What constitutes a strike involving essential service workers?
employment
08 Jun 2020BY 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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How can firms balance imperatives of layoffs and employment equity?
employment
05 Jun 2020BY 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)
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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Long awaited OTC Margin Rules are now final
banking and finance
04 Jun 2020BY Kelle Gagné
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
Africa regulatory and business intelligence
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
dispute resolution
03 Jun 2020BY 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 2020BY 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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Distressed M&A: You do not have to sell cheaply, but you must move quickly
private equity
02 Jun 2020BY 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?
intellectual property (IP)
02 Jun 2020BY 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
intellectual property (IP)
02 Jun 2020BY 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”
intellectual property (IP)
02 Jun 2020BY Gerard du Toit
The long-running Skykick saga recently reached its conclusion.
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South Africa: Alert level 3
dispute resolution
02 Jun 2020BY 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 2020BY 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 2020BY 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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