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Does a bank have the power to place a customer’s account on hold?

dispute resolution

15 Jun 2020
BY Aslam Moosajee AND Shenaaz Munga

The relationship between a bank and its client is regulated by contract. If the contract provides for the account to be placed on hold under specific circumstances, the bank is within its rights to do so.
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Defending the breach: the rising costs of cyber-attacks for companies

technology, media and telecommunications (TMT)

15 Jun 2020
BY Nicole Gabryk AND Rob Scott

While incidences of cyber-attacks have been on the rise for a number of years, the outbreak of the corona virus pandemic globally, and the lockdowns imposed in many countries have let to a steep increase in cybercrime.
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Africa Business In Brief

issue 356 | 14 Jun 2020

issue 356
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South Africa: New sports regulations for alert level 3

dispute resolution

12 Jun 2020
BY Aslam Moosajee AND Joshua Davis

Difficulties relating to sport in level 3 been addressed in a new set of regulations, which were issued by Minister Mthethwa on 11 June 2020.
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SAA and Mr O’Sullivan settlement

11 Jun 2020

ENSafrica | statement
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Uganda Tax Appeals Tribunal rules on withholding tax due on accrued interest

tax

09 Jun 2020
BY Celia Becker

On 26 May 2020, the Uganda Tax Appeals Tribunal (“TAT”) in the case of ATC Uganda Limited (“ATC”) vs Uganda Revenue Authority (“URA”) ruled on when an obligation for withholding tax arises and when an amount is deemed to be “paid”.
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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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SCA takes firm approach to PAIA request refusals by public bodies

dispute resolution

09 Jun 2020
BY Aslam Moosajee AND Vishana Makan

A recent SCA judgment is a reminder to public bodies to diligently apply themselves when considering PAIA requests and that they bear the onus of proving that these fall within one of the recognised grounds set out in PAIA for a refusal.
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SCA: a reminder that court orders must be construed in context

dispute resolution

09 Jun 2020
BY Aslam Moosajee AND Joshua Davis

A recent South African SCA case concerning the correct interpretation of a court order is a helpful reminder that, as with all legal documents, a court order cannot be understood apart from its context.
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ENSafrica: Coronavirus (COVID-19) legal update

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

issue 8
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tax in brief | issue 47

tax

09 Jun 2020

tax in brief | issue 47
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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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Draft conditions for pension funds’ use of derivatives published for comment

banking and finance

09 Jun 2020
BY Kelle Gagné

On 8 June 2020, the FSCA published a draft conduct standard titled “Conditions for Investment in Derivative Instruments for Pension Funds", by which the FSCA would regulate the parameters for pension funds to enter into derivative transactions.
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What constitutes a strike involving essential service workers?

employment

08 Jun 2020
BY Hlengiwe Mahlangu

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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