Tag: Werksmans Attorneys
AI gaining traction in farming
Adding value one industry at a time, artificial intelligence (AI) is proving to be a fundamental tool in advancing technologies and enhancing various aspects of businesses all around the world. The agriculture industry is no exception. AI farming, also known as smart farming is gaining traction as many farmers have embraced a range of innovative AI-driven instruments.
“Seismic ruling” – financiers cannot vote on a business rescue plan
Should post-commencement financiers have a vote on business rescue plans? A critical look at Wescoal Mining (Pty) Ltd & Another versus Mkhombo NO & Others (2023-079991) [2023] ZAGPJHC 1097 (2 October 2023). On 2 October 2023 Judge Wilson of the Gauteng Division of the High Court of South Africa endeavoured to ascribe a meaning to the undefined term "creditor" in Chapter 6 of the Companies Act 71 of 2008 (the Companies Act).
Creditors now empowered to apply to declare directors delinquent
Dr Eric Levenstein | Director | Head of Insolvency and Business Rescue | Werksmans Attorneys | mail me |
On 2 August 2023, I published an article titled "The...
Legal due diligence for PE transactions
Local and cross-border private equity (PE) investors continue to support the growth and development of companies in South Africa and the economy. With an increase in the establishment of PE funds both globally and in South Africa, as well as their appetite for investing in emerging markets, keeping track of the approach of PE funds and M&A lawyers to legal aspects surrounding PE deal-making is becoming increasingly important.
The validity, enforceability and settlement of restraint of trade undertakings
In many cases when employers hire executive level, management or key employees, there is a recognition that these hires can impact the success of the business, due to the individual's recognition in their industry, or knowledge and experience, or client and customer relationships, or a combination of all of these qualities.
Comments called for on the Electronic Communications Amendment Bill
The Electronic Communications Amendment Bill, 2022 (the Bill), has been published for comment and aims to introduce an array of significant amendments to the Electronic Communications Act 36 of 2005 (ECA).
Enforcement notice issued against the SAPS
It was with great shock that the South African society learned about the rape of several women near Krugersdorp in July 2022. But what was more worrisome was the shock of the victims upon realising that their personal details such as names, residential addresses and occupations appeared on social media platforms!
Two pots of gold – about the “two-pot” retirement system
The proposed "two pot" retirement system would allow people to have the best of both worlds – early access to a portion of their retirement funds, should it be necessary, while still preserving a significant portion for when they retire. The changes are set to take effect on 1 March 2024, but without further draft legislation being published in February, there are concerns that industry players will not have time to implement changes to meet this deadline.
Think you are entitled to severance pay? Think again
Section 41(4) of the Basic Conditions of Employment Act 75 of 1997 (BCEA) relieves an employer of the duty to pay severance pay in circumstances where the employee who is dismissed for operational requirements “unreasonably refuses to accept the employer’s offer of alternative employment with that employer or any other employer”.
ChatGPT – yet another hurdle for data privacy?
ChatGPT is an OpenAI developed artificial intelligence (AI) chatbot which has been programmed to have advanced conversational capabilities. This means that the chatbot can answer questions and assist users with composing essays, emails and even writing code in response to certain inputs.