13.1 C
Wed, Jul 8, 2020

How attorneys, notaries and conveyancers can help fight crime

The Financial Intelligence Centre Act (FIC Act) requires accountable institutions, identified in the Act to fulfil compliance obligations, which are geared to assist in identifying the proceeds of crime, combating money laundering and terrorist financing.

Copyright Amendment Bill – public participation shambles!

The Copyright Amendment Bill has caused great uncertainty in South African and global artistic and creative markets. The bill has gone through many revisions and attracted widespread criticism. Today, it awaits and has been waiting for President Ramaphosa’s signature for months. But the whole activity must be restarted due to government’s mishandling of the public participation process. If this is not done, the bill will lack the legitimacy that every government policy requires, particularly from the relevant constituency – in this case, innovators.

A caveat to the debarring of financial representatives

A recent judgment in the Supreme Court of Appeal has reconfirmed that the duty of debarring representatives, who do not meet the requirement of a ‘fit and proper’ person as prescribed in the FAIS Act, falls fairly and squarely on the shoulders of financial services providers (FSPs).

REPORT | Global advertising law developments in response to COVID-19

We have released a report on advertising law developments around the world in response to COVID-19 pandemic. As the world faces a terrible pandemic, there’s been an enormous effort by regulators and others to protect consumers. This special report tracks how regulators and others have responded to advertising issues, such as fake cures and price gouging, related to COVID-19.

Business rescue and liquidation IP consequences

Intellectual property (IP) is often overlooked when a business is compelled to seek business rescue or liquidation, but it may form a valuable asset, requiring decisions to be made on whether to sell it or maintain it. In the current economic climate, many businesses will unfortunately find themselves in the unenviable position of having to decide between business rescue and liquidation.

COVID-19: can employees withdraw from the workplace?

Employees returning to work from the COVID-19 lockdown will need to show reasonable justification if they halt work on the basis that they are exposed to the virus. Legal provisions allowing employees to withdraw from a hazardous working situation could, in the context of COVID-19, be open to abuse by unprincipled employees or trades unions.

Delinquent directors: the cautionary tale of Dudu Myeni

As a bare minimum, directors are required to act in a manner which benefits the company – that is, to act in the company's best interests. This is entrenched in section 76 of the Companies Act which requires all directors, alternate directors and prescribed officers to act in good faith, in the best interests of the company and with the necessary degree of care, skill and diligence and prevents such persons from (1) abusing their position; and (2) knowingly causing harm to the company.

Implications of the new policy objectives of the Competition Act

A number of fundamental changes to the Competition Act demonstrate government's strengthened policy commitment to drive radical economic transformation in South Africa and are likely to be more regularly used in the midst of COVID-19.

High Court judgement on lockdown restrictions

In a strong rebuke of the Minister of Cooperative Governance and Traditional Affairs, and her Director-General, Judge Norman Davis in the Pretoria High Court on Tuesday, 02 June 2020, declared the regulations issued by the Minister in terms of Section 27(2) of the Disaster Management Act to be unconstitutional and invalid.

Racialism in law is incompatible with the Rule of Law

The Rule of Law was mostly absent during Apartheid when a system of parliamentary supremacy elevated the state's effectively absolute power above all else.



Forgot Password?

Join Us

Password Reset
Please enter your e-mail address. You will receive a new password via e-mail.