Employers have a common law duty to maintain discipline in the workplace.

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The South African Revenue Service (SARS) has recently introduced new reporting requirements for international transactions, including the transfer of funds abroad. This change is aimed at increasing transparency and accountability in cross-border transactions and ensuring that individuals and businesses comply with tax regulations. SARS requires a "immigration" TCS pin or a "foreign investment allowance" ("FIA") TCS pin before transferring funds. The former applies to those sending money from South Africa after their South African tax residency ends. The latter will apply in all other cases involving remittances from South Africa

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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.

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Franchise law is specialised because we have an Act called the ConsumerProtection Act (CPA) and an attorney who deals in franchising wouldneed to understand how the provisions of the CPA are applicable to thefranchise agreement and disclosure document (the franchise documents). Whenan attorney prepares a franchise agreement, it has to comply with the CPA. Inaddition, the CPA has regulations that set out the information that needs to beinserted in a franchise agreement. I am of the opinion that if a franchise agreement does not comply with theCPA, the franchisee may resile from the franchise agreement i.e., elect toterminate the franchise agreement. Your franchise agreement is a legal documentthat contains all the obligations of the franchisee and the franchisor, whichmust also reflect the costs that a franchisee is to incur in establishing thefranchised business. In other words, there must be no hidden costs.

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On 5 May 2023, a full bench of three judges in the High Court of South Africa, Gauteng Division, Pretoria (“the Court”) ordered that the Minister of Public Enterprises (“the Minister”) shall take all reasonable steps, within 60 days from the date of the court order, to ensure that all public health establishments, public schools and the South African public service and police stations are no longer affected by load-shedding.

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Recently, Thomson Wilks successfully launched an urgent ex parte application in the High Court and a rule nisi court order was granted in our client’s favour. Basic legal terms such as ex parte and rule nisi, as well as what constitutes an “urgent application”, can be confusing for new clients and laymen.EX PARTEThe audi alteram partem principle is an important legal principle which exists in our law. This translates to “let the other side be heard.” In accordance with this principle, a court should never make an order against a person unless that person has received proper notice of the legal relief sought against him and he has been given an opportunity to defend him himself. An “ex parte” application is a departure from this rule and is brought before a court of law without any notice given to the opposing party.

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