeffrey KronBy Jeffrey Kron on Posted in General
This blog was co-authored with Felix Le Roux, Candidate Attorney On 10 March 2023 the Constitutional Court held that the Special Tribunal, established in terms of section 2(1)(b) of the Special Investigating Units and Special Tribunals Act, 1996 (the SIU Act) to adjudicate civil proceedings emanating from an investigation by the Special Investigating Unit (SIU), … Continue reading

Don’t Forget to Renew Overtime Clauses

Photo of Jason WhyteBy Jason Whyte and Stacy Smit on Posted in General, Uncategorized
In February 2023 the Labour Court delivered judgment in a review of an arbitration award of the CCMA. The employees concerned were charged and dismissed for gross insubordination when they refused to obey the instruction of their manager to work overtime. The CCMA found the dismissals to be substantively fair. During evidence at the arbitration, … Continue reading

A settlement concluded in full and final settlement of all matters means just that

Photo of Patrick Bracher (ZA)By Patrick Bracher (ZA) on Posted in General
A February 2023 Labour Appeal Court judgment interpreted a settlement agreement that agreed to the “full and final settlement of all matters between” the parties and “in full and final settlement of all and any claims which the parties may have against each other”.  The employer and employee were parties to an employment agreement that … Continue reading

Unfair delays lead to doctor’s permanent stay of disciplinary proceedings

Photo of Deniro Pillay (ZA)Photo of Jenny GovenderBy Deniro Pillay (ZA) and Jenny Govender on Posted in General
In the judgment of Aslam v President: Health Professions Council and Others (3 April 2023), the court decided to permanently set aside disciplinary proceedings and to prevent The Medical and Dental Professions Board of the Health Professions Council of South Africa (HPCSA) from taking any further disciplinary measures relating to a complaint of unprofessional conduct … Continue reading

Where parties reach a settlement it puts an end to dispute and any litigation

Photo of Patrick Bracher (ZA)By Patrick Bracher (ZA) on Posted in General, Insurance
The essence of a compromise (settlement) is the final settlement of disputed or uncertain rights or obligations by agreement between the disputing parties. Unless the settlement provides otherwise, it extinguishes the disputed rights or obligations. Where there is litigation, the purpose of a compromise is to prevent or put an end to the litigation. It … Continue reading

Trustees’ money laundering reporting obligations under the amended Trust Property Control Act

Photo of Patrick Bracher (ZA)By Patrick Bracher (ZA) on Posted in General
This blog was co-authored with Michael McCarthy, Candidate Attorney In response to the now-implemented threat of greylisting, South Africa enacted the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022. The following amendments to the Trust Property Control Act, 1998 became operational with effect from 1 April 2023. Every trustee needs to understand … Continue reading

SCA ruling on Covid-19 rental remissions

Photo of Daniel BreierBy Daniel Breier on Posted in Drafting tips, General
In April 2023 the Supreme Court of Appeal confirmed that a tenant may claim a remission of rental where vis major interferes with the tenant’s beneficial use and enjoyment of the property, unless the terms of the lease provide otherwise. However, if the premises are sub-let there will be no interference with the head tenant’s … Continue reading

Constitutional Court clarifies the use of replacement labour during strikes and lock-outs

Photo of Jason WhytePhoto of Heidi DavisBy Jason Whyte and Heidi Davis on Posted in General
On 18 April 2023, the Constitutional Court found that replacement labour may only be used for the duration of strike action and not during a lock-out, even in instances where a lock-out notice was delivered before the strike had ended. Following unsuccessful claims in both the Labour Court and Labour Appeal Court, the union applied … Continue reading

ESG: a shift in focus

Photo of Steve ChemalyPhoto of Angela PaschalidesBy Steve Chemaly and Angela Paschalides on Posted in General
The social aspect of environmental, social and governance (ESG) is an essential component of a sustainable business practice providing sustainability, and perhaps it is even more important than the environmental aspect. This article focuses on the ‘S’ in ESG, and its importance in South Africa. The adoption and implementation of ESG practices has become increasingly … Continue reading

Neither a borrower nor a lender be – the case of an unregistered credit provider

Financial Institutions Legal SnapshotBy Boitumelo Ramokgopa on Posted in General
In early 2015, the Borrower approached his long-standing friend to borrow money which totalled R2.5 million. The money was lent to him in five unequal instalments. The Borrower drew up an acknowledgement of debt (first AOD) which covered the first two advances in the amount R1.2 million. A second acknowledgement of debt (second AOD) was … Continue reading

Historical knowledge insufficient to enforce an anticipatory breach of restraint of trade

Photo of Verushka ReddyBy Verushka Reddy on Posted in General
This blog was co-authored by: Muhammad Mirza, Trainee Associate On 20 February 2023, the Labour Court found that historical knowledge and information obtained by an employee during her employment with her former employer, did not constitute trade secrets or a protectable interest. The former employee (employee) was therefore free to work for the applicant’s competitor. … Continue reading

Six things to know about recent Competition Law enforcement in Africa

Photo of Marianne Wagener (ZA)Photo of Candice UpfoldBy Marianne Wagener (ZA) and Candice Upfold on 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

Photo of Liesl WilliamsBy Liesl Williams on 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

Photo of Christina PretoriusPhoto of Zinhle MdluliBy Christina Pretorius and Zinhle Mdluli on 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

Financial Institutions Legal SnapshotPhoto of Verushka ReddyBy Michael Balie and Verushka Reddy on 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

Photo of Rosalind Lake (ZA)By Rosalind Lake (ZA) on 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

Photo of Verushka ReddyPhoto of Zaid MajietBy Verushka Reddy and Zaid Majiet on 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

Photo of Liesl WilliamsBy Liesl Williams on 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
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