A legal issue receiving almost constant attention since the lockdown commenced is the liability of commercial tenants for rental of their business premises during the Lockdown (including the more relaxed Alert Levels).
The Labour Relations Act 66 of 1995 (“LRA”) does not make provision for an award made by the Commission for Conciliation, Mediation and Arbitration (“CCMA”) to be appealed by an unsuccessful party. The reason being [...]
As most of us are aware, The Protection of Personal Information Act 4 of 2013 (the Act) was signed into law on 26 November 2013 and we have written numerous articles on the topic in the last few years while waiting for the Act to become fully operational. Certain sections of the Act have been implemented incrementally since April 2014, but it has mostly been a paper tiger.
1st of July 2020 is the date of commencement of the bulk of the remaining sections of POPU. Anyone processing personal information in South Africa will have one year in which to become compliant with the Act.
Irrespective that this judgement deals with a transaction between group companies that is now specifically provided for by Section 22(3A) of the VAT Act, it remains that the principles may be applied to transactions between non-group companies or other parties that enter into these types of transactions, or make payments of consideration, on loan account.
Social media and the employer-employee relationship With the government effectively creating a temporary criminal offence to fight the spread of fake news and misinformation about COVID-19 on social media and online platforms, a lot of [...]
The lockdown is unconstitutional – De Beer and Others v Minister of Cooperative Governance and Traditional Affairs
The lockdown is unconstitutional! The North Gauteng High Court’s decision in De Beer and Others v Minister of Cooperative Governance and Traditional Affairs (21542/2020). this means that for the next 14 business days, South Africans will continue to live under the regulations of Alert Level 3. Before the expiry of those 14 days, the Minister must republish regulations which give due consideration to the rights guaranteed in the Bill of Rights.
We are slowly emerging from lockdown and the cabin fever is abating. We can leave our homes now, but can only lumber our lonely way about, hoping not to crash into a pole when our [...]