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| KAGISO MAHLANGU Shopping centres and large retail outlets are bleeding. With most having to keep their doors closed during the lockdown period, revenue has slowed to a trickle... read |
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| HELLEN NDLOVU The banning of alcohol sales during lockdown was initially intended to help protect communities, but reality has set in and the outcomes remind us of costly lessons learned...read |
| | CHEVANEV CHARLES AND DERRICK OKADIA Although the issue of responsibility of repatriation has been largely settled, a serious debate has been sparked on whether ship owners are liable to pay for the necessary quarantine costs in the home state of repatriated seafarers...read |
| | SAFIYYA PATEL & JAYSHALL VASSEN At the same time as grappling with a nationwide lockdown to curb the spread of Covid-19, South Africa's credit rating was also downgraded to below investment grade by Moody's...read |
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| | | The Department of Basic Education has welcomed a judgment by the Limpopo High Court dismissing an application seeking to halt the department's proposed re-opening of schools on 1 June... Read |
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Corporate & Commercial Law |
| A pharmacy based in KwaZulu-Natal has admitted to excessive pricing of face masks in a consent agreement with the Competition Commission... Read |
| RAPHAEL CHITAMBIRA Since the passing of the Companies Act, 2008 (Companies Act) in May 2011 it is no longer possible to register a close corporation (CC). However, the Companies Act allows a CC that existed prior to 1 May 2011 to continue to exist or to convert to a private company... Read |
| JJ VAN DER WALT WITH JOHN BELL In a recent Supreme Court of Appeal (SCA) judgment, the SCA decided on whether the label attached to, and the terminology used in, a contract determined its nature and, if so, what the consequence would be in the context of impossibility of performance... Read |
Human Rights Law |
| TANVEER JEEWA Last month a court order was sought to declare the lockdown regulations unconstitutional to the extent that they prohibit congregational worship... Read |
Labour Law |
| NANCY COULSON & NICOLA CHRISTOFIDES South Africa was put under strict social and economic lockdown on 26 March. By the end of April the government announced that it was easing some of the restrictions. This included allowing certain key sectors to begin operations once again. One of them was mining... Read |
| WESSEL BADENHORST AND CHRIS REY On Friday, 8 May 2020, the Labour Court upheld an urgent application by Numsa and the SA Cabin Crew Association (the Unions) against South African Airways (SAA) and its business rescue practitioners (BRPs) and ordered that it was procedurally unfair to retrench employees before a business rescue plan contemplating such retrenchments was published and adopted... Read |
Land & Property Law |
| NAZREEN SEKAO PANDOR AND PETER SETOU The outbreak of the coronavirus (Covid-19) and the implementation of the nationwide lockdown may have deferred the land reform programme... Read |
Law Practice |
| Law For All, a company dedicated to fighting for equality and justice, calls on South Africa's creative minds and wordsmiths to enter a competition to help imagine a future world where everyone has access to justice and legal recourse. The winner will walk away with a R10,000 cash prize... Read |
| ROXANNE VAN ROOYEN AND MICHELLE DAVID People unable to work due to the pandemic may be looking to access their pension credits in this time of financial hardship. The position in South Africa remains that a member cannot access their pension benefits while they are still in service. Several other countries have however included, as part of their economic relief packages, measures targeting the assets of pension funds... Read |
Medical Law |
| CLEA RAWLINS Discovery Ltd (Discovery) is the sole shareholder of two companies: Discovery Life and Discovery Vitality (all three parties were the applicants). Discovery Life offers insurance and related cover, while Discover Vitality is primarily a wellness and rewards programme... Read |
Tax Law |
| JUANITA VAN DER MERWE As part of the second phase economic response to the Covid-19 pandemic, National Treasury has published another draft bill to formalise the tax relief measures available to small businesses. The draft legislation aims to clarify several matters which were previously the subject of uncertainty and introduces additional tax measures... Read |
| ANNE BENNETT, DONALD FISHER-JEFFES AND NEO PENN Under South African domestic law, a company will be tax resident in SA if it is incorporated in SA or has its "place of effective management" in SA... Read |
Africa |
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| RODRIGO OLIVARES-CAMINAL Africa is home to 41 of the International Monetary Fund's 59 Low Income Countries. These are more structurally vulnerable to external shocks such as Covid-19... Read |
| SHAHEEN MEHTAR, LUCILLE BLUMBERG, MARC MENDELSON Many countries, including South Africa and Nigeria in Africa, are moving to make it mandatory to wear non-medical cloth masks when people are outside their homes... Read |
Business |
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| At the beginning of March few anticipated the significant impact the Covid-19 pandemic would have on the lives of all South Africans... Read |
| Drones can be useful in the battle against Covid-19 if it is used correctly. China's healthcare industry is an example of the successful implementation of drones against the virus... Read |
| Female entrepreneurs are being called to join the Top Tech Tools for Women in Business programme for 2020... Read |
| EVAN-LEE COURIE Gareth Price and Chris Bruchhausen shares how the coronavirus has had an impact on Investmint, an online platform connecting businesses in need of a loan... Read |
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