Latest Brief
The case for eDiscovery
The world is awash with data and has officially entered the Zettabyte era[1]. Hundreds of billions of emails are sent/received on a daily basis...
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Friends And Family May Turn To Foes – Be Careful Who You Appoint As An Executor
There are only two things in life that are inevitable, death and taxes. Taxes are debatable however death will come knocking on each and every one of our doors at some point in our life. This article is about making wise and responsible decisions prior to your death to ensure that you appoint an...
The ups and downs of private equity in post-pandemic 2021
While the Covid-19 pandemic slowed private equity (PE) deal-making and fundraising in Southern Africa in 2020, certain sectors within the industry still stand to benefit from the ongoing wave of portfolio and balance sheet restructurings. ‘During 2020, various market experts were aligned that the...
Effective water management solutions are critical to keeping the agricultural sector alive - protecting and preserving South Africa’s scarce water resources
While Earth Day may have come and gone – and Day Zero seems like a lifetime ago - South Africa’s reality as a water scarce country remains. Water scarcity is being exacerbated by poor water resource management and licensing, lacking water infrastructure, insufficient maintenance and investment,...
Africa tax in brief
BURKINA FASO: Multilateral Instrument instrument of ratification deposited On 30 October 2020, Burkina Faso deposited its instrument of ratification for the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (“MLI”). The convention will...
Residential Tenant, Landlord Rights Under Lockdown
In the economic turmoil caused by Covid-19 lockdown, many people have not been able to pay their residential rent. Under government lockdown regulations – which try to ameliorate this problem – where do tenants and landlords stand legally? Two main scenarios emerge in the regulations passed by...
Suspensions Can Hang Employers
Suspension occurs when an employer requires an employee temporarily to vacate its premises for reasons related to alleged misconduct or poor performance. The effect of a suspension is that the employee is not allowed to return to work until the employer instructs that he/she may do so. Such...
Zero tolerance for bad budgeting in public sector
The Budget Speech delivered by the Minister of Finance on 24 February 2021 cast some light on what developments we can expect on the public procurement front in South Africa. The government spends close to a trillion rands on public procurement which accounts for approximately one fifth of South...
NSDV welcomes Muhammed Khan as senior associate
NSDV announced today that Muhammed Khan has joined the Mining and Environmental Law Department as a Senior Associate. Muhammed has extensive experience in advising clients on their rights and obligations under several pieces of legislation impacting the mining and petroleum industries in South...
Business Rescue Proceedings – The Last Resort To Save Your Company
The consequences of Covid-19 have had disastrous impacts on business globally, with many being left in significant financial distress. Chapter 6 of the Companies Act No 71 of 2008 has introduced a remedy for businesses when in financial distress before placing the company in liquidation. This...
Facing the music: Whose song is it anyway?
In 2015, the 9th Circuit Court ruled that Pharrell Williams and Robin Thicke’s song, “Blurred Lines”[1][1], infringed on Marvin Gaye’s 1977 “Got to Give It Up.” It demanded that they pay $5-million to Gaye’s estate for straying too close to the older song’s “vibe”. In upholding the earlier...
When disaster strikes from an Environmental Law perspective – an explanation of sections 30 and 30A of NEMA
Disasters can strike at any given moment and can wreak havoc in their wake. Although the Covid-19 pandemic is not strictly an environmental legal issue, it resulted in President Cyril Ramaphosa declaring a national state of disaster in South Africa in terms of section 27 of the of the Disaster...
Draft PAIA Regulations published ahead of POPIA commencement
Draft PAIA Regulations have been published, setting out the transition of functions from the South African Human Rights Commission to the Information Regulator, and some additional obligations of information officers. The Department of Justice and Constitutional Development has released draft...
Dismissal of employees who participate in unprotected strikes but comply with employer’s ultimatum may not be dismissed
Issue: Whether employers, who issue provisional ultimatums to employees who participate in unprotected strike action, may subsequently dismiss employees who comply with the ultimatum. Employees who embark on an unprotected strike should be given sufficient time to comply with ultimatums and such...
