Webber Wentzel Insights

General (Mining) Laws Amendment Bill, 2026

On 7 August 2026, the Department of Justice and Constitutional Development published the draft General (Mining) Laws Amendment Bill, 2026 (the Bill) for public comment.

All about the frequency: ICASA's 2026 spectrum overhaul explained

South Africa's spectrum landscape is shifting. Between April and July 2026, the Department of Communications and Digital Technologies (the DCDT) published the Electronic Communications Amendment Bill, 2026 (the ECAB) and the Independent Communications Authority of South Africa (ICASA) published a series of draft and final notices in the Government Gazette.

From inspection to liability: When an identified risk is not addressed

In delictual claims against municipalities arising from an alleged failure to undertake proper maintenance within their area of jurisdiction, maintenance and inspection records often play a central role in determining liability. This was illustrated in the recent decision of Kgadi v Polokwane Local Municipality (1545/2020) [2026] ZALMPPHC.

Time is running out: New Physical Agents and Noise Exposure Regulations take effect on 6 September 2026

Dismissal as risk management: Labour Court confirms safety failures justify dismissal

In Seriti Coal v CCMA and Others , the Labour Court confirmed that strict compliance with health and safety legislation is mandatory in high-risk workplaces and that supervisors bear direct and non-delegable responsibility for occupational health and safety compliance, and that dismissal is a lawful and appropriate response where that responsibility is neglected.

Essential services designations: What the ESC's latest investigations mean for mining, water and waste

The Essential Services Committee is investigating whether waste management services, the supply of hazardous water treatment and purification chemicals, and lamproom safety functions in mining should be designated as essential services under the Labour Relations Act.

Webber Wentzel and Linklaters to conclude alliance in November

Webber Wentzel and Linklaters today announce that they have mutually agreed to end their alliance in November 2026 after 13 years.

How long will your visa or permit take? Home Affairs releases official 2026/2027 processing times

On 27 June 2026, the Department of Home Affairs (DHA) took a step towards greater transparency in South Africa's immigration system by issuing Immigration Circular No 08 of 2026 (the Circular). For the first time, the DHA has formally published the official performance targets and turnaround times for visa, permit, waiver and appeal applications for the 2026/2027 performance cycle.

Corruption may just get more expensive what the PRECCA Amendment Bill means for you

South Africa has been fighting corruption with legislation that, frankly, lacked teeth. The Prevention and Combating of Corrupt Activities Act 12 of 2004 (PRECCA) has long been the cornerstone of the country's anti-corruption framework — criminalising bribery, fraud and a broad range of corrupt conduct in both the public and private sectors. The law was there. The convictions, historically, were not. That is rapidly changing.

Mine Health and Safety Amendment Bill [B10-2026]: Another opportunity to submit comments

Parliament has opened a fresh public participation period on the Mine Health and Safety Amendment Bill (the Bill). The period for submitting written comments and requesting an opportunity to make oral submissions closes on 22 August 2026.

When the key person leaves: What financial services businesses need to know about restraints of trade

When a senior advisor or executive walks out the door, especially to join a competitor, your restraint of trade clause is often the only thing standing between you and serious commercial damage. Here is what recent South African case law tells us about what works, what does not and what you need to do now.

Have you asked the "parents" for permission: Section 115(2)(b) approval?

Parties generally remember that a company may not implement any of the following transactions, unless the transaction has been approved by a special resolution of the relevant company's shareholders:

When silence speaks: Evidentiary burdens and the limits of res ipsa loquitur in medical negligence claims

In the recent Supreme Court of Appeal judgment in MEC for Health of the Gauteng Provincial Government v CBM (1482/2024) [2026] ZASCA 80 (28 May 2026), the court was required to determine whether the medical staff of a public hospital had been negligent in their treatment of a patient who suffered a severe post-partum haemorrhage (PPH) during a caesarean section, ultimately necessitating a total abdominal hysterectomy.

Who was in the room? Locum doctors, delictual liability and defective pleadings

The use of locum doctors is a well-established feature of medical practice, enabling practitioners to manage workloads and ensure continuity of care. However, as a recent judgment of the High Court (Eastern Cape Division, Mthatha) illustrates, the involvement of a locum in a patient's treatment introduces legal complexities that demand careful attention.

(A)I rest my case: AI and the future of online dispute resolution

The promise of Online Dispute Resolution (ODR), powered by artificial intelligence, is compelling: faster resolution, lower cost, greater consistency, and a process that scales. But before any corporate legal team rests its case in favour of AI-enabled ODR, it is worth understanding exactly what it is, where it works, and where it can go wrong.

Constitutional Court clarifies when interest accrues on awards of general damages

Does interest on an award of general damages accrue from the date of demand or the service of summons, or does it accrue only from the date a court quantifies the award? Despite its practical significance, this question has remained unresolved in civil litigation for many years.

Constitutional Court confirms Vat zero-rating does not apply to recycled or second-hand gold

The Constitutional Court has handed down a unanimous judgment that definitively settles the VAT treatment of gold supplied to the South African Reserve Bank (SARB), the South African Mint Company (SA Mint) and registered banks.

Cash is still king: The SARB's Cash Smart Strategy

In a fast-evolving digital payments landscape, cash still continues to play a critical role in the South African economy.

No more waffling: Belgian Court hands banks a hard ruling on fraud

For years, banks have held the stronger hand in fraud disputes. A Belgian court has just reshuffled the deck. On 26 May 2026, the presiding judge of the Antwerp Business Court handed down what banking law specialists are already describing as a groundbreaking decision.

When fine print becomes foul play: Unconscionable conduct

The National Consumer Commission’s recent referral of FlySafair to the National Consumer Tribunal found that FlySafair’s conduct contravened several core provisions of the CPA, including those regulating unconscionable conduct.

Delictual exposure in road maintenance failures

Driving on South African roads often feels like a constant game of dodging potholes. When that game turns catastrophic, the question that arises is who bears the duty of reasonable steps to prevent such harm?

The SCA's analysis of causation in suicide

In a recent judgment handed down on 21 May 2026, the Supreme Court of Appeal (SCA) considered whether the Road Accident Fund (RAF) may be held liable for a dependant's loss of support claim where a deceased person, having suffered injuries in a motor vehicle accident, subsequently commits suicide.

Cabinet backs landmark immigration policy to balance growth, security, and sovereignty

The South African government has taken a major step toward overhauling the country’s civic and immigration systems following Cabinet’s approval of the Final Revised White Paper on Citizenship, Immigration, and Refugee Protection.

Non-disclosure as fraudulent misrepresentation in contract negotiations

Silence is often perceived as harmless, but in the realm of contractual negotiations it can be as misleading and damaging as an outright lie.

The Allocation of Seats on a Municipal Executive Committee: "Fixed for Term or Up for Grabs?" – Recent Developments

With the next municipal elections fast approaching, the Supreme Court of Appeal (the SCA) delivered a timely judgment in the case of The Municipal Manager of the Umdoni Local Municipality and Others v S Sookhraj and Another (1057/2024) [2026] ZASCA 65 (6 May 2026) (Umdoni), bringing much-needed certainty to the realm of local government structures.

Dismissal of an action for delay in its prosecution

The High Court has an inherent power to dismiss an action on account of a delay in its prosecution by the plaintiff. This power is exercised sparingly and only in exceptional circumstances, as it seriously impacts the plaintiff's constitutional and common-law right to have a disputed adjudicated in court by means of a fair trial.

Why diesel rebate claims are lost on compliance documents

Four recent judgments show SARS targeting compliance failures rather than the underlying activity.

Arbitration clauses are not boilerplate

Most people involved in negotiating, delivering or managing an energy or infrastructure project will never read the 2026 Arbitration Rules of the International Chamber of Commerce (the 2026 ICC Rules). They may not need to. But they do need to understand what their dispute resolution clause does when something goes wrong.

The National Dust Control Regulations, 2026: What's changed and what you need to do

On 31 March 2026, the Minister of Forestry, Fisheries and the Environment published the National Dust Control Regulations, 2026 (2026 Regulations) under the National Environmental Management: Air Quality Act, 2004 (NEMAQA), replacing the 2013 National Dust Control Regulations (2013 Regulations) with immediate effect.

Coming to a municipality near you: The power to enforce environmental duty of care obligations

Since June 2023, when most of the 5th General Environmental Laws Amendment came into force, South Africa’s environmental enforcement landscape has changed in ways businesses cannot afford to ignore.

AfCFTA's ISDS crisis: Unpacking the impasse and what must come next

On 19 February 2023, African Union Heads of State adopted the Protocol on Investment to the African Continental Free Trade Area Agreement (AfCFTA), a landmark instrument designed to transform the continent's fragmented, bilateral treaty-governed investment landscape into an Africa-centred legal framework for trade and investment.

The email your non-variation clause didn't sign up for

Is your standard non-variation clause as watertight as you think? With the prevalence of electronic communication in everyday business, agreements are increasingly being amended or cancelled, whether intentionally or inadvertently, through digital exchanges.

Register or face prosecution: The 90-day water deadline every business needs to know about

On 24 April 2026, the Minister of Water and Sanitation published Government Notice 7408, requiring all unregistered water users to register within 90 days of publication, placing the deadline at approximately 23 July 2026.

Disclosure obligations in the context of cross-border directorships

Section 75 of the Companies Act (the Act) provides that if a director has a personal financial interest (PFI), or knows that a related person has a PFI, in a matter to be considered at a board meeting, that director must disclose that interest and must subsequently recuse themselves from consideration of the relevant matter.

Wired for conflict? The circuit breaker you installed and never switched on

Africa is wiring up for an energy revolution, but an overlooked fault is tripping the circuit. Dispute risk is quietly draining returns, derailing commissioning timelines and sending a chilling signal to the market. Every year, billions of dollars of African energy infrastructure investment lose power in the same place: the arbitration hearing room.

Confidential medical records and the class action: Lessons from the listeriosis litigation

The recent judgment in Ngobeni and Others v National Health Laboratory Service and Others, arising from the ongoing listeriosis class action against Tiger Brands, provides important guidance on the disclosure of confidential medical information and the interplay between privacy rights and access to justice.

Threats of defamation should not derail workplace disciplinary processes

When an employee is accused of sexual harassment and disciplinary action looms, it is not uncommon for the accused to threaten a defamation claim against the employer and complainant.

Certainty in transfer pricing is closer

SARS has released its much-anticipated additional guidance on the Advanced Pricing Agreement (APA) programme, complementing the legislation issued in 2023.

Ex lege and enforceable: Post-judgment interest where a court order is silent

The Supreme Court of Appeal considered two consolidated appeals arising from claims against the Road Accident Fund (RAF), addressing a single critical question: is the RAF liable to pay post-judgment interest on awarded damages where the court order is silent on the matter and can that interest be enforced through execution?

When does an accident "arise out of" employment? What every employer needs to know about COIDA claims

Under the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA), an employee is entitled to compensation where they suffer an accident that arises out of and in the course of their employment. Where that threshold is met, COIDA benefits generally replace an employee's common-law right to sue their employer for damages.

Webber Wentzel recognised at the Chambers Africa Awards 2026

Webber Wentzel is proud to announce its recognition at the Chambers Africa Awards 2026

Draft Regulations Concerning Certificate of Competency 2026: raising the bar in respect of engineering certificates of competency

The Minister of Employment and Labour has invited public comment on the Draft Regulations Concerning the Certificate of Competency, 2026 (the Draft Regulations), made in terms of section 43(1) of the Occupational Health and Safety Act 85 of 1993) (OHSA).

BGR 16 and the dividend trap: What operating companies need to know

Most operating companies that receive dividends assume that their value-added tax (VAT) position is straightforward. The business makes taxable supplies, VAT on expenses is fully deductible, and the dividend arrives exempt. Binding General Ruling (VAT) 16 (Issue 3), effective for all financial years commencing on or after 1 January 2024, changes that assumption. Importantly, BGR 16 is mandatory, unless SARS has agreed a different apportionment method.

Webber Wentzel Africa White Collar Cross Border Guide

We are proud to launch our White-Collar Crime & Forensic Investigations Guide, co-created with our trusted relationship firms across the continent.

Beyond the handover: Contractor liable despite informal handover of construction site

In Gordon v Civils 200 (Pty) Ltd [2026] ZAWCHC 188, the Western Cape High Court was required to determine whether the defendant, a construction company, remained liable in delict for injuries sustained by the plaintiff, a member of the public who fell on an uneven, sand-covered parking area where the defendant had previously performed construction works.

No second shot: Constitutional Court draws a hard line on repeat asylum claims

South Africa’s Constitutional Court has handed down a landmark ruling that reshapes the country’s refugee protection framework. In a closely contested judgement, the court found that asylum seekers whose applications have been finally rejected cannot submit a new asylum application, even if conditions in their home countries deteriorate after the original decision.

New statutory remuneration framework for companies: Effective from 22 May 2026

On 22 May 2026, President Cyril Ramaphosa proclaimed amendments to the Companies Act, 2008 (Companies Act) in respect of remuneration disclosures and the audit of remuneration reports. Section 30 has been amended and new sections 30A and 30B, establish a statutory framework for remuneration policies and remuneration reports.

South Africa's Waste Licensing rules are getting a major overhaul — here's what you need to know

South Africa's Minister of Forestry, Fisheries and the Environment has announced plans to scrap and replace the current list of waste management activities that require a waste management licence ("WML"), known as the NEMWA Listed Activities, which sets out which waste-related operations businesses cannot run without first getting a licence.

Proposed changes to section 24G fine regulations: what you need to know

On 15 May 2026, the Minister published proposed amendments to the section 24G Fine Regulations. The goal is to bring the Regulations in line with changes to the Act that have been in force since 30 June 2023.

South Africa’s payments regulatory framework: Third Draft of Authorisation Framework published for comment

The South African Reserve Bank (SARB) has published the third version of its proposed amendment to the payments regulatory framework.

Outcomes-based bonds as Africa's most powerful tool for solving the water crisis

Across the African continent, water infrastructure is under increasing strain. The compounding pressures of accelerating urbanisation, decaying legacy systems, climate change and chronic underinvestment in public infrastructure over decades mean that both the public and private sectors must urgently mobilise towards solutions.

ZEP to permanent residence: Charting the right course

There remains a degree of uncertainty as to whether holders of Zimbabwean Exemption Permits (ZEP) may access South African permanent residence (SA PR) through a dedicated or expedited process. This update confirms the current legal position. At present, no published policy, directive, or gazetted amendment establishes a dedicated route to SA PR for ZEP holders. ZEP holders wishing to obtain SA PR must transition to a mainstream temporary residence visa and qualify under the existing statutory framework.

When AI rejects insurance claims

Artificial intelligence (AI) is no longer a distant prospect for the insurance industry, it is already embedded in operations, making decisions, and generating litigation. Insurers globally are integrating AI tools into their claims processes, promising faster determinations, improved efficiency, and greater consistency.

When ignorance is no defence and tax benefit need not be obtained directly: the Constitutional Court's GAAR judgment in Absa

The Constitutional Court's judgment in Absa Bank Ltd and Another v Commissioner for the South African Revenue Service [2026] ZACC 15, handed down on 22 April 2026, is the first interpretation of the General Anti-Avoidance Rules (GAAR) in sections 80A to 80L of the Income Tax Act 58 of 1962 at this level since those provisions were introduced in 2006.

Intention to amend Evictions Act signals possible crackdown on urban illegal occupations - but has its problems

Under apartheid, illegal occupations of land were criminal offences for which offenders faced jail time. The Prevention of Illegal Squatting Act 1951 (PISA) criminalised the entry onto land or into buildings without the permission of the owner or lawful occupier.

South Africa raises merger thresholds: What it means for your deals

With effect from 1 May 2026, the Department of Trade, Industry, and Competition (DTIC) increased the mandatory merger thresholds and filing fees. It has been almost a decade since the merger thresholds and filing fees were last increased, in an investment climate marked by slow economic growth and regulatory hurdles.

Pay now, argue later - but only if SARS pays attention

The judgment in Ferreira v CSARS (2024/067035) [2026] ZAGPPHC 47, delivered on 2 February 2026, confirms two propositions of immediate practical value. A section 9(1) reconsideration request under the Tax Administration Act is a strategic step that creates a reviewable record capable of addressing deficiencies in SARS' original reasoning.

Sanctioned into impossibility? Force majeure in the arbitral area

Sanctions, increasingly deployed as instruments of political and ideological signalling, have risen by 346% since 2017 . Commercial parties are increasingly finding themselves unable to perform contractual obligations, not through any fault of their own, but by operation of state-imposed legal prohibitions.

Part 4: What should be on your board's AI and IP agenda?

This is the final article in our series on AI and intellectual property for South African financial services firms. Having addressed copyright infringement, patents and trade secrets, this article draws the threads together into a practical, board-level agenda.

The cost of a lapsed mandate, professional negligence and under settlement

Attorneys are creatures of instructions. As such, they are required to obtain the instructions of their clients in discharging their functions and may not act outside the scope of those instructions. This issue was recently considered in the matter of Molefinyana Molisaesi v Selwyn Brian Drobis Jacobs and Another (Case No: 35459/2018) ZAGPPHC (7 April 2026).

When does prescription begin to run?

In terms of section 12(1) of the Prescription Act, 1969 (the Act), prescription begins to run as soon as the debt is due. Section 12(3) of the Act provides that a debt is not deemed to be due until the creditor has knowledge of the identity of the debtor and of the facts from which the debt arises, provided that a creditor is deemed to have such knowledge if it could have acquired by exercising reasonable care.

Medical record disclosure in personal injury litigation - recent developments

The delicate balance between personal privacy and the right to a fair trial has once again taken centre stage in the Limpopo High Court. The case of Coca-Cola Beverages South Africa (Pty) Ltd v Daswa Khuthadzo Witness (7480/2020) [2026] ZALMPPHC 20 (6 March 2026) raises a critical question in modern litigation about how private your medical records are when you institute legal action for damages based on injury.

Part 3: Protecting what you cannot patent - trade secrets and AI

This article turns to the protection mechanism most likely to be of practical importance: trade secrets and confidential information.

Flawed Legal Sector Code risks harming broad based transformation

Bowmans, Webber Wentzel and Werksmans argue that the Legal Sector Code (LSC) in its present form it is unlawful, unworkable, and risks undermining, rather than advancing, meaningful broad based transformation in the legal profession, harming the very people it is supposed to benefit.

Part 2: Can you patent your AI? What the courts are saying

In Thaler v Comptroller-General of Patents [2023] UKSC 49, the UK Supreme Court held that an AI system cannot be an inventor under the Patents Act 1977, and that ownership of an AI machine does not entitle the owner to apply for a patent over what it produces.

What you need to know about the new Procurement Regulations

The Public Procurement Act 28 of 2024 ("the Procurement Act") was assented to on 18 July 2024 by the President and published in the Government Gazette on 23 July 2024.

A considered analysis of the Labour Law Amendment Bill, 2025

On 26 February 2026, the Minister of Employment and Labour published two Draft Bills in the Government Gazette that together represent the most sweeping reform of South Africa's labour legislation in years.

Sharing is caring: The Electronic Communications Amendment Bill of 2026

On 20 April 2026, the Department of Communications and Digital Technologies introduced the Electronic Communications Amendment Bill of 2026 in the National Assembly, which proposes amendments to the Electronic Communications Act 36 of 2005.

New Earnings Threshold takes effect 1 May 2026

From 1 May 2026, the earnings threshold will increase to R269 600.90 per annum. Employees who earn below the new threshold will be entitled to stricter protections under certain provisions of the Basic Conditions of Employment Act (BCEA), the Labour Relations Act (LRA), and the Employment Equity Act (EEA). This represents an increase of R7 852.45 from the previous earnings threshold of R261 748.45.

The disclosure of medical records in litigation

Medical records are one of the most important pieces of evidence in personal injury claims. Where a patient who is usually a plaintiff in such claims consents to the disclosure of their records, no controversy arises.

Opting out: The Amendment to the Consumer Protection Act Regulations

Unsolicited direct marketing, including spam calls, SMSs, and messaging via digital platforms has become a persistent issue for consumers in South Africa, who are increasingly exposed to high volumes of unwanted communications.

Conduct of Financial Institutions Bill, 2026 Developments

On 17 April 2026, the National Treasury published a notice in the Government Gazette announcing the introduction of the Conduct of Financial Institutions Bill, 2026 (COFI) in the National Assembly (NA) in terms of rule 276(1)(b) and (c) of the Rules of the NA.

AI and intellectual property considerations for financial services

This is the first article in our series on Artificial intelligence (AI) and intellectual property for South African financial services firms. It should be read together with the article by Carla Dennehy, which addresses ownership of AI-generated outputs.

The cost of ignoring fetal distress

In the recent judgment LPM obo LM v MEC for Health: North West Provincial Government (2058/2019) [2026] ZANWHC 92 (31 March 2026), the High Court dealt with a medical negligence claim arising from injuries sustained during childbirth at Klerksdorp Hospital.

Draft national AI policy: What it means and what to do now

The publication of South Africa's Draft National AI Policy marks a turning point for organisations that develop, deploy or rely on artificial intelligence.

Unchained from the algorithm: Global developments in social media platform liability

It's been a challenging period for social media platforms. The past year has seen numerous developments to the laws govern social media platforms globally.

Death by drowning and the limits of school negligence

On 13 October 2014, two Grade 12 learners drowned while attending a matric revision camp organised by Luhlasa High School at a Rotary campsite in Strandfontein.

Beyond the filing: Litigants must drive their own case to the finish line

Missed deadlines, ignored warnings, and a record riddled with deficiencies, the recent appeal judgment of the Western Cape Division of the High Court in Van Den Heever v Roos refused to condone the late filing and prosecution of an appeal. The Court held that condonation is not a mere formality and will not be granted in the absence of good cause.

Rethinking legal and institutional frameworks to advance impact investing

The 2026 Budget Speech delivered by Finance Minister Enoch Godongwana in February 2026 has in balance been referred to as a “good news” budget by the commentariat.

Two's company, three's a crowd: Regulating liability in multiple party contracts

The distinction between joint, several, and joint and several liability or entitlement is sometimes overlooked, yet commercially significant when drafting contracts with multiple parties. When drafting a contract with multiple parties, it is important to establish the default position and consider whether it needs to be changed.

A system under strain but evolving: South Africa extends immigration relief to 30 June 2027

South Africa has once again taken steps to stabilise its immigration system, offering critical relief to thousands of foreign nationals affected by prolonged processing delays.

From accrued to arrear: How the SCA's Sekunjalo judgment has reshaped the in duplum landscape

On 26 March 2026, the SCA handed down a judgment in the matter of SACTWU Investments Group (Pty) Ltd v Sekunjalo Independent Media (Pty) Ltd and Another [2026] ZASCA 39, providing significant findings on the application of the in duplum rule to capitalised interest under a loan agreement.

AI and insurance: Risk or opportunity?

Picture a rainy Wednesday morning in Sandton, sometime in the near future. A claims handler opens their laptop, and right away, things move much faster than they used to. For every new email, the company's artificial intelligence system (AI) has already drafted a suggested reply.

A humanitarian response to global disruption: South Africa rolls out temporary visa concessions for stranded travellers

The Minister of the Department of Home Affairs (DHA) has issued an immigration directive to support airline passengers and crew stranded due to widespread airspace closures following escalating instability across the Middle East and Gulf region.

Your mining supply agreement was written for humans, but your trucks are driving themselves

In August 2025, in Benavides v Tesla, Inc (Benavides), a Miami jury awarded USD 240 million in damages against Tesla, including USD 200 million in punitive damages, in a wrongful death lawsuit related to its Autopilot system.

Virtual Assets Regulations Across Africa - A comparative analysis of selected jurisdictions

This guide provides an overview of the development of regulatory frameworks for virtual assets in selected African jurisdictions.

Construction guarantees as non-life insurance: Substance over form

Construction guarantees, whether styled as performance bonds, on-demand guarantees, or otherwise, have long occupied an uncertain regulatory space in South Africa.

Bridging accounting and tax: How IFRS is shaping South Africa's tax law

Although tax legislation and accounting standards serve distinct purposes and have historically evolved separately, South Africa's tax legislation increasingly reflects the influence of International Financial Reporting Standards (IFRS).

Adapt, Automate or Step Aside: The Junior Lawyer's AI Reckoning

The question is no longer whether AI will change the role of junior lawyers. It already has. The real question is what that means and what opportunities it unlocks.

Enforcement of retirement fund contributions: The withdrawal of the variation notice and the Employment Laws Amendment Bill, 2025

Two distinct but complementary regulatory developments have reshaped the enforcement of retirement fund contribution obligations in South Africa. The first is already in effect; the second is presently open for public comment ahead of its formal introduction to Parliament.

Holders of mining rights' right to access land confirmed by the Supreme Court of Appeal

In the matter of Zincede Ngokwakho Housing (Pty) Ltd and Another v Matatiele Local Municipality (844/2024) [2026] ZASCA 17, the Supreme Court of Appeal of South Africa (SCA) considered whether a mining right holder, as defined in section 1 of the Mineral and Petroleum Resource Development Act 28 of 2002 (MPRDA), may access a property over which its mining right was granted without the landowner's consent or a valid lease agreement.

Geopolitical conflict and the global insurance market – lessons for South African insurers and reinsurers

The global insurance market has entered a period of unprecedented complexity. Geopolitical conflict, once regarded as a peripheral risk confined to specialist underwriters and political risk markets, has migrated to the centre of mainstream insurance concerns.

The Legal AI Race to the Bottom

TL;DR: The race to the bottom in legal AI is real and it runs deeper than headlines suggest. Rather than a competitive sprint across the market, it demands a deliberate descent into foundational questions about what makes legal work valuable and trustworthy.

COIDA's New Regulations Unpacked: Prescription, Inspections, Rehabilitation and Third-Party Registration

The Compensation for Occupational Injuries and Diseases Act (COIDA) has undergone significant amendments affecting employers and employees. On 23 January 2026, President Cyril Ramaphosa fixed commencement dates for most provisions of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022 (the Amendment Act). With the Amendment Act now in force, the next critical development followed on 6 March 2026, when the Department of Employment and Labour published a suite of regulations in terms of section 97 of COIDA as amended.

Claims made policies and notification obligations - A costly lesson on timing

Insurance brokers occupy a position of considerable trust. They are the intermediaries upon whom clients rely to secure appropriate cover, and upon whom insurers rely for accurate and timely disclosure.

Zambia's OHS revolution: What employers need to know about the 2025 Occupational Health and Safety Act

The Zambian Occupational Health and Safety Act 16 of 2025 (2025 OHSA) received Presidential assent on 23 December 2025 and came into operation on 30 December 2025. It repealed its predecessor, the Zambian Occupational Health and Safety Act 36 of 2010 (2010 OHSA).

MPRDA consent triggers in cross-border restructuring

On 11 March 2026, the Supreme Court of Appeal (SCA) handed down an important judgment for businesses structuring cross-border mining deals involving South African rights. In Nkwe Platinum Limited and Another v Genorah Resources (Pty) Ltd and Others [2026] ZASCA 27 | 11 March 2026, the SCA has set aside a High Court declaration that a Bermuda law amalgamation constituted both a transfer of a mining right and a change of control of the holding company, which had triggered the ministerial consent requirement under section 11 of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA).

AI walks into an arbitration: What could go wrong?

Artificial intelligence is no longer an abstract, futuristic concept in arbitration proceedings. It has already entered the hearing room (albeit, in most cases, unannounced), comfortably seated itself at the tribunal table and proceeded to (with alarming speed) hand down the award. It is not leaving anytime soon. So how do we make sure it behaves?

Who owns an AI’s "masterpiece"? - The South African reality

Artificial Intelligence (AI) and the way that it can be used is evolving at a rapid rate. Many South African businesses, including startups and SMME's, already use AI tools, whether for process automation, increasing efficiency, or obtaining data-driven insights.

Grief without a psychiatric injury: Why emotional distress alone cannot ground a damages claim

Claims for general damages, particularly for emotional shock as well as pain and suffering, are a regular feature in personal injury litigation. However, under South African law, grief without an underlying psychiatric lesion associated with such grief cannot form the basis of a damages claim and this principle is sometimes overlooked.

A comparative analysis of the "failure to prevent" offence

In recent years, South Africa has reportedly suffered economic loss exceeding ZAR 20 billion as a result of fraud. This has been accompanied by an estimated 44.47% increase in reported cases across various categories of fraudulent activity in 2024.

Private tenders, public immunity: Constitutional Court draws the line

Constitutional Court confirms private procurement decisions generally not subject to judicial review The Constitutional Court's recent decision in Famous Idea Trading 4 (Pty) Ltd t/a Dely Road Courier Pharmacy v Government Employees Medical Scheme and Others [2026] ZACC 5, delivers important legal certainty for private entities conducting procurement processes.

SARS wins at the Constitutional Court - then changes the rules: The Medtronic interest relief saga

In a striking twist of tax policy, the 25 February 2026 Budget Speech announced a proposed legislative amendment that appears to directly contradict the position that the South African Revenue Service (SARS) pursued all the way to the Constitutional Court, at significant cost to the taxpayer, Medtronic International Trading S.A.R.L. and ultimately to the fiscus.

Funding agribusiness ventures: Legal considerations for investors and startups

South Africa's agribusiness sector offers substantial investment and entrepreneurial opportunities. Securing capital is often critical for agricultural projects; however, the fundraising process involves meeting sector-specific legal and regulatory requirements that distinguish it from other commercial financing.

Your AI conversations are probably not privileged

On 10 February 2026, a judge of the Southern District of New York ruled that roughly 31 documents generated by a criminal defendant using Anthropic's consumer AI chatbot "Claude" were neither protected by attorney-client privilege nor shielded by the work product doctrine.

Burns and septicaemia: A failed novus actus defence

In Steyl and Another v Motheo TVET College and Others (3368/2020) ZAFSHC 41, the Free State High Court held that a technical and vocational education and training (TVET) college and two of its lecturers breached their duty of care. The court found that they failed to take steps to ensure the safety of a mechanical engineering student who died from injuries sustained after a motor vehicle caught fire during a practical training session.

Beyond ADR - why patience isn't always a virtue

While the alternative dispute resolution (ADR) process is intended to be a faster and more cost-effective resolution mechanism, its 'without prejudice' nature carries significant implications. Any positions taken or concessions offered during ADR discussions do not legally bind the parties in subsequent litigation.

Who is to blame when AI defames?

The rise of generative AI has also given rise to an increase in litigation based on false results which cause harm to a person's reputation. Defamatory output is sometimes caused by generative AI, and at other times, AI can be used to create false impressions about a person, as in the case of deepfakes.

Dismissal of foreign national employees without the appropriate work visas: Legal incapacity, not retrenchment

Recent blitz inspections by the Department of Home Affairs (DHA) and other enforcement authorities have placed employers under increasing pressure to address non-compliance with immigration laws. Where inspections reveal that foreign national employees lack valid work authorisation, employers may be compelled to take immediate remedial action, including terminating employment relationships that have become unlawful.

Finality before precision: Why the once-and-for-all rule still stands

In T N obo B N v The Member of the Executive Council for Health of the Eastern Cape Government and Others (Case no: 383/23) [2026] ZASCA 14, the Supreme Court of Appeal (SCA) reaffirmed a foundational principle of the law of damages: the once-and-for-all rule.

Labour Appeal Court confirms jurisdictional boundaries that standalone processing operations fall outside MHSA

In a judgment delivered on 17 February 2026, the Labour Appeal Court confirmed that standalone surface processing operations are regulated by the Occupational Health and Safety Act (OHSA), rather than the Mine Health and Safety Act (MHSA).

Webber Wentzel Launches Technology Subsidiary - Fusion

Johannesburg, South Africa, 16 February 2026 - Leading African law firm, Webber Wentzel today announced the launch of a new AI, technology and legal operations subsidiary at the African GC Summit 2026 - as general counsel across the continent confront increasing regulatory complexity, cost pressure, and accelerating AI adoption challenges.

Recent guidance from the Supreme Court of Appeal and South Gauteng High Court on directors' duties

In Msibithi Investments Pty Ltd and others v African Legend Investment Pty Ltd and others 2025, the Supreme Court of Appeal (SCA) considered directors' fiduciary duties against the backdrop of a governance dispute involving shareholders, directors and affiliates of African Legend Investments Proprietary Limited (ALI) and various commercial transactions concluded between ALI, affiliated entities, including Off the Shelf Investments 56 (RF) Proprietary Limited (OTS56), (of which ALI is the ultimate holding company) and third parties.

The proof is in the pudding: Evidence in future loss of earnings claims

In Moloi v Road Accident Fund (333/2024) [2026] ZASCA 13, the Supreme Court of Appeal dismissed an application for special leave to appeal in a claim for future loss of earnings against the Road Accident Fund.

Strengthening Our Projects & Construction Offering

Webber Wentzel has consolidated its Projects and Construction capabilities into a single, integrated Projects & Construction (P&C) practice.

Prudential Authority opens final consultation on amended commercial paper regulations

The regulation of commercial paper issuance in South Africa has, since 1994, been governed by an exemption notice (the Commercial Paper Regulations) that permits certain entities to issue debt instruments without being deemed to conduct "the business of a bank" under the Banks Act 94 of 1990 (Banks Act). After more than three decades in operation, the Prudential Authority has recognised the need to modernise this regulatory framework to reflect current market practices and financial stability considerations.

Performance may be delegated, responsibility not: lessons for retailers

In a recent case, the Supreme Court of Appeal (SCA) has reinforced that owners of premises who invite patrons onto their property (like retailers) cannot passively rely on independent contractors to discharge their duty of care but must actively supervise contractors and maintain their own independent safety systems to ensure patron safety.

Beyond automation: How mining companies can turn digital disruption into community empowerment

Across Africa's mining sectors, digitalisation, automation and artificial intelligence are no longer emerging concepts, they are actively reshaping the way mines operate. Yet as mining operations modernise, a critical question emerges: will this transformation empower the communities that have sustained mining operations for generations, or will it leave them behind?

Embedding a culture of dispute-readiness into mining business strategy

The future of mining will not be defined by whether disputes arise, but by how early, how intelligently, and how technologically the industry anticipates them. As commodity cycles accelerate, ESG scrutiny intensifies and resource nationalism resurfaces, disputes are becoming a structural feature of mining, not an exception.

Bankable beneficiation: Unlocking Africa's critical mineral's potential

Global debates around critical minerals have shifted dramatically over the past five years. The focus has moved from supply security to sustainability, responsible sourcing, trade resilience and value chain localisation.

Shop owner liable for slip and fall on wet ramp

The recent judgment in Bedir v Westdene Fruiterers provides valuable guidance on the extent of shopkeepers' duty of care towards customers and the obligations retail premises owners owe to patrons. It also serves as a reminder to customers to take extra care in rainy conditions, when surfaces are likely to be wet and slippery.

Climate change assessment reports for environmental authorisations: When judicial precedent outpaces regulatory clarity

South African environmental law is undergoing a decisive shift in how climate change considerations are integrated into environmental authorisation (EA) decision-making. Courts are increasingly recognising climate change as a material consideration within the "need and desirability" assessment required under the National Environmental Management Act 107 of 1998 (NEMA), particularly regarding fossil-fuel developments.

Changes proposed to BBBEE rules on transformation fund and preferential procurement

On Thursday, 29 January 2026, the Minister of Trade, Industry and Competition published draft changes to the broad-based black economic empowerment (B-BBEE) Codes of Good Practice (Codes) regarding the proposed Transformation Fund and changes to the way that preferential procurement is measured to incentivise businesses to buy from suppliers that are wholly owned by Black people.

Regional Integration and Continental Value Chains: Africa's Path from Extraction to Value Addition

Africa holds some of the world's largest reserves of critical minerals, including cobalt, copper, lithium, manganese, graphite, rare earth elements and iron ore. Yet the continent continues to capture only a fraction of their ultimate value.

