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ENSafrica: Coronavirus (COVID-19) legal update

Coronavirus (COVID-19) issue 10 | 30 Jun 2020

issue 10
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South Africa: Pretoria High Court rules the state must consider race when awarding COVID-19 relief funding to SMMEs

dispute resolution

25 Jun 2020
BY Aslam Moosajee AND Joshua Davis

On 19 June 2020, the Pretoria High Court handed down judgment in Democratic Alliance v President of the Republic of South Africa and Four Others
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South Africa: Coronavirus (COVID-19) | financial services during level 3

banking and finance

19 Jun 2020
BY Roger Rudolph , Angela Itzikowitz , Aslam Moosajee , Jessica Blumenthal , Johan Loubser AND Metumo Shilongo

This article focuses specifically on the financial services industry under level 3 with reference to the regulations made under the Disaster Management Act, 2002 on 29 April 2020.
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South Africa: litigating during alert level 3 and contact details for the Johannesburg High Court

dispute resolution

17 Jun 2020
BY Aslam Moosajee AND Vishana Makan

On 1 June 2020, the Minister of Justice and Correctional Services issued directions to address, prevent and combat the spread of the Coronavirus (COVID-19) in all courts, court precincts and justice service points in South Africa during alert level 3
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South Africa: government opposes the DA’s application to declare section 27 of the Disaster Management Act unconstitutional and invalid

dispute resolution

17 Jun 2020
BY Aslam Moosajee AND Shenaaz Munga

The DA requests the Constitutional Court to pronounce that any declaration of a national state of disaster and any regulation or direction made or issued under section 27(2) should be laid before parliament by the COGTA Minister.
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ENSafrica: Coronavirus (COVID-19) legal update

Coronavirus (COVID-19) issue 9 | 17 Jun 2020

issue 9
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South Africa: DA launches application to declare section 27 of the Disaster Management Act unconstitutional and invalid

dispute resolution

09 Jun 2020
BY Aslam Moosajee AND Shenaaz Munga

In this application, the DA seeks leave from the Constitutional Court for direct access in terms of section 167(6)(a) of the Constitution read together with Rule 18 of the Constitutional Court Rules.
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ENSafrica: Coronavirus (COVID-19) legal update

Coronavirus (COVID-19) issue 8 | 09 Jun 2020

issue 8
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South Africa: Zoom and section 189 consultations

employment

09 Jun 2020
BY Brian Patterson AND Shivani Moodley

This judgment reflects that our courts are taking judicial notice of a new normal that has emerged as a result of the COVID-19 pandemic.
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South Africa: Consolidated COVID-19 Direction on Health and Safety in the Workplace (for industries outside mining) 

mine and occupational health and safety

05 Jun 2020

On 4 June 2020, Notice R.639 was published in Government Gazette No. 43400, in terms of which the Minister of Employment and Labour issued a Consolidated COVID-19 Direction.
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South Africa: Commentary on Pretoria High Court judgment declaring the lock-down regulations invalid

dispute resolution

03 Jun 2020
BY Aslam Moosajee AND Joshua Davis

On 2 June 2020, Judge Norman Davis handed down judgment declaring the regulations promulgated in terms of section 27(2) of the Disaster Management Act, 2002 unconstitutional and invalid.
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South Africa: COVID-19 related insurance claims and coverage: the arguments for and against coverage

Insurance

02 Jun 2020
BY Rob Scott AND Zara Sher

The outbreak of the Coronavirus (COVID-19) pandemic has raised a lot of questions around insurance coverage in relation to COVID-19 related losses, exposures and liabilities.
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South Africa: Alert level 3

dispute resolution

02 Jun 2020
BY Aslam Moosajee

In this note, we provide an overview of various salient features of the newly issued regulations.
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South Africa: CIS exemption relating to sale and repurchase obligations

banking and finance

02 Jun 2020
BY Jessica Blumenthal AND Johan Loubser

On 11 May 2020, issued a broad exemption to managers of collective investment schemes in securities permitting them to suspend the creation, issue, sale and repurchase of participatory interests in certain circumstances.
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South Africa: Employment equity goals and targets as retrenchment selection criteria: fair and objective or a no-go?

employment

02 Jun 2020
BY Lauren Salt AND Jessie Moore

In the face of COVID-19, employers must not forget their legal obligations particularly in respect of workplace transformation.
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