News and Commentary
Understanding your organisation’s data breach liability in terms of POPIA
Data breaches have become an everyday reality in the 21st century and have, alarmingly, impacted numerous respected, large enterprises. The recent incident involving a prominent South African...
The Appeal Court has overturned a recent cyber crime ruling – what are the implications for companies under the POPI Act?
On 10 June 2024, the Supreme Court of Appeal (SCA) overturned a High Court decision that had significant ramifications for Edward Nathan Sonnenbergs (ENSAfrica), a leading South African law firm....
How your business would benefit from appointing a company secretary
In South Africa, private companies are not legally required to appoint a company secretary unless stipulated in their Memorandum of Incorporation (MOI). However, the appointment of a company...
Decoding Transfer Pricing: The Commercialisation of IP for Multinational Corporations
When companies operate globally, they often share goods and services within their own network of subsidiaries. The prices they set for these transactions are known as transfer pricing. For...
Dressed in Deception: Unpicking the ‘Dupe’ Stitch in Fashion Law
Amplified by the rapid increase in the number of online retailers entering the South African market, such as Amazon, Shein, and Temu, the fashion industry faces a significant challenge: the rising...
Banking on Fairness: The Legal Balancing Act of Contract Terminations
A Mark Twain quip, “A banker is a fellow who lends you his umbrella when the sun is shining, but wants it back the minute it begins to rain,” is a witticism that captures a common sentiment about...
Amending the NHI Bill: A complex process beyond Government’s narrative
The recent statements by ANC parliamentary chief whip Pemmy Majodina regarding the National Health Insurance (NHI) Bill's ‘amendability’ have highlighted a significant misunderstanding of the law...
New Labour Court and Labour Appeal Court Rules Gazetted
On 03 May 2024, the Acting Judge President's office for the Labour and Labour Appeal Courts announced the gazetting of revised rules. These rules have yet to take effect; a formal notice will later...
Medical complications ahead – the NHI Bill and the reshaping of health insurance and schemes
The signing of the National Health Insurance (NHI) Bill by President Cyril Ramaphosa, is expected this Wednesday at the Union Buildings in Pretoria, marking a significant moment in South Africa's...
Transformative Transactions: Why RMB Ventures’ Investment in Bulldog Group won the Competition Tribunal’s unconditional approval
The recent investment by RMB Ventures and Mohau Equity Partners in the Bulldog Group represents not just a strategic business move, but an example of a transformative transaction that is in lockstep...
Steinhoff Saga: A Legal Analysis of the Reserve Bank Notice and Order of Forfeiture
The recent developments in the Steinhoff scandal, particularly the forfeiture of assets belonging to Markus Jooste’s former ‘lover,’ Berdine Odendaal, have set a significant legal precedent in the...
Goal or no goal? Legal Explainer of the CAF protest by Tanzania Young Africans vs Mamelodi Sundowns
Analysing the protest sitting before the Confederation of African Football (“CAF”), which was launched by the Tanzanian Young Africans Sports Club against Mamelodi Sundowns Football Club and the...
A Guide for South African Businesses on Anti-Money Laundering Legislation
In response to its 2023 “grey listing” by the Financial Action Task Force (FATC), the enactment of The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022...
A debt of the past against a foe for a lifetime
Introduction Prescription refers to the time period within which legal proceedings for a debt must be instituted. However, should prescription be applied when it will have the effect of bringing...
The Financial Intelligence Centre Act 38 of 2001
The Financial Intelligence Centre Act 38 of 2001 (‘FICA’) was instituted to combat and prevent the commission of financial crimes within South Africa. The purpose of this Act includes, but is not...
The implications of the new earnings threshold for South African businesses
Effective from 1 April 2024, the Earnings Threshold - which is determined by the Minster of Employment and Labour from time to time in terms of section 6(3) the Basic Conditions of Employment Act of...
A Mentor Beyond Measure: Celebrating Adela Petersen
As we celebrate Women's History Month, we also take a moment to honour the trailblazers who have paved the way and lit the path for future generations. This year, TerraLex, a leading global network...
News Flash: National Minimum Wage
The Minister of Employment and Labour has Gazetted an amendment to the National Minimum Wage Act 9 of 2018, section 6(5), Schedule 1, and Schedule 2 of the Act. These amendments shall become...
News Flash: The Employment Equity Act 55 of 1998
On the 1st of February 2024, the Minister of Labour published for comment proposed amendments to the Employment Equity Act 55 of 1998. The proposed amendments relate to the planned introduction of...
Artificial Intelligence in Court Proceedings
In the United Kingdom the Courts and Tribunals Judiciary has published guidance for Judges on the use of Artificial Intelligence ("AI"). The guide briefly considers some of the challenges faced by...
Legal Talk – Maintenance for kids after 18 years – Interview with Sheri Breslaw
Sheri Breslaw from Fairbridges Wertheim Becker's Family Law department was recently interviewed on Cape Talk Radio's Legal Talk segment with Pippa Hudson. They chatted on the topic of Maintenance...
Johannesburg’s Development Contribution Policy: Implications and Guidance for Property Developers
In October 2021, the City of Johannesburg (CoJ) introduced a Development Contributions (DC) Policy, signalling a transformative approach to managing infrastructure demands of new developments. This...
How Does South African Law Define ‘Home’ in Eviction Cases?
According to South Africa’s Constitution, no one can be evicted or have their “home” demolished without a court order. This principle is reinforced by the Prevention of Illegal Eviction from and...
Vacation Programme: Johannesburg 20 – 22 September 2023
We’re pleased to announce that our Vacation Programme at our Johannesburg office ran from 20 – 22 September 2023 and was a great success! We hosted four students selected from multiple applications...