The limits of leniency: Chairpersons, plea-deals and discipline in the workplace

The Labour Appeal Court (LAC) has handed down a compelling decision that tackles a question many employers and legal practitioners grapple with: can a disciplinary chairperson reject a lenient sanction that emerges from a plea‑bargaining process? The response to this question was provided by the LAC in South African Police Services v Mkonto and Others. We unpack this important case in detail below.

2026 Fintech Year Ahead

Looking ahead to 2026, fintech is set to transform how financial services are delivered and accessed, driven by rapid technological innovation and evolving market dynamics.

Subrogation is not a seat at the table - why discovery must be sworn by the litigant of record

Subrogation does not convert an insurer into a litigant of record, nor does it entitle the insurer to act in the name of the insured without compliance with procedural requirements.

RAF cannot benefit from its own delay: Special plea dismissed

Our courts continue to provide guidance on the application of prescription where the Road Accident Fund (RAF) assumes responsibility for a claimant’s matter, particularly in circumstances where a claimant lodges a claim directly with the RAF without the assistance of an independent attorney.

Building trust and resilience: How insurers can anchor consumers in a changing risk landscape

The South African insurance industry has demonstrated remarkable resilience over the past few years, despite a challenging economy and a changing risk landscape. The frequency and severity of climate- and weather-related events place increasing pressure on underwriting, claims and reinsurance costs.

Could the proposed merger threshold increase lead to a more efficient merger process?

On 27 January 2026, the Department of Trade, Industry, and Competition (DTIC) proposed new merger notification thresholds and filing fees. It has been almost a decade since the merger thresholds were last increased in an investment climate marked by slow economic growth and regulatory hurdles.

This is your captain speaking: Aviation's Essential Services designation destined for landing?

The Essential Services Committee (ESC) has published a notice in terms of section 71, read with section 70(B)(1)(d) of the Labour Relations Act No 66 of 1995 (LRA), announcing an investigation into whether certain aviation services should be designated as essential services.

Court finds road authority mostly liable for pothole crash

South African courts are increasingly holding road authorities liable for substantial damages arising from serious accidents caused by poor road maintenance. In some cases, however, courts will attribute contributory negligence to drivers, particularly where they were aware of the condition of the road on which they were travelling.

COIDA amendments take effect: What employers need to know

The Compensation for Occupational Injuries and Diseases Act (COIDA) has undergone significant amendments affecting employers and employees. On 23 January 2026, President Cyril Ramaphosa fixed commencement dates for most provisions, with selected sections deferred to 1 February 2026 and 1 April 2026. The amendments reshape employer compliance obligations, introduce administrative penalties, expand enforcement powers, and extend prescription periods.

South Africa’s Energy Outlook: Key developments from 2025 and what they signal for 2026

2025 highlighted key trends signalling a fundamental reset in South Africa’s electricity sector, with 2026 expected to be the year in which many of these reforms begin to take practical effect. With market rules nearing finalisation, infrastructure procurement advancing and new technologies gaining prominence, 2026 will test how well the sector can move from preparation to implementation.

Too late to litigate: Prescription extinguishes the claim

Our courts are often called upon to decide whether legal action has been instituted timeously. The issue arose again in Mafuyeka v Minister of Health and Others (2133/2022) [2025] ZAMPMBHC (10 December 2025, where the High Court delivered judgment on special pleas raised by the defendants, including a special plea of prescription.

Looking Back to Look Ahead: Revisiting the 2023 and 2024 Draft Commercial Paper Regulations

Issuers that are not registered as banks under the South African Banks Act, 1990 rely on the safe-harbour provisions of the Commercial Paper Exemption Notice (the Commercial Paper Regulations) to undertake the issuance of debt securities in South Africa. Published under the Banks Act, the Commercial Paper Regulations provide a critical framework that enables corporates, financial institutions, global investment banks, state-owned entities, municipalities and other non-bank issuers to access South Africa's domestic capital markets.

High Court rejects technical bar to medical negligence claim

In a recent judgment of the Limpopo Division of the High Court, the court dismissed the defendant's reliance on a special plea of non-compliance with section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 (the Act). The defendant was a Member of the Executive Council for Health in Limpopo (the MEC).

No wet floor, no liability

To succeed in a delictual claim, a plaintiff is required to prove all the elements of delict. In the recent case of Gailis v Woolworths (Pty) Ltd and Another (Case No 11651/2022) (Western Cape Division, Cape Town, 11 December 2025), the High Court was required to determine whether the plaintiff, who sustained injuries in a fall at the Constantia Village Woolworths store on 11 April 2021, had established liability on the part of the defendants.

National Treasury publishes updated draft General Laws Amendment Bill: Companies Act amendments in connection with disclosure of shareholding

The Companies Act amendments in the updated draft General Laws Amendment Bill, 2025 remain largely unchanged from the previous version, focusing on the enforcement of shareholding and beneficial ownership and interest disclosure obligations.

The simplest mistake explorers keep making, and why it costs more than expected

After nearly three decades advising mining companies and host communities, a recurring mistake at the exploration stage continues to cost companies far more than anticipated. A promising geological target is identified, a temporary access road is cut, and a drill rig is mobilised. The operational focus is on metres in the ground and keeping expenditure lean. Then the invisible cost arrives.

Employers now subject to dual enforcement for non-payment of benefit fund contributions

The Minister of Employment and Labour (the Minister) has withdrawn a long-standing exemption that previously shielded employers from labour law enforcement regarding deadlines for payment of benefit fund contributions. This change strengthens the enforcement framework and creates additional compliance obligations for employers.

Can taxpayers lose by challenging SARS? - The hidden risks in transfer pricing disputes

When taxpayers dispute an assessment, the expectation is straightforward: either the taxpayer wins and the assessment is reduced, or the South African Revenue Services (SARS) wins and the assessment remains unchanged. However, recent cases raise a surprising question - could the Tax Court ever order SARS to increase an assessment? This possibility has sparked debate following recent judgments and SARS’s evolving litigation tactics.

Remote work and PE: What the OECD’s new framework clarifies, and what it leaves unresolved

The OECD Commentary on the Model Tax Convention (Commentary) November 2025 guidance on home office permanent establishment (PE) clarifies when a home or remote location may constitute a fixed place of business PE under Article 5(1).

COIDA and the “Going Home” Injury: High Court Confirms a Generous Work-Related Connection Test

In Sophia Bent v Rand Mutual Assurance (Pty) Ltd, the High Court (Gauteng Division, Pretoria) overturned a tribunal decision that refused compensation for an injury sustained by an employee while leaving her workplace.

Operators of historic waste disposal facilities called upon to apply for a Waste Management Licence

As with various environmental management aspects, waste management in South Africa has seen a number of regime changes. In 2009, when the National Environmental Management: Waste Act, 2008 (NEMWA) came into effect, it repealed, among others, section 20 of the Environment Conversation Act, 1989 (ECA).

Section 40CA and suspensive conditions

In (April 2022) ASA ‘Uneven barter transactions’, I dealt with the consequences that can arise when there is a divergence in values in a barter transaction because of the valuation rules in para 31 of the Eighth Schedule to the Income Tax Act 58 of 1962 (the Act). I mentioned that this problem could also be caused by a sale subject to a suspensive condition but did not explore that situation in any detail. This article examines s 40CA of the Act when a company issues shares in exchange for an asset and the transaction is subject to a suspensive condition.

High Court Compels Disclosure of London Arbitration Record - MV Smart

On 22 December 2025, the KwaZulu Natal High Court delivered an important judgment in The National Ports Authority, a division of Transnet (SOC) Ltd v The Owners and Underwriters of the MV Smart [Case No. A 11/2016]. The court directed that a substantial body of documents produced in confidential London arbitration proceedings be disclosed for purposes of related litigation in South Africa.

Interim relief granted on tax compliance requirements for dividend, interest and fee payments to non-residents

SA Reserve Bank’s Circular 15 introduces stricter tax compliance rules for payments to non-residents, including dividends, fees, rentals, and trust distributions, prompting immediate concern from market participants.

Potholes patrolled - balancing regulation and engagement: The case for inclusive road maintenance in Johannesburg

How we access our homes, places of work, friends, family, hospitals and other critical services in Johannesburg depends, in one way or another, on the municipality's road infrastructure.

Court holds attorneys liable for prescription of client’s claim

In Stratton Oakmont (Pty) Ltd v Oosthuizen Du Plooy Attorneys (2002/2019) [2025] ZANWHC 255 (2 December 2025), the High Court reaffirmed the professional obligations of attorneys and the consequences of an attorney's conduct that results in the prescription of a client’s claim.

Critical minerals in Southern Africa: Balancing geopolitics, regional integration and value addition

As the global economy undergoes a profound transformation towards low-carbon energy systems and digital technologies, critical minerals such as lithium, cobalt, platinum group metals (PGMs), rare earth elements (REEs), and graphite have emerged as key enablers of this transition.

Taxpayer TAT: What the test case interlocutory judgment means for ETI disputes

The Tax Court has refused SARS's application to amend its rule 31 statement in the ETI test case that will determine the outcome of ETI disputes faced by over 400 employers. The judgment raises questions about who bears the cost when SARS causes delays.

When privacy is mistaken for defamation: National Union of Metal Workers of South Africa v B

It is easy to understand why privacy and defamation often become tangled in public discourse and even in litigation. Both involve publishing information about a person. Both can cause deep personal harm, provoking humiliation, anger and a profound sense of invasion.

Proposed amendments to ICASA's Regulations on technical equipment and facilities

On 17 November 2025, the Independent Communications Authority of South Africa published draft amendments to the Official List of Regulated Standards for Technical Equipment and Electronic Communications Facilities Regulations.

Knowledge of legal conclusions is not required for prescription

The recent judgment in Stanguous Mzonzima Mncwabe v SS Nqayi Attorneys, highlights important principles regarding prescription and the responsibilities of attorneys when handling their clients' claims.

Does the RAF attract liability for an intentional collision?

The question of whether the Road Accident Fund (RAF) attracts liability for an intentional collision was recently considered by the Gauteng Division of the High Court in the matter of Mashengani v Road Accident Fund (Case No. 15034/2020) [2025] ZAGPPHC.

Using the attribution back to donor rules for estate planning

On 28 April 2016 the Davis Tax Committee released its final report on estate duty. The report made some observations about the ‘attribution back to donor’ rules in the Income Tax Act 58 of 1962 the Act), which highlighted an estate duty minimisation opportunity. References in this article to sections are to sections of the Act and to paragraphs are to paragraphs of the Eighth Schedule to the Act.

The Confluence Revolution: How Private Credit is Redefining Access, Risk and Innovation in Africa (Part 2)

Part 2 takes the conversation further with insights from several leading African credit fund managers. They share what they are seeing on the ground, including tighter credit selection, rising demand from mid-market borrowers and the growing focus on governance and risk discipline as deal volumes increase.

Beyond the ESOP: A shift toward practicality in public interest enforcement

South Africa's merger control landscape has been undergoing a quiet shift, as the South African Competition Commission's (Commission) approach to public interest remedies evolves. After years of the Commission rigidly applying its "ownership" requirements, usually in the form of mandatory Employee Share Ownership Programmes (ESOP) imposed on merger parties, often with the associated delay of transactions and frustration of investors, the Commission quietly started adopting a more pragmatic and commercially-aware approach to its public interest considerations.

Whose job is it anyway? Allocation of risk in slip-and-fall claims

December is around the corner, and malls and shopping centres will be bustling with festive shoppers, creating a lively yet crowded environment. With the surge in foot traffic, extended trading hours, and seasonal decorations, the risk of slips and fall increases significantly.

Joint liability for a fall through the warehouse roof due to safety failures

In a recent decision by the Western Cape Division of the High Court in Albertino Lorenzo Bennet v Prima Toys and Leisure Trading (Pty) Ltd and Focus Asbestos Removal Services CC (4420/2017) ZAWCHC 515 (7 November 2025), the court reaffirmed that a principal is not vicariously liable for the conduct of an independent contractor. The principal would only be held liable where it was also personally negligent.

Business Rescue Practitioners take note!

The Western Cape High Court judgment in Limbouris and others v Du Toit NO and others [2024] JOL 66238 (WCC), dealt with several issues, including the investigative role and duties of business rescue practitioners (BRPs) during the preparation of a business rescue plan (BR plan).

Expanded essential services designation for tailings dams and the implications for mining operations

The Essential Services Committee has expanded the designation of essential services at tailings dams beyond the narrow 2018 framework, to include personnel involved in construction, maintenance, risk management, monitoring and hydro mining operations. Mining operators should review their workforce classifications and employment contracts to align with the broader scope, which prohibits strike action for affected employees.

Webber Wentzel supports the call to end gender-based violence and femicide in South Africa

Today’s national women’s shutdown brings much-needed attention to the devastating crisis of gender-based violence and femicide in South Africa. It is a stark reminder of the urgency of this issue and the need for all of us to stand together in calling for change.

The courts' approach to withdrawal of admissions and compromise

In a recent judgment, the Supreme Court of Appeal (SCA) reaffirmed the legal principles governing the withdrawal of admissions in pleadings and the setting aside of compromise agreements.

Draft payments industry documents published for public comment

In meeting its policy commitments and addressing the regulatory amendments required to implement the Payments Ecosystem Modernisation (PEM) Programme, the South African Reserve Bank (SARB) published two draft documents for public comment.

No way out: Mediation is not optional in the Gauteng Division of the High Court

With effect from 22 April 2025, the Gauteng Division of the High Court has introduced mandatory mediation before civil trials. This requires parties to first undergo mediation before they can apply for a trial date.

Navigating Phase Two of the Carbon Tax: Amendments, Allowance Reform and Offset Expansion

Phase Two of the carbon tax will be implemented from 1 January 2026 until 31 December 2030 (Phase Two).

High Court finds municipality liable for injuries caused by uncovered manhole

The legal duty of a Municipality in injuries arising from the public's use of public infrastructure has been a subject of constant debate in our courts.

Webber Wentzel recognised in the 17th Edition of The Best Lawyers in South Africa

Webber Wentzel is proud to announce that several of its lawyers have been recognised in the 17th Edition of The Best Lawyers in South Africa for their expertise across a range of practice areas.

Adaptive re-use: Legal challenges and opportunities

Adaptive reuse represents a transformative approach to property development that addresses both economic and environmental imperatives in South Africa's built environment.

SARB introduces new exchange control tax compliance requirements for dividend remittances to non-residents

The South African Reserve Bank Financial Surveillance Department has introduced changes to the exchange control requirements for income remittances to non-residents, including dividend remittances.

The Confluence Revolution: Why Private Credit is Gaining Traction in Africa (Part 1)

Africa has observed rapid growth in private credit over the last few years, and when considering this rise alongside the broader trends we are witnessing, one word comes to mind- "confluence".

POPIA compliance for health data: Navigating special personal information requirements in healthcare

Health data is one of the most valuable assets in modern healthcare, and the Protection of Personal Information Act, 2013 (POPIA) places strict requirements on its use.

South Africa's Prudential Authority Issues Updated Climate-Related Disclosure Guidance for Banks and Insurers

Climate risk management requires ongoing capacity building and capability development, especially for banks and insurers that are highly susceptible to climate-related risks. The South African financial sector is particularly exposed to both financial and non-financial impacts as a result of exposure to climate-sensitive sectors.

Beyond UMK (CC): A "good cause" for High Court tax litigation

The Constitutional Court (CC) in United Manganese of Kalahari (Pty) Limited v CSARS and Others (CCT 72/24) (31 March 2025) (UMK) has fundamentally reshaped the jurisdictional framework for High Court tax litigation in South Africa. The judgement replaced the current restrictive "exceptional circumstances" test in section 105 with a more flexible "good cause" standard, creating new strategic opportunities for litigants.

The Fintech Future - Revolutionising the African Financial Services Landscape

Africa’s fintech sector is evolving from isolated national systems into a regionally connected ecosystem which hope to bring the continent closer. As start-ups, traditional financial institutions and investors look beyond domestic markets, the conversation is shifting from innovation to integration - and from competition to connectivity.

BNPL: payment method vs. credit agreement – which is it and can it be both?

Buy now pay later (BNPL) is an agreement for the sale of a product where the seller allows the payment to be extended over a specific period of time. These options generally offer interest-free instalments, although fees or interest may apply if payments are missed or delayed.

Virtual Assets Regulation in East and West Africa

Virtual assets, commonly referred to as crypto assets or digital currencies, are reshaping the global financial landscape. In Africa, where financial inclusion remains a pressing challenge, the rise of virtual assets presents both opportunities and regulatory dilemmas.

Casting Caution to Calderbank

The Supreme Court of Appeal (SCA) handed down its judgment on 16 October 2025 in the case of Itokolle-Clinix Private Hospital (Pty) Ltd v MNT obo DORM (863/2024) [2025] ZASCA 153. This judgment should serve as a caution for defendants when faced with a Calderbank offer.

King V launched in South Africa

The Institute of Directors in South Africa (IoDSA) and the King Committee have launched King V, South Africa's updated corporate governance framework. King V consolidates the 17 principles of King IV into 13, introduces a dedicated standardised disclosure framework, and updates several recommended governance practices.

From headline to effective: Navigating phase two with offsets as a tax asset

The carbon tax (as defined in section 1 of the Carbon Tax Act 15 of 2019 (CTA) is a tax on the carbon dioxide (CO2) equivalent of greenhouse gas emissions. It is imposed in terms of section 2 of the CTA at the applicable carbon tax rate, which escalates annually in the amounts as set out in section 5 of the CTA.

Automation, restructuring and fairness - Staging AI adoption under the LRA

MIT’s State of AI in Business 2025 report should temper any rush to restructure workforces around artificial intelligence. Headcount reductions based on assumptions of immediate, sweeping efficiency gains reflect poor risk management.

The complexities and costs associated with integrating AI into existing systems

Artificial Intelligence (AI) is no longer a distant concept; it has become an integral part of modern life and business. The choice for businesses is straightforward: ignore it and risk falling behind or embrace it and stay ahead.

Business email compromise and capital losses

There have been regular reports in the news that South Africa is facing a rising threat from cybercrime and is the most targeted country in Africa. It is estimated that cybercrime will cost South Africa R2,2 billion a year. One such crime involves business email compromise (BEC). References to paragraphs in this article are to paragraphs of the Eighth Schedule to the Income Tax Act 58 of 1962 (the Act).

Algorithmic management meets South African law - Lessons from MIT’s “GenAI Divide”

MIT’s State of AI in Business 2025 report paints a sobering picture. Despite global enterprise investment of between USD 30 billion and 40 billion in generative AI, around 95% of organisations have yet to see measurable returns.

Latest developments in South African immigration: Extended concessions and Visa Exempt Countries

Since the issuance of Immigration Directive No. 4 of 2025, the Department of Home Affairs (DHA) has announced that it has cleared the backlog in its visa and permit processing system. However, waiver and visa appeal applications remain pending, and as a result, the concession has been extended until 31 March 2026. Additionally, the Minister of the DHA has extended both the Zimbabwean Exemption Permits (ZEP) and Lesotho Exemption Permits (LEP) concessions until 28 May 2027.

A National Payments Utility – The Egyptian Case Study

The recent PASA International Payments Conference (PIPC), held in Johannesburg on 16 and 17 October, offered valuable insights and sparked anticipation for the future of payments in South Africa.

Bitcoin vs. 1961: Why South Africa's Crypto Crackdown Just Hit a Legal Wall

When the Supreme Court of Appeal (SCA) hears the appeal of the High Court’s Standard Bank v SARB decision in 2026, the court will determine whether the 1961 Exchange Control Regulations (Regulations) can be stretched to apply to a borderless, digital asset such as Bitcoin.

Navigating change of control: Legal and commercial considerations

In a South African company law context, a change of control refers to the acquisition or establishment of direct or indirect control over the whole or a part of another company’s business.

SA delisted - What comes next?

The Financial Action Task Force's (FATF) confirmed at its Plenary held during the week of 20 – 24 October 2025 that South Africa has been removed from the FATF's greylist.

AI represents the next horizon for ESG

Artificial Intelligence (AI) is advancing at an unprecedented pace globally. The exceptional growth of data and the rapid adoption of AI technologies are reshaping industries.

Mining Round-Up 2025: Key Legal and Regulatory Insights Shaping South Africa’s Mining Future

At the eighth edition of Webber Wentzel’s annual Mining Round-Up, the firm’s leading practitioners unpacked the regulatory, policy and compliance developments shaping South Africa’s mining sector.

Update on the EU's Carbon Border Adjustment Mechanism

The Carbon Border Adjustment Mechanism (CBAM) (established by the CBAM Regulations) is a tool designed to place a carbon price on in-scope goods and precursors originating from a third country under Article 2 of the CBAM Regulations, read with Annex I, identified by their specific Combined Nomenclature codes.

The mythical life of a South African taxpayer

If South African tax were a fable, it would feature three enduring characters: the weary taxpayer, the watchful SARS, and the elusive concept known as certainty. All three appear in our legislation, but only one consistently shows up in practice — SARS.

Parental Leave in Financial Services: Navigating the Van Wyk Judgment

On 3 October 2025, the Constitutional Court handed down a unanimous ruling in Van Wyk v Minister of Employment and Labour and Others, confirming that South Africa's statutory four months and 10 days of parental leave may be shared between both parents.

The next phase of Employment Equity Compliance: Preparing for January 2026

The clock is ticking towards January 2026, when designated employers will be assessed against sectoral targets applicable to their industry. Employers without robust barrier analyses and well-substantiated justifications for variances may draw early attention as the Department begins its initial compliance reviews.

The landmark parental leave judgment: Cementing all classes of parents as equal participants in their children's lives

AI in hospitality: Navigating the enhancement revolution

The hospitality market is experiencing unprecedented growth in artificial intelligence (AI) investment, reflecting the industry's recognition that AI offers substantial opportunities to enhance guest experiences and operational efficiency.

South Africa's retail sector under siege: How retailers can fight cybercrime and fraud

So far in 2025, the South African retailers are facing an unprecedented wave of cybercrime and fraud, as businesses battle a sophisticated and ever-evolving threat landscape.

Webber Wentzel secures landmark Constitutional Court ruling reforming South Africa’s parental leave laws

Webber Wentzel's Pro Bono team represented Mr and Mrs van Wyk in a landmark case that has resulted in the Constitutional Court confirming that South Africa's statutory four months of parental leave may be shared between both parents. The ruling marks a significant step toward gender equality in the workplace and family law.

A critical overview of the sharing economy through the short-term rental regulatory landscape

Short-term rentals have become a topical and sometimes contentious issue in South Africa, particularly in the City of Cape Town. Media reports show that the number of listings in the Mother City exceeds many international cities, such as San Francisco and Sydney.

Practical implication of the Revised FIC Guidance Note 7A

In line with South Africa's attempts to get off the Financial Action Task Force's (FATF) greylist, the Financial Intelligence Centre (FIC) issued the Revised Guidance Note 7A (revised GN 7A) on 1 September 2025.

Beyond the contract: HR Focus and the commercial reality test

The recent High Court judgment in CSARS v HR Focus CC fundamentally clarifies when payroll administrators become liable for skills development levies (SDL) and value-added tax (VAT).

Supply Chain Disruptions: Tailoring the Force Majeure Clause to Agricultural Realities

In our previous article, Supply Chain Disruptions: Legal Strategies for Managing Risks in Agribusiness, we explored the unique challenges that make agricultural supply chains particularly susceptible to shocks, from climatic events to regulatory changes.

The VAT advantage: smart tax moves for vendors in the food and beverage industry

For enterprises in South Africa that operate within the dynamic food and beverage industry, understanding and effectively utilising indirect tax incentives are a powerful way to enhance profitability and gain a competitive edge.

Webber Wentzel's contribution to Linklaters Global Guide: Public M&A

Webber Wentzel contributed to Linklaters' updated global guide on public M&A. The updated guide considers questions that commonly assist on public M&A deals in over 20 major markets and also focuses on issues that may surprise overseas bidders.

The nil base cost rule and intra-group transactions

Section 45 of the Income Tax Act 58 of 1962 (the Act) enables companies within a group of companies as defined in s 41 to transfer assets between one another on a tax-neutral basis. Section 45(3A) and (3B) contain the so-called nil base cost rule.

Building Africa: Legal and strategic drivers behind successful energy and infrastructure projects

Africa sits at a crossroads. The continent is rich in natural resources, faces growing energy demand, and urgently needs modern infrastructure. Yet translating this potential into sustainable, long-term development is rarely straightforward.

Supply Chain Disruptions: Legal Strategies for Managing Risks in Agribusiness

Agribusiness supply chains are, by their very nature, among the most disruption-prone in the world. Unlike industrial manufacturing, where companies can stockpile parts or reconfigure production lines to adapt to shortages, agriculture operates on biological and seasonal timetables.

Webber Wentzel named Tax Law Firm of the Year (South Africa) at the ITR EMEA Tax Awards 2025

Webber Wentzel has been recognised as Tax Law Firm of the Year (South Africa) at the prestigious International Tax Review (ITR) Europe, Middle East and Africa (EMEA) Tax Awards 2025 – held at The Londoner Hotel, London on 18 September 2025 – marking the fifth time the firm has received this honour.

Cabinet approves the Water Services Amendment Act: Strengthening water supply services beyond the tap

The Department of Water and Sanitation (DWS) has highlighted that, over the last decade, water infrastructure and water supply services have deteriorated to the extent that South Africa’s water sector is now in crisis.

Cabinet approves National Water Amendment Bill: Strengthening Water Security

On 6 August 2025, cabinet approved the National Water Amendment Act to be tabled at Parliament. This will mark the third amendment to the National Water Act, 1998; the first being in 1999 and the second being in 2014.

National Treasury’s vicious crackdown on CIS tax avoidance

National Treasury has proposed three major amendments affecting portfolios of Collective Investment Schemes (CISs) in the draft Taxation Laws Amendment Bill, 2025 (TLAB).

Effective immediately: How the finalised Code of Good Practice on Dismissals reshapes employer obligations

The Code of Good Practice on Dismissals (COP), published in the Government Gazette on 4 September 2025, introduces significant developments to Schedule 8 of the Labour Relations Act, 1995 (LRA).

Webber Wentzel wins top honours at the 2025 African Legal Awards

Webber Wentzel was honoured with three top awards at the African Legal Awards 2025, held at the Wanderers Club on Friday, 5 September.

Virtual assets regulation in Southern Africa: A regional comparative analysis

The digital revolution is reshaping the global financial landscape, with virtual assets emerging as a powerful force in how financial transactions are conducted.

A test of organisational integrity: Protecting people, protecting employers and rethinking how to handle harassment in the workplace

Harassment in the workplace, particularly sexual harassment, continues to challenge organisations across industries. While laws and policies provide a framework for handling complaints, the way cases are managed in practice often determines whether employers truly protect their people and themselves.

New draft tax bill hides a "stealth tax" in your unit trust investments

For millions of South Africans, a unit trust or a portfolio of a Collective Investment Scheme (CIS) is one of the pillars of their financial future, serving as a vehicle for retirement savings, children's education funds, and long-term wealth creation.

How the pension funds industry will be affected by the Conduct of Financial Institutions Bill

The Conduct of Financial Institutions Bill, 2020 (CoFI) represents a landmark transformation of South Africa's pension fund regulatory landscape, introducing comprehensive reforms that will fundamentally reshape how retirement funds operate and are supervised.

5 things to know when establishing a private equity fund in Africa

Africa represents an attractive proposition for asset managers and capital allocators seeking new and often untapped frontiers for investment.

Strengthening water infrastructure: Practical models for South Africa

South Africa faces growing water stress driven by climate change, ageing infrastructure, wasteful losses, pollution, and institutional fragility. These pressures present deep social, economic and environmental challenges that impact communities, industry and long-term development.

Turning tariffs into strategy: South Africa’s competition law pivot

On 2 April 2025, the United States (US) administration issued an executive order imposing a baseline 10% import duty on nearly all goods entering the US. Higher country specific tariff rates were also applied, with South Africa subject to a 30% duty.

Navigating HealthTech Legal Solutions

As HealthTech continues to reshape the healthcare landscape, our Healthcare Sector offers integrated legal solutions to help clients innovate responsibly, protect their interests, and stay ahead of regulatory change.

A seismic shift: Proposed section 8E amendments threaten decades of corporate funding structures

The South African corporate finance landscape stands on the precipice of a seismic shift due to the proposed amendments to the anti-avoidance sections of 8E and 8EA in the draft Taxation Laws Amendment Bill 2025 (TLAB).

Taxpayers face stricter rules for understatement penalties

The annual draft tax bills recently circulated for comment by the National Treasury and the South African Revenue Service (SARS) contain contentious proposed amendments to the understatement penalty (USP) regime.

Cross-border enforcement - Electronic service brings foreign persons within South African regulatory reach

The Pretoria High Court's landmark judgment in Financial Sector Conduct Authority v Financial Services Tribunal and Others fundamentally transforms how South African regulators can pursue foreign persons whose conduct impacts domestic financial markets.

Mergers & acquisitions in the food industry: Legal trends and considerations

The global food industry has experienced significant transformation in recent years, driven by evolving consumer preferences, technological advancements and economic factors. Mergers and acquisitions (M&A) have become pivotal strategies for companies seeking to enhance their market position, diversify product offerings and achieve economies of scale.

Practical considerations when implementing ESOP and HDP transactions

Employee share ownership programmes (ESOPs) and HDP (historically disadvantaged persons) transactions have gained prominence in the context of mergers and acquisitions, where the South African competition authorities have increasingly conditionally approved mergers subject to ESOPs or HDP transactions to address public interest concerns.

From stealth to spotlight: Webber Wentzel reveals innovation engine driving market leadership

After years of quietly pushing the boundaries of legal innovation in Africa, Webber Wentzel is stepping forward to share a deeper look into its holistic, integrated and people-first approach to legal innovation in Africa – and beyond.

New mandatory fire prevention code of practice for South African mines

The Chief Inspector of Mines has issued a detailed guideline requiring all South African mining operations to implement mandatory codes of practice for fire prevention.

Guidance on prevention and management of non-communicable diseases and mental health disorders in the mining industry

Due to a significant increase in the prevalence of non-communicable diseases (NCDs) in the South African mining sector, the Department of Mineral Resources and Petroleum (DMPR) has issued a comprehensive new guidance note, effective 1 November 2025.

Mandatory Code of Practice for change management now required under Mine Health and Safety Act

The Department of Mineral and Petroleum Resources (DMPR) has issued a significant new guideline that will reshape how mining companies approach organisational change.

A few key insights into the Woolworths SCA judgment

In the recent Woolworths Supreme Court of Appeal judgement, Woolworths Holdings Limited (Woolworths) had incurred significant VAT on professional fees for a rights offer to fund the acquisition of the Australian retail store business, David Jones.

New requirement to implement Code of Practice for Road and Rail Safety Management

The Department of Mineral and Petroleum Resources (DMPR) has issued a significant new regulatory requirement that will impact all mining operations in South Africa.

Death of a trustee and the automatic lapsing of mandates

Mandates are a useful tool for a person (including companies and trusts) to engage an agent to perform a service for them when it is impractical, inconvenient or difficult to perform the service themselves.

FSCA publishes new Conduct Standard for collective investment scheme managers

The Financial Sector Conduct Authority (FSCA) has published Conduct Standard 3 of 2025 (CIS), titled Requirements for Managers of Collective Investment Schemes (the Conduct Standard), together with a Statement of Need and Impact and a Consultation Report. The Conduct Standard was published on 14 August 2025 and will come into effect 12 months after the date of publication (ie on 15 August 2026).

Navigating the global tide: How African businesses can thrive under mandatory human rights due diligence

Since the unanimous endorsement of the United Nations Guiding Principles on Business and Human Rights (UNGPs) by the UN Human Rights Council in 2011, a new era of socially responsible and sustainable business has taken shape and continues to build momentum.

Major tax proposal impacting preference share funding announced

Section 8E (together with section 8EA) of the Income Tax Act deals with the so-called hybrid equity regime.

Key regulatory changes impacting the mining sector

The Department of Mineral and Petroleum Resources (DMPR) has recently published guidelines for the implementation of mandatory codes of practice (COPs) on road and rail safety management, change management, and fire prevention, as well as a guidance note on the prevention and management of non-communicable diseases (NCDs) and mental health disorders in the mining industry.

Draft amendments to the Affordability Assessment Regulations under the National Credit Act

On 13 August 2025, the Department of Trade, Industry and Competition published the draft National Credit Act Amendment Regulations (Amendment Regulations) in the Government Gazette, proposing amendments to various Regulations under the National Credit Act 34 of 2005 (NCA), including Regulations 18,19 and 23A.

The FSCA ushers in a new era for pension fund administrators after 23 years

The Financial Sector Conduct Authority (FSCA) has published Conduct Standard 2 of 2025 (the 2025 Standard), setting out reformed conditions for pension fund benefit administrators under section 13B(1) of the Pension Funds Act, 1956.

Not-so-dry issue: Issuance of Blue Bonds to help address South Africa's water crisis

Water scarcity is a growing global concern affecting the lives of millions. In South Africa, limited supplies of usable water, compounded by ageing national, provincial and municipal water infrastructure, continue to impact the daily lives of individuals and businesses across the country.

The critical timing of dependent status in pension death benefits

In a society where millions of South Africans depend on a single breadwinner for survival, the death of that provider can leave families financially devastated. Yet despite the enormous sums involved, and the critical importance of these benefits to vulnerable families, there is often litigation surrounding section 37C of the Pension Funds Act 24 of 1956 (PFA) and its application.

NDAs and workplace harassment: South Africa's existing legal protections

Non-disclosure agreements (NDAs) have been widely criticised for silencing victims of workplace harassment in several jurisdictions.

The COFI Bill: What financial institutions need to know

Once enacted, the much-anticipated Conduct of Financial Institutions Bill (COFI) will introduce a significant shift in the legislative and regulatory landscape of South Africa’s financial services sector.

Celebrating Women's Month: Building Resilient Economies for All

Women's Month is a powerful reminder of the incredible impact women have in shaping our society, our economy and our future.

A new paradigm for executive dismissals? Analysing the proposed amendments to the Labour Relations Act on remedies for high-income employees

The South African labour law landscape may be on the cusp of a significant shift with the proposed amendments to the Labour Relations Act 66 of 1995 (LRA), as detailed in the final National Economic Development Labour Council (Nedlac) report on the Labour Law Reform Process.

An 'agent' by any other name would be as safe?

The Daily Maverick recently reported that the Minister of Public Works and Infrastructure, Dean Macpherson, announced the completion of two technical investigations into the tragic building collapse in George, Western Cape, in which 34 construction workers died.

Understanding the implications of capital gains tax on convertible preference shares

Convertible preference shares (convertible prefs) are gaining traction as a flexible financing tool for companies looking to raise capital while offering investors a hybrid position—part protection, part upside.

Mauritius reborn: Navigating the new anti-corruption landscape

Mauritius has embarked on its most ambitious anti-corruption reform in decades. The establishment of the Financial Crimes Commission (FCC), along with new legal liabilities, suggest a paradigm shift.

A new era for employment equity in the health sector: Sectoral targets now in force

The Department of Employment and Labour (the Department) has ushered in a decisive moment for transformation in South Africa's human health and social work activities sector (the health sector).

Virtual Assets Regulation in Southern Africa: A Regional Comparative Analysis (PDF)

Virtual Assets, digital assets, crypto assets all refer to the same concept, namely a digital representation of value. This guide examines the development of the regulatory regime for virtual assets across the southern region of Africa.

Beyond the balance sheet: Contextualising the costs and benefits of B-BBEE

The current media debate around Broad-Based Black Economic Empowerment (B-BBEE) has brought fresh attention to the policy’s impact on the economy – raising important questions about its effectiveness, costs and outcomes.

Webber Wentzel welcomes Olwethu Gusha

Webber Wentzel is pleased to announce the appointment of Olwethu Gusha as a partner in the firm’s Banking & Finance practice.

Employer’s failure to comply with employment laws renders a foreign national’s dismissal unlawful

In a recent judgment of the Eastern Cape High Court, Mthatha (Court), the Court declared the dismissal of a foreign national employee unlawful, despite the individual’s failure to have a valid work visa.

