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DMR’s 2018 mine health & safety statistics

At the beginning of March, the Department of Mineral Resources (DMR) released the Mine Health and Safety Statistics (statistics) for 2018​. The DMR compiles and publishes these statistics annually.We have analysed the statistics and highlight some important facts together with some interesting insights.

Draft conduct standard for banks published

The Financial Sector Conduct Authority (FSCA) has published a Draft Conduct Standard for Banks, under section 106(2)(b) of the Financial Sector Regulation Act 2017 (FSRA). The draft Conduct Standard applies to banks, mutual banks, co-operative banks, branches of foreign banks and representative offices of foreign banks (banks) and will apply in addition to any other requirement already imposed on banks by other financial sector laws.

Life cover in the age of legal cannabis

It is not uncommon for life insurers to outright refuse cover if the use of cannabis is disclosed during the application process, as is policy for illegal drug usage. However, with South Africa’s recent decriminalisation of the private use and cultivation of cannabis, many industries will need to reassess existing business practices which may be impacted by the changing legislation.

Regulation of Airbnb is draconian

Government published the Tourism Amendment Bill on April 12. If this had happened on April 1, one could have believed that it was an April Fool’s Joke, so comical is the logic underlying the bill. The amendment, once adopted, will mean that all ‘short-term home rentals’ are legislated under the Tourism Act.

Prohibiting prostitution is unconstitutional

President Cyril Ramaphosa recently announced that sex work might soon be decriminalised. If true, it will mark the end of an era that will be remembered as a stain on our constitutional democracy. The right to be a sex worker is guaranteed in the Constitution, and the hereinto prohibition thereof has been the result of errant jurisprudence rather than a respect for the Rule of Law.

Copyright Amendment Bill is unjust, unfair and unconstitutional

The National Council of Provinces should hang its head in shame after voting in support of the Copyright Amendment Bill. It took this devastating decision despite overwhelming opposition to and patent rejection of the Bill by South African creators and creatives from numerous affected industries – the very people that the Bill is ostensibly meant to protect.

New system to be launched to detect non-compliance with Minimum Wage...

Last month the Department of Labour (DOL) released a media brief noting that the Commission for Conciliation, Mediation and Arbitration (CCMA) has requested that the DOL investigate the growing practice of deliberate circumvention of labour laws amongst employers.

Who has to register as a credit provider under the National...

One of the respects in which the National Credit Act (the NCA) has created confusion relates to the obligation to register as a credit provider. Section 40(1) of the NCA provides that a person must apply to be registered as a credit provider if the total principal debt owed to that credit provider under all outstanding credit agreements exceeds the prescribed threshold - which has been nil since 11 May 2016, and prior to that was R500,000. 

Acceptance of settlement offer must be unconditional

The Supreme Court of Appeal has reaffirmed the principle that where a party alleges that a compromise (settlement) has been effected in an exchange of correspondence it must be proved that the offer of compromise was accepted. The acceptance must be absolute, unconditional and identical with the offer. Otherwise there is no consensus and no settlement.

Smart contracts vs traditional contracts

Smart contracts mark the evolution of the binding contract from a set of terms and conditions, governed by the common law, into a set of conditional statements governed by a programming language and the tenets of blockchain technology.
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