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Fri, Aug 12, 2022

No legislation enables the FSCA to beget transformation – part 1

The Financial Sector Conduct Authority (FSCA) wishes to usurp the Broad-Based Black Economic Empowerment (B-BBEE) role of the Minister of Trade and Industry, to make missing a transformation target an offence, and to make the Sector serve two masters. Yet it fails to produce even a basic Impact Assessment.

Unions, violence and inequality before the law

South Africa is hailed as the country with the most progressive of labour regimes. We have a constitution that has explicit labour relations rights in section 23. We also have a myriad of supporting legislation such as the Labour Relations Act and the Basic Conditions of Employment Act, amongst others.

You better mean it when you say ‘I’m out’

A recent Labour Court judgment has reinforced the unilateral nature of an employee’s resignation and clarified the legal authority of an administrator to hire employees. Reading like Shakespeare's 'The Comedy of Errors', a recent Labour Court judgment wades through muddied water to reiterate the crystal-clear effect of an employee's resignation in Mohlwaadibona v Dr JS Moroka Municipality (J718/21) [2022] ZALCJHB 91. 

Redressing mine closure liability through the ESG lens

Mining companies are under increased pressure from regulators, investors, and communities to manage social and environmental risks arising from mine closure and rehabilitation. Abandoned mines and their dumps are common features of the South African mining landscape.

CCMA speaks again on mandatory vaccination policies

Hot off the heels of a number of awards by the Commission for Conciliation Mediation and Arbitration (CCMA) which upheld mandatory vaccination policies in the workplace, the CCMA has recently declared mandatory vaccination policies to be unconstitutional.

Timing is everything in the Labour Court – dismissing a claim...

In a recent ruling, the Labour Court has clarified the circumstances under which an application may be made to dismiss a case because of inordinate delay by the referring litigant. The speedy resolution of labour disputes has long been a core principle of employment law.

Russia’s war on foreign intellectual property rights

It was the Roman Statesman, Marcus Tullius Cicero who first used the phrase: Silent enim lēgēs inter arma – In times of war, the law falls silent. These words may still ring true today as the world witnesses the horrifying effects of wars in our time, and the appropriation of property that accompanies them.

SARS aggressively collecting outstanding tax via third-party appointments

The 2022 Tax Season has started and taxpayers need to be cognisant of their tax compliance and if any outstanding debt is owed to the South African Revenue Service (SARS). As a practice, we are seeing SARS continue to aggressively follow collection steps against taxpayers with outstanding tax debt.

Sabinet Bill Tracker – Stay up to date on all parliamentary...

Sabinet’s Bill Tracker service provides you with a chronological interpretation of the progress of each bill in parliament. Gathering credible online information, whether for research, legal, or business support across all industries, presents a slew of challenges. There is too much information. There isn't enough time. Fear of the consequences of inaccurate search results.

SCA upholds minority shareholder rights in share repurchase

A recent decision of the Supreme Court of Appeal (SCA) upholds the rights of dissenting minority shareholders in situations where a company intends to repurchase more than 5% of its issued shares of any particular class.


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