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POPIA enters the terrible twos

04 Jul 2023
BY Ridwaan Boda , Era Gunning AND Priyanka Raath

Whatever your current POPIA practices look like, it is important to remember that privacy compliance is an ongoing exercise. This means ongoing monitoring, review, and adaptating your compliance measures to evolving privacy requirements.
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South Africa's Electronic Communications Amendment Bill, 2022 explores spectrum sharing, licensing and competition

04 Jul 2023
BY Wilmari Strachan AND Naledi Ramoabi

The Bill proposes a number of significant changes which will have a major impact on the telecommunications regulatory landscape in SA. It is still too early to predict the extent to which all the proposed amendments will eventually become law.
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Should South Africa mind the (gender pay) gap?

04 Jul 2023
BY Lauren Salt

For at least the last decade, there has been a global focus on gender pay parity and gender pay gap transparency with a number of countries introducing gender pay audit and/or reporting requirements.
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Section 34 deductions: can salaries erroneously paid to striking employees be recouped?

04 Jul 2023
BY Irvin Lawrence , Ferosa Kirsten AND Ehigie Okojie

This judgment serves as a reminder to employers to ensure that any deduction from an employee’s remuneration is based on an agreement with an employee or is permitted by law, a collective agreement, a court order, or an arbitration award.
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Enforcing Labour Court orders despite a pending appeal

04 Jul 2023

When it comes to applications to review an arbitration award issued by a CCMA commissioner, common law principles state that the operation of the award is suspended and cannot be enforced until the review is complete.
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SA Court rules that Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 does not apply to student accommodation

04 Jul 2023
BY George van Niekerk AND Darren Swartz

The SCA held that student accommodation does not qualify as a “home” under section 26(3) of the Constitution and therefore PIE does not apply to accommodation made available to students.
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Africa regulatory round-up | edition 2

04 Jul 2023
BY Celia Becker , Eric le Grange , Rachel Musoke , Amina Abugdanpoka Kaguah AND Nigel Shaw

Powering change: Unbundling Eskom and deregulating the electricity generation sector in South Africa: Lessons from five other African countries
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Competition Tribunal dismisses LPG Cylinder Exchange Programme price fixing allegation

04 Jul 2023

Despite the Respondents’ success in this matter, it is important to remember that firms that contravene section 4 of the Competition Act may be liable for, amongst other things, an administrative penalty of up to 10% of their annual turnover
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Africa Business In Brief

issue 503 | 02 Jul 2023

issue 503
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Introducing ENSafrica’s Investing in Africa webinar series

27 Jun 2023
BY Celia Becker

We’ll be analysing the risks and opportunities across various jurisdictions in Africa.
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Share loans and repos: a South African tax perspective

27 Jun 2023
BY Michael Reifarth

Although the overall economics of share loans and repos may be comparable in certain instances, the legal nature of these transactions and the South African tax implications arising in respect of these transactions are quite different.
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Exchange control contraventions – what to do?

27 Jun 2023
BY Nicolette Smit

From time to time, inadvertent exchange control contraventions crop up and it is important for the relevant parties to assess the implications and the potentially serious consequences of the contravention.
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Settlement agreements – have you considered the VAT implications?

27 Jun 2023

Failure to apply one’s mind to the settlement agreement, may result in a loss being realised in the hands of the payee as the payor may request a tax invoice from the payee in order to claim an input tax deduction on the payment made.
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Africa tax in brief

27 Jun 2023
BY Celia Becker

The latest tax news and developments across Africa
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The diversification of the energy mix in the extractives industry: opportunities and incentives

27 Jun 2023
BY Stefanie Busch

The shift towards alternative energy sources presents a unique opportunity for South Africa and Namibia to strengthen their economies through stable energy supply, while still managing the environmental impact.
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