Draft Vertical Restraints Regulations published in the Government Gazette for comment
04 Jun 2024
BY Lizél Blignaut , Aidan Scallan AND Macalen Chetty
The DTIC published the draft Vertical Restraints Regulations on 3 June 2024, which are open for public comment.
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Adjudicator duties in terms of the Community Schemes Ombud Service Act
03 Jun 2024
BY Aslam Moosajee AND Zameer Omar
In a recent case, the Johannesburg High Court overturned an Adjudicator's decision under the Community Schemes Ombud Service Act, 2011 ruling that the Adjudicator had neglected relevant evidence and misapplied the law.
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Africa Business In Brief
issue 548 | 02 Jun 2024
issue 548
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Kenya: The Statute Law (Miscellaneous Amendments) (No. 2) Bill, 2023 signed into law: anticipated key changes to various laws
28 May 2024
BY Nigel Shaw , Pooja Rehal AND Duane Wekesa
The Statute Law (Miscellaneous Amendments) (No. 2) Bill, 2023 was assented into law on 24 April 2024 and came into force on 26 April 2024 upon gazettement in the Kenya Gazette
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The legal paths and pitfalls of mass dismissals: the interplay between misconduct, poor performance and retrenchments. What route can an employer take?
28 May 2024
BY Naa’ilah Abader
Employers facing collective poor work performance will have to tread carefully and explore the avenues of misconduct, poor performance and operational requirements
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Unprotected strikes – Can employees raise provocation as a defence?
28 May 2024
In South Africa, participating in an unprotected strike is misconduct that can lead to disciplinary action, but item 6 of the Code of Good Practice: Dismissal states that dismissal is not always justified
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Procedural fairness in large scale retrenchments: Key takeaways from Regenesys Management v Ilunga
28 May 2024
The Labour Relations Act (“LRA”) distinguishes between what can be termed “large scale retrenchments,” regulated by sections 189 and 189A of the LRA, and other retrenchments termed “small scale retrenchments,” regulated by section 189
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Have South African courts evolved in their consideration of the necessity of commissioning and deposing affidavits?
28 May 2024
BY Wandile Ndabambi AND Matthew Pistorius
This article examines the evolving stance of South African courts on the virtual commissioning of affidavits, highlighting recent case law and the need for potential regulatory updates to accommodate technological advancements
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Failure to serve summons on the Minister in terms of s2(2)(a) of the State Liability Act did not nullify the summons
28 May 2024
BY Aslam Moosajee AND Olonathando Nxumalo
In Minister of Police v Miya, the Supreme Court of Appeal ruled that failing to serve a summons on the Minister as required by the State Liability Act does not nullify the summons if the Minister is aware of and participates in the proceedings
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Tax in Brief
28 May 2024
tax in brief | issue 122
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Elevated Bribery and Corruption risks around General Elections
28 May 2024
BY Steven Powell
While 2024 is a record year for elections, there is also an elevated bribery and corruption risk for private sector firms.
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Fostering corporate accountability: transparency in political party donations
28 May 2024
BY Andrew Keightley-Smith AND Raaid Fayker
Amidst the fervour of campaigning and political litigation, a crucial aspect of the electoral process often remains veiled: political party funding.
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What does a Third Party Due Diligence process typically look like?
28 May 2024
BY Roy Gillespie , Suad Jacobs AND Jimmy Helm
Previously, we discussed the importance of third-party due diligence processes. In this article, we offer suggestions, drawn from best practice guidelines, on establishing an effective TPDD process.
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Lesotho’s updated Labour Act – Promoting fair labour practices and equitable employment relations in line with global standards
28 May 2024
Lesotho's new Labour Act, 2024, which came into force on 2 April 2024, consolidates all labour and employment laws, replacing the Labour Code Order, 1992 and introduces significant changes.
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Africa Business In Brief
issue 547 | 26 May 2024
issue 547
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