Legal

The past year has seen various developments in mineral and upstream petroleum law in South Africa which should be considered ahead of Mining Indaba 2024.

The processes for reporting dangerous workplaces can significantly differ from one organisation to another. Notably, there seems to be a lack of consideration for an anonymous reporting mechanism, leaving individuals raising concerns vulnerable to potential identification by others within the organisation who may take issue with the report.

On 10 October 2023, we published our article titled "the importance of a complete record of arbitration proceedings" in a review application wherein the Labour Court dealt with the importance of and requirement for it to be provided with a full and proper record in review proceedings.

In today's ever-evolving digital landscape, the concept of consumer consent has taken centre stage for companies. Gone are the days when consent was assumed; today, the control is firmly in the hands of the consumer. For those companies who handle consumer data, consent has to be a priority.

In the ever-changing South African labour market, the Commission for Conciliation, Mediation, and Arbitration (CCMA) has adopted digital transformation to improve accessibility and efficiency. The introduction of an online portal streamlines CCMA referrals, accommodating modern communication demands.

As far back as 2018, Harvard Business Review (HBR) raised the question: how is artificial intelligence (AI) changing contracts? Five years may not fit the criteria of “long-term”, but with the pace at which technology is evolving, it might as well be decades. As remains the case today, HBR cited efficiency as a key driver for the growth of AI in contracting.

Whether an employee may be dismissed if he/she misrepresented his/her qualifications and/or professional memberships, but nevertheless met the minimum requirements of the position to which he/she was appointed.

Eskom has run a successful pilot of virtual wheeling, which will enable companies with multiple offtake sites to connect to generators using the Eskom or municipal grids. Electricity wheeling mechanisms play a key role in facilitating the optimal integration of renewable energy resources into the grid.

An issue which is of concern to insolvency practitioners across the globe and in South Africa, is the ever increasing level of corporate distress and uncertainty, and which impacts the role of insolvency practitioners (liquidators and business rescue practitioners) and the manner in which they can assist in the restructuring of companies that might be on the brink of insolvency.

Alternative dispute resolution (ADR) could be used to improve access to justice in South Africa for socially and economically disadvantaged groups. Access to courts is a constitutional right, but access to justice is a concept which goes beyond the availability of the court process. It refers to different methods by which an individual may obtain legal assistance.