Legal Trends 2021

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Revisions to Crisa align with growing interest in ESG investment
Revisions to Crisa align with growing interest in ESG investment

Environmental, social and governance (ESG) integration in the corporate decision-making process is gathering momentum around the world...

By Giles White, Elodie Maume, Madelein Burger, Zelda Swanepoel & Kent Davis 1 hour ago

Labour department acts against Queenstown factory where worker's hand was severed
Labour department acts against Queenstown factory where worker's hand was severed

The Department of Employment and Labour has taken action against Queenstown food company Truda Foods where a worker's hand was severed by a machine last week...

By Joseph Chirume 20 hours ago

#BizTrends2021: 3 wide-ranging issues demanding legal attention this year
#BizTrends2021: 3 wide-ranging issues demanding legal attention this year

Webber Wentzel sees three broad themes emerging in South Africa in 2021, which will require extensive input from the legal profession. These are: changes to the economy and regulation prompted by Covid-19; moves by government and the private sector to stimulate economic recovery; and a greater focus on corporate responsibility and consumer protection.

By Jonathan Veeran, Nozipho Mngomezulu and Burton Phillips 1 day ago

Are SA employers allowed to implement a compulsory Covid-19 vaccine policy? (Part 2)
Are SA employers allowed to implement a compulsory Covid-19 vaccine policy? (Part 2)

In Part 1 of this article, we looked at the legalities of mandatory Covid-19 vaccine policies. Here, we consider whether compulsory testing of employees for the coronavirus is allowed...

By Jason Whyte 1 day ago

Restaurant managers arrested for selling alcohol
Restaurant managers arrested for selling alcohol

Gauteng police have confirmed the arrest of three managers of popular restaurants in Sandton and Silverton for selling liquor to patrons, in contravention to the Disaster Management Act and Covid-19 level three lockdown regulations...

2 days ago

High Court judgment limits diesel refund claims for mining activities
High Court judgment limits diesel refund claims for mining activities

The recent High Court judgment Graspan Colliery v The Commissioner for the South African Revenue Services [2020] could have significant implications for mining operators and their ability to claim diesel refunds...

By Prenisha Govender 3 days ago

Are SA employers allowed to implement a compulsory Covid-19 vaccine policy? (Part 1)
Are SA employers allowed to implement a compulsory Covid-19 vaccine policy? (Part 1)

In response to the Covid-19 pandemic, global efforts have successfully developed both expedited means of testing for the virus and, more recently, vaccines...

By Jason Whyte 15 Jan 2021

New competition and service guidelines for the Automotive Aftermarket
New competition and service guidelines for the Automotive Aftermarket

In December 2020, the Competition Commission issued the final Guidelines for Competition in the South African Automotive Aftermarket effective as of 1 July 2021. The Guidelines seek to address the constraints to competition in the Automotive Aftermarket Industry...

By Bobedi Seleke 15 Jan 2021

Appointments to strengthen the NPA
Appointments to strengthen the NPA

President Cyril Ramaphosa has made four senior appointments in the National Prosecuting Authority (NPA)...

15 Jan 2021

Information Regulator engages Facebook SA over privacy policy
Information Regulator engages Facebook SA over privacy policy

South Africa's Information Regulator met Facebook South Africa this week to discuss its revised WhatsApp privacy policy...

14 Jan 2021

What parents need to know before buying back-to-school goods
What parents need to know before buying back-to-school goods

As schools are set to re-open for the 2021 academic year, the Competition Commission urges institutions and parents to observe the circular on "Procurement of School Uniform and other Learning-Related Goods and Services"...

14 Jan 2021

4 reasons a business should consider franchising
4 reasons a business should consider franchising

Over the last couple of years, we have seen a sharp increase in mergers, acquisitions, joint ventures and other forms of collaboration between entities, as owners scramble to expand, innovate and increase their overall competitive advantage in highly saturated markets...

By Seani Ramabulana 14 Jan 2021

What you should know about the amended South African Exchange Control Rules
What you should know about the amended South African Exchange Control Rules

On 4 January 2021, the South African Reserve Bank released Exchange Control Circular No. 1/2021 which provides for the long-awaited relaxation of the South African exchange control rules relating to "loop" structures and investments...

By Cor Kraamwinkel, Keith Veitch and Sean Franken 13 Jan 2021

Dismissed without an enquiry? When is it legal...
Dismissed without an enquiry? When is it legal...

Labour relations and the fairness standards for dismissal of an employee in South Africa have long been centred around the formality of disciplinary or incapacity enquiry processes, and the tradition of the usage of these processes has built up an expectation that they are mandatory...

By Bradley Workman-Davies 13 Jan 2021

Digital signature on an Offer to Purchase - is it legally valid?
Digital signature on an Offer to Purchase - is it legally valid?

