Tag: Werksmans Attorneys

Pursuant to a circular published by the Council of Medical Schemes (CMS) on 26 March 2020 (the Circular), declaring COVID-19 a prescribed minimum benefit, as that term is defined in the Medical Schemes Act No. 131 of 1998 (MSA), the Minister of the Health has amended the MSA to align with the Circular. 

One day after the declaration of the lockdown, the Mpumalanga High Court was approached on an urgent basis by Mr Karel Willem van Heerden (the applicant). The Applicant sought the Court's permission, despite the President's declaration of the lockdown and the various travel bans that have been implemented as a result thereof, to travel to the Eastern Cape in order to support his mother at the funeral of his late grandfather.

On 9 April 2020, the Government issued Notice 43224, Regulation 459, effective as of 9 April 2020 which provides directions regarding the operation of Essential Service Call Centres during the Lockdown Period. 

The Compensation Commissioner published, by way of Government Gazette, a ‘Notice on Compensation for Occupational-Acquired Novel Corona Virus Diseases (COVID-19). The Notice came into effect on 23 March 2020. In order to qualify, the occupational acquired COVID-19 disease (OACD) must have been contracted by an employee in the course of his or her employment.

The South African Revenue Service (SARS) has taken several precautionary measures in response to the risk of infection from COVID-19 which are aligned with and are in support of the initiatives implemented by the Department of Health.

Let us not doubt the fact that cybercriminals are looking to exploit the spread of Coronavirus to conduct cyberattacks and drive hacking campaigns.

The Pretoria High Court has ordered the cancellation of many trade marks in the name of LA Group (Pty) Limited, including for POLO and logos which include a polo player and pony.  The court found that the marks were not distinctive and do not function as a badge of origin.    

POPIA, the Protection of Personal Information Act, is to come into full effect this year, on 1 April 2020.

A recent case decided by the South African High Court has examined the curious interplay of an employee's rights as they arise from both the written contract of employment and, at the same time, labour legislation. Although the judgment may at first seem confusing, a careful analysis of its outcome sheds light on how these parallel sources of the parties rights and obligations operate in conjunction.

On 23 December 2019 a proclamation was published in terms of which sections 1, 2, 3, 4, 5, 6, and 7 of the Labour Laws Amendment Act 10 of 2018 (LLAA) became effective as of 1 January 2020.