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Climate change emerging as a legal liability risk for lenders in SA
Climate change emerging as a legal liability risk for lenders in SA

Legal liability for climate change is an emerging risk for lenders in South Africa - a risk that is by no means limited to projects in the fossil fuel industry...

7 Aug 2019

Asylum seekers have to wait a year for an appointment in Port Elizabeth
Asylum seekers have to wait a year for an appointment in Port Elizabeth

Asylum seekers in Port Elizabeth say they fear arrest because they do not have paperwork proving that they have applied for refugee status. This is because the Refugee Reception Office (RRO) is booking appointments for asylum seekers a year in advance...

By Joseph Chirume 7 Aug 2019

Bank of Baroda slapped with R400k fine
Bank of Baroda slapped with R400k fine

The Prudential Authority (PA) has issued the Bank of Baroda a R400,000 administrative sanction for non-compliance with certain provisions of the Financial Intelligence Centre Act (Fica)...

7 Aug 2019

Can parents sue if their child is injured at school?
Can parents sue if their child is injured at school?

Parents send their children to school with a reasonable expectation that they will be as safe as they would be at home, however accidents happen at schools on an alarmingly frequent basis in South Africa...

6 Aug 2019

Department of Labour to conduct inspections in Brits
Department of Labour to conduct inspections in Brits

The farming, wholesale and retail sectors in Brits in the North West will be under the spotlight this week when labour inspectors visit the area...

6 Aug 2019

Retrenchment is not an opportunity to eliminate dead wood
Retrenchment is not an opportunity to eliminate dead wood

With the unemployment rate of economically active South Africans once again rising, and media reports filled with job cuts across industry sectors, companies need to be cognisant of any potential retrenchment mistakes to avoid...

5 Aug 2019

Who owns the copyright to AI... and its creative works?
Who owns the copyright to AI... and its creative works?

An AI algorithm, or more specifically the written code, encompassing both the source code and object code, would be categorised as a "computer program" under South African laws and is protected by the law of copyright...

By Fatima Ameer-Mia and Lee Shacksnovis 5 Aug 2019

#WomensMonth: Diversity and inclusion now an indispensable part of doing business
#WomensMonth: Diversity and inclusion now an indispensable part of doing business

The realisation of true diversity and inclusion is a marathon exercise without any manifest overnight fix - and rightly so because its achievement must be meaningful rather than just quantitative...

By Lerisha Naidu 5 Aug 2019

Oldest sexual abuse case heads to trial this Women's Month
Oldest sexual abuse case heads to trial this Women's Month

The amendment of the Criminal Procedure Act to see sexual offences prosecuted, retrospectively, is set to come to life with what is set to be the oldest sexual abuse case to go to trial in South Africa...

2 Aug 2019

Will the Labour Court enforce an employee claim against a company in business rescue?
Will the Labour Court enforce an employee claim against a company in business rescue?

The Labour Court recently ruled on whether employees may approach said court to enforce a claim against a company under business rescue proceedings...

By Jacques van Wyk 1 Aug 2019

Sasfin Bank sanctioned for non-compliance
Sasfin Bank sanctioned for non-compliance

The Prudential Authority (PA) has imposed administrative sanctions on Sasfin Bank for non-compliance with certain provisions of the Financial Intelligence Centre (FIC) Act...

1 Aug 2019

Legal aspects of financing corporates
Legal aspects of financing corporates

Legal Aspects of Financing Corporates covers the gamut of legal and taxation implications concerning the financing of corporates and will be of great use to postgraduate students in commercial law, corporate advisors, lawyers, in-house counsel, financial institutions and SARS employees...

Issued by LexisNexis 31 Jul 2019

What are the new 'essential services'?
What are the new 'essential services'?

Essential services refer to those services that, if interrupted, would endanger the life, personal safety or health of the whole or any part of the population. Once a service is declared as an essential service, employees working in such services may not engage in strike action...

By Kenneth Coster and Shane Johnson 31 Jul 2019

Key Competition Amendment Act provisions are now in force...
Key Competition Amendment Act provisions are now in force...

A notice was recently published in the Government Gazette, bringing into force some of the provisions of the Competition Amendment Act...

By Lerisha Naidu, Sphesihle Nxumalo and Kirsty Gibson 31 Jul 2019

S12J has a sunset clause. Image source: Getty/Gallo
TLAB impacts on Section 12J tax incentive

The 2019 Draft Taxation Laws Amendment Bill (TLAB) has been released and contains proposed amendments to certain elements to the Section 12J tax incentive...

