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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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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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ENSafrica: Coronavirus (COVID-19) legal update

Coronavirus (COVID-19) issue 7 | 02 Jun 2020

issue 7
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South Africa: Regulation of sport under alert level 3

29 May 2020

new regulations issued under alert level 3 are ambiguous in terms of what sports are permitted
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South Africa:Alert level 3: special arrangements for learners or students at schools or institutions of higher learning

29 May 2020
BY Aslam Moosajee

Students to require a certificate to travel to their institute of learning
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South Africa: alert level 4 – back to work with strings attached

employment

26 May 2020
BY Nils Braatvedt AND Shivani Moodley

We look at some of the key obligations arising from the Regulations from an employment perspective.
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South Africa: the SCA provides guidance on interpretation of contracts and vis major

dispute resolution

19 May 2020
BY Aslam Moosajee AND Joshua Davis

The ongoing lockdown means that we will likely see an increasing number of cases in which the defence of vis major is relied upon.
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South Africa: B-BBEE and disaster relief funding

dispute resolution

19 May 2020
BY Aslam Moosajee AND Joshua Davis

The Pretoria High Court held that the state, acting under the Disaster Management Act, is entitled to take B-BBEE status into account when deciding whether to award disaster relief funding to businesses in the tourism sector.
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South Africa: Life after lockdown: flexible working is here to stay

employment

19 May 2020
BY Lauren Salt AND Jessie Moore

The Alert Level 4 Lockdown Regulations and a new set of Occupational Health and Safety Directions, both published on 29 April 2020, have presented employers with an opportunity to formalise flexible working arrangements.
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South Africa: COVID-19 – a new chapter in state sovereignty over natural resources?

natural resources and environment

19 May 2020
BY Edwin Berman AND Ntsiki Adonisi-Kgame

Will COVID-19 usher in a new chapter in the development of the sovereignty principle?
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