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COVID-19 legal update banner Africa icon
Coronavirus (COVID-19) | legal update
issue 7 | 02 Jun 2020

level 3 of lockdown has arrived in South Africa

Now what?

Level 3 is undoubtedly introducing a few major changes across the country. Here is a general summary of all the salient features of the new level 3 lockdown regulations. Separately, Lauren Salt, Kerry-Anne do Couto and Jessie Moore (ENSafrica | Employment) explain what employers need to know about reopening their businesses. Aslam Moosajee and Joshua Davis (ENSafrica | Dispute Resolution) also comment on the regulations pertaining to commuting to schools and institutions of higher learning (click here) and on the resumption of professional sport (click here).

banking and finance

South Africa: CIS exemption relating to sale and repurchase obligations

As part of its reaction to the COVID-19 pandemic, the Financial Sector Conduct Authority (“FSCA”) has issued a broad exemption to managers of collective investment schemes in securities. Managers may now temporarily suspend their obligations relating to the creation, issue, sale and repurchase of participatory interests in a portfolio if, due to the exceptional circumstances caused by the spread of COVID-19, it is in the interest of investors in the portfolio to do so. Follow this link to read a high-level overview of the exemption – prepared by Johan Loubser and Jessica Blumenthal (ENSafrica | Banking and Finance).


South Africa: Are employment equity targets a fair retrenchment selection criterion?

In this commentary, Lauren Salt and Jessie Moore (ENSafrica | Employment) consider whether employers, when selecting employees for retrenchment in the face of COVID-19, are entitled to take into account of the need to meet their employment equity targets. They also touch on what happens if, as a result of implementing a retrenchment, an employer’s existing employment equity targets are no longer achievable.


South Africa: The arguments for and against COVID-19 related insurance coverage

Rob Scott and Zara Sher (ENSafrica | Dispute Resolution) provide useful insight into some of the burning issues around procuring insurance coverage for COVID-19 related losses.

The South African Government is posting all legislative resources here.