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Restraint of trade agreements: Does an employer waive its restraints when dismissing an employee?

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Professor Hugo Pienaar
Director
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Alex van Greuning
Associate
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Reeshalya Naidoo
Candidate Attorney

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DESIGNATED INSTITUTIONS RECEIVE NEW RESOLUTION REGIME AS OF 01 JUNE 2023

With effect from 01 June 2023 a new framework for the “resolution” of “designated institutions”, has commenced in terms of the Financial Sector Regulation Act, 2017 (“FSRA”) and in terms of which the South African Reserve Bank (“SARB”) has been given a wide range of powers for the resolution of these institutions.Section 29A of the FSRA stipulates that “designated institutions” include, inter alia, a bank, a systemically important financial institution, the payment system operator and participants of a systemically important payment system, and a company that is a holding company of a bank, a systemically important financial institution, or a payment system operator of a systemically important payment system. Importantly, if a bank or a systemically important financial institution is a member of a designated “financial conglomerate”, each of the other members of the conglomerate will also be classified as a designated institution.

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Dispute resolution in the South African National Defence Force

Section 2(a) of the Labour Relations Act, 66 of 1995 does not apply to personnel employed by the South African National Defence Force (SANDF).How do you resolve a labour dispute involving members of the SANDF?This is a situation the SANDF faced following wildcat strikes embarked upon by some members who were unhappy with some of their conditions of service during the course of 2009. The legislature responded to this situation by introducing a number of different dispute-resolution mechanisms available to individuals and groups as detailed below.

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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.

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Antenuptial Contracts – What are they?

In South African law there are three different types of matrimonial property regimes.The first one, being the default position, is a marriage in community of property, the second is a marriage out of community of property and the third is a marriage out of community of property which includes the operation of the accrual system. If community of property is not specifically excluded, the marriage will be in community of property.

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A house needs AN owner

Freedom of testation is one of the founding principles of the South African law of succession. Testators are free to direct how their estate should devolve and can dispose of their assets as they deem fit. Drafting a last will and testament requires careful consideration of who will be the estate heirs and how the assets will be distributed.Often, estates consist predominantly of immovable property, such as the house the testator resides in. Testators are quite fond of the idea of turning their houses into a “family home”. This means making all of their children and/or grandchildren beneficiaries of the house. The aim is to be fair and to strengthen family ties. The hope is that this will ensure that the whole family is taken care of. This decision is made with the utmost compassion in mind.

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What’s the deal with Electronic Signatures?

When can an Electronic Signature not be used? In certain instances, the use of electronic signatures is not permitted, these include:1. Contracts regarding the sale of immovable property. The Alienation of Land Act specifically requires that all agreements be signed on paper.2. Rental agreements for the lease of immovable property that are considered long-term (in excess of 20 years).3. The signing of a will or testamentary writing. Wills and codicils (addenda) to wills should be signed as a written document and in the presence of witnesses.4. According to The Bills of Exchange Act of 1964 documents such as cheques and pledges must be signed in writing.

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