Part 1 | ESG disclosure requirements for financial institutions in South Africa: A 2025 update

Environmental, social, and governance (ESG) considerations have become increasingly important for organisations globally, including financial institutions in South Africa.

Part 2 | Strengthening South Africa’s sustainable finance framework

South Africa's National Treasury defines sustainable finance as financial models, services, products, markets and ethical practices that deliver resilience and long-term value in each economic, environmental, and social aspect, contributing to sustainable development goals and climate resilience.

Update: USA tariffs to increase again on South African imports

On 7 July 2025, President Donald Trump of the United States of America (USA) announced, in a letter addressed to President Cyril Ramaphosa, that a tariff rate of 30% "on any and all South African products sent into the United States" will be imposed from 1 August 2025.

SARS is stepping up enforcement - is your business audit ready?

SARS is significantly increasing its tax enforcement efforts, with billions allocated to new technologies, expanded audit teams and greater scrutiny across all sectors. These changes are already in motion and are expected to intensify in the coming months.

UK Court of Appeal on understanding policy intent through pre-contractual documents

A recent decision by the UK Court of Appeal (Civil Division) offers valuable insights into the role of the disclosure of pre-contractual documents and communications in interpreting insurance policies.

When dinner bites back: Negligence is on the menu as the Western Cape High Court serves up res ipsa loquitur

Four years after a seemingly ordinary dinner ended in emergency surgery, the Western Cape High Court has served up a stern warning to the hospitality industry: if a hazardous object reaches a diner’s plate, negligence may be inferred, unless proven otherwise.

Webber Wentzel shortlisted in 20 categories for the 2025 African Legal Awards

Webber Wentzel has been shortlisted in 20 categories for the 2025 African Legal Awards, a recognition that reflects the firm’s depth of expertise and impact across the African legal and business landscape.

Water Infrastructure Projects - Options and Solutions

South Africa faces significant water challenges that impact the economy, environment, and society. These challenges are from a combination of natural factors, infrastructure limitations, and socio-economic dynamics.

Key themes influencing African Infrastructure development in 2025

In 2025 Africa's infrastructure landscape is being impacted by recent changes in the world economy including a tightening infrastructure financing environment; rapid population growth, increasing urbanisation, technological advances and changes in the geo-political landscape.

Litigating in the shadows? How the Western Cape High Court got subrogation wrong

In June 2025, the Western Cape Court handed down a judgment on subrogation that changes established legal principles and settled practice. The Court held that an insurer exercising its subrogation rights must specifically disclose and plead subrogation and be cited as a party to any civil proceedings.

Thistle and the vesting trust

In ASA December 2024/January 2025, I considered the Constitutional Court’s judgment in the matter of the Thistle Trust v C: SARS. An issue that I did not consider in that article was the exact nature of the vested rights that the Thistle Trust held in the vesting trusts, mainly because I did not have any information on the nature of those rights. Strangely, neither the tax court, SCA nor constitutional court mentioned this fundamental issue. We can therefore only speculate on why Thistle did not raise it in its grounds of objection and appeal.

AI & automation in retail – Legal risks related to AI-driven customer service, inventory management and back-office support

The use of artificial intelligence (AI) in retail continues to generate discussion. This is largely due to the benefits that retailers have realised by using the technology across various parts of the business value chain. However, the incorrect implementation of AI functionality can result in unintended consequences for retailers.

Journey to net zero for retailers

The growing environmental impact of the retail industry has again made headlines in recent weeks, with France's senate approving a bill that directly addresses the environmental impact of the fast fashion industry. The bill proposes to regulate overproduction and overconsumption and is now under consideration by a joint committee of deputies and senators.

Navigating the future of South Africa's national payment system regulatory framework

In meeting its policy commitments and addressing the regulatory challenges that come with the rising prominence of non-bank payment operations, the South African Reserve Bank (SARB) published two draft documents in the first quarter of 2025.

Webber Wentzel releases guide on International Arbitration Trends in Africa

Webber Wentzel, in association with BLC Robert & Associates (Mauritius), Aluko & Oyebode (Nigeria), Breakthrough Attorneys (Tanzania), and ALN MMAKS Advocates (Uganda) has launched a new guide exploring international arbitration trends across Africa.

Webber Wentzel's Energy and Mining Series - Harnessing Africa's potential to become the global leader in energy transition

Webber Wentzel’s energy and mining teams offer multi-disciplinary expertise, capability in several languages, dual-qualified advisers, and have acted in leading multi-jurisdictional and cutting-edge matters in these sectors across the continent.

Pro Bono Annual Report – FY24/25

Our commitment to promoting justice and the rule of law in South Africa is demonstrated and highlighted in our Pro Bono Annual Report.

Powering Africa’s e-mobility ambitions through trade

Africa has a unique opportunity to lead the next wave of industrial growth, and it’s not just a dream. From electric vehicles (EVs) to lithium batteries, the African Continental Free Trade Area (AfCFTA) is already laying the groundwork for of regional value chains that could redefine how we produce, trade, and drive.

The Value of battery energy storage (BESS) in the future energy grid

Is what happened to Blue Nova reflective of South Africa's BESS market?

Knoetze v Botes – Developers can’t hide behind exemption clauses

In Knoetze v Botes, the High Court clarified the limits of exemption clauses in property sale agreements, commonly referred to as voetstoots clauses, particularly where the seller is also the developer and fails to disclose a latent defect.

A walk around the block: An overview of recent block exemptions

In recent months, the Minister of Trade, Industry, and Competition has published several block exemption regulations in terms of section 10(10) of the Competition Act, 1998.

Making peace, not war: The role of mediation in Energy-related investor-state dispute resolution

Mediation plays a growing and increasingly important role in resolving energy-related investor–state disputes (ISDS), as part of a broader shift towards dispute prevention and early dispute resolution.

Disputes are inevitable, delays don’t have to be

The money is spent, the project is built, but the turbines stand idle. A several hundred-million-dollar wind farm, ready to supply much-needed power, is left stranded, waiting on grid access delayed by a contractual dispute.

CSI Annual Report - FY 2024/2025

We are committed to promoting justice and the rule of law throughout South Africa. This commitment extends beyond the courtroom and into the communities we serve through our various Corporate Social Investment (CSI) initiatives. Our CSI initiatives also align with the broader goals of the United Nations’ Sustainable Development Goals. Specifically, our programmes and projects contribute directly to achieving goals 3 (Good Health and Well-Being), 5 (Gender Equality), 10 (Reduced Inequalities) and 16 (Peace, Justice and Strong Institutions).

Africa's fintech sector a story of growth, innovation, and opportunity

Africa’s fintech evolution is a fascinating example of how a confluence of technological trends and customer behaviour trends can create not one but several leapfrog moments.

The 2024 amendments to the foreign tax rebate

On 24 December 2024 the Taxation Laws Amendment Act 42 of 2024 was promulgated. It contained three amendments to s 6quat (the rebate for foreign taxes). Two of these affected limitations on the rebate pertaining to foreign capital gains, while the third dealt with an amendment to the rule for translating foreign taxes of a controlled foreign company (CFC) to rand.

Buy now, panic later: A legal deep dive into South Africa's payment revolution

Buy Now, Pay Later (BNPL) payment options have strutted onto South Africa’s financial runway with the swagger of innovation, offering interest-free instalments, bypassing traditional credit checks, and boasting sleek user interfaces that make old-school lay-bys look prehistoric.

Competition Commission draws distinction between pure internal restructurings and minority shareholder transactions

The Competition Commission recently published guidelines aiming to provide clarity on whether internal restructurings require prior approval from the competition authorities.

Is your financial institution ready for the new employment equity targets?

The transformation imperative in South Africa’s financial services sector has reached a critical juncture with the recent amendments to the Employment Equity Act 55 of 1998 (EEA), which came into effect on 15 April 2025.

Powering Africa’s Energy Future

As participants in the 2025 Africa Energy Forum, we remain focused on advancing sustainable, innovative solutions across Africa’s energy sector.

Early warning systems and contractual tools for climate-resilient infrastructure and energy projects

Among the greatest threats facing infrastructure development today is climate change. To mitigate the associated risks for all sector stakeholders, there is a pressing need to make better use of modern technologies and to establish contractual frameworks that are appropriately structured from the outset.

All is fair in love and petroleum? Considering fairness and contractual certainty under section 12B of the Petroleum Products Act

Certainty is a bedrock principle of South African contract law. Once parties have entered into a contract, they are bound by its terms.

Proposals for ICASA to align its ownership regulations with the B-BBEE framework

On 23 May 2025, the Minister of Communications and Digital Technologies published a draft policy direction for the Independent Communications Authority of South Africa (ICASA).

Powering Progress: Why Business and Human Rights Must Be at the Heart of Africa’s Energy Future

As Africa enters a critical decade of energy development and industrialisation, the demand for reliable power, sustainable infrastructure and clean energy sources is reshaping the investment landscape.

Part 2 | Mine health and safety: amendments to rescue, first aid and emergency preparedness and response regulations

In part 1 we unpacked overarching duties such as risk assessments, reporting, and the use of SCSRs. In part 2 of this summary, we look at the changes to rescue and fire responder teams, control room operations, refuge bay requirements, and the introduction of missing person locator systems.

Mine health and safety: amendments to regulations on machinery – winding equipment

On 28 March 2025, the amendments to chapter 8 of the regulations to the Mine Health and Safety Act (MHSA), dealing with machinery and equipment at mines were promulgated.

Proposed amendments to the Mineral and Petroleum Resources Development Act 28 of 2002

On 20 May 2025, Minister Gwede Mantashe gazetted the Draft Mineral Resources Development Bill, 2025 (Bill) for public comments by 18 August 2025.

Notice on the manner of calculation of return of earnings in terms the Compensation for Occupational Injuries and Diseases Act (COIDA)

In terms of section 82 of the Compensation for Occupational Injuries and Diseases Act, 130 of 1993 (COIDA) employers are required to annually furnish the Commissioner with a return of earnings paid to employees during the preceding period, being 1 March to 28 February (the COID year).

Mind the Gap: Municipal liability and the hidden dangers beneath our feet

A recent High Court judgment (Yende v City of Johannesburg Metropolitan Municipality and Another) offers important insights into the evolving jurisprudence on municipal liability for injuries caused by defective public infrastructure.

Caution to motorists: The case of Simayile-Sigijimi v Road Accident Fund

The Western Cape Division of the High Court recently delivered a significant judgment in Noluvuyo Simayile-Sigijimi v Road Accident Fund, highlighting key issues of negligence and liability in pedestrian-related road accident claims.

Asset forfeiture and unlawful money schemes

South Africa has no shortage of unlawful financial and investment schemes. In recent years, numerous pyramid, Ponzi, multiplication, and other fraudulent and unlawful schemes have appeared in news headlines as the subject of investigations and legal proceedings.

Part 1 | Mine health and safety: amendments to rescue, first aid and emergency preparedness and response regulations

Significant changes to the regulations dealing with emergency preparedness and response have been promulgated.

King V and the future of Corporate Governance in South Africa: Advancing ESG and Business and Human Rights

Corporate governance in South Africa has evolved significantly over the past three decades, with the King Code playing a central role in shaping responsible and sustainable business practices.

Merging ahead: Navigating South Africa's complex competition landscape

The last quarter of 2024 and the beginning of 2025 were marked with a flurry of activity by the South African competition authorities, which signalled a shift from their recent overemphasis on public interest effects of mergers, to age-old competition considerations.

Déjà Vu: Moss v Road Accident Fund

The recent judgment in Moss v Road Accident Fund, handed down by the Western Cape High Court, has reignited debate regarding the Road Accident Fund's (RAF's) liability to compensate accident victims for past medical expenses already covered by their medical aid.

Navigating the retirement maze: Mechanisms of retirement implementation

In the dynamic landscape of workforce management, the concept of retirement age holds both rational and practical importance. For employers, understanding the legal framework is crucial for ensuring compliance and adapting to evolving standards.

Establishing liability against a hospital for nurses' negligence: SN obo ON v MEC for Health, Eastern Cape (SCA)

In SN obo ON v MEC for Health, Eastern Cape , the Supreme Court of Appeal (SCA) considered whether the hospital staff were negligent in failing to adequately manage and monitor a patient and her foetus during labour, and if so, whether this negligence caused the child’s brain damage.

Recent amendments to the Occupational Health and Safety Act - New regulations

On 6 March 2025, the Minister of Employment and Labour promulgated the Physical Agents Regulations, 2024, the Noise Exposure Regulations, 2024, and a notice regarding amendments to the General Safety Regulations.

Women Leading with Expertise: Navigating Recovery with Confidence

At the heart of every successful turnaround is a team that combines legal excellence, strategic foresight, and a deep understanding of commercial realities.

Honesty is the best (and paramount to your) policy: Mavela v Outsurance

In the recent case of Mavela v Outsurance Insurance Company Limited, the High Court (Free State Division, Bloemfontein) considered an insurer's right to reject a claim where the insured misrepresented facts and/or failed to provide accurate and complete information.

Transacting with oneself

This article examines the tax implications of transactions between branches, the consequences of individuals claiming the value of their labour as a deduction, and the implications of debtors acquiring their own debt. References to ‘para’ are to paragraphs of the Eighth Schedule to the Income Tax Act 58 of 1962 (Act) and references to ‘s’ are to sections of that Act unless the context otherwise indicates.

Mine health and safety: Amendments to regulations determining occupational exposure levels for airborne pollutants

The Minister of Mineral and Petroleum Resources has published amendments to the occupational exposure limits for airborne pollutants, which will come into effect on 26 June 2025.

Understanding employers’ pension fund obligations: Directors’ personal liability for unpaid pension contributions

In today’s challenging economic climate, many companies face financial distress and even insolvency. However, recent legal developments make it clear that financial hardship is no excuse for failing to meet statutory obligations, particularly the obligation to pay over retirement fund contributions deducted from employees' salaries.

Pro bono legal support to survivors and families of victims of apartheid-era crimes

In 2024, South Africa celebrated 30 years of constitutional democracy; and freedom from the oppression of the violent and racist apartheid state. The multi-party and multilateral negotiations between 1990 and 1993, and the country's first democratic elections in 1994 were humanitarian triumphs that promised peace, social justice, equality, human dignity and the protection of fundamental freedoms for all under a new constitutional and developmental state.

Under pressure: Navigating financial regulatory heat in South Africa in 2025

We explore key regulatory trends shaping South Africa’s legal and compliance landscape in 2025 and offer practical guidelines on how businesses can navigate them.

Heightened responsibilities for employers amidst employment equity amendments: The introduction of Economic Sectors targets

The Minister of Employment and Labour ("the Minister") has published the Employment Equity Regulations, 2025 ("the 2025 Regulations") under the Employment Equity Act 55 of 1998 (EEA), as amended, together with the notice identifying national economic sectors and determining the sectoral numerical targets effective from 15 April 2025.

Webber Wentzel shortlisted in seven categories at the African Legal Innovation & Technology Awards 2025

Webber Wentzel has been recognised as a finalist across seven categories at this year’s African Legal Innovation & Technology Awards, underscoring the firm's ongoing efforts to evolve legal service delivery across the continent.

FSCA proposes new reporting and disclosure requirements for short sales

Following extensive industry feedback on the draft conduct standard regarding the reporting and disclosure of short sales, published in March 2023, the FSCA has engaged with targeted stakeholders and published a revised version for a second round of public consultation. Comments should be submitted until 19 May 2025.

Update: 90-Day pause on increased US tariffs for South African goods

On 9 April 2025, the President of the United States of America, Donald Trump, announced a 90-day “pause” on the implementation of most increased tariff rates.

Employer’s failure to intervene renders female pastor successful in constructive dismissal claim

A recent Labour Court judgment confirms that where employers fail to properly address grievances or mitigate the cause of an employee’s complaint, a constructive dismissal claim may succeed.

International Trade Law Hub

As a leading law firm with an integrated international trade and investment law practice, we offer a unique perspective on the legal and commercial issues shaping international trade.

Webber Wentzel elevates rising stars to partnership

Webber Wentzel is pleased to announce the promotion of 13 outstanding senior associates to the partnership, effective immediately.

Bowmans, Webber Wentzel and Werksmans intervene to review Legal Sector Code

Bowmans, Webber Wentzel and Werksmans have intervened in the legal proceedings initiated by Norton Rose Fulbright (NRF) to review the Broad-Based Black Economic Empowerment Legal Sector Code of Good Practice (LSC).

The agricultural sector can overcome the impact of potential AGOA exit

The hostile disposition of the United States' (US) President Donald Trump towards South Africa raises serious concerns about the possible exclusion of South Africa as a beneficiary of the African Growth and Opportunity Act (AGOA) which is set for renewal in 2025.

USA tariffs increase on South African imports

On 2 April 2025, the President of the United States of America (USA), Donald Trump, issued an executive order imposing an additional 10% import duty on nearly all imports into the USA.

Investing in the Lobito Corridor: Focus on ESG-related disputes

A recent policy brief published by the United Nations examined challenges that may be encountered in developing the Corridor. The brief highlighted concerns about environmental impacts, the necessity of ensuring adequate local development, managing community conflict, promoting gender inclusivity, and protecting human rights.

Webber Wentzel alumni event in London (second edition)

A heartfelt thank you to everyone who joined us for our Webber Wentzel alumni sundowner in London last week. It was a pleasure reconnecting, hearing about your achievements and sharing a taste of home.

Liability on the move: What the SCA says about runner-spectator accidents

Running is a popular sport, whether for health, social engagement, or community awareness. But what happens when a runner collides with a spectator? This question was considered by the Supreme Court of Appeal (SCA) in the recent judgment of Kalmer v Davids NO (in her capacity as Executor in the Estate: Late Yasmin Salie) and Another.

Visa Backlog: Relief For Foreign Nationals Amid Processing Delays

Acknowledging the ongoing visa processing backlog, the Department of Home Affairs (DHA) has reaffirmed its commitment to improving efficiency in visa and permit issuance. As part of this effort, a new Immigration Directive has been issued, extending relief to foreign nationals awaiting the outcomes of their pending visa, waiver, and appeal applications until 30 September 2025.

Companies Amendment Acts of 2024 - A deep dive into the newly introduced director and prescribed officer remuneration provisions

The Companies Amendment Acts of 2024 (Amendment Acts) were signed into law on 30 July 2024. The Amendment Acts aim to enhance the ease of doing business by clarifying, simplifying, and strengthening certain sections of the Companies Act 71 of 2008 (Companies Act), while also improving transparency and disclosure requirements for companies.

Dismissal of employees based on age: Is termination lawful after the normal or agreed retirement age?

Section 187(1)(f), read together with Section 187(2)(b) of the Labour Relations Act 66 of 1995 (LRA), provides that a dismissal based on age discrimination is automatically unfair unless the employee has already reached their normal or agreed retirement age.

Set-off of ring-fenced assessed loss against taxable capital gain on disposal of immovable property

Section 20A was inserted into the Income Tax Act 58 of 1962 (ITA) and applies to the 2005 and subsequent years of assessment. It applies to individuals whose taxable income places them in the highest tax bracket before considering any assessed loss or balance of assessed loss brought forward from the previous year of assessment.

Gautrain expansion set to boost Gauteng’s economy and transport network

On 26 February 2025, the Member of the Executive Council (MEC) for Roads and Transport in Gauteng issued a Notice of Route Determination of a Railway Line for the Soweto Extension and Cosmo City Junction of the Gauteng Rapid Rail Integrated Network Extension Project.

Courts clamping down on business rescue abuse: An analysis of Globustarr Trading Co L.L.C. v Mayana Properties (Pty) Ltd

Ulterior motives disguised as good faith business rescue proceedings have become a growing concern in South African insolvency law. The introduction of the Companies Act, 2008 (2008 Act) was a significant shift, promoting business rescue as a preferred alternative to liquidation. However, courts have increasingly encountered cases where business rescue applications are used as a delay tactic, raising concerns about abuse.

Webber Wentzel Maintains Top-Tier Status in The Legal 500 Rankings

Webber Wentzel has once again been recognised as a leading law firm in the Legal 500 Europe, Middle East & Africa (EMEA) 2025 guide, securing the most Tier 1 rankings of any firm in South Africa. This marks the 12th consecutive year that Webber Wentzel has achieved this distinction.

Legal developments for businesses to monitor in 2025

In 2025, South African businesses must navigate significant legal developments across multiple sectors. Key company law amendments have taken effect, enforcing stricter beneficial ownership disclosures. Tax reforms include the global minimum tax and changes to partnership definitions. The JSE has introduced a new BEE Segment to boost empowerment listings. Employment laws emphasise equity and pay transparency, while financial regulators increase AML enforcement amid greylisting concerns.

Courts clamping down on business rescue abuse: An analysis of Globustarr Trading Co L.L.C. v Mayana Properties (Pty) Ltd

Promoting excellence: Meet Webber Wentzel's new senior associates

Webber Wentzel is proud to announce the promotion of a group of talented associates to senior associate, recognising their hard work, dedication and contribution to the firm.

Electronic Services – New Regulations usher in a new dispensation – but do they work?

The long-awaited Regulations introducing a general business-to-business (B2B) exclusion (although in this case a business-to-registered vendor exclusion) for the electronic services supplied from outside South Africa to specified recipients within the country were issued on Friday, 14 March 2025. The changes come into effect on 1 April 2025.

The effective use of disclaimer notices and clauses to exclude liability

In recent years, South African courts have upheld the enforceability of disclaimer notices, provided they meet specific legal requirements. A disclaimer notice is a contractual clause that exempts one party from liability for losses incurred by another party. Businesses frequently use these notices to mitigate or limit risk.

Understanding OHSA: Labour Court clarifies inspectorate powers and the meaning of reasonably practicable

In the recent judgment of Truworths Limited v The Chief Inspector: Occupational Health and Safety, Department of Employment and Labour, the Labour Court provided critical guidance on what constitutes 'reasonably practicable' under the Occupational Health and Safety Act 85 of 1993 (OHSA).

Supreme Court of Appeal judgment encourages capital investment by mining companies

Tax policies influence investment decisions. To incentivise miners, the Income Tax Act allows mining companies to claim deductions for mining capital expenditure, commonly referred to as 'mining capex'.

Did you provide accurate information to your insurer?

The recent judgment in Viantha Naidoo v Discovery Limited and Another highlights the potential consequences of misrepresenting facts to insurers, particularly the negative impact on coverage when a claim under the relevant insurance policy is later lodged.

Beyond the disclaimer sign: mitigating slip-and-fall liability in public spaces

Anyone who walks into a retail store or public facility, be it a supermarket, hardware store, or gym, will be familiar with the disclaimer notice placed near or at the front entrance.

The Thistle Trust v C: SARS – the Constitutional Court has spoken

On 2 October 2024, after an excruciating delay of eight months, the Constitutional Court finally delivered its judgment in the matter of The Thistle Trust v C: SARS. The judgment spans 59 pages and was a majority (6/8) decision with two dissenting judges.

Who’s to blame? Court finds claimant partially liable for own injuries

In a recent judgment that highlights the importance of maintaining safe premises for public use and the need for individuals to exercise reasonable care for their own safety, the court in Stephens vs Minister of Police found the plaintiff partially liable for injuries sustained by him when he fell at a police station.

Key Amendments to the Companies Act

Specific sections of the Companies Amendment Act, 2024 and the entire Companies Second Amendment Act, 2024 (collectively, Companies Amendment Acts, 2024) came into effect on 27 December 2024. The Companies Amendment Acts, 2024 introduce several changes to the Companies Act, 2008 (Companies Act).

Major Hazard Installation Regulations, 2022: Reminder of key dates for compliance by duty holders

The Major Hazard Installation (MHI) Regulations were published in January 2023, repealing the 2001 MHI Regulations. The implementation of the MHI Regulations follows a staged approach over 36 months, with duty holders expected to have already complied with several obligations while others take effect by January 2026.

VAT rate increase: Key considerations for businesses ahead of May 2025

The 2025 Budget tabled by Finance Minister, Enoch Godongwana in Parliament on Wednesday, 12 March 2025, saw the 2% VAT increase initially proposed in February 2025 replaced by two consecutive 0.5% increases, bringing the VAT rate to 16% in the 2026/27 financial year.

Webber Wentzel welcomes Charles Smith as Partner in the Corporate Business Unit

Webber Wentzel is pleased to welcome Charles Smith as a partner in its Corporate Business Unit. Charles brings a wealth of experience in corporate transactions, including takeover bids, mergers and equity raises, with a strong focus on cross-border deals.

2025 Earnings threshold to expand the pool of “protected” employees

With effect from 1 April 2025, the earnings threshold will increase to ZAR 261,748.45, entitling employees falling below the new threshold to stricter protections under labour legislation.

Government and revenue: VAT delayed the budget, but an increase is still likely

The 2025 Budget will be historic not for one but two significant reasons. The first is the Government of National Unity (GNU) embodying democracy in action, the first time the Budget has been delayed in South Africa’s post-apartheid history.

Competition and Trade Law Developments in 2024 and 2025 Outlook

In this document, our Competition and Trade Law team explores the key developments of 2024 and provides insights into what lies ahead in 2025.

Key themes driving African private equity in 2025

Securing capital for new and successor funds has become increasingly challenging, prompting more agile fund managers to innovate and adapt.

South Africa is making moves to become an important EV manufacturer in the future

A year ago, South Africa was mired in loadshedding, with the importance and relevance of electric vehicles (EVs) far from the public imagination. How can a country that struggles to keep the lights on dedicate time and resources to building out an EV future?

What if your client's beneficial owner is in a sanctioned jurisdiction?

This article relates to accountable institutions listed in Schedule 1 to the Financial Intelligence Centre Act 38 of 2001 (FIC Act) and examines (i) beneficial ownership and (ii) whether an accountable institution must terminate a relationship with a client if the client has a beneficial owner in a sanctioned jurisdiction.

Upcycling for a greener fashion industry: Balancing sustainability and intellectual property

It is estimated by the United Nations Environment Programme that 20% of global water waste and 10% of global carbon emissions are produced by the fashion industry. It is predicted that by 2030, emissions solely from textile manufacturing, are projected to skyrocket by 60%.

Webber Wentzel: At the Forefront of Private Equity in Africa

As proud sponsors of the SAVCA PE Conference 2025, we are committed to driving impactful discussions on investment opportunities, regulatory shifts, and market trends influencing private equity across Africa.

Expropriation without compensation: Implications for the insurance industry

The Expropriation Act 13 of 2024 (the Act), which has been promulgated to give effect to the Property clause in the Constitution of the Republic of South Africa, 1996 has drawn mixed reactions both locally and abroad.

Labour Court scrutinises and overturns retrenchment

A recent Labour Court (LC) judgment considers the misuse of section 189 of the Labour Relations Act (LRA).

King V Draft published for public comment

On 24 February 2025, the Institute of Directors (IoDSA) published a draft King V Code on Corporate Governance for South Africa and an accompanying glossary and disclosure template (collectively, the King V Draft) for public comment.

Legal dispute over performance guarantee: Aveng (Africa) (Pty) Ltd and Strabag International GmbH v South African National Roads Agency SOC Ltd

In the notable case of Aveng (Africa) (Pty) Ltd and Strabag International GmbH v South African National Roads Agency SOC Ltd and Another (Case no. 577/2019) [2020] ZASCA 146), the Supreme Court of Appeal (SCA) of South Africa addressed a significant dispute regarding a performance guarantee in a major construction project.

Court of Appeal rules on composite policies in Covid-19 business interruption claims

The Court of Appeal of England and Wales has handed down its judgment in the long awaited Covid-19 business interruption test cases. In the landmark judgment, the Court of Appeal dismissed the insurers appeal and provided significant clarity on the issue of composite policies in the context of business interruption insurance claims.

Atypical remuneration structures: How does the minimum wage apply to workers not remunerated by the hour in the retail sector?

Given the adjustment to the national minimum wage taking effect on 1 March 2025, we consider the remuneration of retail workers on bases other than hours worked, such as commission-based remuneration, and the challenges presented in complying with the National Minimum Wage Act 9 of 2018 (NMWA) under these arrangements.

Whose line is it anyway? RAF v Medical Aid

The recent judgment of Rahldeyah Esack v the Road Accident Fund, handed down by the Western Cape High Court, has contributed to the ongoing legal debate regarding the Road Accident Fund's (RAF's) liability to compensate accident victims already covered by their medical aid.

The Expropriation Act: A solution to South Africa's land reform challenges?

The Expropriation Act (the Act), recently signed into law by President Ramaphosa, has sparked mixed reactions from various groupings across the country. Some, probably influenced by certain misconceptions, remain strongly opposed to the Act's purport, while some have strongly defended the Act.

Key takeaways from Mining Indaba 2025: Balancing critical mineral demand and human rights in Africa

The Mining Indaba 2025 panel discussion we hosted on Sustainable Mining in Africa: Balancing Critical Mineral Demand and Human Rights brought together industry leaders to tackle one of the most pressing challenges of our time—how to meet the rising global demand for critical minerals while upholding human rights and ensuring meaningful community engagement.

FIC publishes final Guidance Note 7A on the implementation of the risk management and compliance programme in terms of section 42 of the Financial Intelligence Centre Act

The Financial Intelligence Centre (FIC) concluded a comprehensive consultation process, resulting in the publication of the final Guidance Note 7A (GN 7A) on 13 February 2025. GN 7A replaces Guidance Note 7 (GN 7), incorporating valuable stakeholder input from three rounds of consultation held between April 2022 and June 2024.

Webber Wentzel celebrates multiple wins at the 2024 DealMakers Annual Awards

Webber Wentzel has once again been recognised for excellence at the 2024 DealMakers Awards, held on 18 February 2025. These prestigious awards honour South Africa’s top legal and financial advisers and celebrate outstanding achievements across the industry.

The intersection between border security and trade facilitation: Opportunities and threats presented by the AfCFTA

The establishment of the African Continental Free Trade Area (AfCFTA) is a monumental step toward reshaping Africa’s economic landscape. Encompassing 54 of the 55 African Union member states, it aims to create a single market of approximately 1,4 billion people with a combined GDP of USD 2,4 trillion as of 2024.

Atypical remuneration structures: How does the minimum wage apply to workers not remunerated by the hour?

Given the adjustment to the national minimum wage taking effect on 1 March 2025, we consider the remuneration of workers on bases other than hours worked, such as commission-based remuneration, and the challenges presented in complying with the National Minimum Wage Act 9 of 2018 (NMWA) under these arrangements.

Launch of the Free Expression Legal Network to support free expression and free media

The Free Expression Legal Network, a new initiative dedicated to strengthening legal protections for free expression and media freedom, was launched at Webber Wentzel's Sandton office on 18 February 2025, with more than 50 people in attendance.

Webber Wentzel celebrates its Chambers Global 2025 rankings

Webber Wentzel has once again affirmed its position as a leading law firm in South Africa with outstanding results in the Chambers Global 2025 rankings. The firm has secured 15 Band 1 category rankings, maintaining its status as the top-ranked Band 1 firm in the country.

Treasury companies

The term ‘treasury company’ is used here to refer to a subsidiary of a holding company that holds its holding company’s shares. This arrangement has some tax advantages but there are also some pitfalls that need to be borne in mind.

The Market Code, Market Players, the Multi-Market and Market Concerns: A snapshot of South Africa's electricity market over the next six years

At the beginning of the year, the Electricity Regulation Amendment Act 38 of 2024 (ERAA) came into effect, promising to facilitate "an open market platform that allows for competitive electricity trading."

Webber Wentzel Shortlisted for Prestigious DealMakers and IFLR Africa Awards

Webber Wentzel is proud to announce its inclusion in the DealMakers and IFLR Africa shortlists, recognising the firm’s outstanding contributions to the legal industry.

Partnership pitfalls

En commandite partnerships are back in vogue today as an investment vehicle for investors to take advantage of the solar incentives in ss 12B and 12BA of the Income Tax Act 58 of 1962 (Act). However, if not structured properly, they may not produce the desired outcome. In some instances, the law is unclear and in others it can impose an uncommercial burden on an investor.

Investing in the Lobito Corridor: International Arbitration as a key dispute resolution mechanism

The Lobito Corridor, a 1,300 km railway project, is set to become a vital trade route, linking the mineral-rich regions of the Democratic Republic of the Congo (Congo) and Zambia to Angola's Port of Lobito. The project promises significant benefits, including infrastructure development (rail, road, and water), increased trade, economic growth, and reduced logistics costs.

National Minimum Wage Increases from 1 March 2025 as New Rates Take Effect

The Minister of Employment and Labour has announced adjustments to the national minimum wage, which will take effect on 1 March 2025.

Forgotten influence in the mining industry: The procurement mafia

It is understandably popular public opinion that the construction mafia is associated with the traditional sector of construction and the built environment. However, its influence is a highly negative phenomenon stretching far beyond the construction industry.

Fintech Year in Review 2025

The year 2025 is ear marked to be a landmark period for the fintech industry, marked by ground breaking innovations, regulatory milestones, and continued push towards financial inclusion.

Webber Wentzel Announces Strategic Appointments to Strengthen Key Practice Areas

Webber Wentzel, a leading African law firm, is pleased to announce the appointment of a group of accomplished professionals to its team. These strategic appointments underscore the firm’s commitment to growth and the expansion of its capabilities across key practice areas, including Banking, Corporate, Commercial and Dispute Resolution.

Energy transition brings mining beneficiation into focus. Who wins?

Energy is on the minds of policymakers worldwide. In South Africa, while we may be at the beginning of the end of loadshedding, the government and broader society continue to keep a watchful eye on the energy supply. It is somewhat ironic, or perhaps opportune, that loadshedding occurred at a time when the world began pivoting away from fossil fuels to cleaner forms of energy in earnest and despite machinations of a revision to fossil fuels, this trend looks to continue here and abroad.

Mantashe: It’s time for Africa to take command of its mining future

As rapid evolution and change remains the only constant in mining, Mineral and Petroleum Resources Minister Gwede Mantashe spoke strongly of the need for African countries to collaborate to maximise the returns from the extractive industry by realising the value of local beneficiation.

The future of mining depends on the industry’s ability to finance itself

It is perhaps ironic that as the world moves toward a cleaner future, more mining is projected to take place to facilitate the "Just Energy Transition". The Just Energy Transition is a fundamental shift in how the world generates power and continues to be a major disruptor in the mining and metals sector.

Competition Commission aims to provide clarity on internal restructurings

The legal position on whether internal restructurings within South African businesses require prior approval from the competition authorities has been uncertain for some time. In a welcome development, on 24 January 2025, the Competition Commission took steps to clarify this issue by publishing draft guidelines on internal restructurings.

Harnessing the Potential of Critical Minerals in Southern Africa: A Catalyst for Sustainable Growth

Southern Africa is poised at a unique crossroad - a moment of unparalleled opportunity to leverage its vast reserves of critical minerals to drive not only economic transformation but also a green and sustainable future.

A closer look at the draft Code of Good Practice on Dismissals

A new draft Code of Good Practice on Dismissals (draft COP) seeks to introduce notable changes to Schedule 8 of the Labour Relations Act, 1995 (LRA), which provides guidance on the fairness of dismissals.

The Electricity Regulation Amendment Act and South Africa's new era of electricity market transformation

On 1 January 2025, the Electricity Regulation Amendment Act 38 of 2024 (ERAA) came into effect, following extensive stakeholder engagement and multiple draft iterations.

Confluence of geopolitics, energy, and trade is driving change in African mining industry

The African mining sector is at an exciting juncture in 2025. Three macro trends are converging simultaneously within the industry, creating opportunities for mining operators, African governments, and communities alike.

Mining industry can play a key role in addressing the scourge of gender-based violence

In an industry which can reach, and positively impact, large numbers of people through its engagement with direct employees, contractors, stakeholders and community members, mining companies have a unique ability to drive positive change in the fight against gender-based violence, femicide and broader safety and security challenges experienced by women, both in and outside of the workplace.

Certain amendments to the Companies Act now in effect: a quick reference guide

Specific sections of the Companies Amendment Act, 2024 and the entire Companies Second Amendment Act, 2024 (collectively, Companies Amendment Acts, 2024) came into effect on 27 December 2024.

