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The current state of IP law – is it fit for...

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South African intellectual property (IP) legislation includes the Trademarks Act, Patents Act, Designs Act, Copyright Act and Plant Breeder's Rights Act. Each piece of legislation dealing with the particular IP right concerned, but is it all fit for purpose? 

CCMA speaks again on mandatory vaccination policies

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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.

CCMA vaccination dismissal ruling unlikely to be final word on issue

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On Friday 21 January 2022, the Commission for Conciliation, Mediation and Arbitration (CCMA) delivered a much anticipated first pronouncement on the fairness of a dismissal following an employee’s refusal to receive the COVID-19 vaccination.

Your actions in cyberspace can now land you in prison

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By proclamation in the Gazette, President Cyril Ramaphosa has fixed 1 December 2021 as the date on which certain sections of the Cybercrimes Act, 19 of 2020 (Cybercrimes Act/the Act) come into operation.  This means that the Act is now enforceable.

A brief overview of Small Claims Court procedures

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The Small Claims Court (SCC) was established by the Small Claims Court Act 61 of 1984 (Act) as a means of improving access to justice by providing informal court processes through which members of the public could settle small civil claims.

‘This is hate speech’ – the constitutional court has spoken

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The Constitutional Court has handed down judgment in the case of Qwelane v South African Human Rights Commission and Another [2021] ZACC 22. This seminal judgment resolves the long-standing conundrum of: (i) whether or not section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) is constitutional; and (ii) how the provision should be interpreted in the adjudication of hate speech complaints.

Effects of COVID-19 Block Exemption for the retail property sector

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On 23 April 2021, the Competition Commission published a notice in the Government Gazette in which it, inter alia, indicated that it had published its final non-confidential report of the commission’s findings on the impact of the COVID-19 Block Exemptions and the commission’s advocacy and enforcement work.

Increase to BCEA earnings threshold & minimum wages

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On 8 February 2021 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, published a Government Gazette providing for the increase of the earnings threshold, as provided for in the Basic Conditions of Employment Act 75 of 1997 (BCEA). The new earnings threshold will be R211,596.30 per annum with effect of 1 March 2021. 

Crypto assets – a new financial product? 

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On 20 November 2020, the Financial Sector Conduct Authority (FSCA) published a draft Declaration (Draft Declaration) and a statement in support thereof which sets out its proposal to bring crypto assets within the ambit of the definition of 'financial product' in Section 1 of the Financial Advisory and Intermediary Services Act 37 of 2002 (FAIS Act).

No enquiry before being fired – no problem!

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Labour relations and the fairness standards for dismissal of an employee in South Africa have long been centred around the formality of disciplinary or incapacity enquiry processes, and the tradition of the usage of these processes has built up an expectation that they are mandatory.  

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