Litigation

The lockdown is unconstitutional – De Beer and Others v Minister of Cooperative Governance and Traditional Affairs

By |2020-06-03T14:11:47+01:00June 3rd, 2020|Articles, Litigation, Regulatory Law|

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.

The Covid-19 Temporary Relief Scheme Refined – Recent Amendments to the Minister’s Directive:

By |2020-04-09T16:29:17+01:00April 9th, 2020|Labour Law, Litigation, Regulatory Law|

The Covid-19 Temporary Relief Scheme (“the Scheme”) was implemented by the Department of Labour as a direct remedial response to the havoc wrecked on small to medium enterprises (“SMME’s”) by the Covid-19 pandemic. Whilst the Scheme has been active and functional since 26 March 2020, amendments published to the Directive responsible for the implementation of the Scheme on 08 April 2020 have clarified the application of the Scheme and have further refined its operation.

Newsflash: Commercial Property Sector Unites Behind Rental Relief Measures for Retail Tenants

By |2020-04-09T12:27:24+01:00April 9th, 2020|Litigation, Property Law, Regulatory Law|

The Property Industry Group (PIG) give some relief to tenants who can accept their landlord’s offer to provide for any of the relief. It should also be noted that any acceptance of a landlord’s offer for a remission of rental, in accordance with the PIG’s relief package, should be considered against whether or not a landlord is entitled to rental at all. Tenants are not bound to accept these terms; however, once an election has been made, such decision is final, and any rights waived can likely not be revisited. We would therefore urge tenants to take proper advice, and to consider the full extent of their rights before accepting any such offers from landlords.

Eyes in the Sky: The Introduction of COVID-19 Contact Testing

By |2020-04-08T13:47:48+01:00April 8th, 2020|Litigation, Privacy Law, Regulatory Law|

The imposition of Covid-19 Contact Testing almost certainly limits the right to privacy. Whether this limitation can be considered unconstitutional is a question best left to the courts for adjudication, however, given the novel nature of the pandemic and the checks and balances built into Chapter 3 to prevent its abuse, it is highly likely that the contact Testing programme will pass constitutional muster in the event that it is tested.