Improving mining infrastructure for economic growth

Infrastructure is a bellwether of a country’s potential for economic growth. Governments that spend on infrastructure give themselves the best chance to succeed, while underinvestment restrains inclusive economic prosperity.

The communities we leave behind: Charting a sustainable legacy for mining in South Africa

The 2025 Mining Indaba theme, "Futureproofing African mining, today," compels us to reflect on the legacies mining companies create and the responsibilities they shoulder in shaping the lives of communities long after mining activities have ceased.

Webber Wentzel Mining Indaba Hub

Mining is at the core of who we are. For over a century, we have delivered innovative solutions to our clients' most complex legal challenges in Sub-Saharan Africa’s mineral-rich countries.

National Treasury proposes further Companies Act amendments in connection with disclosure of companies' shareholding

On 19 December 2024, the National Treasury published the Draft General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill, 2024 (Draft Bill) for public comment.

Draft PCC 23A – Guidance provided for determination of credit providers as accountable institutions

With effect from 19 December 2022, schedule 1 to the Financial Intelligence Centre Act, 38 of 2001 (FICA) was amended to include persons who provide credit in the list of accountable institutions in schedule 1 of FICA.

When does an arbitrator have jurisdiction to entertain a claim?

In a recent case the Supreme Court of Appeal (SCA) dealt with a matter whereby, it had to determine whether a dispute existed between the parties at the time of the arbitration referral and whether the dispute referred to arbitration was consistent with the claim presented in arbitration.

Webber Wentzel welcomes the next generation of legal talent

We are proud to welcome our 2025 cohort of 55 candidate attorneys, who will embark on a transformative two-year training programme designed to lay the foundation for their success.

Backdating

The question of backdating frequently arises in practice and it is important to understand when it is acceptable and when it is not.

A guide to some key risks wellness tourism operators should be mindful of

The global wellness tourism sector is among the fastest growing worldwide. According to the Global Wellness Institute, which defines wellness tourism as travel tourism that seeks to improve or maintain a person’s well-being, the industry was worth USD 651 billion in 2022 and is projected to be worth USD 1,4 trillion by 2027.

Contingent Value Rights: Bridging the valuation gap in public M&A

South Africa is not immune to the global mergers and acquisitions (M&A) valuation gap between the price sellers are willing to accept and that which purchasers are willing to pay.

Formula 1 racing ready to make a pit stop in South Africa

Rumours are rife that South Africa's iconic Kyalami Grand Prix Circuit could be gearing up to host Formula 1 racing again. Kyalami hosted its first race in 1961 before it fell off the Formula 1 calendar in 1993, and Africa has not been a host to another race since then.

Personalisation in advertising - Data protection and privacy issues

The proliferation of intelligent technologies such as artificial intelligence (AI) has created opportunities for players within the consumer sector to harness the capabilities of new tools to enhance the customer experience.

Standing out in a crowded PE market: Overcoming intensified capital raising challenges

The private equity (PE) fundraising landscape, historically dynamic and competitive, has become increasingly challenging in recent years. As a number of funds compete for limited investor capital, a consistent question we get as fund formation lawyers is: 'How have successful asset manager clients secured capital in this crowded market'?

Reimagining sustainable development in African mining: The catalyst approach

In the complex landscape of African mining, particularly in South Africa, the concept of sustainable development has long been a point of contention.

Sally Hutton completes a decade as Managing Partner of Webber Wentzel: Safiyya Patel is appointed as her successor

After nearly a decade as Managing Partner at Webber Wentzel, earlier this year, Sally Hutton advised the partners that she would not make herself available for re-election when her second term ends on 1 March 2025.

New direct marketing requirements under the Consumer Protection Act

The Department of Trade and Industry has proposed new direct marketing requirements under the Consumer Protection Act. These amendments will require direct marketers to implement several modifications to their business practices.

Employment Equity compliance and consultancy offering

The Employment and Employee Benefits practice group has extensive experience providing legal advice and representation on employment equity matters. Building on this foundation, the team is pleased to announce the launch of its dedicated Employment Equity compliance and consultancy offering .

ESG trends in the retail sector

As consumers become more discerning, environmental sustainability, social engagement and good governance will continue to demand the attention of all retail sector stakeholders.

Draft Determination relating to Foreign Collective Schemes Soliciting Investments in the Republic

On 29 August 2024, the Financial Sector Conduct Authority (FSCA) published the draft Determination relating to Foreign Collective Schemes Soliciting Investments in the Republic (draft Determination) and invited written submissions which were due on or before 11 October 2024.

Striking a balance between performance and protection – wearable technologies in sports

The global sports industry is worth over USD 400 billion. Athletes and players who compete at a professional level often perform under conditions of stress, overexertion and overtraining. To optimise their physical performance, the industry has adopted various technologies.

Part 1: The employee that cried wolf: Malicious whistleblowing and its effects

Whistleblowing is widely regarded as a critical tool for promoting transparency and accountability in organisations. It allows individuals to report unethical behaviour or misconduct without fear of retaliation.

The rise of regional and continental competition regulators: good for M&A or cause for concern?

Competition laws are being enforced in most African countries. In the past year, several new national and regional competition regulators became operational, and plans are underway for the African Continental Free Trade Agreement (AfCFTA) to harmonise competition law across the continent.

The transformative power of Employee Share Ownership Policies (ESOPs)

Employee share ownership policies (ESOPs) in the current labour environment are far more than a passing trend; they are a transformative tool that simultaneously impact several areas of a business.

Part 2: Wolves in sheep's clothing: The importance of investigating malicious whistleblowing

As discussed by Webber Wentzel's employment team, whistleblowing can be abused by those seeking to further their own ends or purposefully harm an individual or wider organisation.

South African sport can benefit from private equity through due diligence and preparation

Private equity (PE) transactions in the sporting world have recently caught the public’s attention. Numerous news reports have noted how several key parties have raised objections to the proposed transaction between SA Rugby and Ackerley Sports Group, with the Springbok brand at the centre of discussions.

Botswana: A new era of governance and investment

The political landscape in Botswana has shifted significantly with the recent electoral success of the Umbrella for Democratic Change (UDC), which ended 58 years of rule by the Botswana Democratic Party (BDP).

Protecting IP in South African Esports: A strategic approach to sponsorship

Esports is a rapidly growing industry in South Africa, with the sector expected to reach ZAR 3 billion in revenue by 2030 and a compounded annual growth rate of 29.5% between 2024 and 2030 . These statistics indicate that South Africa contributes approximately 1.2% of global revenue to the sector, establishing it as the market leader in Africa.

Webber Wentzel honoured at the 12th annual Private Equity Africa Awards

Webber Wentzel was proudly honoured with recognition for excellence in Private Equity across Africa at the 12th annual Private Equity Awards. The awards ceremony took place on 19 November 2024, at the Royal Lancaster London Hotel.

PART 2: How businesses can proactively combat the scourge of the construction mafia

In part 1 of this article, we provided a background to the Preferential Procurement Policy Framework Act (PPPFA) in the construction industry. While the PPPFA arguably created an unintended foothold for the construction mafia, we, fortunately, have the benefit of other legislation (including foreign frameworks), which (if enforced and/or adopted) can provide a strong foundation for combatting extortion, corruption and organised crimes.

PART 1: How businesses can proactively combat the scourge of the construction mafia

The issue of extortionist rackets impacting construction projects has escalated to such a degree that Police Minister Senzo Mchunu has name-checked the construction mafia several times in public since his appointment in July 2024, making it a priority for the current administration.

Forensic investigations: the vitality of due process and the promise of AI (with care)

Fraud is among the most challenging crimes to combat in a large organisation. To stop fraudulent activity at the source, large organisations rely on a combination of anti-fraud legislation and internal policies and procedures.

A year of excellence: Webber Wentzel’s Forensic Services team marks a milestone

A year ago, Webber Wentzel strengthened its commitment to providing top-tier forensic services by establishing a dedicated Forensic Services team.

Obligations of insurers related to cybersecurity and outsourcing

The Financial Sector Conduct Authority (FSCA) and Prudential Authority (PA) have announced that Joint Standard 1 of 2024 (Outsourcing by Insurers) and Joint Standard 2 of 2024 (Cybersecurity and Cyber Resilience Requirements), will be effective on 1 December 2024 and 1 June 2025 respectively.

The NHI Act: A flawed execution of a laudable idea

Robust contestation on how to best fulfil the fundamental rights of South Africans complements and strengthens our constitutional democracy.

Mauritius opposition win: Policy changes Mauritius businesses should be on the lookout for

On 12 November 2024, the final results of Mauritius' General Elections were announced. The opposition party, Alliance du Changement (Alliance for Change), emerged victorious, securing 62.6% of votes and winning all 60 parliamentary seats.

Navigating continuation funds in private equity

Continuation funds are rapidly becoming a game-changer in private equity, representing a more nuanced approach to managing investments beyond their original term.

Understanding Statement 102 within South Africa’s B-BBEE framework

The Broad-Based Black Economic Empowerment Act of 2003 is an important part of the South African legal landscape. One aspect of the Act used to measure compliance with the Act is how businesses are classified according to their B-BBEE level, ranging from the highest, Level 1, to the lowest, Level 8 (or worse, non-compliance).

ESG frameworks within the African oil and gas sector benefit operators and communities if seen as a strategic tool

A strategic approach within the African oil and gas industry that considers Environmental, Social and Governance (ESG) as a tool to enhance operational effectiveness at a community level can provide value to investors, natural resource companies and communities in project areas.

Latest developments in South African immigration: Point-based system, remote work visa, visa backlogs and extended concessions

Over the past 10 months, the Department of Home Affairs (DHA) rolled out several significant changes that will impact the immigration space in South Africa.

The Chamber of Financial Secrets: Uncloaking the mysteries of administrative penalties

ZAR 475 million, ZAR 210 million, ZAR 59 million, these are not lottery-winning jackpot amounts. They are some of the eye-watering administrative penalties that have recently been imposed by the Financial Sector Conduct Authority (FSCA) and the Prudential Authority (PA).

Have you tried using a Contingent Value Right?

A contingent value right (CVR) is a type of instrument or arrangement that creates an obligation on a purchaser to pay a seller additional consideration on the occurrence of a pre-agreed future event – the instrument can be structured as tradeable or non-tradeable.

Simplifying to save Gauteng's judicial system

South Africa's Constitution leaves no room for ambiguity: every person has the right to have any dispute that can be resolved by the application of law adjudicated in a fair and public hearing before a court.

Understanding your rights and obligations under the Cybercrimes Act: An integral aspect of businesses' data and information protection processes

Businesses in South Africa are required to notify authorities of certain offences, although they are also empowered to rely on certain legislation to protect and enforce their rights against criminals.

Regulator starts to crack down on EPR free riders

Despite coming into force in 2021, many businesses seem to be unaware of the laws pertaining to Extended Producer Responsibility (EPR). The Department of Forestry, Fisheries and the Environment (DFFE) is cracking down and has issued 37 pre-compliance notices to non-compliant EPR producers in the Electrical & Electronic Equipment (E&EE) sector.

Should all tokens be equal in the crypto market?

As of June 2024, the Financial Sector Conduct Authority (FSCA) has issued 138 crypto asset service provider (CASP) licences. With the rolling out of licences, the discussion around the crypto industry moves from whether crypto assets should be regulated, to more detailed topics around "what should be regulated?" and "how should it be regulated?"

WITS gala honours Webber Wentzel's graduate team

Webber Wentzel's graduate team celebrated a successful evening at the Wits Law Gala Dinner, on Saturday, 5 October 2024. The annual event, hosted by the Wits Law Student Council, recognises the achievements of final-year law students. The Webber Wentzel team was honoured with two prestigious awards: the Best Merch Award and the Empower Her Project of the Year award.

Webber Wentzel Advises on Industry-Leading R27,7 Billion Secured Funding Restructure for Redefine Properties

Webber Wentzel is proud to announce its involvement as lenders’ counsel in the successful restructuring of Redefine Properties' R27,7 billion secured funding arrangement. This landmark transaction is the largest of its kind in the South African listed property sector and introduces a transformative approach to how secured funding is managed.

Alternative dispute resolution mechanisms in the criminal justice system

In February 2023, South Africa was greylisted by the Financial Action Task Force (FATF) - a significant global development that signals a country's failure to comply adequately with international standards for combatting money laundering and terrorist financing.

Draft Mine Health and Safety Amendment Bill, 2024: Key considerations for employers

The Minister of Mineral and Petroleum Resources has introduced the Mine Health and Safety Amendment Bill in the National Assembly.

The high cost of hidden chats: Regulators crack down on employee messaging

It is vital for employees to understand how to conduct themselves during dawn raids or interactions with regulators. Failure to do so may result in significant consequences for the employer.

Best practice guideline on community consultation in the South African extractives industry 2024

We collaborated with Corruption Watch to create a comprehensive best practice guide for community consultation in the South African mining industry.

Loadshedding respite should not breed complacency

2023 represented a low-water mark in South Africa’s electricity production story. The country experienced over 6,800 hours of loadshedding, much of it at stage 6 – which saw South Africans go without power for up to 12 hours or more a day. What is positively startling is how different 2024 has been.

Non-resident beneficiaries of resident trusts and the 2023 amendments to s 25B

The Taxation Laws Amendment Act 17 of 2023 made changes to s 25B(1) and (2) of the Income Tax Act 58 of 1962 (Act) that have profound tax implications for resident trusts with non-resident beneficiaries. The amendments apply to the 2025 and subsequent years of assessment and commenced on 1 March 2024.

Interest payable to SARS

Section 272 of the TAA deals with short title and commencement and provides that the TAA comes into operation on a date to be determined by the President in the Gazette. This is proclamation 51 in Government Gazette 35687 of 14 September 2012.

Navigating global insolvency proceedings: A study of Mirror Trading International

In today’s increasingly globalised and internet-driven commercial landscape, the likelihood of legal proceedings crossing borders, and attracting the complexities of cross-border disputes, is higher than ever. It has become crucial for businesspeople and attorneys to anticipate this possibility and, where appropriate, prepare accordingly.

Global Antitrust Enforcement Index 2024

Webber Wentzel has collaborated with Linklaters on a publication analysing global antitrust enforcement trends from 2021 to 2023. The report highlights five significant trends observed across Asia, Europe, and the US, providing insights to help companies navigate the evolving regulatory landscape.

Clarity on how multi-tier trust distributions of capital gains should be taxed

The Constitutional Court (CC) handed down judgement on The Thistle Trust v Commissioner for South African Revenue Service CCT 337/22 on 2 October 2023.

Regulatory instruments for financial sector compliance in South Africa

The Financial Sector Regulation Act, 9 of 2017 (FSR Act) commenced on 1 April 2018 and overhauled the entire financial regulatory system in South Africa. In the six years since its enactment, the South African financial landscape has been besieged by high-profile matters of misconduct.

Raising the bar for quality assurance in occupational hygiene and ventilation engineering measurements in mining

On 2 August 2024, the Chief Inspector of Mines issued a guideline directing mine operators to implement a new mandatory code of practice (COP) to better achieve quality assurance for measuring occupational hygiene and ventilation engineering.

2024 changes to Explosives Regulations and the introduction of guidelines on Radio Frequency Devices

The Explosives Regulations, 2024, (Explosives Regulations) were published on 23 July 2024 in terms of section 43 of Occupational Health and Safety Act, 1993. The Explosives Regulations replace those published on 17 January 2003.

Forging safer spaces by tackling GBVF in South Africa's mining sector

Mining sector employers are targeted as key stakeholders in addressing gender-based violence and femicide (GBVF) in South Africa. A guidance note from the Department of Mineral Resources and Energy (DMRE) imposes annual reporting obligations (among others) on employers to take strides against GBVF in the workplace and surrounding communities.

After a decade as Senior Partner at Webber Wentzel, Christo Els will return to full-time practice; Gareth Driver is elected

After almost a decade of leading Webber Wentzel as Senior Partner, Christo Els’ term is coming to a close. Gareth Driver has been elected as the firm’s next Senior Partner, set to take office on 1 March 2025.

Chambers and Partners: Corporate M&A 2024 Key Trends and Insights

Despite a slowdown in 2023, South Africa's M&A market is primed for growth.

SARS increases customs duties for online retail orders: what you need to know

The clothing and textile industry has faced widescale criticism for controversial Environmental, Social and Governance (ESG) practices. South African consumers may imagine themselves to be far from the hub of these issues, but we are all participants in the global supply and demand for fashion.

Protecting your personal information when gaming

Since its inception in the 1950s, video gaming has grown infinitely more popular, advanced, commercialised, and certainly more legally complicated.

Pet food packaging is likely to become subject to stricter regulations for producers, advertisers and retailers

South African pet owners are becoming increasingly concerned about their pets' health and dietary needs. In line with this changing awareness, recent regulatory developments have shown a trend towards stricter regulation of pet food packaging.

Privacy risks of dark patterns in the pet care industry

There is a developing global trend concerning lawsuits filed against 'big tech' by regulators and consumers over the use of potentially deceptive 'dark patterns'.

South Africa - ESG Disputes Bulletin | September 2024

The ESG Disputes Bulletin provides valuable insights into the evolving landscape of environmental, social, and governance disputes in South Africa, offering a brief overview of the recent developments and their implications for businesses and stakeholders.

Shortage of qualified veterinarians in South Africa leads to potential challenges in the agricultural sector

South Africa is experiencing a veterinarian and veterinary nurse shortage, which threatens the profession, food security, public health, and animal welfare.

President Ramaphosa approves new water resources infrastructure agency bill: boosting development and finance in water and sanitation

As South Africa faces an intensifying water crisis, government is placing the spotlight on the water and sanitation sector by shifting from the "business as usual" approach to unlock innovative funding for increased water infrastructure development.

Webber Wentzel recognised at the 2024 African Legal Awards

Webber Wentzel's excellence in Competition, Intellectual Property and Tax law, combined with an innovative approach to legal services, was recognised at the 2024 African Legal Awards held at the Houghton Hotel on Friday, 6 September 2024.

The definition of person’

The definition of ‘person’ in the Income Tax Act 58 of 1962 (ITA) and other taxing statutes forms a critical component of their charging provisions. If the target of the tax is not a person, no tax can be charged even if that target has a representative.

SARS intensifies focus on crypto traders

SARS is increasing its scrutiny of crypto traders by issuing tax notices and clarifying exchange control regulations. Traders must immediately comply to avoid penalties.

The final energy incentive legislation

On 22 December 2023 the Taxation Laws Amendment Act 17 of 2023 was promulgated. It contained the final versions of the renewable energy incentive legislation which I wrote about when it was still in its draft form in the July 2023 issue of ASA. Happily, the final legislation has ironed out many of the gremlins that were in the draft legislation.

Prescription and settlement agreements

SAICA recently made an Annexure C submission on the problem of the prescription of assessments which are the subject of follow-on adjustments involving a dispute in an earlier year of assessment.

Waiver of intra-group loans and the 2023 amendments

The Taxation Laws Amendment Act 17 of 2023, which was promulgated on 22 December 2023, contains two almost identical amendments to s 19 of the Income Tax Act 58 of 1962 (Act) and paragraph 12A of the Eighth Schedule to the Act, which deal with the concession or compromise of a debt.

Asset-for-share transactions: The number of shares conundrum

Section 42 of the Income Tax Act 58 of 1962 (Act) deals with asset-for-share transactions. It provides roll-over relief for persons wishing to transfer assets to a company in exchange for an issue of shares. But how many shares must the transferee company issue in exchange for an asset or assets?

Usufructs: Understanding the 12% discount rate and annual right of enjoyment

It is not uncommon to see usufructs, particularly in wills. These provide one person with the use of an asset (generally a spouse) over their lifetime or a defined period and another (often a child or trust for the children)with the 'bare dominium' in the asset. At the end of the usufruct period or death of the usufructuary, it falls away and the bare dominium holder has the full use of the asset. The usufruct is an asset and has to be valued, be it for capital gains tax, donations tax, estate duty, or transfer duty purposes.

Shorten the disciplinary carousel to benefit employees and employers

The Labour Relations Act (LRA) in South Africa goes to great lengths to provide employees and employers with a structure they can use to address matters around conduct and discipline. However, since the LRA and Commission for Conciliation, Mediation and Arbitration (CCMA) came into existence, a perception exists that disciplinary matters are events of almost last resort because of their cost in time and money.

The digital nomads are coming. What are the tax and employment implications?

An increasing number of jurisdictions are embracing digital nomads as a potential source of economic good, lightly taxed but who contribute to the fiscus through their daily and considerable spending habits. South Africa is no exception, following some recent exciting developments within the immigration policy space.

The role of AI in the agricultural revolution and risks of change

In May earlier this year, we explored opportunities and challenges artificial intelligence (AI) is creating in the hospitality sector. These opportunities included customer experience and ESG, while the challenges ranged from data privacy to where liability begins and ends. AI's far-reaching influence on global economies necessitates an examination of its effects on various sectors, including agriculture.

How to wander responsibly: sustainable tourism practices & legal compliance in South Africa

As the tourism world continues to expand, sustainable tourism is no longer optional but a necessity. Tourists are urged to assess their travels' ecological impact on the various countries they visit. Similarly, countries have to ensure that their policies and legal frameworks are robust enough to withstand the booming tourism industry.

Essential blasting and environmental controls for surface mines

On 2 August 2024, the Department of Mineral Resources and Energy (DMRE) published new guidelines for the mandatory Code of Practice (COP) concerning ground vibrations, noise, air-blast, and flyrock near surface structures and communities (Guidelines) that will become effective on 1 November 2024.

Chasing fair play: South Africa's bold leap with new anti-doping legislation

During the 2023 Rugby World Cup, the World Anti-Doping Agency (WADA) sanctioned South Africa for failing to comply with the 2021 Code, but these sanctions were suspended pending a decision by the Court of Arbitration for Sport (CAS).

Community Property Associations are currently a missed opportunity to stimulate rural economic growth

Communal property associations (CPAs) perform an important role in the South African legal landscape. They were established after the end of apartheid to restore land to communities that had been dispossessed of it by the apartheid authorities. CPAs are regulated under the Communal Property Associations Act, which came into force in 1996 and followed the 1994 Restitution of Land Act.

Celebrating Women's Month: Invest in Women, Accelerate Progress

At Webber Wentzel, we are proud to join the United Nations in celebrating Women's Month this year under the inspiring theme, "Invest in Women: Accelerate Progress."

Three-year regulation plan by the Financial Sector Conduct Authority

On 5 July, the Financial Sector Conduct Authority (FSCA) published its three-year regulation plan (2024 Regulation Plan) for the period 1 April 2024 to 31 March 2027. The FSCA's strategy is to develop a plan that better aligns South Africa's regulatory framework with international standards while identifying topical and emerging sector-specific risks.

On the cusp of important company law changes: Companies Amendment Acts gazetted

The long-awaited amendments in the Companies Amendment Bills, 2023 have been signed into law and published in the Government Gazette as Acts of Parliament. The Companies Amendment Act, 2024 includes provisions to enhance transparency and provide for more disclosure by companies. The Companies Second Amendment Act, 2024 extends the time bars applicable to applications for director delinquency and proceedings to recover loss due to director liability.

The digitisation of payments in South African agribusiness

South Africa's digital payments landscape has evolved significantly in recent years and currently consists of various payment methods such as debit, credit and fleet transactions; authenticated collections (DebiCheck); contactless payments; electronic funds transfer (EFT); PayShap and mobile money, among others.

Privacy check-in – POPIA pitfalls in the hospitality industry

South Africa's hospitality industry is seeing a shift from traditional leisure-based tourism to experience-based tourism, focused on providing tourists with unique, authentic life-enriching experiences.

Changes on the Horizon for ESG Disclosures in South Africa

Boards should be aware of changes that are on the horizon to South Africa's ESG reporting landscape, including the potential incorporation of the ISSB Standards. However, the mechanics still need to be fleshed out.

Webber Wentzel launches a dedicated mentorship programme for its Candidate Attorneys

Webber Wentzel, a leading corporate and tax law firm, launched its dedicated mentorship programme on 3 July 2024. The programme is designed to empower incoming candidate attorneys (CAs) as they transition from academic life to the dynamic world of legal practice.

Cyber security is an organisational responsibility given the threats posed by AI

While tools such as ChatGPT have caught the public imagination, artificial intelligence (AI) and machine learning (ML), a branch of AI, are now important tools in industries ranging from travel and insurance to media and finance.

The spirit of business rescue: What creditors need to know

A business rescue plan (a plan) should ideally benefit all affected persons in the best way possible, and a vote in support of its adoption or rejection should not be premised purely on self-interest while disregarding the collective benefit of all affected persons.

Shortlisted for excellence: Webber Wentzel among frontrunners for the 2024 African Legal Awards

Webber Wentzel has been shortlisted in an impressive 19 categories at the prestigious African Legal Awards. This recognition underscores the firm's commitment to excellence and its leading role in the African legal landscape.

New Competition Laws will impact businesses

Before leaving his ministerial position, the outgoing Minister of Competition, Trade and Industry, Ebrahim Patel (the Minister), published two important regulations (one of which is in draft form). These regulations, relevant to all sectors of the economy, relate to commercial dealings amongst small businesses and agreements between suppliers, customers, and distributors.

2024 Fintech Year Ahead: Mid-Year Update

We are halfway through the year and it’s a great time to review some of the expected trends Webber Wentzel predicted for 2024. South Africa's fintech landscape is set to undergo significant change, owing to regulatory changes, technological advancements, and increased competition.

Cannabis legislation published

The President has assented to the Cannabis for Private Purposes Act [Act 7 of 2024] (the Act).

Latest draft guidance for accountable institutions

The Financial Intelligence Centre has recently published various pieces of guidance and draft guidance relating to beneficial ownership and the Risk Management and Compliance Programmes of accountable institutions. The draft guidance is currently undergoing public consultation and accountable institutions are welcome to provide their comments to the FIC.

Priyesh Daya appointed as a member of the prestigious ICC International Court of Arbitration

Priyesh Daya, a partner at Webber Wentzel, a leading law firm in South Africa, was recently appointed as a member of the International Chamber of Commerce's (ICC) International Court of Arbitration, for a three-year term commencing on 1 July 2024.

Webber Wentzel's rising stars recognised by Mail & Guardian

At a prestigious glitz and glam gala on 27 June 2924, the Mail & Guardian recognised two rising stars from Webber Wentzel - Ziyanda Sibeko and Danica Jonker, in its 2024 '200 Young South African' cohort. This recognition underscores the firm's unwavering commitment to nurturing and empowering the next generation of legal talent.

Seizing the golden opportunity to build an effective compliance programme

The recently published Corporate Alternative Dispute Resolution (C-ADR) mechanism aims to expedite justice and corporate accountability for companies accused of corruption and other criminal offences.

Regulating cannabis in the workplace in the wake of the agricultural watershed of cannabis cultivation in South Africa

Considering the growing cannabis industry and the Government’s active investment in cannabis production in South Africa, particularly in the Eastern Cape (donned as South Africa’s primary cannabis production hub), it is apparent that cannabis has economic value to South Africa. This has necessitated the introduction of legislation and a regulatory framework that will ensure that cannabis production and cannabis use for private purposes is properly regulated.

Then and Now: Cannabis in the workplace

The Cannabis for Private Purposes Act, 2024 (Cannabis Act), was published on 3 June 2024 and will become effective on a date to be determined by the President. The statutory framework for the private use, possession and cultivation of cannabis by adults reflects the decision by the Constitutional Court six years ago to decriminalise the private use of cannabis. The issues that employers have faced since the Prince judgment in 2018 have highlighted the significant impact of these changes on the workplace.

Beware, but do not fear!

On 3 June 2024, the Supreme Court of Appeal (SCA) handed down its judgment in the Minister of Mineral Resources and Energy & 3 Others v Sustaining the Wild Coast NPC and 8 Others case.

Johannesburg High Court Backlog: ADR as a solution

A recent notice issued in the Johannesburg High Court by Deputy Judge President Roland Sutherland on 4 June 2024, indicated wait times for civil trials. The notice advised that the lead time to have a matter heard in the civil trial court could, in some instances, take up to three and half years (ie in November 2027). This is alarming. This significant delay could unfairly favour recalcitrant defendants with the result that in a lot of cases, justice delayed will be justice denied (as the maxim attributed to the British politician William E. Gladstone [1809-1898] suggests).

Caught in the cyber crosshairs: ENS v Hawarden

The legal profession (and no doubt, all creditors who provide their bank details via email to a debtor) have been eagerly anticipating the appeal judgment of Edward Nathan Sonnenberg Inc (ENS) v Judith Hawarden.

The National Assembly and the National Council of Provinces passed the Public Procurement Bill

In a significant step towards reforming South Africa's public procurement landscape, the National Assembly recently passed the Public Procurement Bill [B 18D-2023] (the Bill).

Government of National Unity: Way Forward?

The much anticipated and hotly-contested South African General Election has come and gone. With the results in and the elections officially declared free and fair, all eyes now turn to Parliament where the seventh administration will be constituted in the coming days.

Webber Wentzel's partners honoured by IAM Patent 1000

Webber Wentzel's three partners, Leanne Mostert, Tim Ball and Bernadette Versfeld have received well-deserved recognition from IAM Patent1000. As the world's leading patent professionals guide, the IAM Patent 1000 identifies the world's top patent firms and professionals, making it a trusted resource for companies seeking top-tier legal representation in patent matters.

SLPs – Seriously Lacking Promotion, Sensibly Leading to Problems

In February 2024, the Annual Mining Indaba occurred in Cape Town South Africa, where the mining industry's technical brains, financial brawn and everything in between congregated. During the same time, the Alternative Mining Indaba, a summit hosted by the Mining Affected Communities United in Action took place. On the one hand, a gathering to deliberate investing in the African mining sector under the banner of "Embracing the power of positive disruption" and on the other, discussing participation and benefits flowing from the sector.

Pro Bono Annual Report - FY 2023/2024

Our commitment to promoting justice and the rule of law in South Africa is demonstrated and highlighted in our Pro Bono Annual Report.

CSI Annual Report - FY 2023/2024

Financial donations to beneficiaries; in-kind support to social justice organisations; once-off donations to aligned causes; and outreach activities. This report provides a snapshot of our CSI activities for FY 2023/2024.

The EU Corporate Sustainability Due Diligence Directive – an African perspective

On 24 May 2024, the EU Council finally adopted the Corporate Sustainability Due Diligence Directive (CSDDD), completing the legislative process and marking a significant development in global business practices, including for companies with operations in Africa. This groundbreaking law mandates both EU and non-EU companies within its scope to conduct rigorous due diligence across their supply chains to prevent human rights abuses and environmental harm and to adopt and implement compliant climate transition plans.

Tech companies must stand firm: Global lessons for South Africa’s upcoming election

Artificial intelligence (AI) and technology have revolutionised many aspects of our lives, and elections are no exception. These tools can enhance the democratic process by improving access to information, voter registration, streamlining vote counting, and facilitating voter engagement, thereby securing greater protection of fundamental civil and political rights. However, the potential for misuse is equally significant, raising concerns about the integrity of electoral processes worldwide.

Important considerations for insurers during election season

The imminent general election in South Africa presents increased risks for the non-life insurance industry. As seen in recent years, elevated political tensions can very quickly escalate into civil unrest. This may result in rioting, looting, arson and other violent acts which could force businesses to close, lose revenue or suffer property damage and business interruption. Such businesses will then turn to their insurers for indemnity in terms of their existing insurance policies if they suffer property damage and related financial losses

On the road to a cashless society – SARB digital payments roadmap

On 18 April 2024, the South African Reserve Bank (SARB) published its digital payments roadmap. The document entitled Digital Payments Roadmap: Towards Inclusive, Accessible, Effective and Sustainable Digital Payments in South Africa, sets out a 17-action item plan that the SARB has for tackling identified obstacles, barriers and challenges to the adoption of an increase and effective use of digital payment in South Africa. This Roadmap follows from the National Payment System Framework and Strategy Vision 2025: Action Plan published in March 2018.

Financial Sector Regulation and the Prudential Authority published Joint Standard 2 of 2024 on Cybersecurity and Cyber Resilience Requirements

The Financial Sector Regulation (FSCA) and the Prudential Authority (PA) published Joint Standard 2 of 2024 on Cybersecurity and Cyber Resilience Requirements on 17 May 2024. The Joint Standard 2 of 2024 (Joint Standard) applies to all financial institutions as defined in the Joint Standard. It sets out the requirements for sound practices and processes relating to cybersecurity and cyber resilience for financial institutions.

2024 South African Election Insights

South Africa's general elections on 29 May 2024 are set to drive key changes in the nation’s economic and policy landscape. Stay informed with our expert insights and continuous updates.

Strategic structuring: The keystone of Startup success

In the fast-paced world of startups, particularly those breaking new ground, the excitement of innovation and market disruption often takes centre stage. However, amidst this buzz, it's crucial for startups to prioritise their foundational business structures from the outset. Working with entrepreneurs for over 25 years, it's clear that that meticulous initial structuring is a key linchpin for long-term success.

Leveraging GenAI for Efficiency: A Boon or Bane for Legal Workflows?

Ruth Gondwe, a manager at Webber Wentzel Fusion recently had a conversation with an attorney about his use of technology, which sparked a discussion on artificial intelligence (AI) and its impact on the legal industry. A question arose from the attorney's excitement about how technology helped him save time on transaction management and contract reviews: would this result in fewer billable hours?

Navigating multi-jurisdictional mergers in Africa requires skill, collaboration, and preparation

The changing regulatory environment across Africa’s markets poses fresh challenges and opportunities to firms that wish to pursue multi-jurisdictional mergers. Navigating these challenges requires a deep understanding of the authorities that regulate mergers in their local markets, exceptional preparation, an eye for the most minute detail, patience, agility, and humility.

Can an individual who is an "employee" for PAYE not be an "employee" for VAT or ETI?

The question of what is an "employee" for purposes of claiming the employment tax incentive (ETI) will be the subject of a test case at the Tax Court from 20 to 24 May 2024. Hundreds of employers under audit or in disputes with the South African Revenue Services (SARS) wait with bated breath for the outcome of this case where SARS argues that an employer only qualifies to claim ETI for individuals who "worked for" the employer

New Corporate ADR policy brings South Africa in line with international best practice

The National Prosecuting Authority (NPA) recently published its Corporate Alternative Dispute Resolution (C-ADR) Policy, which allows the use of an alternative mechanism to resolve criminal cases against companies, as opposed to only relying on normal criminal court proceedings. Therefore, companies implicated in corruption may, in certain circumstances, avoid criminal conviction at a cost. The policy does not apply to individuals as directors (former or current), employees or other individuals involved in wrongdoing can still be prosecuted independently.

Zeroing in on cannabis in the workplace – when zero-tolerance constitutes unfair discrimination

The Labour Appeal Court (LAC) recently handed down a judgment which underscores the importance for companies to ensure that their zero-tolerance policies relating to the use of cannabis are operationally appropriate, necessary, and reasonable to withstand scrutiny.

South Africa takes bold step: Climate Change Bill receives parliamentary nod of approval

The South African Parliament unanimously passed the Climate Change Bill, which sets ambitious goals to achieve the country's low-carbon and climate-resilient future.

What do sectoral emission targets mean for your business?

To support the implementation of South Africa's Nationally Determined Contributions (NDC) under the Paris Agreement, the Minister of Forestry, Fisheries and the Environment published the Sectoral Emissions Target (SET) Report (Report) for public comment on 26 April 2024.

Mitigating business risk and ensuring business continuity during election season

The upcoming election in South Africa may pose a risk to the operation of businesses throughout the country. As seen in recent years, elevated political tensions can very quickly escalate into civil unrest. This may result in rioting, looting, arson and other violent acts, which could force businesses to close, lose sales or suffer property damage. Webber Wentzel experts delve into two key areas for businesses, particularly those in the retail sector, to fortify during this period: insurance claims and employment considerations.

