NEWS & MEDIA

(featured article)

Legal uncertainty: Can extreme violence render a protected strike unprotected?

Dangers of Social Media and Incitement

The trial of alleged the South African July riots instigator, Ngise Mchunu, a former Ukhozi FM radio personality started in the Randburg Magistrates Court on Wednesday, 12 October 2022. He stands accused of inciting public violence and breaching the Disaster Management Act. The charges expose the dangers of social media coupled incitement. Social media can be weaponized with disastrous results for the public.

Emigrating – tie up your tax affairs now

With the surge of South Africans currently emigrating, tying up their financial affairs and ensuring all their taxes due to SARS (South African Revenue Services) is of utmost importance.

There are many foreigners electing to immigrate into South Africa

With the mass exodus of skilled South Africans to other countries there are many skilled jobs available for foreigners to fill and we now have a large number of foreigners entering South Africa to fill these essential skilled positions.

ONE WORD – RELATIONSHIPS DEFINED - PARTICULARITY NEEDED IN WORKPLACE POLICIES

Family responsibility leave in terms of Section 27 of the Basic Conditions of Employment Act 75 of 1997, is leave amounting to a total of 3 days in a leave cycle. To access these leave days, you must have been employed for 4 months and work at least 4 days a week for that employer.

What is a “parenting co-ordinator” and when will one be appointed?

Contentious divorces can become particularly complicated when there are minor children involved. The appointment of a parenting co-ordinator in these circumstances becomes appropriate. A Court has the power to appoint a professional to assist and/or direct parents in resolving child-related disputes where there is an inability to make joint parenting decisions. In practice, parenting co-ordinators are most often psychologists, social workers, mediators, family law attorneys or retired judges.

SCA’S RECENT RULING IS A GAME CHANGER FOR DIVORCED PARENTS AND MAJOR CHILDREN

Not many individuals are financially independent by the time they attain majority and turn 18 years old. Most 18 year-olds are, in fact, only just commencing their tertiary education and are in no position to support themselves financially. There are several conflicting High Court judgements pertaining to the question of whether or not a parent can claim maintenance for and on behalf of their major children. The recent judgement of Z v Z (556/2021) [2022] ZASCA 113 has resolved this long-standing question of law.

LEGAL GUIDELINES FOR FRANCHISOR AND FRANCHISEE

The Franchisor may believe that once a franchise agreement has been signed with the Franchisee and if the agreement contains the pertinent details that they discussed, then it is indisputable. What could possibly go wrong if anything at all.

CALL OUT TO COMPANY DIRECTORS! TAKE YOUR DUTIES SERIOUSLY… OR FACE THE PROSPECT OF BEING DECLARED ‘DELINQUENT’

To some, becoming a ‘director’ is a career achievement but often is not taken with the gravitas that it should. Sitting on a company board as a director may be viewed for some as a golden ticket to picking up a large remuneration without doing too much work and more importantly not understanding the duties and responsibilities attached to that ‘directorship’.

BINDING OFFERS FOR VOTING INTERESTS IN BUSINESS RESCUE PROCEEDINGS

On 28 April 2023 the Supreme Court of Appeal delivered a reportable Judgment in the matter of Louis N O and Others v Fenwick N O and Others which dealt primarily with the consequences of when a binding offer in terms of section 153(1)(b)(iii) of the Companies Act 71 of 2008 (“the Act”) is rejected, and the interpretation of how this affects s153(4) of the Act.

SHOULD THE FRANCHISOR EVALUATE THEIR FRANCHISING DOCUMENTS FOR COMPLIANCY

Should the franchisor evaluate their franchising documents for compliancy?

AUTHENTICATION OF DOCUMENTS EXECUTED INSIDE OR OUTSIDE OF SOUTH AFRICA

Often times, documents need to be signed or legalised for use within South Africa or for use abroad.

FROM DISTRESS TO RECOVERY: BUSINESS RESCUE CONSIDERATIONS

Companies facing financial distress suffer from rapidly growing tax liabilities, increase in debt, lack of cash flow, and a breach of contracts. Financial distress should cause a business to consider business rescue before its effects become irreversible, which could lead to the company's liquidation.

How to handle employees claims of contracting COVID-19 and their subsequent absence

Employers have had to adapt to continue with their business operations during the Covid-19 pandemic, the ensuing lockdowns, and strict government regulations. Those companies able to work online from home have greatly mitigated the risks of staff contracting Covid-19 and potentially affecting their business operations.

Mandatory vaccination policies in the workplace. Are they lawful and enforceable?

As the world slowly crawls back to some semblance of normality and many countries consider lifting their travel bans, one topic of debate is ongoing, both in South Africa and abroad. Can and should companies implement mandatory vaccination policies on their employees?

COVID-19 Lockdown and its impact on the movement of minor children between co-holders of parental responsibilities and rights for purposes of exercising contact to minor children

On 7 April 2020, the Minister of Social Development issued new Directions which allows the movement of children between co-holders...

Fake news in the era of COVID-19

Globally, the COVID-19 (Coronavirus) pandemic continues to wreak havoc. South Africa is currently in the midst of a 21-day shut...

"TIME'S UP! UNDERSTANDING SOUTH AFRICA'S PRESCRIPTION LAWS BEFORE IT"S TOO LATE"

The law of prescription in South Africa is governed by the Prescription Act, which came into operation on 11 August 1969. The Act governs the extinction of debts, claims, and rights after a specified length of time. In other words, it establishes a time limit during which a person must exercise their rights, failing which the right is permanently lost.The Prescription Act distinguishes between two sorts of prescriptions: extinctive and acquisitive. Extinctive prescription refers to the loss of the right to claim a debt or enforce a right, whereas acquisitive prescription refers to the acquisition of ownership or other real rights in property (after 30 years of continuous possession).