Electronic signatures have been a relevant and current topic of conversation, with the legal stance on the validity of such signatures within the context of property sale agreements being clear up until recently...

By Leigh-Anne Kriel 12 Jan 2021

How to manage retrenchments in turbulent times
How to manage retrenchments in turbulent times

During the lockdown period from May to June 2020, the CCMA received 28,000 retrenchment cases. While we can expect these numbers to drop with the easing of lockdown regulations, it is imperative that organisations clearly understand the retrenchment procedure and how to ensure both employee and business are protected...

11 Jan 2021

Telkom withdraws part of spectrum court application against ICASA
Telkom withdraws part of spectrum court application against ICASA

Telkom has withdrawn Part A of its court application against the Independent Communications Authority of South Africa (ICASA). This was announced recently in a statement by the regulatory body...

11 Jan 2021

#BizTrends2021: The post-pandemic workplace - a look at key trends
#BizTrends2021: The post-pandemic workplace - a look at key trends

Putting the brakes on business travel and physical offices due to tech transformation...

By Johan Botes 11 Jan 2021

SAB to challenge third alcohol ban in court
SAB to challenge third alcohol ban in court

SAB supports measured alcohol restrictions, but will approach the courts on the constitutionality of the 3rd alcohol ban, which came into effect when South Africa moved to an adjusted Level 3 lockdown...

7 Jan 2021

Dr Albertus Marais
#BizTrends2021: 'Wealth tax' unlikely to be government policy in near future as pressure on tax base mounts

Looking back at 2020, the most significant development on the tax front must certainly have been government's tax relief measures aimed at helping businesses mitigate the impact of the Covid-19 pandemic...

By Albertus Marais 6 Jan 2021

#BizTrends2021: Key industry group trends in post-pandemic Africa
#BizTrends2021: Key industry group trends in post-pandemic Africa

In the midst of the planetary emergency of climate change, Covid-19 is testing modern civilisation's preparedness for shocks, across the spheres of finance, economics and technology; global, national and regional governance; global and population health; social cohesion and food security. This is according to Baker McKenzie's new report, Unprecedented: Converging Crises...

By Wildu du Plessis 6 Jan 2021

Kenyan coastal community beats lead polluter in court
Kenyan coastal community beats lead polluter in court

It was touted locally as one of the biggest campaigns of the decade when, in 2016, Kenyan environmentalist Phyllis Omido took up the fight against lead poisoning by a lead-acid batteries recycling smelter...

By Christabel Ligami 31 Dec 2020

Luitingh and Associates appeals to creditors to join MTI liquidation application
Luitingh and Associates appeals to creditors to join MTI liquidation application

The appeal comes at a time when two high court applications for the liquidation of MTI were filed by investors unable to withdraw funds...

28 Dec 2020

Why human rights institutions could be the key to protection of refugee rights
Why human rights institutions could be the key to protection of refugee rights

In her doctoral thesis, Dr Vivian John-Langba identified national human rights institutions as one of the institutions through which effective promotion and protection of refugee rights can occur...

23 Dec 2020

Judge Desai appointed as legal services ombud
Judge Desai appointed as legal services ombud

President Cyril Ramaphosa has appointed recently retired Judge Sirajudien Desai as the legal services ombud in terms of Section 47 of the Legal Practice Act No. 28 of 2014...

22 Dec 2020

SABC lift replacement contract set aside
SABC lift replacement contract set aside

The Special Investigating Unit (SIU) has welcomed a high court ruling setting aside an SABC lift replacement contract after finding it to be unlawful and invalid...

21 Dec 2020

Sars welcomes ConCourt taxpayer information ruling
Sars welcomes ConCourt taxpayer information ruling

South African Revenue Service (Sars) Commissioner, Edward Kieswetter, has welcomed the unanimous judgment of the Constitutional Court confirming the revenue collector's right to withhold taxpayer information...

21 Dec 2020

The court is a guardian, not a nanny
The court is a guardian, not a nanny

The Broadcasting Electronic Media and Allied Workers' Union (Bemawu) recently launched an urgent application in the Labour Court interdicting the South African Broadcasting Corporation (SOC) Ltd (SABC) from proceeding with retrenchment processes and forcing the SABC to adhere to fair consultation processes [Bemawu & Others v SABC & Others, in the Labour Court of South Africa, Johannesburg, Case Number J1199/20].

By Lloyd Abraham and Toka Moiloa 18 Dec 2020

Court judgment provides clarity on land claim evaluation process
Court judgment provides clarity on land claim evaluation process

In a Land Claims Court judgment on 19 October 2020, Judge Spilg established a precedent for evaluating land claims that places the onus on the Land Claims Commission to ensure that the land intended to be described on the land claim form, and not what was written, is the claim that is investigated...

By Samantha Robb 17 Dec 2020



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