31 Jul 2019

Industrial users of gas have brought the energy regulator’s methodology under the scrutiny of the courts.
Constitutional Court ruling ushers in new era for energy regulation in South Africa

A recent judgement of South Africa's Constitutional Court involving the country's energy regulator signals a new found willingness by the courts to scrutinise the way regulators set prices and tariffs...

By Stephen Labson 31 Jul 2019

Captive lion breeding in South Africa: the case for a total ban
Captive lion breeding in South Africa: the case for a total ban

A new report by global NGO, World Animal Protection, provides a damning indictment on the captive predator breeding industry.

31 Jul 2019

Paying for your sins - why enforcing tax laws on churches could be problematic
Paying for your sins - why enforcing tax laws on churches could be problematic

The case of self-proclaimed prophet Shepherd Bushiri and his wife, who were arrested by the Hawks earlier this year on charges of fraud and money laundering, has cast the spotlight on tax laws relating to churches and religious institutions, and whether any loopholes that exist are being exploited...

30 Jul 2019

Why dispute resolution mechanisms are a must for creditors
Why dispute resolution mechanisms are a must for creditors

The 2008 Companies Act introduced the concept of business rescue into our company law, where a business rescue practitioner is required to compile a plan which creditors will vote to accept or reject. For the success of the business rescue, the concept of creditor "buy in" is required...

30 Jul 2019

Can you claim if a family member dies in a road accident?
Can you claim if a family member dies in a road accident?

The loss of a loved one due to a road accident is an enormously painful experience and if the person who died was the family's main breadwinner it can also result in financial difficulties for those left behind. However, South Africa's existing legal system takes this into account...

29 Jul 2019

Storm around South Africa's public protector shows robustness, not a crisis
Storm around South Africa's public protector shows robustness, not a crisis

Seemingly effective constitutional institutions can be quickly undermined by the actions of the people who serve in them. If we didn't know that already, the South African Constitutional Court's recent decision in the Reserve Bank case makes the point crystal clear...

By Theunis Roux 29 Jul 2019

Advisory panel releases final land reform report
Advisory panel releases final land reform report

The Presidential Expert Advisory Panel on Land Reform and Agriculture has proposed for the amendment of the Constitution that clarifies that expropriation without compensation may be necessary in limited circumstances...

29 Jul 2019

Victory for miners as high court approves silicosis settlement
Victory for miners as high court approves silicosis settlement

Chairperson of the Portfolio Committee on Mineral Resources, Sahlulele Luzipo, has welcomed the settlement of R5 billion as approved by the Gauteng High Court to former workers who suffered from silicosis after working in the gold mines...

26 Jul 2019

Image source: Getty/Gallo
VAT on foreign electronic services will be hard to collect

The South African Value Added Tax Act Amended Regulations state that foreign suppliers of more than R1m pf "electronic services" over the preceding 12 month period are obliged to register for VAT in South Africa...

26 Jul 2019

Customary Marriages Amendment Bill goes to Parliament
Customary Marriages Amendment Bill goes to Parliament

Cabinet has approved the submission of the Recognition of Customary Marriages Amendment Bill of 2019 to Parliament...

26 Jul 2019

Can unions claim organisational rights after recruiting ineligible members?
Can unions claim organisational rights after recruiting ineligible members?

For the purposes of being awarded organisational rights, is a trade union allowed to include employees who are not eligible to be members in terms of its constitution...?

By Jacques van Wyk 25 Jul 2019

Nkosana Mashiya, executive director, Capitec Bank
Finetuning fintech regulations

With fintech dominating trend headlines for 2019, and updated guidelines anticipated soon from the Intergovernmental Fintech Working Group (IFWG), now's the time to focus on what regulation should entail.

25 Jul 2019

Gauteng wants blanket court interdict on land occupations
Gauteng wants blanket court interdict on land occupations

The Gauteng Department of Human Settlements is in the process of creating a policy to curb land occupations in the province, according to MEC Lebogang Maile. This was part of its strategy to lessen overcrowding in Alexandra and other townships...

By Zoë Postman 25 Jul 2019

Could the CCMA see more legal representation in future?
Could the CCMA see more legal representation in future?

It is well-known that in terms of the Rules for the Conduct of Proceedings before the CCMA, a legal representative is not permitted to represent a party in disputes pertaining to dismissals for misconduct or incapacity. However, recent developments may change this...

24 Jul 2019

The balancing act: Employer/employee reciprocal duty of good faith
The balancing act: Employer/employee reciprocal duty of good faith

A number of years ago, Dunlop Mixing and Technical Services dismissed 65 employees due to the violence which occurred during a month-long strike. Seven years later, the Constitutional Court declared the dismissals unfair...

By Tracy Robbins and Julia Olley 23 Jul 2019

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