Policy, Law, Economics and Politics - Deepening Democracy through Access to Information
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2 July 2016
Legal Briefs
 
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01 Jul 2016
 
 
AB InBev merger conditions
CLIFFE DEKKER HOFMEYR
Although it is somewhat unusual for the Tribunal to adjust agreed conditions, the Tribunal is required to exercise its inquisitorial powers to interrogate whether conditions are rational and...
 
 
29 Jun 2016
 
When political demands and strikers’ demands collide
CLIFFE DEKKER HOFMEYR
Where a political party intervenes in a strike, any concerns which the employer has must be raised with the political party and not with the trade unions or employees. The issue of who is...
 
 
28 Jun 2016
 
The nature of disputes and the impact on strikes
CLIFFE DEKKER HOFMEYR
In Mawethu Civils (Pty) Ltd v National Union of Mineworkers and Others (Case no: PA2/14), the court clarified that the nature of a dispute as either a right or interest dispute informs how the...
 
 
Employer / employee consultation: no longer the exclusive domain of labour law as competition law creeps in
CLIFFE DEKKER HOFMEYR
The recently gazetted merger public interest assessment guidelines (Guidelines) caution that the Competition Commission (Commission) will consider, when assessing if merger-related job losses are...
 
 
27 Jun 2016
 
The Constitutional Court clarifies the policy-making authority of school governing bodies
CLIFFE DEKKER HOFMEYR
Education in South Africa is everyone’s concern. Each year the state, companies, non-governmental organisations, families and individuals spend billions of Rands on education in the belief that it...
 
 
23 Jun 2016
 
South Africa builds up to Basel III implementation
CLIFFE DEKKER HOFMEYR
In South Africa, recently promulgated banking regulations are paving the way for the regulators to assess whether or not South African banks will be ready to conform to the Basel III standards even...
 
 
22 Jun 2016
 
Unlawful demands and strikes and the importance of contractual terms
CLIFFE DEKKER HOFMEYR
In G4S Cash Solutions SA (Pty) Ltd v Motor Transport Workers Union and Others (JA51/15) [2016] ZALCJHB 2016 (26 May 2016), the employer required its employees to work on Sundays and on public...
 
 
17 Jun 2016
 
In what circumstances can provisional trustees sell an insolvent estate’s immovable property?
CLIFFE DEKKER HOFMEYR
The Supreme Court of Appeal (SCA) in Swart v Starbuck & Others 2016 ZASCA 83, reaffirmed the necessary authorisation for a trustee of an insolvent estate to sell an insolvent estate’s immovable...
 
 
 
Legal Briefs
 
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