Commercial and legal developments in South Africa's hospitality, leisure and sports industries

In 2023, South Africa's hospitality, leisure, and sports industries experienced significant commercial and legal developments.

Opportunities and challenges of AI in the hospitality sector

Global tourism has begun surpassing its pre-COVID peak. South Africa remains a popular tourist destination with the hospitality sector contributing significantly to its gross domestic product (GDP).

Navigating new norms: The MPRDA and its impact on future mining investments in South Africa

The introduction of the Mineral and Petroleum Resources Development Act (MPRDA) in 2004 marked a transformative shift in South Africa's mining landscape. This pivotal legislation redefined mineral resource management, transferring mineral rights from private entities to state custodianship. Its goal was to facilitate equitable access and redistribute mineral wealth. However, two decades later, as global mining companies eye significant acquisitions in the region, the implications of the MPRDA on investment dynamics have come under renewed scrutiny.

PRECCA updates emphasise third-party accountability and proactive anti-corruption

South Africa is continuously suffering from the effects of corruption and drainage of resources, some of which were highlighted in the State Capture saga. Optimistically, significant changes have occurred in the public and private spheres to ensure that the industrial-scale corruption perpetrated does not continue to repeat itself. One such change is the recent signing of the Judicial Matters Amendment Bill into law by President Cyril Ramaphosa on 3 April 2024. Critically, the Bill expands culpability for corruption under Section 34 A of the Prevention and Combating of Corrupt Activities Act (PRECCA).

The JSE moves forward with its market segmentation proposals

To enhance transparency, competitiveness, fairness and efficiency, the Johannesburg Stock Exchange (JSE) proposes to introduce a market segmentation model for the JSE Main Board. This would create two segments: Main Board Prime and Main Board General. The Main Board General segment would offer several less onerous listing obligations for companies listed in this segment.

How the two-pot system will affect the hospitality industry

Allowing financially stretched fund members to withdraw a limited amount of money from their pension savings from what’s known as a savings pot, the two-pot system offers benefits to employees across a multitude of sectors. For the hospitality and leisure industry, which has a relatively high staff turnover rate, the system may facilitate access to emergency pension funds without the need to resign.

Supreme Court of Appeal provides clarity on claims against directors for s22(1) reckless trading

In its recent judgment of Venator Africa (Pty) Ltd v Watts and Another, the Supreme Court of Appeal (SCA) confirmed that section 218(2) of the Companies Act, 2008 does not give rise to a specific cause of action against a director of a company in circumstances where that company is accused of carrying on its business in contravention of section 22(1) of the Companies Act. This is a development which is of significant interest to companies, directors and indeed insurers who provide Directors & Officers cover.

Adapting workplaces to climate change: Workplace safety and sustainability

With an increasingly hotter and inclement climate, the effects on occupational health and safety of workers needs to be considered and incorporated into workplace health and safety management systems across sectors. To address the possible health and safety risks associated with climate change, health and safety committees and officers should consider incorporating indicators of climate-related hazards and assess the hazard-specific vulnerability of workers, workflows, and their environments.

Narrative critical in investment landscape as fund managers pursue exit longevity

Water is the element that private equity (PE) and venture capital (VC) most closely resemble. When market conditions change, PE and VC investors naturally seek the paths of least resistance to protect and grow their capital.

Why businesses should care about the ins and outs of international arbitration

While emotions might run high during a business disagreement, choosing the right dispute resolution method is a practical decision. Dispute resolution attorneys understand this and that it is inevitable for disputes to arise. For this reason, companies must grasp and understand how international arbitrations work, so as to be well-equipped to navigate disputes effectively when they occur.

Navigating the complexities of claims and procedure

In a recent case of MM obo GM v the North West Province's Department of Health MEC, (782/2022) [2024] ZASCA 52, an appellant's claim for certain damages was struck from the roll by the Supreme Court of Appeal and her claim for personal damages was remitted to the trial court for determination.

Fund managers demand greater flexibility as new capital streams emerge in PE and VC market

The investment landscape within the African private equity and venture capital markets has changed both slowly and suddenly since 2020. Low interest rates initially led to a boom in private capital deals in 2021 and 2022, totalling USD 7,4 billion and USD 7,6 billion in value, respectively. By 2023, however, private capital deals declined by 28% in volume and 22% in value, a nominal decline of USD 1,7 billion.

Webber Wentzel's reflections on the inaugural Johannesburg Arbitration Week

The Arbitration Foundation of Southern Africa hosted the Johannesburg Arbitration Week, a flagstone event for international commercial arbitration in Africa during the week of 9 to 11 April 2024. Webber Wentzel, as well as other leading local and international law firms and South African Bars, proudly co-hosted the event.

Webber Wentzel gears up for the 20th AVCA conference in Johannesburg

As a leading African law firm with top private equity legal advisers, we welcome the 20th Annual African Private Capital Association (AVCA) Conference in Johannesburg.

Separated issues and stated cases in litigation: The risks of carelessly defined issues

In the MEC for Health, Gauteng v de Lange (298/2023) [2024] ZASCA 38 (03 April 2024) case, the respondent's husband was admitted to Steve Biko Academic Hospital after sustaining a head injury during a rugby match. Despite medical treatment, he unfortunately passed away.

Stamping out racially charged misconduct

A recent Labour Court judgment reaffirms the court's position to support employers that dismiss employees for racial misconduct, whether casual or brazen.

Harmonising family offices with private equity for mutual growth

In recent years, family offices have emerged as formidable players in the global financial landscape, managing substantial wealth on behalf of ultra-high-net-worth individuals.

Claiming medical tax credits for dependants

With the increasing cost of living, taxpayers often find themselves in the unenviable position of having to fund the medical expenses of family members such as a parent, grandparent, sibling, uncle, aunt or cousin.

Webber Wentzel triumphs at the IFLR Africa Awards 2024

On Thursday, 11 April 2024, Webber Wentzel received several prestigious accolades at the IFLR Africa Awards 2024.

How artificial intelligence is re-shaping international arbitration practice

The use of AI to enhance technological efficiency has long been accepted by the international arbitration community. In recent times, AI has emerged as a useful instrument that, when applied properly, can both increase the acceptance of international arbitration as the preferred forum for resolving commercial dispute resolution.

Alternative Dispute Resolution in the sports arena: It's a knock-out!

In the exhilarating arena of sports, where passion collides with precision and triumph meets tribulation, conflicts are as inevitable as the roar of the crowd.

Third reminder from the Companies and Intellectual Property Commission on beneficial ownership filings: Hard stop restriction on filing annual returns after 15 April 2024

A third customer notice from the CIPC reminds companies of their beneficial ownership and beneficial interest disclosure obligations and reiterates that from 15 April 2024, companies will not be able to file annual returns unless the relevant information has been submitted.

24 Developments for businesses to monitor in 2024

There are many significant changes to the law happening this year. Our legal experts break down 24 key developments impacting businesses in South Africa.

Partnership between the FSCA and B-BBEE Commission in pursuit of transformation in the financial sector

On 5 March 2024, the Financial Sector Conduct Authority announced a Memorandum of Understanding with the Department of Trade, Industry and Competition’s Broad-Based Black Economic Empowerment Commission.

Shaping the future of the firm: Webber Wentzel announces its new partners

Webber Wentzel is pleased to announce the promotion of 13 talented attorneys to the esteemed role of partner. These promotions recognise the newly appointed partners' outstanding contributions and further solidify the firm's dedication to empowering its people to reach their full potential.

A snapshot of the key amendments in the Companies Amendment Bills, 2023

South Africa's Parliament has passed the Companies Amendment Bills, 2023. The Companies Amendment Bill, 2023 includes provisions to enhance transparency and provide for more disclosure and governance of executive remuneration.

Looking inward: Anticipated legal developments on institutional integrity

To combat corruption, government has enacted and plans to enact further legislative reforms. These reforms bolster accountability, impose stricter penalties for non-compliance, and enhance protections for whistleblowers.

Proposed amendments to Treasury Regulation 16 and the Municipal Public-Private Partnership Regulations

On 19 February 2024, the National Treasury (Treasury) published its proposed key amendments to the Public-Private Partnerships (PPPs) regulatory framework for public comment.

Webber Wentzel recognised as a top-tier firm by The Legal 500

The Legal 500 Europe, Middle East & Africa (EMEA) 2024 guide has recognised Webber Wentzel as a top-tier firm. Notably, Webber Wentzel has been ranked as the leading law firm with the most Tier 1 rankings compared to all other firms ranked in South Africa, a status it has maintained for the past 11 years.

Webber Wentzel’s Pet Care Business Offering

The pet care industry is a broad and rapidly developing market with substantial growth potential, in various segments and industries.

The Competition Commission publishes revised Public Interest Guidelines

On 20 March 2024, the Competition Commission of South Africa published revised Public Interest Guidelines relating to merger control. The Revised Guidelines follow the Draft Public Interest Guidelines, which were published for public comment in October 2023.

The digital tightrope walk for business and human rights

AI offers unprecedented opportunities for growth and innovation but also presents significant challenges and risks, especially concerning human rights and corporate governance.

Webber Wentzel's rising stars promoted to senior associates

Webber Wentzel's dedication to nurturing talent and fostering a culture of excellence is again highlighted through the firm's promotion of associates to senior associates.

Improvement or enhancement in the value of an asset when determining its base cost

Paragraph 20(1)(e) of the Eighth Schedule to the Income Tax Act 58 of 1962 allows the cost of the improvement or enhancement in the value of an asset to be added to its base cost for capital gains tax (CGT) purposes. On the face of it, it seems like a fairly simple provision, but there is more to it than meets the eye.

Skills Development and Growth for the Agricultural Sector

The agricultural sector is the backbone of the South African economy and plays a vital role in food security, job creation, and overall economic growth. However, this sector faces a constant challenge – ensuring it has a skilled workforce equipped to handle the complexities of modern agriculture.

The National Council of Provinces passed the Cannabis for Private Purposes Bill [B 19B-2020]

In a move that could serve as catalyst for the reshape of South Africa's cannabis landscape, the National Council of Provinces (NCOP) recently passed the Cannabis for Private Purposes Bill [B 19B-2020] (the Bill).

Webber Wentzel's ESG Legal Outlook 2024

Webber Wentzel has collaborated with Linklaters to compile an ESG guide that covers key Environmental, Social and Governance (ESG) trends as well as what is on the horizon for 2024 in various jurisdictions, including South Africa.

Proposed update to Schedule 6 of the Medicines and Related Substances Act

The Minister of Health in terms of section 22A(2) of the Medicines and Related Substances Act 101 of 1965 and on the recommendation of the SAHPRA, has invited interested persons to submit substantiated comments or representations on the proposed update of Schedule 6 to the Medicines Act.

A cautionary tale: Working backward in search of the cause of an unfavourable outcome

In a recent case of MEC of Health and Social Development of the Gauteng Provincial Government v M (272/2022) [2024] ZASCA 21, the Supreme Court of Appeal found that there was insufficient evidence to establish whether a child born with a permanent disabling brain injury was due to hospital staff being negligent.

Unlisted shares and deceased estates

This article examines some of the estate duty, capital gains tax (CGT) and dividends tax issues that arise when a person dies holding unlisted shares.

2024 Earnings threshold announced

The earnings threshold will increase to R254 371.67 with effect from 1 April 2024, entitling employees falling below the threshold to stricter protections in terms of labour legislation.

Revaluing trust assets to avoid capital gains tax

Binding private ruling (BPR) 342 dated 30 April 2020 ‘Donation by a resident to a foreign trust of property received from another foreign trust’ is particularly interesting because it revealed a novel way, at least to me, of avoiding capital gains tax (CGT).

Mitigating Contractual Disputes by exploring ADR and arbitration in resolving supply chain disputes

Mitigating Contractual Disputes by exploring ADR and arbitration in resolving supply chain disputes.

Part 1: Beyond Green: Sustainable Finance vs. Green Loans

Understanding the various elements in the ESG umbrella and the interplay between them, coupled with determining the right funding instrument and type of funding arrangement, appropriate metrics, reporting obligations and intervals is key and can require specialist insight from a number of advisors.

Embracing Greener Arbitrations: A Journey Towards Sustainability

Governments, businesses, and individuals worldwide have become increasingly concerned about the environmental impacts of their activities. In the legal sector, this has led to growing emphasis on the possibility of 'green arbitrations'.

Beyond 60: Landmark judgment upholds right to work, challenges retirement norms

A recent judgment by the Labour Court confirms the current untenable position that many working-class South Africans find themselves in - being unable to retire comfortably at the standard retirement age, thus necessitating working beyond retirement.

One Year "Grey" - South Africa's bumpy road to meeting international best practice

It has been a year since the grim reality of South Africa's greylisting status by the Financial Action Task Force (FATF). While the shadow of this decision persists, a careful analysis reveals a landscape marked by both challenges and encouraging progress.

Loadshedding in the Spotlight: ICASA Seeks Input on Impacts in Communication Sectors

The Independent Communications Authority of South Africa (ICASA) issued a notice of intention in government gazette no 49795 on 1 December 2023 to conduct an inquiry on the effects of loadshedding.

Private Equity: Legal developments in 2024

The world of private equity is ever-changing, presenting both challenges and opportunities. In this overview, our experts highlight and provide insights on recent legal developments in tax, corporate, B-BBEE, competition, financial regulatory, infrastructure, energy, and employment that are relevant to private equity.

Contributed tax capital and the provisos

The Taxation Laws Amendment Act 20 of 2022 substituted the further proviso to the definition of ‘contributed tax capital’ in section 1(1) of the Income Tax Act 58 of 1962 (Act). The further proviso had been inserted by the Taxation Laws Amendment Act 20 of 2021 and was scheduled to come into operation on 1 January 2023. This article explores the background to the provisos and how they operate in relation to CGT and dividends tax.

Webber Wentzel's associates move a level up

Webber Wentzel is proud to appoint over 35 new associates who have completed the firm's rigorous two-year Candidate Attorney Programme. The appointment of these associates reflects Webber Wentzel's dedication to nurturing talent and fostering a culture of excellence.

Another reminder from the Companies and Intellectual Property Commission on beneficial ownership filings

A second customer notice from the CIPC reminds companies to file the required beneficial ownership and beneficial interest information and notes that enforcement action may be taken against continuously non-compliant companies.

Estate duty and the succeeding usufruct

This article examines a variation of the bare dominium/usufruct arrangement employed by estate planners to avoid estate duty. It involves the creation of a succeeding usufruct for a limited period after the death of the second-dying spouse who is the initial usufructuary.

Godongwana teetering on the highwire

Over the last few years there have been calls on the government to curtail its spending, prune its bloated cabinet, and stop bailing out badly managed state-owned entities. This year’s budget demonstrates that the government has heeded these calls.

Reflecting on 2023: Trends and Insights in Business and Human Rights Across Africa

Business and Human Rights (BHR) is on the rise in Africa, prompting companies to navigate an increasingly complex landscape. Webber Wentzel experts, Pooja Dela and Paula-Ann Novotny take a retrospective look at the practical experiences gained over the past year and the emerging trends shaping the landscape of BHR across the African continent.

Capital reconciliations

In its annual report for the year ending 31 March 2022 SARS indicated that it had undertaken 25 lifestyle audits with a value of R474,7 million. These audits involve mainly using capital reconciliations and third-party data and focus mainly on individuals who have access to luxury assets and extensive business relations.

Budget 2024 – navigating uncertainty in challenging times.

Minister of Finance Enoch Godongwana will deliver the 2024 Budget Review to Parliament next week as the South African economy faces a gloomy economic outlook. The economy is still recovering from the impact of COVID-19 and state capture.

Navigating tax deductions: Lessons from the Unitrans Holdings case

The Gauteng High Court recently dismissed the appeal of Unitrans Holdings (Unitrans) against the Tax Court judgment which had denied a tax deduction for interest incurred. The court found that the interest incurred was not closely connected to Unitrans’ business operations as an investment holding company and that the purpose of the interest was not to produce income but to further the interests of the subsidiaries.

More exit charge issues

Ceasing to be resident can have some harsh tax consequences, including potential double taxation despite the presence of a tax treaty. This article also examines the amendment to the annual exclusion in the Taxation Laws Amendment Act 20 of 2022.

Four Webber Wentzel partners honoured for Intellectual Property expertise

Four Webber Wentzel partners, Leanne Mostert, Bernadette Versfeld, Tim Ball, and Carla Collett have been honoured by WTR 1000 for their Intellectual Property (IP) law expertise.

Chambers Global recognises Webber Wentzel's excellence in the South African legal market

The Chambers Global rankings highlight Webber Wentzel's excellence and leading position in providing legal and tax advice in South Africa. For over a decade, the firm has remained the only South African firm to consistently secure the highest number of Band 1 category rankings and the highest number of ranked individuals in South Africa.

Webber Wentzel Earns Industry Recognition at DealMakers Awards

Webber Wentzel has once again showcased the firm's remarkable expertise and dedication to providing excellent legal advice by earning several awards at the 2023 DealMakers Awards.

The case for building whistleblower confidence to enhance occupational health and safety

The processes for reporting dangerous workplaces can significantly differ from one organisation to another. Notably, there seems to be a lack of consideration for an anonymous reporting mechanism, leaving individuals raising concerns vulnerable to potential identification by others within the organisation who may take issue with the report.

South Africa - ESG Disputes Bulletin

C: SARS v The Thistle Trust – The Supreme Court of Appeal puts paid to distributions of capital gains through multiple discretionary trusts

The Oxford online dictionary defines a thistle as a widely distributed herbaceous plant of the daisy family, which typically has a prickly stem and leaves and rounded heads of purple flowers.

The Role of Technology in Mining Safety and Environmental Protection

Modern mining practices routinely integrate technology into workflows to improve operational efficiencies. While competitiveness is a compelling reason for innovation, technology development and the use of artificial intelligence (AI) can also play a role in managing employee health, decreasing safety risks, and managing the environmental footprint of mining and extractive industries.

Mass dismissals for strike misconduct without meeting the threshold for common purpose

Mass dismissals for strike misconduct without meeting the threshold for common purpose can be a complex legal matter that requires careful considerations of the specific circumstances, particularly in establishing a clear link between an individual's actions and the collective misconduct.

Webber Wentzel earns a spot on IFLR's Africa Awards shortlist

Webber Wentzel has been included in the International Financial Law Review's (IFLR) 2024 Africa Awards shortlist. The firm has been shortlisted in categories which include: Deals of the Year, Teams of the Year, Law Firm of the Year and National Law Firm of the Year. The firm's Managing Partner, Sally Hutton, has also been shortlisted in the IFLR Women DealMakers Hall of Fame category.

Beyond Words: A Call for Action in South Africa's Mining Sector

President Ramaphosa's recent address at the 2024 Mining Indaba resonated with many in the industry. His acknowledgement of mining's vital role in South Africa's economy, coupled with outlined efforts to address key challenges, offered a glimmer of hope. However, Webber Wentzel's mining experts believe true progress demands moving beyond words and translating plans into concrete action.

Does pro bono count as a social duty fulfilled for legal firms?

Many large law firms have ESG practices that advise clients in a complex and growing area of law.

Mining companies' social licences to operate depend on their ability to respect human rights

Mining companies are well acquainted with the tenets that underpin the social licence to operate. But as the globalised world places more scrutiny on human rights violations.

Practical insights: Draft regulations on proposed sectoral targets open for public comment

On 1 February 2024, the Minister of Employment and Labour issued new draft regulations concerning sectoral targets (draft regulations), providing a 90-day window for interested parties to comment.

Balancing environmental and social responsibility with economic growth and evolving environmental mining regulations

The mining industry is at the forefront of the sustainability debate, having been a major contributor to climate change, biodiversity loss, depletion of freshwater resources, and environmental degradation.

Mining's Green Shift: Partnering for Sustainable Transitions

The Just Energy Transition (JET) and the global move towards net zero by 2050 require coordinated action by mining companies, governments, unions, and communities to ensure just transitions for mines and communities.

Proposed amendments in the National Water Amendment Bill: Mining Company Directors take heat

With the Mining Indaba fast approaching, mining companies should prioritise understanding the new director liability provision proposed in the National Water Amendment Bill (Water Bill), published on 17 November 2023.

Minister needs to go back to basics to fix mining issues

Minister Mantashe, imagine a Mining Indaba where "business as usual" is shattered by the clang of action, not polite applause.

Rail reform and liberalisation: Where we are and what it means for the South African rail sector

The rail sector in South Africa is at a breaking point and urgent action is required. From a freight perspective, Transnet's incapacity to dispatch locomotives is at an all-time high.

Webber Wentzel's excellence displayed on the DealMakers shortlist

Webber Wentzel is proud to have been involved in most of the shortlisted deals in each of the 2023 DealMakers Awards' various categories.

South Africa to begin trading under the African Continental Free Trade Agreement

South Africa will commence preferential trade under the Agreement Establishing the African Continental Free Trade Area (AfCFTA) on 31 January 2024. The United Nations Conference on Trade and Development (UNCTAD) predicts that the AfCFTA could boost intra-Africa trade by up to 33%.

2024 Fintech Year Ahead

South Africa's fintech landscape is set to undergo significant change in 2024, owing to regulatory changes, technological advancements, and increased competition.

A Call for Transformative Leadership

The mining sector faces an increasing call for integrating Environmental, Social and Governance (ESG) principles into its DNA.

Part 4: A closer look at the Competition Commission's draft Public Interest Guidelines

The South African Competition Commission's Draft Public Interest Guidelines provide insights into the Commission's likely approach when performing its evaluation of each public interest factor listed in the Competition Act during merger proceedings.

Webber Wentzel named South Africa Law Firm of the Year at 2024 Chambers Africa Awards

In a virtual awards ceremony held on Wednesday, 24 January 2024, Chambers Africa named Webber Wentzel as South Africa Law Firm of the Year.

Navigating the scarcity of funding in the Mining Industry

The mining industry is a pillar of global economic development, providing essential raw materials for various industries while also actively participating in the drive towards a circular and sustainable global economy.

Latest developments in South African immigration: Visa backlogs and extended concessions

Several immigration developments from the Department of Home Affairs (DHA) unfolded over the 2023 festive season. These include an extension of temporary concession for foreign nationals awaiting outcomes to their pending applications and granting extended exemptions for both Zimbabwe and Lesotho nationals.

Webber Wentzel Fusion: Elevating Legal Excellence for a Tech Forward Tomorrow

Webber Wentzel, the leading full-service law firm in Africa, has expanded its NewLaw and legal technology division and rebranded it as Webber Wentzel Fusion. This is the next step in the firm's innovation journey, following its five-year long incubation of an alternative legal services centre and its early investment in artificial intelligence.

'Tis the season for safe employment of child workers: considerations for employing child workers over the holidays

The holiday season is upon us, and for the young person who has completed their exams, the extra time the holidays bring them is an opportunity for possible work exposure, holiday jobs and an opportunity to earn income. Employers in the retail, hospitality, and food and beverage industries may welcome the opportunity to employ enthusiastic youth, providing extra cover during a busy holiday period.

Employers cautioned against ignoring [and/or not complying with] arbitration awards

In a recent judgment, the Labour Court made scathing remarks about an employer's failure to abide by a certified arbitration award ordering the reinstatement of a dismissed employee. The Labour Court ultimately found the employer in contempt of court.

Taskforce on Nature-related Financial Disclosures: Reporting evolving nature-related dependencies

The Taskforce on Nature-related Financial Disclosures (TNFD) is upon us. In recognition of the reality that cash flow depends on the inherent ability of nature to provide ecosystem flows to the business, the TNFD has developed a set of disclosure recommendations and guidance for organisations to report and act on evolving nature-related dependencies, impacts, risks and opportunities.

Section 12BA – Light at the end of the tunnel?

National Treasury has released proposed amendments to the Income Tax Act to encourage taxpayers to invest in alternative energy generation as a matter of urgency.

SCA finds that court orders ought to be clear and free of any ambiguity

In the recent case of Hulisani Viccel Sithangu v Capricorn District Municipality (593/2022) [2023] ZASCA 151 (14 November 2023) the Supreme Court of Appeal (SCA) was invited to decide on an application for special leave to appeal against the judgment of the full bench of the Limpopo Division High Court.

Moonlighting - your side hustle can cost you your job

The duty of good faith and the implications of moonlighting for employees was underscored in a recent Labour Court judgment. The court emphasised the necessity of proactive disclosure to employers, affirming that moonlighting, without prior approval, constitutes a breach of fiduciary duties and undermines the employer's prerogative to make informed decisions.

Key takeaways from the 2023 African Agri Investment Indaba

The 2023 African Agri Investment Indaba was held in Cape Town on 18 – 20 November. Our Agribusiness, Food & Beverage delegation included Kirsty Kilner and Rashaad Carrim, as well as Garyn Rapson, who moderated a panel discussion titled: ESG in Agriculture – Constraints or Opportunities?

Empowering change: understanding the impact of NEMLAA4 on South Africa’s environmental landscape

In the ever-evolving arena of environmental legislation, the National Environmental Management Amendment Act 2 of 2022 (NEMLAA4) emerges as a transformative force, poised to introduce a wholesale shift in South Africa’s environmental legislative landscape.

COP28: South Africa's Climate Change Regime and Just Energy Transition "Stocktake"

The first Global Stocktake is set to conclude at COP28 which allows the global community to measure the progress made since the signing of the Paris Agreement and to take collective action to accelerate mitigation, adaptation, and financing for further climate ambition.

Webber Wentzel's FinTech Team Earns Top Ranking in Chambers FinTech

Webber Wentzel has been ranked in Band 1 by Chambers Legal's FinTech Guide 2024. The guide commends the firm for its extensive knowledge and expertise in various FinTech domains such as payments, blockchain, cybersecurity, and data protection. Additionally, the firm was recognised for its strong grasp of the regulatory and commercial hurdles that FinTech businesses confront.

The Challenge of Change: Unpacking Onerous Adjustments to the apportionment formula

The shortcomings of the VAT apportionment formula set out in 2011, have been addressed in a new formula which applies with effect from all financial years commencing on or after 1 January 2024. We highlight important adjustments to the formula which is laid out new Binding General ruling, BGR 16 (Issue 3).

Two-pot system effective date - 1 September 2024?

Discussions with the National Treasury, SARS, FSCA, GEPF and the Government Pensions Administration Agency have indicated that the date proposed by the Minister of 1 September 2024 would be achievable.

Recent legal developments relevant to Private Equity

In this overview, our experts highlight and provide insights on recent legal developments in tax, corporate, B-BBEE, competition, financial regulatory, projects, and employment that are relevant to private equity.

New standard operating procedures for the investigation, search, access or seizure of cyber articles

The new standard operating procedures for cyber investigations outline guidelines for conducting searches, seizing evidence, and accessing digital data while protecting individuals' rights.

The Power of Proactive Fraud Detection and the evolution of fraud in the public sector

Fraudulent activities, prevalent in both the private and public sector, pose significant challenges to organisations and their stakeholders. There has been a noticeable shift in employing different methods and tools (such as cutting-edge AI and data analytics) which are revolutionising fraud detection and prevention.

High Court Judgment Reshapes Parental Leave Rights in South Africa

A recent High Court judgment has the potential to reshape parental leave rights in South Africa, possibly granting parents more flexibility and equality in sharing caregiving responsibilities.

Demystifying debt collection: A clear and concise explanation

The colloquial “cash is king” is a testimony to the importance of a healthy cash flow in a business, and even though most business transactions are digital today, the concept still applies when debt collection comes into play. In fact, debt collection plays a crucial role in managing a business' finances as it helps recover the money that is rightfully owed to the company, which again maintains its financial stability.

Does a Restraint of Trade Agreement Survive the Transfer of a Business?

In a recent judgment, the High Court had to determine whether a restraint agreement survives the transfer of a business. The Court concluded that it is a fact-specific enquiry that involves determining whether the benefit created by the restraint constituted a component of the goodwill transferred to the purchaser.

Financial Intelligence Centre (FIC) published Draft Public Compliance Communication 121 on Beneficial Ownership

The Financial Intelligence Centre (FIC) released Draft Public Compliance Communication 121 guidance on beneficial ownership and the application of section 21B of the Financial Intelligence Act (FICA), 38 of 2001 (Draft PCC 121), on 15 November 2023.

Ending child labour in the agriculture sector: where risk draws the line

A global effort to prevent and eliminate child labour has seen renewed vigour with certain of the timeframes for Sustainiable Development Goal 8.7 drawing to a close in coming years. Included in this goal is the ambition to end child labour in all its forms by 2025. Moving toward this aim in South Africa, the Department of Employment and Labour (DEL) has recently teamed up with the International Labour Organisation (ILO) to launch a European Union-funded project to end child labour in the agriculture sector.

Webber Wentzel Maintains Tier 1 Status Across Multiple Practice Areas in IFLR1000 2023 Rankings

Webber Wentzel has once again emerged as a beacon of excellence in the legal industry, as demonstrated in the IFLR1000 2023 rankings. The firm has maintained its Tier 1 status across the below practice areas for 9 consecutive years.

Part 3: A closer look at the Competition Commission's draft Public Interest Guidelines

The Competition Commission's (Commission's) recently published Draft Public Interest Guidelines (Draft Guidelines) indicate the Commission's approach to assessing applications for merger approval that come before it.

ESG Dispute Resolution in Africa: Trends and Strategies

Global litigation and regulatory enforcement actions and threats related to Environmental, Social and Governance issues are on the rise, and Africa is no exception.

Tax deductibility of ESG-related expenses

The sustainability of economies and in turn, society, largely hinges on how well we adopt Environmental, Social, and Governance (ESG). Given that naturally this comes at some cost, the tax deductibility of related expenses comes into focus.

Latest developments in South African immigration

There have been several interesting immigration developments in South Africa. These include additional changes to the critical skills list, the launch of the trusted employer scheme, and Ghana being on South Africa's visa-exemption list.

Western Cape High Court Defamation Claims

In 2016, Mineral Commodities Limited (MCL) and Mark Caruso issued summons against Mzamo Dlamini and Cormac Cullinan for a number of defamation claims in the Western Cape High Court under case number 14658/2016.

Investment and Transformation in South Africa: a balance between two imperatives

Much has been said about the interplay between the need for investment to enhance socio-economic development, and transformation in South Africa. These are both critically important for growth of the South African economy and its stability.

Webber Wentzel Lawyers recognised in the 15th edition of Best Lawyers in South Africa

Webber Wentzel's unwavering dedication to legal excellence has once again been recognised, with 122 of its lawyers being named in the 15th Edition of Best Lawyers in South Africa.

Mediation and the Challenges of the 21st Century in South Africa

The complexity of mediation in South Africa has increased over the years and technology has become a useful tool to manage various aspects of it, but human interaction is still central to the process.

Podcast Series: The truth about fraud

Fraud is a common law offense, which if not mitigated against, threatens the sustainability of businesses in both the private and public sectors.

Podcast: Investment and Transformation in South Africa: a balance between two imperatives

In this podcast, Candice Meyer and Clare-Alice Vertue delve into the captivating interplay between investment and socioeconomic development, a theme that strikes at the heart of South Africa's transformation journey.

The important “G” in ESG: consequences that may arise from failures in governance in the TMT sector

Environmental, Social and Governance (ESG) has transformed from a “nice to have” buzzword to a “must-have” demonstrable compliance requirement.

FAQs: The anticipated legislative overhaul to existing maternity and parental leave provisions

In a recent judgment, the High Court has ruled that all classes of parents (birthing parents, adoptive parents and surrogacy commissioning parents) should be afforded a collective four months of parental leave.

Ransomware and the obligation to stop fraud

Cyber security has taken centre stage in South African commerce, and it's no surprise, given the prevalence of ransomware attacks on businesses in Africa.

With funding and partnerships, Africa’s healthcare sector can become more capable

In Africa, dysfunctional governments are often unable to allocate sufficient funds for essential aspects of healthcare. This results in a shortage of new primary and specialised hospitals, little local pharmaceutical and medical device manufacture and the inability to train doctors beyond undergraduate level, creating a shortage of medical specialists.

Webber Wentzel won the ESG Initiative of the Year Award at the 2023 African Legal Awards

Webber Wentzel won the ESG Initiative of the Year Award at the 2023 African Legal Awards for the pro bono advice it provides to the Minerals Council of South Africa's (MCSA) Partnership to tackle Gender-Based Violence in Mining Communities.

Proposed amendments to the EU's Corporate Sustainability Due Diligence Directive will impact more South African businesses

South African businesses that fall within the supply chain of large companies in the European Union should gear up for Human Rights and Environmental Due Diligences in 2024, when the Corporate Sustainability Due Diligence Directive is expected to be adopted.

National Treasury accommodates many public comments on the two-pot retirement system proposals

National Treasury has amended its original proposals on the two-pot retirement system, taking public comments into account, including a later implementation date of 1 March 2025.

Landmark Judgment Seeks to Overhaul Existing Maternity and Parental Leave Provisions

In a judgment with constitutional significance for the workplace, the High Court has ruled that all parents, irrespective of gender, should be entitled to four months of parental leave from their employers.

Comprehensive preparation will contain the fall-out from ransomware attacks

Ransomware attacks have been rising and it is companies that have a high level of preparedness who are weathering the storm, according to Wendy Tembedza and Karl Blom, partners in Webber Wentzel’s Telecommunications, Media and Technology team.

Spilling the beans on disputes in the Metaverse

Given the multi-faceted nature of the Metaverse, the disputes that could arise are limitless. It is therefore important that dispute resolution mechanisms that will be used in dealing with Metaverse related disputes are agile enough to account for a new legal environment.

Part 2: A closer look at the Competition Commission's draft Public Interest Guidelines

Assessing the effect of a transaction on employment in merger proceedings remains one of the key public interest considerations for the Competition Commission.

Alternative Dispute Resolution (ADR): Ensuring Equal Access To Justice In A Changing Legal Landscape

Alternative dispute resolution (ADR) could be used to improve access to justice in South Africa for socially and economically disadvantaged groups.

In sickness and in war: Insurance coverage for global events

Events such as the Covid pandemic and rising levels of cybercrime are encouraging insurers to revisit their policy wording to exclude certain events.

Open Finance: Compulsory information request for all financial institutions and fintechs

In June 2023, the Financial Sector Conduct Authority (FSCA) published a draft Position Paper on Open Finance which builds on the FSCA's initial assessment of the Open Finance landscape published in its 2020 Consultation and Research Paper on Regulating Open Finance.

When can an employer reject a medical certificate used by an employee to justify absence from the workplace?

A medical certificate produced by an employee to justify a period of absence constitutes hearsay evidence, which employers are entitled to challenge. That challenge shifts the onus to employees to prove indisposition.

ESG Africa Conference 2023: Key Takeaways and Growing Impact

On 4-5 October 2023, the ESG Africa Conference, 2023 took place at the Sandton Convention Centre and we were proud to support this conference for the second year consecutively, as a gold sponsor.

Venture Capital Investment Structures in Mauritius: Protected Cell Companies and Variable Capital Companies

Unlocking Investment Potential: Mauritian Protected Cell Companies and Variable Capital Companies offer ringfencing advantages for fund managers and investors.

Webber Wentzel won the Employment Team of the Year award at the 2023 African Legal Awards

Webber Wentzel won Employment Team of the Year at the 2023 African Legal Awards for advising a vehicle fintech company on its organisational redesign and implementation in various African jurisdictions.

Part 1: A closer look at the Competition Commission's draft Public Interest Guidelines

The Competition Commission’s draft Public Interest Guidelines articulate the Commission’s likely approach in imposing public interest considerations in merger approvals.

South Africa Dropped the Ball on Anti-Doping – the Current State of Play

The World Anti-Doping Agency has imposed sanctions on South Africa for non-compliance with the 2021 Code, but sanctions are suspended at least until a decision is made by the Court of Arbitration for Sport.

B-BBEE Commission explains its investigation process

The B-BBEE Commission has published a notice explaining how a complaint about fronting may be lodged and how it will respond.

Protection of Child Clause In Cannabis Bill: What It Means and Why It Is Important

Written comments have been invited on the Cannabis for Private Purposes Bill, in which it is proposed to insert a “protection of child” clause.

