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Covid-19

Alarm over proposed changes to Meat Safety Act
Alarm over proposed changes to Meat Safety Act

While there is general scientific consensus that the novel coronavirus is of zoonotic origin and various groupings are advising that wildlife markets must be closed, the South African government has been putting forward legislation that could massively expand the wildlife industry to become mass meat suppliers to the world...

18 May 2020

Taurus creates R300m fund for SA law firms
Taurus creates R300m fund for SA law firms

Although a number of South African law firms have shifted to online consulting solutions, many are under financial strain due to the current delays and limitations at the courts, deeds office, Road Accident Fund and other legal bodies...

18 May 2020

A divorce, the settlement agreement, and a parcel of game
A divorce, the settlement agreement, and a parcel of game

Who knew that a divorce, the relevant settlement agreement, and a parcel of game could have provided for yet another case where the Supreme Court of Appeal (SCA) had to interpret a contract...?

By JJ van der Walt and John Bell 15 May 2020

Money laundering risks in a global pandemic
Money laundering risks in a global pandemic

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 remotely...

By Marelise Van Der Westhuizen and Sabeeha Kathrada-Khan 15 May 2020

Carla Collett
Big data and the South African financial services sector

Changes in the way customers expect to engage with the financial services sector and increasing pressure from regulators is compelling financial services companies to come up with innovative ways to manage their data...

By Carla Collett 15 May 2020

SA govt allows the sale of (almost) all goods online
SA govt allows the sale of (almost) all goods online

According to new regulations, online retailers in South Africa may sell any product, with the exception of cigarettes and alcoholic beverages...

15 May 2020

Deal-making in a virtual world - the working environment post-Covid-19
Deal-making in a virtual world - the working environment post-Covid-19

It is difficult to lift one's gaze from the immediate, dramatic impact that Covid-19 has on our working lives and look towards the horizon to see what lies ahead. For those of us not engaged in essential services, however, perhaps now is the time to contemplate our working environment post-Covid-19...

By Johan Botes 14 May 2020

The case for avoiding price controls in times of crisis: they don't work
The case for avoiding price controls in times of crisis: they don't work

Since the start of the Covid-19 pandemic and the initial stockpiling of food and other items, government regulation of the prices of basic food and medical goods has received significant attention...

By Willem H. Boshoff 14 May 2020

Beyond the guidelines: Why a good relationship between tenant and landlord is key
Beyond the guidelines: Why a good relationship between tenant and landlord is key

What happens if a tenant is unable to pay their rent? What if they can pay but choose not to in the interests of "fairness" - because why should only non-essential businesses get a payment holiday?

By Bradley Jackson 14 May 2020

Shoprite Group to halt enforcement of exclusive lease contracts
Shoprite Group to halt enforcement of exclusive lease contracts

The Shoprite Group will immediately cease the enforcement of exclusive lease agreements against other supermarkets in non-urban areas...

13 May 2020

A sneak-peek at the future of crypto asset regulation in South Africa
A sneak-peek at the future of crypto asset regulation in South Africa

The Intergovernmental Fintech Working Group (IFWG) has released its long-awaited position paper on crypto assets following the initial consultation paper published in 2019...

By Seshree Govender, Cindy Liebowitz & Fatima Ismail 13 May 2020

Two major suppliers of face masks charged for price gouging
Two major suppliers of face masks charged for price gouging

The Competition Commission has referred two major suppliers to the Competition Tribunal for prosecution for allegedly charging excessive prices on face masks...

13 May 2020

Expanded list of clothing now allowed for sale under Level 4
Expanded list of clothing now allowed for sale under Level 4

The South African government gazetted updated regulations on Tuesday, 12 May, that allows retailers to sell an expanded list of clothing and bedding items under Level 4 lockdown...

13 May 2020

Judgment reserved in CoCT's bid to procure power from independent sources
Judgment reserved in CoCT's bid to procure power from independent sources

Judgment has been reserved in the City of Cape Town's application to get clarity on whether municipalities are lawfully entitled to procure energy from independent power producers in terms of their own energy planning and not only in terms of national prescripts...

12 May 2020

11 questions to ask before making corporate donations
11 questions to ask before making 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...

By Andre Vos and Sabeeha Kathrada-Khan 12 May 2020

Discovery, Liberty and "group wrong"
Discovery, Liberty and "group wrong"

Discovery Ltd (Discovery) is the sole shareholder of two companies: Discovery Life and Discovery Vitality (all three parties were the applicants). Discovery Life offers insurance and related cover, while Discover Vitality is primarily a wellness and rewards programme...

By Clea Rawlins 11 May 2020

Numsa vs SAA - death knell to successful business rescue?
Numsa vs SAA - death knell to successful business rescue?

