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Halting of emergency procurement of PPE
The recent instruction by National Treasury to all government departments to halt the emergency procurement of personal protective equipment (PPE)...
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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...
Corporate activity in Africa – has Covid-19 opened opportunities for investors?
The Covid-19 pandemic has precipitated sharp drops in mergers and acquisitions, deal value and volume in Africa. However, there are already indicators of increasing M&A interest, which is likely to accelerate. Is this a silver-lining or as a result of opportunists starting to make their moves?...
Why businesses need to have a Covid-19 workplace plan – especially under level 2 of lockdown
While President Cyril Ramaphosa has allowed the recommencement of most economic activities under alert level 2 (AL2) of the national lockdown, he has cautioned the nation in relation to relevant health and safety protocols so as to ensure that South Africa is not subject to a “second wave” of...
POPIA to commence soon
The much anticipated and deeply needed Protection of Personal Information Act, 2013 (“POPIA”), which gives effect to the constitutional right to privacy in South Africa, will soon be commence. Certain provisions of the Act, including those relating to the establishment of the Information...
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...
Are Mitigating Circumstances Relevant To Misconduct Hearings?
Where the employee is found guilty in any hearing mitigating circumstances can influence the penalty or corrective action decision. The concept of ‘mitigating circumstances’ refers to evidence brought by the employee that may persuade the presiding officer to hand down a lighter penalty than...
High time for legislative change
Almost two years after the landmark Constitutional Court judgment legalising the private use of cannabis, the Bill regulating Cannabis for Private Purposes has been introduced. The Bill arrives just in time to meet the deadline set by the Constitutional Court in September 2018 and follows the...
South Africa: Covid-19 Level 1 – update on travel restrictions
South Africa has moved to Level 1 lockdown restrictions from 21 September 2020. This has brought about further relaxation of the restrictions that have been in place, and a welcomed easing on immigration. All health and safety protocols, social distancing, hygiene and sanitation guidelines,...
The effect of offer and acceptance in settlement discussions
When entering into settlement discussions, the content of your discussions and subsequent correspondence is of the utmost importance. Consideration is taken towards both what is said and what is not. However, a mere acceptance of an offer or settlement proposal does not necessarily equate to the...
Copyright reform takes one tentative step forward, and several more back
Proposed amendments to South Africa’s Copyright Act of 1978 have been underway for several years, with the first draft of the Copyright Amendment Bill published for public comment in July 2015. However, commentators levelled harsh criticism against it, claiming that it was poorly drafted and in...
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...
The New World After Unwired Planet – Could The UK Supreme Court Decision Cause The Demise Of Global FRAND Licensing?
A recent decision by the UK Supreme Court on FRAND licences may initially appear to favour owners of standards essential patents and stimulate global FRAND licensing, but could in the longer term have the opposite effect Technical standards (such as 4G, USB-C, WiMAX, etc.) allow interoperability...
Additional obligations for designated employers under The Employment Equity Act
A recent bill submitted to Parliament for consideration would seek to impose potentially stringent new quotas for numerical targets for the employment of persons from designated groups. The current formulation of the Employment Equity Act already provides for Affirmative Action measures to be...