Webber Wentzel won the Transportation and Infrastructure Team of the Year award at the 2023 African Legal Awards

Webber Wentzel won Transportation and Infrastructure Team of the Year at the 2023 African Legal Awards for acting for and advising Seriti Green on its rollout of circa 3.2GW of wind energy projects in Mpumalanga.

Webber Wentzel wins coveted tax awards

Webber Wentzel's excellence in providing depth and market-leading tax advice service has once again been recognised by the International Tax Review (ITR).

South Africa’s Upstream Petroleum Bill could do better

The Upstream Petroleum Resources Development Bill is taking too long to develop and appears to ignore many of the lessons that should have been learnt from South Africa’s mining sector legislation.

Planning and consultation are key to avoiding conflict over securing permits

Companies wishing to explore for oil off South African shores have already encountered resistance. Planning ahead, engaging with local communities and delivering real benefits will pre-empt many of the obstacles to securing rights

Financial Services Regulation – Quarterly Alert: June – August 2023

Keep up to date on key financial services regulatory developments in South Africa in the third quarter of 2023.

Reminder from CIPC on beneficial ownership and beneficial interest filings

The CIPC recently published a customer notice as a timely reminder to companies to file the required beneficial ownership and beneficial interest information.

Virtual Wheeling 101

Eskom has run a successful pilot of virtual wheeling, which will enable companies with multiple offtake sites to connect to generators using the Eskom or municipal grids.

Unpacking South Africa's Draft Strategy To Combat Food Losses And Waste

South Africa’s draft strategy to combat food losses and waste proposes interventions such as prevention, education, partnerships, regulation and monitoring.

South Africa's Just Transition Energy Framework: Transforming Agribusiness Sustainably

South Africa’s Just Transition Framework recognises the agricultural sector as a-risk in the green transition and sets out various principles to achieve it responsibly.

National Health Insurance Bill: will it wipe out medical insurance?

The NHI Bill does not contain any clarity on how South Africa’s large and complex medical schemes and insurance industry will be affected.

Webber Wentzel won the Competition and Regulatory Team of the Year award at the 2023 African Legal Awards

Webber Wentzel won Competition and Regulatory Team of the Year at the 2023 African Legal Awards for advising Heineken International B.V. on its acquisition of South African wine and spirits maker, Distell Group Holdings Limited and its acquisition of NBL Investment Holdings (Pty) Limited, the holding company of Namibia Breweries Limited.

E-mobility in Africa – The winners in EV innovation have unassailable rights to technology

One of the challenges facing fast-growing African economies is to provide more comprehensive transport networks without huge carbon emissions consequences. Between 1990 and 2022, CO₂ emissions from the global transport sector rose by 1.7% a year, faster than any other sector except industry, according to the International Energy Agency (IEA).

Competition Commission's draft public interest guidelines for mergers published for public comment

Businesses have anxiously been seeking clarity on the application of public interest conditions in merger transactions. It is anticipated that the Competition Commission's draft public interest guidelines for mergers will provide some clarity on its approach to public interest considerations in the context of merger regulation.

Major Hazard Installation Duty Holders: key timelines to monitor to ensure compliance with new regulations

Regulations to the Occupational Health and Safety Act that apply to major hazard installations require that certain actions be taken to manage health and safety risks – some with timelines for compliance that must be monitored.

Africa lays the groundwork for a future of electric vehicles

Many South Africans who struggle every day to reach their places of work using minibus taxis or cars on congested motorways may find it hard to believe that an emobility revolution is about to happen.

Construction Mafia – Remedies and Prevention

South Africa’s so-called construction industry mafia is a complex brew. It represents a mix of inequality, corruption, criminality, copycat behaviour, inflated expectations, and weak policing, overshadowing legitimate grievances. Ultimately, it is costing the country a great deal, not only in delays to projects, with associated costs, inflated project costs and in some instances damages to both site equipment and public infrastructure but also in lost investment.

Regulatory developments in the digital finance era

Webber Wentzel attended the Digital Finance Africa Conference in Johannesburg, which highlighted several trends and developments that will be of interest to our clients.

A step-by-step guide to the proposed draft NEMA National Appeal replacement regulations

On 25 August 2023, the Minister of Forestry, Fisheries and the Environment published the Draft National Appeal Regulations, 2023 (Draft Regulations) in terms of section 43 of the National Environmental Management Act, 1998 (NEMA). The proposed changes seek to repeal and replace the National Appeal Regulations, 2014 (Current Regulations). We outline the key changes step-by-step below.

Employment and Employee Benefits: Knowledge exchange and networking session

On Thursday, 24 August, our Employee Benefits team shared insights on various employment legislation and case law developments and trends that employers need to be aware of.

POPIA – Proposed Code of Conduct: The residential communities council

The Residential Communities Council has submitted a proposed code of conduct for its members to the Information Regulator, which will guide how they handle personal information.

Key Trends Shaping the Financial Services Landscape

Staying ahead of the curve in an evolving financial services sector is not a choice, it is imperative. Our legal experts understand that a proactive approach, informed by the latest trends, is necessary to stay ahead. Read this publication, which identifies influential trends and brings you our insights.

Tax laws amendment ignores global business outsourcing realities

Proposed amendments to the tax laws, following the Coronation SCA judgment, will make it very difficult for controlled foreign companies with foreign business establishments to outsource functions.

SARS invites comments on how to modernise VAT data collection

SARS has published a discussion paper on its intended modernisation of the VAT collection system, which will ultimately make VAT reporting faster and more transparent.

Company law changes gather momentum: A snapshot of the key proposed amendments in the Companies Amendment Bills, 2023

Two Companies Amendment Bills have been introduced in Parliament, heralding important changes for company law in South Africa. While several of the proposed changes are welcome, ambiguities remain. This snapshot explores some of the key proposed amendments.

Webber Wentzel scoops the most awards at the 2023 African Legal Awards

The African Legal Awards took place at The Hilton on Friday, 1 September, where we were awarded several prestigious awards, making us the biggest winners of the evening.

Webber Wentzel's business crimes offering and expertise bolstered with a new team

Lionel van Tonder and his team of experts, Inge Swanepoel, Danniel Kruger and Aaqilah Zahra Nagdee join Webber Wentzel's Dispute Resolution Practice, to grow its business crimes offering and expertise.

Women in Construction Law: Breaking Barriers, Building Bridges

We are proud to celebrate the women in our construction law team who are making a difference in the industry.

Certain Provisions of Financial Intelligence Centre Amendment Act, 2017 come into force

Sections of the FICA Amendment Act have come into force, including reporting requirements for international funds transfers and a new definition of trust and company service providers

Women in Sport: extensive action needed to support policy considerations

The recently-published Draft Policy on Women in Sport identifies a number of barriers to women entering and excelling in sports but fails to propose any concrete actions to tackle these issues.

Webber Wentzel's practical guideline for accountable institutions

On 31 March 2023, the Financial Intelligence Centre (FIC) issued a directive requiring accountable institutions to screen employees for competence and integrity to help manage the risks of illegal activities.

Proposed revisions to water use licensing legislation envisage significant reforms

Amended procedural requirements for water use licence applications have been drafted and published. Some proposals are positive, although some will be onerous.

National Biodiversity Offset Guideline finally published

The National Biodiversity Offset Guideline has been published. It specifically applies to applications for environmental authorisations but can be used by authorities making other decisions that may involve biodiversity offsetting.

Beyond competition: the prominent role of public interest conditions in financial sector mergers

The competition authorities are increasingly imposing public interest conditions when approving mergers, including on employment, and broadening ownership.

Data Protection and Cybersecurity in the Open Finance Space

The FSCA has published a draft paper addressing the risks and possible remedies arising from data sharing in Open Finance, on which it is seeking public comment.

Taking tech to tradition: Mitigating risk in the evolving financial services sector

As technology distorts the boundaries between the physical and digital realms, adequate risk mitigation measures must be built into collaborations between banks and fintech companies.

Tobacco Bill will have far-reaching consequences for the industry and economy

The government is currently considering the Tobacco Products and Electronic Delivery Systems Control Bill, which will regulate the display, promotion and packaging of traditional tobacco products and electronic delivery systems.

Fintech and Treating Customers Fairly

Fintech businesses need to apply Treating Customers Fairly (TCF) principles when designing new products and services, especially considering the digital divide.

Changes afoot: The DTIC publishes intention to introduce two Companies Amendment Bills in Parliament

The DTIC has published a notice of intention to introduce two Companies Amendment Bills in Parliament. These Bills are expected to, among other things, provide for the disclosure of executive remuneration and extend the time bars applicable to applications for director delinquency and proceedings to recover loss due to director liability.

Total Blackout: Force Majeure and Supervening Impossibility in a Grid Collapse

If South Africa were to experience a total grid collapse, parties to a contract may be able to invoke force majeure clauses, or if no such clauses exist, to rely on the law of supervening impossibility.

No more skirting around the health and safety concerns of women in mining wearing PPE designed for men

The Chief Inspector of Mines has issued an updated guideline outlining considerations that mines should incorporate into Mandatory Codes of Practice to tackle the health and safety concerns that women have faced from using PPE designed for men.

Power plays in times of crisis

Recent competition law developments in the energy sector.

Prudential Authority publishes highly-anticipated draft guidance notes for banks and insurers on climate-related risks and disclosures

Mirroring other leading financial sector regulators across the globe, South Africa's Prudential Authority (PA) has signalled to banks and insurers that it is time for them to consider and integrate climate-related risks into their business practices, strategy, and management and disclose climate-related risks.

“Cough Cough” (are you really on sick leave?)

Two recent cases brought to the Labour Court and Labour Appeal Court have highlighted that the courts will ultimately uphold the dismissal of an employee who, although not ill, has claimed sick leave, because it undermines the trust relationship

Inaccurate fine print on packaging can spell trouble for food producers

Recent regulatory developments have tended to regulate food packaging more strictly, following international trends to hold producers, advertisers and retailers responsible for claims that entice consumers to purchase a product.

Webber Wentzel's IP experts recognised by IAM Patent 1000

IAM Patent 1000 has recognised Webber Wentzel partners, Leanne Mostert, Bernadette Versfeld, and Tim Ball as leading patent professionals.

Celebrating Women's Month: Embracing Equity and Embracing Wellness

As part of the firm's commitment to uphold the United Nations' Sustainable Development goals, particularly goals 3 (good health and well-being) and 6 (gender equality), We commemorate Women's Month by Embracing Equity and Embracing Wellness.

Sky Metro/The Wholesale and Retail Sector Education and Training Authority Judgment

In a recent case, the courts clarified the conditions for claiming irregularities in a tender process that would constitute grounds for review of an award under the Promotion of Administrative Justice Act (PAJA)

Agoa access to the US: a “nice to have”, but look to other markets as well

Next month’s African Growth and Opportunity Act (Agoa) Forum in South Africa will discuss renewals, exports, new memberships and exits, with input from governments and the private sector

A snapshot of the Public Procurement Bill, 2023

The Public Procurement Bill, which was introduced in the National Assembly on 30 June 2023, aims to create a single framework to regulate public procurement by all state organs.

Blockchain makes crypto asset transactions transparent and traceable

At the 2023 Digital Assets and Sanctions Compliance Conference, Lerato-Lamola Oguntoye participated in a panel discussion on the regulation of crypto assets in South Africa and globally. The conference highlighted how distributed ledger technology/blockchain potentially diminishes anonymity in crypto-asset transactions.

E-Alert: Prudential Authority publishes draft amendments to the commercial paper exemption notice, 1994

The Prudential Authority has published proposals to amend the rules on commercial paper issuance, including new definitions, a minimum size for issuers, and a new regulatory return

New advertising, infomercial and programme sponsorship regulations

ICASA has published new regulations governing advertising, infomercials and programme sponsorship. The regulations are binding on Broadcasting Service Licensees and come into operation on 29 December 2023.

Fitness for purpose clauses in construction contracts should be approached with caution

A fitness for purpose obligation is important in allocating design risk, but its appropriateness is often challenged.

Transformation in the sports industry takes effect from many angles

The recent demotion of the Western Province Under-16 rugby team from play because it failed to meet transformation targets highlights the importance of maintaining equitable representation in sports and the workplace.

When are government restrictions arm's length? A lesson from 3M!

A recent tax case involving payments by a Brazilian affiliate of 3M for IP it was licensed to use has cast some light on the complexities of determining an arm’s length price for intra-group services

FSCA publishes draft position paper on Open Finance

The FSCA has published for comment a Draft Position Paper setting out its policy and proposed approach towards regulating the Open Finance sector.

Game changer for sustainability disclosures in capital markets

The International Sustainability Standards Board (ISSB) has published inaugural standards that aim to promote consistency and comparability in sustainability reporting and disclosure. These standards will have knock-on effects for South African companies.

South Africa – ESG Dispute Update

Climate change considerations and environmental impacts relied on as grounds to refuse licences for development projects.

New draft rules on the proposed two-component (two-pot) retirement system

The anticipated draft amendments to legislation that will implement the first phase of the two-component retirement system have been published for comment.

Trusts and PBOs now required to file third-party returns to SARS

SARS has published the notice requiring trusts and section 18A entities to file third-party returns, which will be used to pre-populate tax returns.

Linklaters and Webber Wentzel celebrate 10-year alliance anniversary

In 2012, Linklaters and Webber Wentzel signed a Collaboration Agreement, formalising a deep-rooted relationship between the two leading firms developed by working together for over 40 years.

The Financial Intelligence Centre Publishes Final Guidance for Crypto Asset Services Providers

The FIC has published final guidance for crypto asset services providers, which are listed as accountable institutions as of 19 December 2022.

Phala Phala Saga and the public interest override

The recent Constitutional Court ruling in Arena Holdings (Pty) Ltd t/a Financial Mail and Others v South African Revenue Service puts pressure on President Cyril Ramaphosa to reveal the tax records of the Tshivhase Trust, owner of Phala Phala.

The tax implications of exporting excess electricity to the municipality

South Africa’s energy supply system is in flux. While this is causing some pain, it is also opening up new income-earning opportunities for those with the capital to spend on installing solar PV or wind generation facilities at their homes or premises.

Information regulator takes action against Department of Justice and Constitutional Development

The Information Regulator has levied an administrative fine of ZAR 5 million on the Department of Justice for breaching POPIA.

Insurance Informer: Exemption from liability for theft by own employee

Exemption clauses exempt a contracting party from liability in certain circumstances. The enforceability of these clauses, especially in light of the Constitution, has long been a difficult topic, raising interesting debates.

Mining rights and indirect change of control - Judge settles old debate

A recent Supreme Court judgment has clarified that ministerial consent under section 11 of the MPRDA is needed for both direct and indirect changes of control of a company that holds mining rights

Electronic Communications Amendment Bill, 2022 open for comment

The Electronic Communications Amendment Bill, 2022 (the Bill), which introduces a number of significant amendments to the Electronic Communications Act 36 of 2005 (the ECA), has been published. Interested parties have until 23 July to submit written comments regarding the Bill.

Does the settlement agreement between Solidarity and the Government on affirmative action measures change anything?

The settlement agreement concluded in the CCMA between Solidarity and the Minister of Employment and Labour on 28 June 2023 must be considered in context to determine whether it changes anything for designated employers in SA

Regulations on food labelling and advertising

On 21 April 2023, the Minister of Health published the draft regulations relating to the Labelling and Advertising of Foodstuffs

The BULK of the National Environmental Management Laws Amendment Act 2 of 2022 has finally come into force

The National Environmental Management Laws Amendment Act, 2022 ("NEMLAA 4") has finally been proclaimed and came into effect on 30 June 2023.

Exchange controls in Africa - Some limitations to be aware of

A country’s rules on exchange control and the accessibility of foreign exchange should be important considerations for those considering doing business in a new jurisdiction.

Google Adwords Policy Amendment: Trade mark owners need to be more proactive

On 8 June 2023, Google announced updates to its Google Ads Trade Mark Policy that will be effective on 24 July 2023.

Weighted voting share structures, free float, and SPACs: Amendments to the Listings Requirements effective 17 July 2023

The JSE has approved amendments to its Listings Requirements to regulate the listing of companies with weighted voting share structures, reduce the free float threshold, alter the current free float assessment, and enhance the JSE's SPAC offering.

Recent changes to COIDA: An overview of key amendments

The Compensation for Occupational Injuries and Diseases Act (COIDA) has recently undergone several amendments, bringing about important changes that impact employers and employees.

Draft Rehabilitation, Reintegration and Return-to-Work Regulations

On 15 June 2023, the Department of Employment and Labour (DEL) published the Draft Rehabilitation, Reintegration and Return to Work Regulations in terms of the Compensation for Occupational Injuries and Diseases Act (COIDA) for public comment. These draft regulations propose new and significant obligations for employers to fulfil.

PAIA - Deadline for section 83(4) report less than a week away

The Information Regulator published a notice on 7 May 2023, inviting all private bodies to submit a report by Friday, 30 June 2023, detailing requests for access to the records of these private bodies.

Webber Wentzel embraces Generative AI as part of its ongoing innovation journey

Webber Wentzel is taking the lead on responsible Artificial Intelligence (AI) investment within the African legal landscape as part of its continued commitment to deliver an exceptional client experience and foster an open, creative, and entrepreneurial culture.

Webber Wentzel shortlisted in 19 African Legal Awards categories

Webber Wentzel is proud to have been shortlisted in 19 categories in the 2023 African Legal Awards. Being nominated across so many critical categories is a real endorsement of Webber Wentzel's standing in the African legal market.

From fraud to fortification: Strengthening hiring processes to prevent the need to litigate

By verifying documents during hiring, employers could save themselves costly litigation against employees who submit fraudulent credentials to secure jobs and promotions.

Tax incentive for rooftop solar – A proverbial two birds, one stone?

The South African Reserve Bank estimated that the rolling blackouts hitting South African businesses and households cost the economy approximately ZAR 900 million a day.

Minister of Finance increases maximum monetary fines for auditors

South Africa's Minister of Finance increased the maximum fines that the Independent Regulatory Board for Auditors can impose on auditors for misconduct.

New Frontiers: Options for Dispute Resolution under the AfCFTA Investment Protocol

The recently-adopted AfCFTA Protocol on Investment will be followed by an Annex which will tackle the contentious issue of regulating trade and investment disputes without impinging on national sovereignty.

The National Health Insurance Bill

With the National Health Insurance Bill having recently been approved by the National Assembly, many questions and concerns about the practical implementation of the scheme remain unresolved.

The costs and consequences of insurance fraud

In 2001, the House of Lords stated that "there seems to be a widespread belief that insurance companies are fair game, and that defrauding them is not morally reprehensible". This has never rung truer than in times of financial turbulence.

National Treasury takes proposed two-pot retirement system forward

Revisions to the draft legislation on the “two-pot” system for retirement funds were published on 9 June 2023, incorporating proposals mentioned in Chapter 4 of the 2023 Budget Review

Specialist M&A and Equity Capital Markets lawyer returns to Webber Wentzel

Huneiza Goolam re-joins Webber Wentzel as a partner in the firm's Corporate Business Unit, effective 1 June 2023. Prior to this, Huneiza worked at various law firms as a partner and general counsel, as well as a legal advisor for private clients

Update: Further relief for ZEP holders with the concession extended until 31 December 2023

A new Immigration Directive issued gives Zimbabwean Exemption Permit (ZEP) holders further relief with the extension of the concession to 31 December 2023.

Insurance Informer: Mauritian Supreme Court awards unprecedented damages in a road accident claim

In the Judgment of Moollan I. v Mosaheb M. & Ors 2023 SCJ 34, the Mauritian Supreme Court awarded more than MUR 200 million to Mr Moollan (the claimant), who was involved in a road accident over 19 years ago.

Is this a powerless power minister?

The powers of the new Minister of Energy, as promulgated by President Cyril Ramaphosa, appear to be limited and his areas of responsibility overlap with those of other ministers

Zimbabwean Exemption Permit holders: 30 June 2023 is closer than you may realise

The six-month extension period for the Zimbabwean Exemption Permits (ZEP) is concluding on 30 June 2023 and it is closer than you may think.

Supreme Court of Appeal strikes out the Mandatory Audit Firm Rotation Rule

In a significant judgment for the auditing profession, the Supreme Court of Appeal has ruled that the Independent Regulatory Board for Auditors did not have the power to mandate audit firm rotation

Financial Services Regulation - Monthly Update: May 2023

Keep up to date with key Financial Services Regulation developments in South Africa in May 2023.

South African crypto providers now caught in licensing net

South African regulators have now defined crypto as a financial asset. But what does it mean in practice?

Private equity firms rise above global economic stress

PE is vital to the Southern African economy for a number of reasons. It drives job creation, acts as a catalyst for genuine economic transformation and attracts foreign investment.

Batteries, pesticides and lubricants added to Extended Producer Responsibility Schemes

Portable batteries, pesticides and lubricant oils now fall under the Extended Producer Responsibility Regulations, and have to comply with rules on transportation, storage and waste.

Tax deductions for residential solar power systems

The other day there was a lot of hammering, grinding, drilling and shouting emanating from the roof of my neighbour’s house.

Fraudulent scam using our name, Webber Wentzel

We have been made aware of a fraudulent scam using our name. The scam relates to a "Trust Fund for Victims of Fraud" (the Trust Fund) that is supposedly governed by the International Financial Fraud Corporation, which purports to be a fraud investigation firm that assists victims who suffered financial loss arising out of or relating to fraudulent schemes, and to recover their funds and investments.

Private Equity Sector Trend Report 2023

Let our legal expertise mitigate the risks and navigate the complexities of the Private Equity sector for you.

Retrenched by HAL 9000: what employers should know before using AI in dismissals based on operational requirements

Employers using AI systems to identify employees for retrenchment need to be cautious of potential discrimination and should ensure that human bias is not systematised.

Pro Bono Annual Report – FY22/23

The mandate of our pro bono team is to provide free legal services to poor and/or vulnerable members of the public.

CSI Annual Report – FY22/23

Our CSI programme is centred around four pillars: financial donations to beneficiaries; in-kind support to social justice organisations, once-off donations to aligned causes, and outreach activities.

Worth Their Weight In Gold: High-Value Goods Dealers fall within FICA’s ambit

Amendments to the Financial Intelligence Centre Act established a new category of accountable institutions, high-value goods dealers, who now have compliance and reporting obligations

Financial Services Regulation – Monthly Update: April 2023

Keep up to date on key Financial Services Regulation developments in South Africa in April 2023.

Skirting the Tax Court is not a quick-fix solution to a tax dispute

The road to finalising a dispute against an additional assessment or a SARS decision can be a "protracted slog" to the Tax Court. Recent case law suggests that relief in the High Court is only available in exceptional circumstances.

South Africa's potential copyright calamity

South Africa’s Copyright Amendment Bill and Performers Protection Amendment Bill could potentially harm rather than help the creative industry and needs serious reconsideration.

Patenting AI inventions – the robots aren't going to work for free

While South Africa’s Copyright Act protects non-human inventors, the Patents Act does not, which is an unsatisfactory position.

Call for submissions: Proposed amendments to the Cannabis for Private Purposes Bill 2023

The Portfolio Committee on Justice and Correctional Services has invited stakeholders and interested persons to provide feedback on the most recent proposed amendments to the Cannabis for Private Purposes Bill 2023 [B19 – 2020], which inter alia, broadens the scope of the Bill to include provisions relating to commercial hemp activities.

A POPIA perspective on the Financial Intelligence Centre’s Directive 8

The FIC’s Directive 8, requiring accountable institutions to screen employees, should be applied while complying with POPIA’s restrictions on processing personal information.

Chambers and Partners: Corporate M&A 2023 Trends and Developments

Webber Wentzel's team of experts contributed to the 2023 edition of the Chambers Corporate M&A Global Practice Guide.

MHSA – proposed new regulations on first aid, emergency response and missing person locator systems

On 13 April 2023, the Mine Health and Safety Council (Council) circulated draft amendments, for comment, to regulation Chapter 16 of the regulations to the Mine Health and Safety Act (MHSA) which if published in their current form are likely to have significant implications for mine owners

Constitutional Court judgment brings finality to the meaning of "in response to a strike" when employers use replacement labour during a lock-out

On 18 April 2023, the Constitutional Court handed down judgment in National Union of Metalworkers of South Africa (NUMSA) v Trenstar (Pty) Ltd (Trenstar).

Webber Wentzel CTI Update March - April 2023

Our CTI practice offers clients a holistic service that covers all the complexities of competition, trade and investment across the continent.

Are You Ready? FIC's Employee Screening Directive is effective

The FIC has issued a directive requiring accountable institutions to screen employees to help manage the risks of illegal activities, but this screening also has to comply with employment laws.

Insurance Informer: Business Email Compromise & Contractual Obligations

In the recent case of Gerber, the High Court found that the defendant was liable for the losses suffered by the plaintiff when hackers deceived the defendant into making various payments from the plaintiff's account.

Webber Wentzel alumni event in London

Our heartfelt gratitude to everyone who attended our alumni 'sundowner' we hosted in London on 13 April 2023.

The Department of Home Affairs issues new Immigration Directive

A new Immigration Directive issued by the Minister of Home Affairs (DHA) aims is to reduce certain burdens on foreign nationals applying for South African temporary residence and South African permanent residence.

ESG and the African Continental Free Trade Agreement

The forward momentum of ESG principles, which permeate every aspect of global economic activity, is also evident in the first strides the AfCFTA has taken.

Insurance Informer: "Causation - A time test?"

In the recent case of Louw v Patel, the Supreme Court of Appeal (SCA) dismissed an appeal lodged by the appellant against the full court's decision to grant the respondent damages as a result of alleged medical negligence.

Webber Wentzel's excellence recognised by The Legal 500

Webber Wentzel has again maintained its top spot in The Legal 500 Europe, Middle East & Africa 2023 directory, as the most highly ranked law firm in South Africa.

Webber Wentzel's 2023 partner promotions

Webber Wentzel has promoted 13 new partners across 6 practice areas. In keeping with the firm's transformation and gender strategies, 7 of the new partners are women.

Employment Equity Amendment Bill 2020 signed into law: Employers must act swiftly and take a measured approach

The Employment Equity Amendment Act has been signed into law, which paves the way for setting enforceable numerical targets for employment equity for economic sectors and fining employers who are non-compliant.

Deduction of income tax and CGT when calculating estate duty

The net value of an estate for estate duty purposes may be reduced by income tax, CGT payable on the sale of assets by the executor, and income tax on the sale of trading stock.

Self-generated goodwill and CGT

Self-generated goodwill has to be valued when a business is sold as a going concern, and if it commenced before 1 October 2001, the time-apportionment method of valuation can be used.

Gender empowerment in the workplace is more than a moral obligation

The term "gender empowerment" was developed to describe the process of increasing the power and influence of women in society, while recognising the importance of including men and non-binary individuals in the process.

Contributions to employee share incentive trusts

The contributions that companies make to employee share trusts should be tax deductible if they are made to incentivize employees but, if there are other benefits, there may be a capital gains liability.

Share buy-backs

The tax implications of share buybacks by companies are complex for both the company and its shareholders, and harsh penalties may be levied for non-compliance.

Webber Wentzel's exceptional insurance expertise receives Chambers Global Band 1 ranking

Chambers Global 2023 Band 1 ranking positions Webber Wentzel's insurance team as a leader in the South African insurance practice group.

Financial Services Regulation – Monthly Update: March 2023

Keep up to date on key Financial Services Regulatory developments in South Africa in March 2023.

South Africa - ESG Disputes Update

Gas' role in South Africa's just energy transition questioned through challenges to environmental authorisations for gas-to-power plant project and gas to power via powership project via administrative law mechanisms.

The next chapter: From associate to senior associate

21 Webber Wentzel associates have been promoted to senior associates, effective 1 March 2023.

Making ESG work for the agricultural sector

Agribusinesses can maximise opportunities, including creating significant revenue generation to compliment the sector's existing sources of revenue, and promote resilience by adopting ESG strategies.

Home Affairs extends temporary measures to manage visa and waiver applications

The Department of Home Affairs (DHA) has introduced temporary measures to address a backlog in processing visa and waiver applications.

South Africans bask in new tax breaks for solar power

Government has announced temporary incentives for residential and business solar PV installations to help boost South Africa’s energy generation.

Stoking the toke: South Africa’s cannabis industry needs some fire

Progress on developing a South African cannabis industry has been inexplicably slow, which could cause the country to miss out on the potential for job creation and rural upliftment.

Developers vs owners: Who does the fiduciary duty of cryptocurrency lie with?

On 3 February 2023, the UK Court of Appeal handed down the judgment in Tulip Trading Limited (A Seychelles company) v Bitcoin Association For BSV & Ors [2023] EWCA Civ 83.

Foreign employers will be required to register with SARS

National Treasury proposed in the February 2023 Budget that it intends to align the obligations on South African and foreign employers, which creates certain practical issues.

Collective misconduct and the burden of proof: lessons for employers

The Labour Appeal Court has ruled against an employer's reliance on collective misconduct for shrinkage in an unfair dismissal case, reinforcing the importance of evidence and the burden of proof placed on the employer.

The Year 2022 in Review: Some notable insurance cases

In the past year the insurance industry has faced many challenges. These include loadshedding, more extreme weather claims, an increase in vehicle theft and motor accidents,

Greylisting turns the spotlight on beneficial ownership of companies and financial institutions

South Africa has put new laws in place to address the Financial Action Task Force’s (FATF) concerns, and those relating to beneficial ownership will have a significant impact on financial institutions and companies.

When should the locked box mechanism be used and how can purchasers ensure that they are protected?

Originally used predominantly by private equity investors looking for a clean separation at the conclusion of a transaction, the locked box pricing mechanism continues to gain traction in the South African and global M&A market.

23 legal developments to track in 2023

Various legal developments that will impact South African business operations are expected to unfold in 2023, particularly in the fields of tax, ESG, financial regulation and economic transformation.

Insurance Informer: Vicarious liability – independent contractors

A recent medical case argued in the Supreme Court of Appeals reviewed the common law on whether a principal can be held vicariously liable for the actions of an independent contractor.

New tax dispute resolution rules come into effect immediately

New tax dispute resolution rules provide for, amongst others, 80 days to submit an objection and more independence of an ADR facilitator.

Unpopular employee - lessons for employers

In Zimbini Makuleni v Standard Bank of South Africa Ltd and Others , the Labour Appeal Court (LAC) determined whether an employer could dismiss an employee for misconduct where the facts demonstrated that they were an unpopular boss.

Webber Wentzel's ESG Legal Outlook 2023

Webber Wentzel has collaborated with Linklaters to compile an ESG guide that covers key ESG trends as well as what is on the horizon for 2023 in various jurisdictions, including South Africa.

Draft notice of Amendment of board notice 90 of 2014

The Financial Sector Conduct Authority has published a draft notice of amendment of Board Notice 90 of 2014

The impact of greylisting on South Africa's hospitality and leisure sector

South Africa has experienced a seasonal boom in its hospitality and leisure sector, with the Western Cape being the primary beneficiary.

Financial Services Regulation – Monthly Update: February 2023

Keep up to date on key Financial Services Regulation developments in South Africa during February 2023.

New accountable institutions must register with the FIC

Our Financial Regulation team recently prepared a client alert with details about entities that are deemed accountable institutions in terms of Schedule 1 of the Financial Intelligence Centre Act, 2001.

Webber Wentzel welcomes Competition law expert, Mark Garden

Webber Wentzel has appointed Mark Garden as a partner in its Competition, Trade and Investment (CTI) Practice, effective 1 March 2023.

Webber Wentzel's Dispute Resolution Legal Outlook 2023

In 2022, there were significant changes in the South African dispute resolution landscape. New legislation and regulations were introduced on cryptocurrency and ESG disclosures by listed companies, paving the way for developments in commercial litigation and arbitration in these sectors.

What you need to know about ChatGPT and Copyright

Large language models provide a wide range of services but the way they synthesise their information may infringe copyright laws.

Restraints of trade and settlement agreements: a lesson for employers on the full and final settlement of disputes

According to a recent judgment from the Labour Appeal Court (LAC), when concluding settlement agreements with former employees, employers must actively preserve their rights to enforce restraint of trade undertakings, and other important protections.

Impact of the National Minimum Wage on agribusinesses

Hard-pressed agribusinesses battle to contain costs and maintain operational viability in the current economic climate which makes the sector vulnerable to the impact of large National Minimum Wage (NMW) increases

South Africa has been greylisted; what are the implications for the country going forward?

South Africa’s greylisting by the Financial Action Task Force (FATF) has significant implications for its economic growth and global competitiveness, but moves are already being taken to satisfy the FATF

Webber Wentzel's market-leading position is re-affirmed at the 23rd DealMakers Awards

Webber Wentzel's market-leading position is re-affirmed at the 23rd DealMakers Annual Gala Awards which took place on 21 February 2023

New National Minimum Wage Announced

Employers need to be aware of the new higher National Minimum Wage rates from 1 March and to take these rates into account when they engage in collective bargaining agreements.

Budget 2023 gives relief to hard pressed South African taxpayers

The National Budget delivered today by South Africa’s Minister of Finance, Enoch Godongwana, showed that government is making some significant financial commitments to restore Eskom to viability and to maintain social grants.

2023 earnings threshold entitles employees to stricter labour legislation protections

From 1 March 2023, the earnings threshold will increase to ZAR 241 110.59, entitling employees falling below the new threshold to stricter protections in terms of labour legislation.

Insurance Informer: The common law on claims against public health institutions takes a step forward

The Eastern Cape division of the High Court has developed the common law to allow courts to apply broader remedies in claims for negligence against public healthcare providers and institutions.

Chambers Global recognises Webber Wentzel in 2023 rankings

Chambers Global recently released its 2023 rankings of the best legal practitioners and law firms in over 200 jurisdictions worldwide.

Webber Wentzel appoints close to 40 new associates

Webber Wentzel has recently appointed 37 associates that have just completed their two-year vocational training.

Leading arbitration experts recognised by the Legal 500's 2023 Arbitration Powerlist

Legal 500 has recently published its 2023 Private Practice Powerlist for Africa Three Webber Wentzel partners, namely Trevor Versfeld, Sarah McKenzie and Stuart McCafferty are all recognised by Legal 500 as leading arbitration practitioners working across Africa.

Webber Wentzel gives 50 CAs an opportunity to build fulfilling and enduring careers

To attract (and retain) the best people, Webber Wentzel welcomed 50 new candidate attorneys to their firm.

These candidate attorneys will rotate through various practice areas, allowing them to be fully exposed to different matters, partners and teams.

Lawyers 2.0 in a ChatGPT World: The Human-AI Connection

The legal industry is facing a future where Artificial Intelligence (AI) promises to take over many of the tasks that lawyers have traditionally done. Months after its release, the hype surrounding OpenAI's ChatGPT has not relented.

Masking the real "disaster"? South Africans left in the dark after State of Disaster announcement

The declaration of South Africa’s energy crisis as a National State of Disaster may be open to court challenge, as there is already sufficient legislation in place to deal with it.

Insurance Informer: Slip and Trip – Rainy Days (Part 2 of 2)

In Cenprop Real Estate (Pty) Ltd v Holtzhauzen [2022] ZASCA 183 (19 December 2022), the SCA held an owner of a shopping mall and the entity controlling the mall liable for failing to take reasonable steps to prevent a slip and trip that occurred on a rainy day.

New SEC compensation clawback rules impact US-listed South African private issuers

A new US Securities Exchange Act Rule will take effect on 27 January 2024 and impact US-listed private issuers and dual-listed companies.

South Africa’s Exploration Strategy hints at future amendments to the Mineral and Petroleum Resources Development Act

The Exploration Strategy published last year contains some useful proposals to bolster mineral exploration, but also some proposals on security of tenure and transformation which may be less welcome to the industry

Just Energy Transition demands risk mitigation approach for mining communities

Mining companies can put various risk mitigation measures in place to smooth the Just Energy Transition in South Africa, which will be especially felt by communities.

