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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What constitutes a strike involving essential service workers?
08 Jun 2020
In a recent South African Labour Court decision, an employer sought to interdict collective action undertaken by members of DEMAWUSA on the basis that the members provided an essential service and that their strike was in contravention of the LRA.
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Africa Business In Brief
issue 355 | 07 Jun 2020
issue 355
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How can firms balance imperatives of layoffs and employment equity?
05 Jun 2020
BY Lauren Salt AND Jessie Moore
The detrimental effects of coronavirus and lockdown have forced many employers to consider retrenchment to stay afloat.
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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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Long awaited OTC Margin Rules are now final
04 Jun 2020
Almost exactly five years after the Financial Services Board released the first draft board notice on margin requirements for derivatives, the long awaited final “OTC Margin Rules” have been published.
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Africa regulatory ENSight
issue 5 of 2020 | 03 Jun 2020
issue 5 of 2020
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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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Distressed M&A: You do not have to sell cheaply, but you must move quickly
02 Jun 2020
BY Justin Balkin AND Tony Lee
In the coming months, we expect to see more distressed M&A resulting from companies being pressured by creditors to divest assets to pay down debt and avoid going into business rescue (or liquidation) or to fund ongoing operations.
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Business failure: what happens to the trade marks?
02 Jun 2020
BY Ilse du Plessis
The South African publishing industry has been hit by two bombshells, leading to speculation about the future of many much-loved magazine titles.
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Trade marks in Africa: Mozambique joins ARIPO
02 Jun 2020
BY Ilse du Plessis
The big news in African IP has been the announcement that Mozambique will be joining the ARIPO system for trade marks.
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Trade marks: don’t register them “purely as a legal weapon”
02 Jun 2020
The long-running Skykick saga recently reached its conclusion.
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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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