On Friday, 8 May 2020, the Labour Court upheld an urgent application by Numsa and the SA Cabin Crew Association (the Unions) against South African Airways (SAA) and its business rescue practitioners (BRPs) and ordered that it was procedurally unfair to retrench employees before a business rescue plan contemplating such retrenchments was published and adopted...

By Wessel Badenhorst and Chris Rey 11 May 2020

Nazreen Sekao Pandor is an admitted attorney of the High Court of South Africa and a qualified arbitrator. Peter Setou is the chief executive of the Vumelana Advisory Fund (Vumelana).
Land reform beneficiaries, use lockdown to put your CPA in order

The outbreak of the coronavirus (Covid-19) and the implementation of the nationwide lockdown may have deferred the land reform programme...

By Nazreen Sekao Pandor and Peter Setou 8 May 2020

KZN pharmacy admits to excessive pricing of face masks
KZN pharmacy admits to excessive pricing of face masks

A pharmacy based in KwaZulu-Natal has admitted to excessive pricing of face masks in a consent agreement with the Competition Commission...

8 May 2020

Pension funds could offer economic relief to members
Pension funds could offer economic relief to members

People unable to work due to the pandemic may be looking to access their pension credits in this time of financial hardship. The position in South Africa remains that a member cannot access their pension benefits while they are still in service. Several other countries have however included, as part of their economic relief packages, measures targeting the assets of pension funds...

By Roxanne van Rooyen and Michelle David 8 May 2020

Further tax measures to combat impact of Covid-19
Further tax measures to combat impact of Covid-19

As part of the second phase economic response to the Covid-19 pandemic, National Treasury has published another draft bill to formalise the tax relief measures available to small businesses. The draft legislation aims to clarify several matters which were previously the subject of uncertainty and introduces additional tax measures...

By Juanita van der Merwe 8 May 2020

Covid-19: How to manage 'place of effective management' tax risk during lockdown
Covid-19: How to manage 'place of effective management' tax risk during lockdown

Under South African domestic law, a company will be tax resident in SA if it is incorporated in SA or has its "place of effective management" in SA...

By Anne Bennett, Donald Fisher-Jeffes and Neo Penn 7 May 2020

Interpretation and impossibility: What you really mean(t to achieve)
Interpretation and impossibility: What you really mean(t to achieve)

In a recent Supreme Court of Appeal (SCA) judgment, the SCA decided on whether the label attached to, and the terminology used in, a contract determined its nature and, if so, what the consequence would be in the context of impossibility of performance...

By JJ van der Walt with John Bell 7 May 2020

Big standoff between retailers and landlords looms
Big standoff between retailers and landlords looms

Shopping centres and large retail outlets are bleeding. With most having to keep their doors closed during the lockdown period, revenue has slowed to a trickle...

By Kagiso Mahlangu 7 May 2020

Workers from Kinross Gold Mine, South Africa. Brooks Kraft LLC/Sygma via Getty Images
Health and safety in the spotlight as South Africa's miners go back to work

South Africa was put under strict social and economic lockdown on 26 March. By the end of April the government announced that it was easing some of the restrictions. This included allowing certain key sectors to begin operations once again. One of them was mining...

By Nancy Coulson & Nicola Christofides 7 May 2020

Remember to issue shares when converting a CC to a private company
Remember to issue shares when converting a CC to a private company

Since the passing of the Companies Act, 2008 (Companies Act) in May 2011 it is no longer possible to register a close corporation (CC). However, the Companies Act allows a CC that existed prior to 1 May 2011 to continue to exist or to convert to a private company...

By Raphael Chitambira 6 May 2020

Unchartered water of Covid-19 quarantine: What's next for seafarers after repatriation?
Unchartered water of Covid-19 quarantine: What's next for seafarers after repatriation?

Although the issue of responsibility of repatriation has been largely settled, a serious debate has been sparked on whether ship owners are liable to pay for the necessary quarantine costs in the home state of repatriated seafarers...

By Chevanev Charles and Derrick Okadia 6 May 2020

Limpopo court dismisses bid to halt schools re-opening
Limpopo court dismisses bid to halt schools re-opening

The Department of Basic Education has welcomed a judgment by the Limpopo High Court dismissing an application seeking to halt the department's proposed re-opening of schools on 1 June...

6 May 2020

Writing the future of the justice system - competition
Writing the future of the justice system - competition

Law For All, a company dedicated to fighting for equality and justice, calls on South Africa's creative minds and wordsmiths to enter a competition to help imagine a future world where everyone has access to justice and legal recourse. The winner will walk away with a R10,000 cash prize...

6 May 2020

Covid-19 and downgrades: Director's duties unpacked
Covid-19 and downgrades: Director's duties unpacked

At the same time as grappling with a nationwide lockdown to curb the spread of Covid-19, South Africa's credit rating was also downgraded to below investment grade by Moody's...

By Safiyya Patel & Jayshall Vassen 6 May 2020

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