Webber Wentzel - big deals and dealmakers at the Ansarada Annual Awards

Ansarada DealMakers has recently announced its shortlist for deals of the year and its shortlist for individual dealmaker of the year.

Picture this: Visually aided employment contracts in the mining sector

It is time for the mining sector to embrace modern and effective methods of communicating employment contracts.

Grey clouds for now and not a downpour – South Africa's attempts to stave off proposed grey listing

Fears that South Africa's place on the Financial Action Task Force (FATF) grey list was cemented as a consequence of its inadequate controls to counter money-laundering and financing of terrorism activities.

Resource nationalism can create uncertainty and strangle mining investment

Short-term gains can result in a longer-term loss of investment when governments impose too many demands on mining companies.

Is your business an accountable institution? Your 90 days are running

Towards the end of 2022, several amendments and proposed changes to the structure of South Africa's anti-money laundering and counter-terrorist regime were implemented.

WTR 1000 recognises Webber Wentzel's IP leaders

The World Trademark Review (WTR) 1000 has recognised four Webber Wentzel partners, Leanne Mostert, Bernadette Versfeld, Tim Ball and Carla Collett as leading professionals who are outstanding at obtaining, protecting, managing, enforcing and monetising trademarks.

President Cyril Ramaphosa reassures investors that SA's mining challenges are being addressed

President Cyril Ramaphosa has highlighted many important aspects in which government can help to boost mining investment in South Africa.

Strengthening the 'G' in ESG: FICA, Import and Export and the effect on mines

Government has introduced new or amended regulations relating to FICA and the import and export of certain minerals or other items, which may be relevant to different mining companies.

Business and Human Rights: Increased scrutiny for mining companies

Increasingly, mining companies will have to satisfy lenders that they meet high ESG standards, particularly on business and human rights.

Minister Mantashe looks to mining investors to solve load shedding, logistics problems facing SA

The keynote welcome speech by Minister of Mineral Resources and Energy, Gwede Mantashe, at Mining Indaba 2023 today was a straightforward acknowledgement of some of the current issues facing the mining industry.

Investors want Minister Mantashe to take real action to stimulate investment in South African mining

In his speech opening next week’s Mining Indaba in Cape Town, Minister of Minerals and Energy Gwede Mantashe should address some of the burning issues outlined by Webber Wentzel’s team of mining experts

Financial Services Regulation – Monthly Update: January 2023

Keep up to date on key Financial Services Regulation developments in South Africa during December 2022 and January 2023.

Forum Shopping: A matter judged cannot be judged again

In a recent judgment, the Labour Court has confirmed that instituting a claim for unlawful termination may follow an unsuccessful claim for unfair dismissal at the CCMA.

Commencement of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act

The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act has been signed into law. Cascading commencement dates for different sections have been proclaimed.

Webber Wentzel CTI Insights Series

In our Insights series, Africa Legal took a close look at the Competition, Trade and Investment practice’s offering, the need for the service on a regional and pan-African basis, and areas of growing concern for market actors.

Insurance Informer: Slip and Trip (Part 1 of 2) – Dangerous Situation

In the recent case of Davidtz v Klimax Manufacturing (Pty) Ltd (25112/2019) [2022] ZAGPPHC 904 (22 Nov'22), the High Court reaffirmed that a legal duty rests on companies to prevent the damage from materialising.

Webber Wentzel partner recognised as Up-and-Coming Lawyer of the Year

Chambers Africa has named Webber Wentzel partner, Ziyanda Ntshona as Up-and-Coming Lawyer of the Year. Congratulations to our key relationship firms Anjarwalla & Khanna, Aluko & Oyebode BLC Robert & Associates and ADNA for being named Law Firm of the Year in their jurisdictions.

Webber Wentzel recognised as 2022 South Africa Law Firm of the Year by Top Ranked Legal

Webber Wentzel has been awarded the 2022 South Africa Law Firm of the Year in the EMEA Awards by Top Ranked Legal.

SCA hands down important judgment for the mining industry

In a judgment handed down by the SCA on 18 November 2022, several key South African mining and mineral law principles were enforced. The SCA also emphasised points that a mining rights applicant should keep in mind.

Insurance Informer: Time-bar

In a recent case, the full bench of the Gauteng Division of the High Court, Johannesburg, reaffirmed the enforceability of time-barring clauses in insurance contracts

New Preferential Procurement Regulations: a "placeholder"

The new Preferential Procurement Regulations allow organs of state to set quantifiable, transformative goals in their tenders. Bidders will need to consider tender documents carefully to determine whether they may be eligible to receive points for meeting specific goals stipulated in a tender document.

Webber Wentzel wins 2nd place at GradStar awards

The 7th annual GradStar Awards Programme identifies the top 100 most employable and talented tertiary-level students.

Webber Wentzel outranks its South African peers in FinTech

Webber Wentzel is proud to have been singled out by Chambers Legal as a “Band 1” firm in FinTech legal advice, with two of its partners, Christoff Pienaar and Dawid de Villiers, ranked in Band 1 and Band 2 respectively.

The ever-changing CTI landscape

In this vidcast, Webber Wentzel’s team of competition, trade and investment (CTI) experts share some valuable knowledge and insights.

Africa needs to get in gear to host global motor racing

The Formula E event in Cape Town in 2023, and perhaps future Formula 1 events in South Africa, would stimulate infrastructure development, but also require coordination among a broad group of stakeholders.

Awareness to Accountability: Unpacking the test for unwanted conduct as an element of sexual harassment

16 Days of Activism against Gender-Based Violence is an international campaign that raises awareness and mobilises advocacy to combat violence against women and children.

Income Tax and VAT - Mining of Crypto Assets | Tax Chronicles

Crypto assets can be earned as rewards from proof of work or proof of stake mining, and the tax payable in respect of each activity may be different.

January 2023 deadline to register Intellectual Property Rights with the Kenyan Anti-Counterfeit Authority looms

Businesses that export goods to Kenya, have until 1 January 2023 to register their Intellectual Property Rights (IPR) with the ACA. Failure to register will result in goods being stopped at the border as well as criminal and civil liability.

Resolving customs and excise disputes with SARS - litigation [Part 4 of 4 part series]

There are various mechanisms to resolve disputes with SARS' Customs and Excise divisions. In this article, we consider the final mechanism: litigation against SARS.

Financial Services Regulation - Monthly Update: November 2022

Keep up to date on key Financial Services Regulation developments in South Africa during November 2022.

National Assembly passes a revised version of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill (Omnibus Bill)

On 22 November 2022, the National Assembly passed a revised version of the Omnibus Bill, which proposes to amend five pieces of legislation, including the Companies Act, 2008.

7 Webber Wentzel partners named "Lawyers of the Year" by Best Lawyers

Best Lawyers "Lawyer of the Year" awards are presented annually to a single outstanding lawyer in each practice area and designated metropolitan area.

Webber Wentzel recognised for Excellence in Enterprise IT Adoption at the Digital Transformation Awards 2022

Webber Wentzel has been recognised amongst the top 100 organisations for Excellence in Enterprise IT adoption at the Digital Transformation Awards 2022, which took place on Friday, 25 November 2022 in Kenya.

ESG-focused procurement in the Hospitality and Leisure Sector

ESG compliance offers the hospitality and leisure sector in South Africa much-needed, low-cost credentials as an additional competitive advantage, in a tight market.

The long journey for justice for Nokuthula Simelane has been postponed again

The firm has been involved in numerous complex litigious matters relating to human rights and social justice.

AfCFTA: The Game Changer for Africa

On Wednesday, 28 September 2022, Webber Wentzel (in partnership with Invest Africa) held a discussion on why the African Continental Free Trade Agreement (AfCFTA) is a game changer for Africa.

AmaBhungane victorious in its fight for transparency of private donations to political campaigns

Webber Wentzel's client, amaBhungane succeeded in an application before the Constitutional Court following its challenging of the constitutionality of the Executive Member's Ethics Code regarding the disclosure of private donations to political campaigns.

The COSAS 4 families oppose SAPS’s attempt to delay the murder trial

Our Pro Bono team acted on behalf of the families of the COSAS 4 to file a court application ordering the SAPS to pay Christiaan Siebert Rorich's legal costs, so as to avoid a grave miscarriage of justice

Pro Bono team secures protection for patients with life-threatening conditions in the face of medical aid scheme's impending liquidation

Our Pro Bono Team launched an urgent application to intervene in the application brought by Health Squared Medical Scheme for leave to apply in terms of section 51 (2) of the Medical Schemes Act 131 of 1988 for its voluntary winding up.

Staving off greylisting requires action from SA’s public and private sectors

The measures South Africa is putting in place in response to the Financial Action Task Force’s recommendations will affect all industries and all employees.

Uneven barter transactions

Case law gives guidance on the correct values to be used for tax purposes in the event that assets are exchanged for more or less than the market price.

Greenwashing and the role of the Advertising Regulatory Board in South Africa

South Africa’s Advertising Regulatory Board and the Consumer Protection Act enable consumers to lodge complaints when they suspect an advertiser or marketer of greenwashing.

Embracing neurodiversity: beyond disability

Disability Rights Awareness Month runs from 3 November to 3 December 2022 and is focussed on “empowering persons with disabilities through resourceful, sustainable and safe environments”, while recognising that not all disabilities are visible.

Capital gains cannot flow through multiple discretionary trusts - SCA

A recent SCA judgement has clarified that a capital gain distributed from one trust to a second and then to a natural person beneficiary must be taxed in the hands of the second trust, not the natural person

Public sector strike action may put the new Essential Service Committee Regulations of 2022 to the test

Trade unions in the public sector vow that planned protest action will disrupt essential services such as hospitals and courts during a 'National Day of Action' on 22 November 2022, with promises of full-blown strike action thereafter. How do the restrictions on workers' right to strike in essential services mitigate the potential disruption?

The JSE moves forward with its Consultation Paper proposals to amend the Listings Requirements

After publishing its Consultation Paper and Response Paper with broad proposals to reform the Listings Requirements in light of international developments and make listing on the exchange more attractive, the JSE proposes to introduce a weighted voting share structure offering and amend its free float requirements and SPAC provisions.

Webber Wentzel lawyers recognised by Best Lawyers

Of the 204 rankings by Best Lawyers, 129 Webber Wentzel Lawyers have been recognised in 38 categories of the 14th Edition of The Best Lawyers in South Africa.

Webber Wentzel's 2022 Financial Services round up

In September 2022, experts from our Financial Services Sector Group across our Johannesburg and Cape Town offices, hosted a Financial Services round up, to unpack key insights on the below issues that impact the sector:

Ster Kinekor successfully exits business rescue with Webber Wentzel at its side

Webber Wentzel assisted and advised Ernst & Young's Stefan Smyth (business rescue practitioner) on a ZAR 250 million business rescue matter involving the refinancing and restructuring of Ster Kinekor's debt and the 100% purchasing of the Ster Kinekor shares by Blantyre Capital Limited and Greenpoint Specialised Lending.

Employment & Employee Benefits Seminar: Linking key ESG trends to the current employment landscape

In a hybrid event held on 29 September 2022, our Employment and Employee Benefits Group presented insights linking key ESG trends to the current employment landscape.

Webber Wentzel M&A Master series: ESG and Governance: Disclosure reporting and beyond

To launch its M&A Master series, Webber Wentzel hosted a hybrid event on Tuesday, 13 September 2022, targeted at clients involved and interested in the mergers and acquisitions landscape on the African continent. The overarching theme for this session was ESG and Governance: Disclosure reporting and beyond.

Dismissal emanating from wearing high-heeled shoes - sartorial elegance against health and safety

In a recent judgment , the Labour Court reinstated an employee who had been dismissed for voicing her dissatisfaction with the company’s policy on wearing high-heeled shoes on mine premises.

A win for new mothers as Brandt v Quoin Rock Wines develops protection from unfair discrimination on the grounds of pregnancy

A recent Labour Court judgment develops the prohibition against unfair discrimination on the grounds of pregnancy.

Webber Wentzel Investment Funds Group wins two prestigious awards

Webber Wentzel was awarded the Funds Legal Advisor of the Year title for the 6th time (and third consecutive year) at the 10th Private Equity Africa (PEA) Awards 2022.

Webber Wentzel's 2022 Mining Sector round up

On 18 October 2022, experts from Webber Wentzel's Mining Sector Group hosted a client round up event to unpack how and why mining companies need to adapt to a greener economy and more stringent transformation targets.

Financial Services Regulation - Monthly Update: October 2022

Keep up to date on key Financial Services Regulation developments in South Africa during October 2022.

Investment by the private sector will drive the AfCFTA forward

Four key value chains (automotive, agri-business, healthcare, and logistics) are leading the implementation of the African Continental Free Trade Agreement, with planning, lobbying and investment

Trading under the AfCFTA becomes a reality - guided trade initiative launched

The African Continental Free Trade Area (AfCFTA) Secretariat has launched the AfCFTA Guided Trade Initiative (GTI). The launch of the GTI is a significant milestone that marks the commencement of 'commercially meaningful' trade in terms of the AfCFTA agreement.

Restrain or React: Greylisting in South Africa

In 2019, the Financial Action Task Force ("FATF") red-flagged South Africa for high levels of corruption. That means South Africa has to address its partial compliance or non-compliance with 20 of the FATF’s “Forty Recommendations” by February 2023.

Mining companies need to adapt to a greener economy and more stringent transformation targets

Mining companies need to be on the alert as the legal and regulatory framework in which they operate is constantly changing and evolving around issues such as decarbonisation, exploration, resettlement, and employment equity.

Supreme Court of Appeal dismisses challenge to agreement not to sue

The Supreme Court of Appeal recently dismissed a challenge to a contractual undertaking not to institute legal proceedings (known as a pactum de non petendo), finding that the undertaking was not against public policy.

Violence and intimidation associated with industrial action: Using picketing rules and the Code on Harassment to mitigate strike-related violence

Employers trying to tackle violence related to industrial action have traditionally reacted with court proceedings and disciplinary action once such action has taken place.

Are BRPs and Liquidators overlooking potential ESG benefits & ignoring possible risks?

BRPs in South Africa should incorporate ESG considerations into their business plans to attract more investors and comply with the SA’s climate change commitments.

Amended EE Bill tightens up on transformation targets

Employers will face consequences if the Employment Equity Amendment Bill is implemented, specifically that hard-coded sector targets will be enforced, together with fines for non-compliance.

Webber Wentzel won the African Legal Awards for African Law Firm of the Year

Webber Wentzel has been named African Law Firm of the Year (Mid-Large Sized Practice) at the 2022 African Legal Awards.

SARS (somewhat) lifts prohibition on distributions from resident trusts to offshore trusts

SARS will now consider applications from South African-resident trusts for approval to distribute funds to non-resident trusts.

FSCA declares crypto assets a financial product

The Financial Sector Conduct Authority has published the first of what will be a series of regulations to manage crypto assets and their providers.

Recent ESG-Related Developments in the Maritime Sector

New regulations affecting South Africa’s maritime sector seek to raise standards relating to the environment, health and safety and governance.

Webber Wentzel wins Legal Adviser – Emerging Markets title at the 2022 IJGlobal ESG Awards

Webber Wentzel has been awarded the Legal Adviser - Emerging Markets title at the 2022 IJGlobal ESG Awards which took place on 19 October 2022 in London.

National Treasury and SARS refine “two pot” retirement proposals in response to feedback

After wide consultation, National Treasury and SARS have made some changes and clarifications to the original proposals on introducing a “two pot” retirement system.

Webber Wentzel won the African Legal Awards - Litigation and Dispute Resolution Team of the Year

Webber Wentzel represented a financial sector client in resolving an international commercial dispute concerning investments in two high-impact development projects in the "Global South", worth hundreds of millions of US Dollars.

Radio DJ: 15 years later and still not an employee

A recent Labour Court judgment applied the dominant impression test to establish whether a radio DJ was an employee of the SABC or an independent contractor.

Employers' role in eradicating Gender-Based Violence: Legally required or simply virtuous?

The National Council on Gender Based Violence and Femicide draft Bill, published on 30 September 2022 prompts employers to reflect on their role in dealing with gender-based violence.

Insurance Informer: Vicarious liability – broad job descriptions

The recent judgment of LM and Others v The Mnquma Local Municipality is an example of how a broad job description may expose an employer to vicarious liability.

Seminar Invitation | The Mining Round Up

Please join us for our upcoming seminar where experts from our Mining Sector Group will present their key insights on the following issues impacting the sector.

African Union Climate Change and Resilient Development Strategy and Action Plan

The AU CC Strategy was developed as a 10-year strategic planning document aimed at addressing the impacts and encumbrances of climate change which hamper Africa’s integration and development and as part of a proactive, collective effort to realise Agenda 2063.

Growing need for policy consistency in South African merger control

Foreign investors may be hesitant to transact in South Africa in light of growing uncertainty in the Competition Commission's (CC's) approach to approving commercial transactions.

Debt bondage in an ESG era: Are garnishee orders indicators of forced labour?

Employers applying emolument attachment orders to employees’ salaries should be wary of this being perceived as a form of debt bondage. If so, it could fall foul of European Commission proposals on forced labour.

GBV: Bill establishing the National Council on GBV and Femicide to be introduced to parliament

On 30 September 2022, the Minister of Women, Youth and Persons with Disabilities published the National Council on Gender-Based Violence and Femicide Bill (Bill).

Webber Wentzel won the African Legal Awards – Private Equity Team of the Year

Webber Wentzel won Private Equity Team of the Year for advising Consol Holdings Proprietary Limited ("Consol") the leading producer of glass packaging in Africa.

Insurance informer: Prescription – specialised knowledge of damage

In a recent judgment (Zurich Insurance Company South Africa Ltd v Gauteng Provincial Government ),

Financial Services Regulation - Monthly Update: September 2022

Keep up to date on key Financial Services Regulation developments in South Africa during September 2022.

Webber Wentzel is now ISO27001 compliant

Webber Wentzel has taken a proactive approach towards information security and confidentiality to safeguard client data.

Bird's eye view of the JSE's recent proposals to reform its listings framework

In a consultation paper (Consultation Paper) published in May 2022, the JSE Limited (JSE) asked for public comment on a number of works-in-progress and proposals to reform its listings framework, in light of international developments and recent JSE initiatives.

An in-depth look at the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill, 2022

The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill, 2022 was tabled in Parliament on 29 August 2022.

Omnibus Bill: Proposed Amendments to the Trust Property Control Act, 1988

The Omnibus Bill introduces a new section, dealing with beneficial ownership, into the Trust Property Control Act, 1988 (TPCA).

Omnibus Bill: Proposed Amendments to the Companies Act, 2008

The Omnibus Bill proposes amendments to the Companies Act, 2008 (Companies Act), primarily related to disclosure of information concerning beneficial ownership.

Omnibus Bill: Proposed Amendments to the Financial Intelligence Centre Act, 2001

The Omnibus Bill amends several definitions in the Financial Intelligence Centre Act, 2001 (FICA) and introduces other definitions.

Omnibus Bill: Proposed Amendments to the Financial Sector Regulation Act, 2017

The Omnibus Bill amends the Financial Sector Regulation Act, 2017 (FSR Act). The Omnibus Bill introduces the concept of beneficial owners into the FSR Act by introducing a new Chapter 11A into the FSR Act.

Omnibus Bill: Proposed Amendments to the Nonprofit Organisations Act, 1997

The Omnibus Bill proposes amendments to the Nonprofit Organisations Act, 1997 (NOA), primarily related to registration of nonprofit organisations and disclosure of information relating to their office-bearers, control structure, governance, management, administration, and operations.

The Employment Services Amendment Bill gives a glimpse into the future of digital labour platforms

The Employment Services Amendment Bill introduces certain employment obligations for digital labour platforms and this may mark the beginning of more extensive regulation of these platforms.

Consultations: an Environmental Authorisation may no longer be required for the development and expansion of Solar Photovoltaic installations and associated activities

Recent consultative amendments on the intention to exclude the development and expansion of solar photovoltaic installations and associated activities from the requirement to obtain an environmental authorisation are finally underway.

Impending Regulation of Crypto Assets and Crypto Asset Service Providers

The unprecedented interest, investment, and participation in crypto assets, as well as the risks that have been identified with the use thereof, has spurred regulators across the world into establishing an appropriate regulatory framework for crypto assets.

Draft White Paper Conservation and Sustainable use of South Africa's Biodiversity

“The White Paper is a broad policy document. Once it is signed into law, government will use it to amend existing legislation and/or introduce new legislation.”

New guidelines aim to capture more notifiable mergers

On 23 September 2022, the Competition Commission published final Guidelines on Small Merger Notification which significantly expand the scope of potentially notifiable mergers.

Webber Wentzel won the African Legal Awards M&A Team of the Year

Webber Wentzel won the African Legal Awards M&A Team of the Year for advising on the joint venture between Sanlam Limited, its subsidiaries, and Allianz BV, a subsidiary of Allianz SE.

Wholesale, Retail & Hospitality sector employers: Reminder of Blitz compliance inspections this week

The Gauteng Inspectorate and Enforcement Services will be conducting a mega blitz this week to check if employers in the wholesale, retail and hospitality sectors are complying with legislation

International Arbitration: In conversation with some of our experts

A few insights from four of our young partners who are specialists in international arbitration.

Courts' approach builds South Africa as a seat for International Arbitrations

South African courts have shown great reluctance to interfere in arbitral proceedings. This approach positions SA well as a neutral arbitral seat and an attractive seat for international arbitrations.

International Arbitration on the African continent

Two international arbitration experts from Africa provide insights into international arbitration in both South Africa and Mauritius. Priyesh Daya is a partner and dispute resolution specialist at Webber Wentzel (South Africa based law firm) and Mushtaq Namdarkhan is a partner and dispute resolution specialist at BLC Robert & Associates (Mauritian based law firm).

Webber Wentzel wins prestigious tax awards

Webber Wentzel's tax team has been awarded the South Africa Tax Firm of the Year title at the International Tax Review (ITR) EMEA Tax Awards that were held on 15 September 2022. Amongst the contenders for this title, were Baker McKenzie, Deloitte, ENSAfrica and Werksmans Attorneys.

Webber Wentzel won the African Legal Awards - Environment, Energy & Natural Resources Team of the Year

Webber Wentzel won Environment, Energy & Natural Resources Team of the Year at the African Legal Awards for advising on the establishment of the ARCH ARPF Feeder Partnership.

Invitation | AfCFTA: The Game Changer for Africa

Invest Africa in partnership with Webber Wentzel is delighted to invite you to attend our panel session discussing the AfCFTA.

Welcome back Gabi

Gabi Richards-Smith has re-joined Webber Wentzel as a partner in the Financial Regulatory Practice.

Seminar Invitation | Webber Wentzel Employment & Employee Benefits

Please join us for our upcoming seminar where the experts from our Employment and Employee Benefits Group will present their insights linking key ESG trends to the current employment landscape.

How will amendments to FICA schedules 1, 2 and 3 apply to credit providers

Amendments to schedules 1,2 and 3 of FICA will see the inclusion of credit providers as accountable institutions.

Ten things you ought to know about SA’s planned two-pot system for retirement savings

Draft amendments have been published to introduce the proposed two-pot system for retirement savings. Here is a summary of the main features.

Home Affairs introduces temporary measures to manage pending visa and waiver applications

The Department of Home Affairs (DHA) has introduced further temporary measures in respect of a backlog towards processing outcomes on visa and waiver applications.

Regulators take steps to encourage ESG in the financial services industry

The FSCA is taking a number of steps, beyond introducing amendments to Regulation 28, to encourage pension funds to invest in green and other ESG investments.

Webber Wentzel won the African Legal Awards - ESG Initiative of the Year for advising on the TERRAGRN | South African Agrofo

Webber Wentzel has partnered with TERRAGRN which has a goal of creating sustainable, biodiversity-compliant forests in various African countries to deliver net-zero emissions; socio-economic development through job creation; and create more women entrepreneurs.

ESG disclosure framework in the pipeline for South African financial services companies

The South African Reserve Bank will shortly issue a draft sketching an ESG disclosure framework for the financial services organisations that it supervises.

Amendments proposed to the 100MW licensing exemption and registration requirements in the Electricity Regulation Act, 2006

Proposed amendments to the Electricity Regulation Act will amend the licensing exemption and registration requirements for generating, trading, transmitting, and distributing electricity.

Do androids recognise electric sheep? * South Africa's recognition of blockchain arbitration agreements

The enforceability of (foreign) blockchain arbitrations under South Africa's international arbitration regime might be difficult but there are possible solutions.

Welcome Calvin Nchabeleng to the Projects team

Webber Wentzel welcomes Calvin Nchabeleng, as a partner in the Projects Practice. His appointment follows the recent appointment of Hielien Venter also as a partner to the projects team a few months ago.

High Court finds that plaintiff's challenge is really a challenge to the resolution approving a scheme of arrangement, which should have been brought statutorily

The High Court recently ruled that regardless of how a challenge is framed, if it entails a direct or indirect attack on a resolution approving a scheme of arrangement, it can only be brought under section 115 of the Companies Act. Extra-statutory relief is barred.

Whistleblowing in Africa

The Webber Wentzel Dispute Resolution Team is proud to present this whistleblowing cross-jurisdictional guide. It focuses on 9 key questions across 8 African jurisdictions.

Banking on climate change: the rise of climate finance related disputes

Following ESG trends, South Africa’s banking sector is gearing up to provide sustainable financing. This shift into a new era of clean energy will give rise to complex ESG related disputes, and stakeholders should consider including an arbitration clause in underlying contracts to mitigate their risks.

Some relief for Zimbabweans and another internal change

Zimbabwean Exemption Permits (ZEP) have been extended for another six months and additional internal changes have been made to South Africa's visa processing system.

Financial Services Regulation - Monthly Update: August 2022

Keep up to date on the most important Financial Services Regulation developments in South Africa during August 2022.

Webber Wentzel biggest winner at the African Legal Awards

Webber Wentzel has been named African Law Firm of the Year (Mid-Large Sized Practice) at the 2022 African Legal Awards on Friday, 2 September 2022.

Seminar Invitation | Webber Wentzel's Financial Services Round Up | Cape Town edition

Please join us in Cape Town for our upcoming seminar where the experts from our Financial Services Sector Group will present their key insights.

M&A Master Series: ESG and Governance: Disclosure reporting and beyond

We are curating a M&A Master Series for those involved and interested in the mergers and acquisitions landscape on the African continent. In this series, our legal and industry experts will discuss important M&A issues for both public and private entities.

Update: Cabinet approves the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill Tabled before Parliament

The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill, 2022, which will make the necessary changes to avoid South Africa being “greylisted”, has been tabled.

Significant changes to transformation in the workplace set for 1 September 2023

The Employment Equity Amendment Bill which proposes wide-reaching changes to the regulation of transformation in the workplace will be signed into law imminently according to the Department of Employment and Labour's Acting Deputy Director-General of Labour Policy and Industrial Relations, with 1 September 2023 as the effective date.

Common purpose in strike-related misconduct: when seeing evil isn't enough

A recent Constitutional Court judgment refines the application of the doctrine of common purpose in matters of strike-related misconduct. Establishing proximity is not sufficient grounds to dismiss large groups of employees.

A look to the future: Litigation risks faced by the financial sector in relation to ESG statements

With increasing public and regulatory scrutiny of claims by companies about their ESG achievements, it is essential that these are accurate, well-founded and backed up with data.

An intersectional approach to unfair discrimination based on pregnancy

During Women’s Month, it is apt to consider issues that women continue to face in the workplace. One of those is discrimination by employers on the grounds of pregnancy.

South Africa’s Green Finance Taxonomy Project

Following a two-year consultation and development process, South Africa’s first national Green Finance Taxonomy was launched on 1 April 2022 by the Taxonomy Working Group as part of South Africa’s Sustainable Finance Initiative.

ESG: Reporting & Disclosure in a new era for Companies

Few businesses in the world can be ignorant of the shift in business norms to a much more conscious world, where stakeholders are increasingly interested in the non-financial parameters that affect a business’s operations.

Treasury proposes changes to its anti-money laundering and terrorist financing regime to fight potential greylisting

On 18 August, the Minister of Finance published an explanatory note on the General Laws (Anti-Money Laundering and Combatting Terrorism Financing) Amendment Bill (the Bill), which National Treasury plans to table before the National Assembly in the third quarter of 2022.

Airline industry: New Bill has important tax consequences

The National Treasury has published the Taxation Law Amendment Bill. This bill, effective from 1 January 2023 will have important tax consequences for stakeholders in the airline industry.

ESG: Achieving net zero and the role of carbon tax

A reduction in carbon emissions is integral to South Africa's global commitment to achieve net zero. The South African government strategically introduced carbon tax to combat global warming by encouraging a low carbon economy.

Flexible pricing in renewable energy projects: how to strike a balance

Volatile input costs pose a threat to the viability of developers of renewable energy projects, which may require offtakers to be more flexible in contract negotiations.

B-BBEE Commission releases 2021 national status and trends report

The B-BBEE Commission’s latest report on empowerment trends shows a decrease in overall black ownership, as well as in black women ownership.

Are International Financial Institutions immune from insolvency proceedings?

Insolvency law (or bankruptcy law as it is referred to in other jurisdictions) is quite clear on how to deal with a domestic entity facing financial difficulty. But what insolvency regime regulates international institutions?

Legal considerations relating to electronic meetings

As more companies convene virtual shareholders’ meetings post-pandemic, they need to follow certain procedures to avoid falling foul of the Companies Act.

ESG matters need a co-ordinated and practical approach

The growing importance of Environmental, Social and Governance (ESG) matters to stakeholders necessitates a co-ordinated approach to managing and reporting these issues to the board, which could justify appointing a dedicated ESG Manager.

New Critical Skills List provides relief for foreign professionals in the healthcare sector

The revised Critical Skills List extends the opportunity to obtain critical skills visas and permanent residence permits to various professionals in the healthcare sector effective from 2 August 2022

SCA decision on Advertising Regulatory Board's powers a victory for brand owners and consumers

A recent ruling of the SCA has upheld the Advertising Regulatory Board (ARB)’s power to make rulings on advertisements of non-members for the benefit of ARB members.

Consumers enforce their rights against online retailers

A sharp increase in consumer complaints about online shopping in 2020-21 reflects many retailers’ inability to cope with the surge in demand during the Covid-19 pandemic.

Welcome back Meluleki

Meluleki Nzimande has re-joined Webber Wentzel as a partner in the Competition, Trade and Investment (CTI) Practice. Meluleki was previously at the firm, where he practised for almost sixteen years, nine of which he spent as a partner.

Resolving customs and excise disputes with SARS - ancillary dispute resolution mechanisms [part 3 of 4 part series]

There are various mechanisms to resolve disputes with SARS' Customs and Excise divisions. In this article, we consider the uses and value of certain ancillary mechanisms.

The mining of crypto assets has complex income tax and VAT implications

Crypto assets can be earned as rewards from proof of work or proof of stake mining, and the tax payable will be different from each activity.

A minefield of taxes lies ahead for crypto asset transactions

A gain on the disposal of crypto assets may be taxed as either revenue or capital, in line with the same income tax rules that apply to the disposal of shares or unit trusts.

SARS outlines plans to require new third-party data submission from trusts and section 18A institutions

In line with its Vision 2024 to streamline tax collection, SARS will implement new systems for reporting trust distributions and donations to approved institutions.

Financial Services Regulation - Monthly Update: July 2022

Keep up to date on key Financial Services Regulation developments in South Africa during July 2022.

Gender equality today for a sustainable tomorrow

South Africa commemorates Women's Month in August as a tribute to the women who marched to the Union Buildings in 1956 in protest against the extension of pass laws. Women's Month celebrates the strength and resilience of women and their contribution to society and country.

Final draft of the Replacement NEMA Financial Provisioning Regulations published

The fourth draft of the replacement FP regulations is out, presenting the final opportunity to comment on the replacement regulations to be published ahead of the September 2023 deadline for compliance.

South African energy crisis: the practical implications of the government's proposed interventions

On 25 July 2022, President Cyril Ramaphosa announced the Government's intention to implement various "bold, courageous and decisive action[s] to close the electricity gap" in South Africa and bring an end to loadshedding.

Linking the "S" in ESG to Employment Tax Incentives

While companies need to focus on their environmental and governance principles to meet their ESG requirements, they should not ignore the integral role of non-financial factors, which make up the "S" in ESG.

Are you a drone spy? - Legal implications of the private operation of drones and the right to privacy

Certain legal restrictions apply to drones, which are increasingly being deployed by hobbyists and commercial operators, and the penalties for infringing privacy are severe.

Key considerations for companies when removing a director from office

Removing a director from office in an unfair or unlawful manner exposes companies to liability under the Labour Relations Act as well as the Companies Act. This article raises some key considerations for companies looking to achieve the smooth departure of a director.

Community Engagement: The Recipe for Success

A recent judgment of the High Court may give mining companies some guidance on best practice during their necessary consultations with interested and affected parties.

Retirement funds and salaries are not a refuge from the taxman

SARS has the powers to appoint third parties to collect outstanding tax debts from a taxpayer’s retirement or salary payments.

A new approach to the regulation of residue stockpiles and deposits is on the cards

Climate change has put a spotlight on various sectors to ensure that they comply with specific regulations governing pollution control. The mining sector, in particular, is currently facing environmental legal over-regulation which has created a negative atmosphere with regards to residue stockpiles and deposits regulations.

The South African Reserve Bank confirms that it is looking at crypto regulation

The SARB has confirmed it is preparing various regulations for the crypto asset sector, taking a phased approach over the next 12 to 18 months.

The Department of Employment and Labour adopts a Call to Action programme to eliminate child labour in the agricultural sector

Child labour in the agricultural sector threatens ESG compliance and exposes employers to possible fines or imprisonment in terms of the Basic Conditions of Employment Act as well as the Child Care Act.

The green, the bad and the ugly: the risks of Greenwashing

Greenwashing is the act of misleading the public about an organisation's environmental or sustainability practices or deceiving the public about how eco- (and ESG-) friendly a product or practice is

Redressing Mine Closure Liability through the ESG lens: Emerging ESG Risks

Mining companies are under increased pressure from regulators, investors and communities to manage social and environmental risks arising from mine closure and rehabilitation.

Preparing for an investigation into your transfer pricing practices

In this series of articles, we will guide you through the process of dealing with a transfer pricing audit from SARS, what to expect and how to respond to ensure the best outcome.

Listen to the customer but stay within the law

Retailers using popular metrics to measure customer satisfaction must be aware of the need to comply with the provisions of POPIA.

Importer's obligation to disclose transfer pricing year-end adjustments under the Customs and Excise Act

SARS' Customs Branch and National Targeting Unit have been focusing more extensively on the impact that transfer pricing year-end adjustments have on the value of imported goods. Advance notice of potential adjustments is required in terms of the Customs and Excise Act to avoid penalties.

Financial Services Regulation – Monthly Update: June 2022

Keep up to date on the most important Financial Services Regulation developments in South Africa during June 2022.

Retailers using AI should be aware of personal privacy and cybercrimes issues

Artificial intelligence (AI) is being deployed to help shoppers make better choices, but retailers must be aware of their obligations under personal privacy and cybercrimes laws

NEMLAA IV will introduce changes to NEMA Appeals: some positive, some negative

The recent enactment of the National Environmental Management Amendment Act IV (NEMLAA IV) will introduce significant changes to the environmental laws, including the NEMA appeal provisions.

New visa system taking flight: A turbulent period for foreign employees as visa application backlogs increase

South Africa's immigration system sees a complete overhaul on the horizon starting with long term visa applications for foreign nationals wishing to stay for over three months in South Africa.

NEMLAA IV extends environmental enforcement powers at municipal level

NEMLAA IV is finally law and once this Act is promulgated, municipal managers will have a say in the enforcement of the all- important environmental duty of care provision of NEMA.

Stateless in country of birth: the seven-year pro bono legal journey to vindicate the right to statehood

The 1954 United Nations Convention relating to the status of stateless persons defines statelessness as ‘a person who is not considered as a national by any State under the operation of its law.’ One of the ways in which a person may become stateless is when their birth has not been documented in any country.

