Legal insights

Effective data management - the key to good corporate governance and reputation

7 April 2022
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.

Vaccination status and dismissal

28 January 2022
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.

Sanity now prevails in the B-BBEE landscape

25 November 2021
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.

Restraints of trade in light of recent judgments

26 August 2021
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”).

Covid-19 vaccination status and data privacy

13 August 2021
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.

The role of the Board of Directors

4 June 2021
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”).

Limitations on freedom of testation

25 May 2021
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 “.

Government tenders & race: Afribusiness NPC vs the Minister of Finance case

22 February 2021
The tender process in South Africa is governed by certain requirements in line with section 217 of the Constitution of South Africa.

What happens to your B-BBEE Compliance Targets if you make a financial loss?

4 February 2021
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.

Legal representation in internal disciplinary hearings

23 October 2020
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.

Reimagining business through restructuring and recovery

6 August 2020
“The Problem is not the Problem. The Problem is your attitude about the Problem” ~ Captain Jack Sparrow, Pirates of the Caribbean

The importance of a will and the administration of the estate

4 August 2020
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.

COVID-19 and B-BBEE

20 May 2020
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.

Coronavirus, contracts and force majeure

2 March 2020
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.

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