South Africa: DA launches application to declare section 27 of the Disaster Management Act unconstitutional and invalid
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: Zoom and section 189 consultations
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)
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
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
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
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
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?
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
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
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
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
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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