CIPC announces compulsory UBO register for South Africa

The Companies and Intellectual Property Commission (CIPC) plays a crucial role in maintaining the integrity of the South African business environment by ensuring compliance with relevant laws and regulations. On 25 February 2023, the CIPC announced that it will implement a beneficial ownership (BO) information register, commonly known as the UBO register, from 1 April 2023 . This register will require companies and trusts to disclose information about their ultimate beneficial owners (UBOs).The UBO register contains information about the individuals who ultimately own or control an entity. By identifying and registering UBOs, the CIPC aims to increase transparency around who owns and controls companies in South Africa and to prevent the abuse of corporate vehicles for illegal activities such as money laundering and terrorism financing. The UBO register is not unique to South Africa and is already mandatory in many other countries.

How does the new employment equity bill effect you?

On September 1, 2023, the long-anticipated amendments to the Employment Equity Act of 1998 will take effect in South Africa. The Employment Equity Act applies to all employers and employees who operate in South Africa, except the South African National Defense Force. The primary purpose of the Act is to promote equality and ensure that all employees receive equal opportunities in the workplace. The new Employment Equity Bill seeks to advance transformation of South Africa's workforce by setting equity targets for economic sectors and geographical regions.The Amendment Bill empowers the Minister of Employment and Labour to set employment equity targets for economic sectors and geographic regions. The amended Act allows the Minister to identify national economic sectors for the purposes of the administration of the Act and to determine regional targets given that racial diversity in South Africa often has regional differences. One of the key changes in the Bill is the regulation of unfair discrimination in situations where different employment conditions are applied to employees who do the same or similar work.

INTRICACIES OF COLLECTIVE WORKPLACE MISCONDUCT

Employershave a common law duty to maintain discipline in the workplace. However, this dutydoes not come without its challenges. An example would be, what do you do whereyou (the employer) suspect that employees are collectively involved incommitting misconduct? How far do you go with the investigations and whatshould your investigations reveal to ensure that the employer is successful atthe CCMA, as well as mitigate further risks. Recentlythe Labour Appeal Court, in the matter of South African Commercial Catering andAllied Workers Union and Others v Makgopela and Others (JA38/2021) [2023] ZALAC8 (14 March 2023), examined this. The matter concerns the dismissal of a groupof employees due to shrinkages at their stores over a period of at least threemonths in 2016.

PROTECTING SOUTH AFRICA’S NATIONAL HERITAGE RESOURCES

South Africa is a country rich in heritage resources that deserve special protection to ensure their preservation for future generations of South Africans. The National Heritage Resources Act was enacted in 1999 to give effect to the need for the country’s heritage resources to be protected and preserved.

Introduction to Labour Law and misconduct

Join us on Wednesday 15 February at 16h30 for a short hybrid webinar on Labour Law and Misconduct. This is a great opportunity for attorneys, labour consultants and human resource specialists to learn the basics, and have a drink with us afterward to network, or pick our brains. We welcome you to join us at our offices in Sandton, Cape Town or Durban, or online, and invite your colleagues to join as well.

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NEWS & MEDIA

(featured article)

Legal uncertainty: Can extreme violence render a protected strike unprotected?

Read more

read more

Dangers of Social Media and Incitement

read more

Emigrating – tie up your tax affairs now

read more

There are many foreigners electing to immigrate into South Africa

read more

ONE WORD – RELATIONSHIPS DEFINED - PARTICULARITY NEEDED IN WORKPLACE POLICIES

read more

What is a “parenting co-ordinator” and when will one be appointed?

read more

SCA’S RECENT RULING IS A GAME CHANGER FOR DIVORCED PARENTS AND MAJOR CHILDREN

read more

LEGAL GUIDELINES FOR FRANCHISOR AND FRANCHISEE

read more

CALL OUT TO COMPANY DIRECTORS! TAKE YOUR DUTIES SERIOUSLY… OR FACE THE PROSPECT OF BEING DECLARED ‘DELINQUENT’

read more

BINDING OFFERS FOR VOTING INTERESTS IN BUSINESS RESCUE PROCEEDINGS

read more

SHOULD THE FRANCHISOR EVALUATE THEIR FRANCHISING DOCUMENTS FOR COMPLIANCY

read more

AUTHENTICATION OF DOCUMENTS EXECUTED INSIDE OR OUTSIDE OF SOUTH AFRICA

read more

FROM DISTRESS TO RECOVERY: BUSINESS RESCUE CONSIDERATIONS

read more

How to handle employees claims of contracting COVID-19 and their subsequent absence

read more

Mandatory vaccination policies in the workplace. Are they lawful and enforceable?

read more

COVID-19 Lockdown and its impact on the movement of minor children between co-holders of parental responsibilities and rights for purposes of exercising contact to minor children

read more

Fake news in the era of COVID-19

read more

"TIME'S UP! UNDERSTANDING SOUTH AFRICA'S PRESCRIPTION LAWS BEFORE IT"S TOO LATE"

read more

CIPC announces compulsory UBO register for South Africa

read more

How does the new employment equity bill effect you?

read more

INTRICACIES OF COLLECTIVE WORKPLACE MISCONDUCT

read more

PROTECTING SOUTH AFRICA’S NATIONAL HERITAGE RESOURCES

read more

Introduction to Labour Law and misconduct

read more

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