Legal insights

COVID-19 has created a level of state engagement with many of the world´s citizens that was perhaps unimaginable before 2020 in many democracies.

The COVID-19 pandemic continues to be a subject of much debate, more so now that we are seeing a roll out of “Mandatory Vaccination Policies” as well as “Return to Work” policies.

The Department of Trade Industry and Competition (DTIC) recently published Practice Note 1 of 2021: Rules for Discretionary Collective Enterprises, together with an explanatory memorandum.

There is a common assumption among employees (and many employers) that restraint of trade covenants are invalid and unenforceable especially in light of the right for South Africa citizens to choose their trade, occupation, or profession freely as enshrined in the Constitution of the Republic of South Africa, 1996 (“the Constitution”).

The COVID-19 pandemic has brought significant changes in the way that ordinary people attend to their daily activities. Initially, the changes in behaviour were abrupt and disrupting, but as time progressed it seems as if the changes necessitated by the COVID-19 pandemic have slowly but surely become part of our daily routine.

This article demonstrates the role of the board of directors in light the King IV Report and the Companies Act 71 of 2008 (“the Act”).

Freedom of testation is a basic right in terms of the South African law of succession and enables a testator (or testatrix) to bequeath assets in a Will as they please. In South Africa, a person can leave his or her assets to whoever they like, this is called “freedom of testation “.

The tender process in South Africa is governed by certain requirements in line with section 217 of the Constitution of South Africa.

Three elements on the B-BBEE Scorecard use Net Profit After Tax (NPAT) to calculate the Compliance Targets: Enterprise Development (ED) (1% of NPAT), Supplier Development (SD) (2% of NPAT) and Socio-Economic Development (SED) (1% of NPAT). These three elements constitute 20 points (excluding 2 bonus points) on the Generic Scorecard.

The Labour Relations Act, Act 66 of 1995 (“LRA”) does not deal expressly with the question of whether legal representation should be allowed during disciplinary hearings.

“The Problem is not the Problem. The Problem is your attitude about the Problem” ~ Captain Jack Sparrow, Pirates of the Caribbean

It is important to have a Will. However starting the process to draw up a Will can be a very sensitive and daunting experience for most people. But death as we know is one of those certain things in life, and because we don’t know the time or the hour, it is always better to be prepared.

This article focuses on the last 3 elements on the B-BBEE Scorecard, namely Skills Development (Statement 300), Enterprise and Supplier Development (Statement 400) and Socio Economic Development (Statement 500). These 3 elements are determined at a point in time, i.e. the Measured Entity’s financial period.

The Coronavirus is having a significant impact on the global economy as it increasingly disrupts production, supply chains and travel. With that in mind, organisations should consider any potential legal risks and how to protect themselves against them.