B-BBEE Commission's findings are not beyond legal scrutiny – so says the High Court

The High Court recently ruled that findings by the B-BBEE Commission against Sasol Oil were capricious and irrational in several respects and its recommendations constituted an abuse of power.

Le Tour de IP

The annual Tour de France was founded as a way to promote a brand and it is associated with numerous registered brands, providing a reminder of the importance of protecting IP.

FSCA's Regulation Plan for 1 April 2022 to 31 March 2025

The FSCA has published its Regulatory Plan for the next three years (from 2022 to 2025) to support transparency and help the industry to prepare for legislative changes.

NEMLA IV will tighten rectification processes

The proposed amendments to the rectification application process are intended to tighten the risk associated with these applications and deter abuse.

Invalid or unfair? Formulating dismissal claims to bypass the CCMA is not a shortcut to the Labour Court

The Labour Court has confirmed in a recent judgment that terminating a contract of employment can be invalid, but it does not always follow that employees are entitled to jump the queue at the Labour Couert for redress, and certainly not in circumstances in which the true dispute relates to an unfair dismissal claim governed by the Labour Relations Act.

Supreme Court of Appeal provides clarity on FICA

A recent Supreme Court ruling has clarified the duties of an accountable institution under the Financial Intelligence Centre Act (FICA) in a case of a bank customer wishing to close its account.

Directors Cross Border Guide 2022

Webber Wentzel has contributed to Linklaters' cross-border guide for company directors, which provides an overview of the role and legal responsibilities of directors in 25 jurisdictions, including the powers, duties and liabilities of directors.

The NEMLA Act sets the scene for major changes to financial provisioning laws

The recently published NEMLA Act sets out the general principles, as well as mining-specific principles, on making financial provision for rehabilitation and closure of operations – which will soon come into force.

Big ESG recognition for Webber Wentzel

Webber Wentzel has in the same week been awarded the Environmental Finance - ESG research of the year, Africa 2022 award and also shortlisted by African Legal Awards for ESG Initiative of the Year (an award the firm won last year as well).

Key employer considerations in the Mine Health and Safety Act Amendment Bill

Proposed amendments to the Mine Health and Safety Act place greater obligations on employers, which is to be welcomed in some respects but other amendments are problematic and may be open to legal challenge.

Farmgate potential tax dilemma: Is the President in trouble with SARS and will the public be allowed to see for themselves?

The nation came to a standstill after allegations emerged that the President may have concealed a robbery at his Phala Phala farm in Limpopo. It is alleged that US$4 million dollars (approximately ZAR62 million) was stolen from the farm, but the theft was never reported to the police.

The NEMLA Act - the long-awaited shift in South Africa's environmental legislative landscape is imminent

The NEMLA Bill finally became an Act on 24 June 2022 and will introduce a major shift in South Africa’s environmental legislation on a date to be fixed and proclaimed by the President.

Legal Issues in the Metaverse - Part 2: Commercial Opportunities

In this Part 2 of our Legal Issues in the Metaverse Series, we focus on the legal considerations for businesses that intend to commercialise opportunities in the Metaverse.

Covid-19 Regulations eased: Masks, gatherings and border crossings see major change in regulation

In the later hours of 22 June 2022, the Minister of Health repealed major Covid-19 measures in place as the country sees the virus becoming more endemic.

SARS streamlines auto assessments for the 2022 tax filing season

Taxpayers who are satisfied with their auto assessments need not take any further action, under the new procedures introduced by SARS for the 2022 tax filing season.

FSCA's Request for Information on paid-up members of retirement funds

Retirement funds and administrators have until 30 September 2021 to provide information about paid-up members in the required format to the Financial Sector Conduct Authority.

National Treasury sheds light on its thinking around retirement reform

In a recent conference, National Treasury Acting DG Ismail Momoniat explained National Treasury’s views on the two-pot retirement system, governance of umbrella funds and changes to Reg 28.

Who can exercise minority rights in fundamental transactions and is it necessary to hold separate scheme meetings?

A decision of the High Court (Western Cape Division, Cape Town) deals with the questions of who can exercise minority rights in fundamental transactions and in what circumstances separate scheme meetings should be convened.

Unfairly excluding South Africans from employment opportunities in favour of foreign nationals may be regarded as discrimination

The employment of foreign nationals must not adversely impact the rights of unskilled South Africans and excluding South Africans from employment opportunities may constitute unfair discrimination.

Seminar Invitation | Webber Wentzel's Financial Services Round Up

Please join us for our upcoming seminar where the experts from our Financial Services Sector Group will present their key insights of the issues impacting the sector

New railway regulations heighten safety and security obligations

New railway safety regulations have been published which set out the safety measures that must be followed by those engaged in activities on South Africa’s railways and the requirements for reporting incidents.

Mining operators may face significant changes arising from Draft Mine Health and Safety Amendment Bill

On 15 June 2022, the Minister of Mineral Resources and Energy published the Draft Mine Health and Safety Amendment Bill together with an invitation to interested and affected parties to comment on the anticipated changes.

Supreme Court of Appeal upholds minority shareholder rights in share repurchase

A recent decision of the Supreme Court of Appeal upholds the rights of dissenting minority shareholders in situations where a company intends to repurchase more than 5% of its issued shares of any particular class.

Capital Raising and Deployment | Insights Series

To mark the culmination of the most recent topic of focus between Africa Legal and Webber Wentzel, we are proud to present a downloadable compilation of content focused on capital raising and deployment.

Timing is everything in the Labour Court: Dismissing a claim due to inordinate delay

In a recent ruling, the Labour Court has clarified the circumstances under which an application may be made to dismiss a case because of inordinate delay by the referring litigant

Webber Wentzel appoints Nametsegang Maruping as new HR director

Webber Wentzel is pleased to announce it has appointed Nametsegang Maruping, a strategic and seasoned human resources executive with multi-industry global experience, as its new Human Resources Director.

Is it time for businesses to take Business Rescue seriously?

If boards of directors put financially-distressed companies into business rescue earlier, more options would be available, and more companies could be saved.

SARS publishes income tax return filing dates for the 2022 year of assessment

SARS has announced the deadline dates for filing income tax returns for the 2022 year of assessment as well as the details of those exempt from filing returns.

Commercial Mediation – A global Review

Webber Wentzel has recently contributed the South African chapter of the 5th edition of Linklaters Global Mediation Review 2022.

You better mean it when you say "I'm out"

A recent Labour Court judgment has reinforced the unilateral nature of an employee’s resignation and clarified the legal authority of an administrator to hire employees.

Cancellation of Contracts | Tax Chronicles

Parties wishing to cancel a contract should try to do so within the same year of assessment as it was entered into, to avoid adverse cash-flow consequences.

Greater ESG compliance will help to address cost and reputational problems in building contracts

ESG compliance is essential to address some of the environmental, social and governance problems that have beset the South African construction industry in recent years.

New Harassment Code will require employers to overhaul existing policies

A new Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace has become effective. The new code will require a total overhaul of sexual harassment and harassment policies that employers currently have in place as well as how these policies are implemented

Webber Wentzel is attending the 2022 SAVCA Private Equity Annual Conference

We have missed connecting with you and we look forward to seeing you in person at the SAVCA Private Equity Conference.

Pro Bono Annual Report - FY 21/22

As a firm, we are committed to serving our community and upholding our duties as members of the legal profession. We believe that the best way for us to have a transformative and sustainable impact on our society is to leverage our deep legal expertise.

Further Update: NEMA Financial Provisioning Regulations, 2015 – More than an extra year added to comply

The Minister of Forestry, Fisheries and the Environment has amended the transitional arrangements in the National Environmental Management Act (NEMA) Financial Provisioning Regulations, 2015 (FP Regs), for the fourth time.

Third party cell captive conduct standard tabled in Parliament

The long-awaited conduct standard, "Requirements relating to third party cell captive insurance business" (2022 Conduct Standard), together with the Statement of Need and Intended Operation as well as the Consultation Report, was tabled in the National Assembly and National Council of Provinces recently.

CSI Annual Report - FY21/22

In 2021, our CSI Programme supported greater access to justice by making monetary donations to initiatives such as free online laws accessible to all, a free helpline that assists with queries about social grants, the employment of a full-time attorney to provide labour law advice for free, and projects that provide free psycho-social and legal support to victims of gender-based violence.

Cutting red tape – amendments to the Listings Requirements effective from 1 June 2022

Amendments to the JSE Listings Requirements to cut red tape and achieve effective, fit-for-purpose regulations for financial markets have been approved.

Heavy hitter in the fintech space rejoins Webber Wentzel

Christoff Pienaar has returned to Webber Wentzel as a partner in the Technology Media Telecommunications and Intellectual Property Practice.

“Intentional” investing highlighted at recent AVCA conference

The AVCA conference in Senegal highlighted a number of themes, such as the effects of Covid, intentional investing and inclusivity.

President Ramaphosa raises many salient points, now let’s see a detailed action plan

In his address to Mining Indaba, President Cyril Ramaphosa put his finger on many key issues to regenerate the SA mining industry, but the speech could have had more timelines and action plans to drive investors.

Legal Issues in the Metaverse - Part 1: The Consumer

We have compiled a series, "Legal issues in the Metaverse", in which we will unpack some of the legal considerations surrounding the Metaverse. In this edition, we are focusing on the Metaverse user (consumer).

Financial Services Regulation Monthly: Update April 2022

Keep up to date on the most important Financial Services Regulation developments in South Africa during April 2022

Webber Wentzel: SA Mining Minister’s opening address to Mining Indaba was disappointingly vague

Minister Gwede Mantashe’s speech at this year’s Mining Indaba omitted to address various pertinent issues on which investors have been seeking clarity and certainty.

To rezone or not to rezone? Mines should be asking this question

Whether land has to be rezoned for mining purposes or not is an important issue for mines, both existing operations and new ones, to consider, as it depends on a large number of factors

Unclaimed retirement benefits in the mining industry

Union Funds in the mining industry are holding particularly large sums in unclaimed benefits, for several reasons, including poor record-keeping.

Honourable Mr President and Minister of Mineral Resources and Energy – here are 20 ways to kickstart investment in South African mining

Webber Wentzel’s team of mining experts recommends that President Cyril Ramaphosa and Mineral Resources and Energy Minister Gwede Mantashe, in their upcoming addresses at the Mining Indaba, announce concrete steps on the following top priorities.

Chambers and Partners: Corporate M&A 2022 Trends and Developments

In this guide, the Webber Wentzel team of experts focus primarily on how M&A activity intensified in South Africa in 2021, as well as key trends seen in 2021, which are expected to persist into 2022.

Electronic dispute process now available to employers objecting to SARS administrative penalties on late or non-submission of EMP501 declarations

SARS has enabled its current dispute process on eFiling to employers requesting a remission, or objecting and appealing against administrative penalties on late or non-submission of EMP501 Employer Reconciliation Declarations

Government sharpens its tools for mine water management

The long-awaited National Environmental Management Amendment Bill (NEMLAA4), which has been approved by Parliament, will help to address the potential impacts of mining on South Africa’s scarce water resources.

Greater certainty on environmental legislation will encourage mining investment

Once the President signs NEMLAA4, it will introduce greater certainty on environmental requirements, helping to improve SA’s attractiveness for mining investment.

Supply chain risks need to be built into construction contracts

Current logistical bottlenecks present high risks for contractors in completing capital projects, for miners and other industries, and they need to protect themselves against penalties.

Performance and payment security in the mining industry: an alternative approach

There are various options open to mining companies seeking protection against non-performance by a contractor, and contractors seeking protection against non-payment by a client.

Insurance Informer: Contempt of Court against directors

In a recent case, the SCA re-stated the circumstances under which directors of an entity may be held in contempt of court for actions taken by the entity.

Focus on Francophone Investment Trends

In recent years, investors have begun to show keen interest in Francophone Africa. In this vidcast, representatives of Webber Wentzel and their alliance partner Linklaters Paris talk about the latest trends and developments.

New Artisanal and Small-Scale Mining (ASM) and Mine Community Resettlement Guidelines: progress, but grey areas remain

The Department of Mineral Resources and Energy has published two key policy documents dealing with artisanal and small-scale mining and resettlement as a result of mining.

POPIA thoughts and perspectives … 10 months in

Recent developments relevant to data protection issues offer some guidance for businesses, including in the event of data breaches and M&A transactions.

Hybrid Event: How can Africa leverage its competitive advantage in Green Hydrogen?

Voting against the adoption of a Business Rescue Plan - is your vote inappropriate?

Creditors who vote against the adoption of a business rescue plan out of self-interest, without considering the rights of other affected parties, may risk having their votes deemed inappropriate by a court.

Can an external company be wound up in South Africa? an update

A relevant ruling in the Steinhoff case gives welcome clarity on the status of insolvent external companies in South Africa

Immigration Law Update

A number of changes are being proposed to South Africa’s immigration regime, including a new critical skills list and a new draft policy with an emphasis on co-ordination across different ministries

Webber Wentzel celebrated in The Legal 500 2022 directory

Webber Wentzel has maintained its top spot in The Legal 500 Europe, Middle East & Africa 2022 directory, as the most highly ranked law firm in South Africa with 92 individuals recognised in their area of expertise.

"[Oh] Why" does your melody sound so similar to mine? A South African perspective on the Shape of You judgement

In judging copyright infringement matters similar to that of Ed Sheeran’s “Shape of You”, South Africa’s courts are likely to reach a similar conclusion to the UK High Court, based on the Copyright Act and case law.

The impact of Public Interest on M&A Transactions in 2022

Over the past few years, the scope of public interest considerations in mergers has expanded more in South Africa than in any other jurisdiction globally.

Four leading Webber Wentzel female partners recognised by IFLR1000

We are pleased that four of our Webber Wentzel female partners, have been recognised as IFLR1000 Women Leaders of 2022.

National Treasury launches the Green Finance Taxonomy Paper

National Treasury has launched South Africa’s first Green Finance Taxonomy, which will help investors and financial institutions make more informed decisions on “green” projects.

Financial Services Regulations - Monthly Update: March 2022

Keep up to date on the most important Financial Services Regulation developments in South Africa during March 2022.

Competition Commission increases focus on digital economy

In 2020, the South African Competition Commission made clear its intention to increase its focus on the digital economy in South Africa. In its paper Competition in the Digital Economy, the Commission appeared to effectively provide a blueprint for its approach to tackling competition issues in this sector.

20 New Partners at Webber Wentzel

Webber Wentzel has announced its 20 new partners across 8 practice areas.

Business Rescue: what about the shareholders?

Can shareholders block a business rescue practitioner’s plan to issue shares in the company as part of the business rescue plan, thereby diluting the shareholding of any class of shareholders?

ESG in the Mining Industry: What’s Missing?

A recent analysis of ESG reports by nine mining companies highlighted strengths and weaknesses in how they are tackling these objectives

Financial Regulatory training sessions resume

Webber Wentzel is excited to announce that the financial regulatory training sessions will resume from April 2022 with the exciting changes.

Insurance informer: Prescription and joinder applications update

The Webber Wentzel insurance team provides clients with regular updates on new developments in insurance law in South Africa. This update unpacks a recent medical malpractice case.

22 Legal Developments for businesses to monitor in 2022

We have collated a snapshot of key themes to track in 2022 and of 22 legal developments for the year which you will need to keep a tab on. In 2022, various legal developments are expected to have an impact on businesses, particularly in the fields of liability, ESG, digital and economic transformation.

Electricity Market Progress: Key aspects of the Electricity Regulation Act Amendment Bill 2022

The second Amendment Bill to the Electricity Regulation Act, which is open for comment, opens the way to a liberalized and competitive electricity supply market in South Africa but raises concerns about, inter alia, the extent of power given to the Minister and NERSA and lack of definition of the competitive multi-market.

Promotions to Senior Associate

To develop and retain its best people, Webber Wentzel has promoted 25 new senior associates across 6 practice areas, with effect from 1 March 2022.

South Africa's Procurement Regulatory Regime finds itself in muddy waters

Regulatory uncertainty abounds in the procurement space after the recent Constitutional Court judgment upholding the Supreme Court of Appeal's decision to invalidate the 2017 Preferential Procurement Regulations.

SARS Vision 2024: greater efficiency in collections, but questions remain

SARS plans to implement Vision 2024 with the objective of collecting taxes from individuals on a real-time monthly basis, but a number of practical issues need to be addressed.

Managing Covid-19 after the National State of Disaster

A new Code of Practice has been issued to guide employers on measures that need to be taken in the workplace to contain Covid-19 infections, once the National State of Disaster ends.

EU Proposed Directive for Corporate Sustainability Due Diligence: unpacking the impact for South African businesses

The European Union (EU) published a proposed Directive on Corporate Sustainability Due Diligence ahead of sustainability becoming a legislated feature in the global economy. This EU proposal may affect South African businesses.

You're not entering at own risk: Covid-19 admission policies – the Labour Court weighs in

A recent Labour Court judgment has upheld an employer’s right to require employees to have a Covid-19 vaccination or provide a weekly negative test if they decline to be vaccinated, but it leaves several important questions unanswered.

Unlawful Protest Action: Know thine enemy (The Mine and Community Conundrum)

A recent Constitutional Court judgment on protest actions results in continuing exposure for the targets of protests when they cannot identify the protestors involved.

Access: Insights Series

To mark the culmination of the most recent topic of focus between Africa Legal and Webber Wentzel, we are proud to present a downloadable compilation of content focused on ‘access’ to new markets, sectors and technology.

Strike interdicts: Identify the Oaks, the Highest Court finds

A recent decision by the Constitutional Court has important implications for employers in relation to seeking final interdictory relief in a strike marred with unlawful conduct.

The Digital Economy in 2022 - Trends and Regulatory Developments Q&A

Questions and answers from the Telecommunication, Media & Technology (TMT) webinar: The Digital Economy in 2022 - Trends and Regulatory Developments that involved Artificial Intelligence, Content moderation and platform liability, and ESG as topics of discussion.

A cross-border guide to private M&A

Webber Wentzel has contributed to Linklaters' cross-border guide to private M&A, which considers questions that commonly arise on private M&A deals and how they can be resolved in 26 jurisdictions - from Australia to Vietnam.

ESG: It's not just Business, it's Personal

A greater emphasis is being placed on the human rights obligations of businesses than before, with likely moves towards binding treaties.

Covid-19 infographic: The African picture – vaccine mandates

Two years on, we are all still managing the complexities caused by the Covid-19 pandemic. Navigating the requirements of entry for businesses operating across Africa is not an easy task and the landscape changes regularly.

Financial Services Regulation - Monthly Update: February 2022

Keep up to date on the most important Financial Services Regulation developments in South Africa during December 2021 to February 2022.

Significant shift in environmental landscape anticipated as NEMLAA4 enters home stretch

The long-awaited NEMLAA4 has been sent to the President for signature concluding a 6-year long parliamentary process. NEMLAA4 once signed will introduce higher environmental compliance standards across the board, as well as stricter penalties for environmental transgressions.

Covid-19 organisations and their donors are in SARS' cross hairs

SARS appears to be reviewing the tax deductibility of donations made after 30 September 2021 to organisations set up to provide economic forms of disaster relief for Covid-19.

Controversial Films and Publications Amendment Act becomes operational

Many commentators are concerned that the recently introduced Films and Publications Amendment Act designed to address the dangers of the online world, raises some internet censorship concerns.

Landowner consent requirement withdrawn for mining related EA applications

Welcome news for mining companies as the contentious landowner consent requirement introduced in June 2021 has now been withdrawn for mining related environmental authorisation or waste management licence applications.

Webber Wentzel expands its corporate immigration offering

Webber Wentzel assists local and international companies to successfully navigate the immigration regulatory requirements associated with the import of foreign skills and relocation of foreign nationals (together with their immediate families) to South Africa.

Webber Wentzel bolsters its Pro Bono and Projects teams

Ayanda Ngubo and Hielien Venter have both re-joined Webber Wentzel as partners.

Curbing abuse of the Employment Tax Incentive project

Amendments to the Employment Tax Incentive Act, 2013 geared towards halting the abuse of employment tax incentives came into force on 1 March 2022

Constitutional Court judgment on public sector wage increases

The Constitutional Court has found to be invalid, unlawful and unenforceable a collective agreement concluded between a Minister and various trade unions.

Good news in Budget 2022 but implementation still the key

On 25 February 2022, Webber Wentzel hosted a client webinar, "Post Budget Speech Panel Discussion | What does the 2022 South Africa budget mean for you and your company?" Panellists at the webinar were Dr Azar Jammine - Director & Chief Economist of Econometrix, Brad Webber, Samantha Pokroy, Brian Dennehy and Julian Jones. Here's some of the insights from the panel of experts.

A measured approach … Budget 2022

Webber Wentzel’s Tax Team welcomed a balanced National Budget presented by Minister of Finance Enoch Godongwana on Wednesday.

Resources and dedication are pushing AfCFTA forward

The African Continental Free Trade Agreement is making steady advances, with more than 80% of the first tariff lines having been agreed under the Rules of Origin.

Webber Wentzel wins most coveted legal accolades at the 22nd Annual DealMakers Awards

Webber Wentzel's market-leading position was re-affirmed at the DealMakers Annual Gala Awards on 23 February 2022 when they won four of the six legal DealMakers awards.

New Draft Interpretation Note on Intra-group Financial Transactions brings welcome clarity

SARS has released a new draft interpretation note that will help to clarify issues around intra-group loans, but several key issues still need to be addressed.

Future trends in green financing

Green financing is likely to evolve over the next few years, with financial institutions increasingly requiring more accurate measurements of borrowers’ achievements against targets.

Climate Change Bill introduced in Parliament

The Climate Change Bill, which will implement South Africa’s effective climate change response, has been introduced in Parliament.

National Treasury makes strides on devising new risk-free bank rate

Details of a new wholesale overnight lending rate, Zaronia, will be published this year, with the aim of providing a more reliable rate to replace Jibar.

New regulatory regime announced for treatment of organic waste

New Norms and Standards for Organic Waste Composting came into effect on 11 February 2022, introducing important measures that will help to divert this waste stream from landfills

Meet the future of law

We recently welcomed 44 new candidate attorneys to Webber Wentzel, where we hope to inspire them to have a transformative and sustainable impact through their work and actions.

New proposed guidelines for films, games and certain publications

The Film and Publication Board has published new draft guidelines for comment on the classification of films, games and some publications, with potentially far-reaching implications.

Webber Wentzel recognised in Chambers Global 2022

Earlier this year, Webber Wentzel was awarded South Africa Law Firm of the Year at the Chambers Africa Awards 2022. Yesterday, Chambers Global released its 2022 results, ranking law firm practices and lawyers according to their client service, commercial vision, business understanding, diligence and value for money.

Consumers may have the right to access open-source software in devices

A US body has launched a legal challenge to Vizio, a TV manufacturer, for failing to provide the source code for the software in its smart TV, which may have implications for other software developers.

The aged usufructuary

Valuing a usufruct for estate duty purposes may incur a greater tax liability than disposing of it while the usufructuary is alive and paying donations tax, transfer duty and CGT.

The tax burden on annuitants: spread, not lightened

The latest move by SARS to require the withholding of PAYE from annuity payments at an "Effective Tax Rate" as required in directives issued to payers of annuities may help some annuitants to plan their finances, but may disadvantage others.

To object or take SARS on review - that is the question

A recent transfer pricing case raised a number of interesting issues about procedure in the event that a taxpayer disputes SARS’s findings following an audit

EAP Registration Deadline Extended

Environmental Assessment Practitioners have been granted an extension to 8 August 2022 to register with the Environmental Assessment Practitioners Association of South Africa. Unless they register, they cannot take primary responsibility for Environmental Impact Assessments.

Competition Law Annual Review 2021 and 2022

2021 was an important year for competition law across the continent. Key focus areas of the South African competition authorities were primarily public interest and digital markets.

Webinar Invitation: Webber Wentzel's Mining Roundup

Join our upcoming webinar where our Mining Sector Group will present key insights on Mining key issues.

A cross-jurisdictional assessment of the development of climate change-related legislation across the continent

This cross-jurisdictional assessment unpacks 8 key questions across 9 African jurisdictions, namely: Botswana, Kenya, Mozambique, Namibia, Nigeria, South Africa, Tanzania, Zambia and Zimbabwe.

Key Tech and IP developments in South Africa: 2021/2022

We have prepared a high level overview of the top 10 Tech and IP developments in South Africa in 2021, and our predictions for each of these in 2022.

Webinar Invitation: Post Budget Speech Panel Discussion

Webber Wentzel invites you to a post-budget analysis on the impact on our economy and ultimately how it will affect you and your company.

Are personal rights assets for capital gains tax purposes?

Although personal rights are clearly assets for CGT purposes, they add a layer of complexity which has not been clarified in recent court decisions.

Directors face potential liability for climate change risks

Directors face potential liability if they fail to carry out their fiduciary duties to curb climate change risks and do not make complete disclosures about climate-related risks.

Webinar Invitation: The Digital Economy in 2022 - Trends and Regulatory Developments

Join us for a webinar in which our panel of experts will explore how South Africa, the EU and UK are proposing to regulate the digital economy.

Alternative Dispute Resolution: The Problematic Problem Solver

While alternative dispute resolution helps to achieve a speedier outcome for commercial disputes than a court process, it presents challenges in developing legal jurisprudence.

SARS steams ahead with reforms to its VDP process

On 31 January 2022, SARS hosted a public workshop to discuss the draft Voluntary Disclosure Programme Guide and uncertainties about the Voluntary Disclosure Programme process.

Can a business rescue practitioner cancel entire agreements?

Under Section 136(2)(b) of the Companies Act, business rescue practitioners can only cancel obligations under agreements that meet certain criteria, and not agreements in their entirety

Treasury p(l)ots for earlier access to retirement savings and better governance

National Treasury recently published two papers on retirement reforms for public comment, the first proposes a “two-pot” system to improve accessibility and preservation of retirement savings, and the second to improve governance of umbrella funds

ESG Global Legal Outlook for 2022

2022 will provide a practical demonstration of the appetite for ESG-led change that governments, major corporates and financial institutions all have, and how far this will feed into smaller businesses and everyday life.

National Treasury publishes fiscal policy proposals for the taxation of e-cigarettes

National Treasury is asking for public comment by 7 February 2022 on its proposals to impose a specific excise tax on both the non-nicotine and nicotine solutions in e-cigarettes

Conflict of interest, moonlighting and the duty of good faith

A recent judgment in the Labour Appeal Court (LAC) has re-emphasized that employees have a duty of good faith to their employers, by disclosing material activities that may result in a conflict of interest.

Eight data hygiene tips to mark International Data Privacy Day

28 January is International Data Privacy Day - a day dedicated to reminding nations, businesses and individuals of the importance of good data protection practices. However, data privacy is really a 365-day-a-year event, and everyone that processes personal information should be constantly thinking about how to improve their data protection strategies.

Cancellation of contracts revisited – tax insights on the issue

Parties wishing to cancel a contract should try to do so within the same year of assessment as it was entered into, to avoid adverse cash-flow consequences.

South Africa's Climate Change Targets

All countries will need to adopt stricter legislation to control greenhouse gas (GHG) emissions to limit global temperature rise to 1,5 degrees Celsius and reach the targeted net-zero by 2050.

Access to Banking and Insurance in Africa and the Role of Technology

Africa may be the most underbanked continent in the world, but access to financial markets is gaining momentum, thus presenting a myriad of opportunities – and risks. A team of experts share their views on this topic with Africa Legal’s Tom Pearson.

Employee dismissed for abusing sick leave to watch rugby

A recent judgement in the Labour Appeal Court (LAC) held that an employee can be fairly dismissed for dishonesty if the employee claims to be ill and then uses sick leave entitlement to attend a sports match.

Private Equity opportunities open up post-pandemic

While the Covid-19 pandemic has had a clear impact on some of the private equity firms’ fundraising timelines and targets, this was partly offset by increased development finance institutions’ (DFI) activity, which meant that the private equity sector was in general fairly resilient in 2021.

South African Law: Year to Come 2022 and Year in Review 2021

Webber Wentzel has contributed to the Linklaters' global guide series - Year to Come 2022 and Year in Review 2021. The series brings together analysis, thinking and highlights from lawyers around the world across multiple jurisdictions, in the form of topic-specific and jurisdictional guides.

Tax consequences of riot insurance payments | Tax Chronicles

Businesses that are able to claim from the South African Special Risks Insurance Association (Sasria) for damage to premises or equipment from the July 2021 unrest need to be aware of the tax implications of payouts.

Employers and employees cautioned against false termination information

In a recent judgement, the Labour Court found that misrepresentation of facts in a UI-19 form is a criminal offence under the Unemployment Insurance Act, 63 of 2001 (UIA).

Webber Wentzel recognised as leading law firm in South Africa

At the Chambers Africa Awards 2022, an event held as a digital awards ceremony on 13 January 2022, Webber Wentzel was again recognised as South Africa Law Firm of the Year. This is the second year in a row that Webber Wentzel has won this accolade.

Proposed model and legislation for an APA Programme in South Africa

SARS has published a draft model and proposed legislation to establish an advance pricing agreement programme and is inviting comments on it by the end of January.

Infrastructure Activity Gathers Momentum Across Africa

Private equity funds are responding to a new wave of energy and other infrastructure projects in Africa.

Energy Insights Report

To mark the culmination of the most recent topic of focus between Africa Legal and Webber Wentzel, we are proud to present a downloadable compilation of content relevant to this most vital of African sectors – energy.

Proposed amendments to Regulation 28 of the Pension Funds Act

The second draft of amendments to Regulation 28 of the Pension Funds Act addresses several shortcomings in the first draft that stakeholders raised

Financial Services Regulation - Monthly Update: November 2021

Keep up to date on the most important Financial Services Regulation developments in South Africa during November 2021.

Should an employee accept a voluntary severance package when business rescue proceedings are anticipated?

When business rescue is looming, it may be better for employees to wait before accepting a voluntary severance package, as they will rank higher as creditors if they accept the VSP after the business rescue plan is adopted

Proposed Changes to the Extended Producer Responsibility Regulations

Amendments to the Extended Producer Responsibility Regulations have been published for public comment, affecting the lighting, electrical and electronic equipment, and paper and packaging sectors

Update on the Copyright Amendment Bill and the Performer's Protection Amendment Bill

Some of the proposed amendments to the Copyright Amendment Bill and the Performers’ Protection Amendment Bill will shortly be advertised for public comment

South Africa's biggest retailers and brands move towards environmentally-friendly and sustainable packaging

As environmental awareness increases, both globally and locally, the amount of waste generated in South Africa is attracting more concern. Significant volumes of waste are still being diverted to landfill sites, which reflects a continued and dangerous "take-make-dispose" relationship with consumer products. In response to both consumer and legislative pressures, some of South Africa’s largest retailers and brands are now putting a greater emphasis on the recyclability of their packaging.

The Cybercrimes Act becomes partially operational

Certain provisions of the Cybercrimes Act become operational on 1 December 2021, as South Africa gets closer to protecting businesses and individuals against cyber attacks and malicious communications.

Election of AMCU President set aside by Labour Court

On 22 November 2021, the Labour Court (LC) set aside the election of Mr Joseph Mathunjwa as AMCU's President in September 2019. The LC held that the election fell outside the ambit of the AMCU Constitution and it was declared unlawful, unconstitutional and invalid.

National Credit Act: Case law update

There have been two important case law developments under the National Credit Act, 2005.

Spotlight on Zambia - New Dawn government undertakes various reforms to attract private sector investors

The Zambian government is prioritizing administrative reform and tackling the ease of doing business to stimulate investment in energy and mining

Webber Wentzel introduces Covid-19 Vaccination Policy

Webber Wentzel has always been a firm that prioritises the health, safety and wellbeing of its people. After careful consideration, and having regard to all available information, our overarching obligation to take all reasonably practicable measures to safeguard the health of our employees and our operational requirements, Webber Wentzel has implemented a Covid-19 vaccination policy which will require all partners, employees and on-site contractors to be fully vaccinated against Covid-19 by mid-January 2022.

Winding up an external company in South Africa

Is it possible for creditors to apply for the winding up of a South African branch of a foreign company (“an external company”), even if the foreign holding company remains solvent, since the two entities are legally one and the same entity?

Compliance blitz on the cards for the agrochemicals sector

In the wake of the UPL warehouse fire, the agrochemicals sector should take immediate steps to comply with the relevant legislative obligations before a pending crackdown by regulators

Information Regulator publishes its PAIA Manual

The Information Regulator has published its manual, setting out how requests for access to information can be made to it, the categories of records that it holds, and how it processes personal information

Post-COP26 reflections: More programmes, policies and resources for mitigation and adaptation

Various Outcome Statements were published after the two-week COP 26 conference. They make it clear that both mitigation and adaptation efforts need to intensify, in global partnership

Shipping – sailing to zero emission transport

The South African government needs to put appropriate funding and policies in place to ensure its transport sector, including shipping, adapts to zero-carbon fuels

Supreme Court of Appeal clarifies position on trading of water use entitlements

The SCA has recently found that section 25 of the National Water Act allows for the transfer of water use entitlements. This decision is important as it is contrary to the position held by the Department of Water and Sanitation and may also have significant implications from a deal making perspective.

This artGreater availability of warranty and indemnity insurance could unlock more deals in Africa

Warranty and indemnity insurance for private equity transactions can be challenging to obtain outside certain jurisdictions in Africa, but there may be ways to increase its availability.

Secondary strikes: Constitutional Court upholds judgments of the Labour Court and Labour Appeal Court

On 12 November 2021, the Constitutional Court (CC) held in favour of mining employers in a historic secondary strike judgment. Our employment team successfully represented several mining employers from the interdict stage at the Labour Court (LC) to the appeal stage at the Labour Appeal Court (LAC) and finally the CC.

Private sector involvement is key for sustainable cities and towns

Creating sustainable and environmentally-friendly cities is a central feature of climate change adaptation, embracing themes such as AI, IP law and post-mining economies

Coalitions at local government level can be avoided – there is an alternative

Following the local government election, the focus now is on the potential coalitions. In numerous municipalities, including five of the metropolitan municipalities, no party was able to achieve more than 50%, thus triggering an intense and potentially heated negotiation with regard to possible coalition governments at a local level.

ESG looms larger in dealmaking

For many years, shareholders and funders have expected that the companies in which they invest should demonstrate Environmental, Social and Governance (ESG) responsibility. But more recently, high standards of corporate behavior in actively promoting and pursuing ESG goals have started to become integral to dealmaking.

The Insurance Odyssey 2021 digi-brochure

Webber Wentzel recently partnered with our alliance and relationship firms to prepare a new insurance focused insight series titled "the Insurance Odyssey 2021".

Webber Wentzel introduces hybrid working policy

Webber Wentzel has introduced a new policy permitting qualifying employees to work remotely for up to two days a week, subject to operational requirements.

ESG-related litigation looms for mining, oil and gas companies

In the near future, companies operating in the mining, oil and gas sectors are likely to feel the brunt of the increasing prominence of ESG issues and the recalibration of societal norms towards sustainability.

Technology is the key to unlocking a green future

According to several reports, the Southern Africa interior is warming at twice the global rate. Significant changes to long-term weather patterns, agriculture and food security, water availability and biodiversity are likely and their effects disastrous. Existing and new technologies will be critical to mitigate and manage the damage of global warming.

Financial Services Regulation - Monthly Update: October 2021

Keep up to date on the most important Financial Services Regulation developments in South Africa during October 2021.

Prioritising the 'S' in ESG can lessen disputes between mining companies and adjacent communities. Here's why.

Accentuating the 'S' in Environmental, Social and Governance can help mining companies deliver better business outcomes, lessen costly disputes and help rebuild stakeholder trust.

Hybrid Event: Spotlight on Zambia | A New Dawn

Following the recent Zambian elections, which saw unprecedented youth voter turnout, the Zambian government has embarked on a number of initiatives to turn around the Zambian economy

Webber Wentzel honours LGBTQI+ Pride Month

In October, Webber Wentzel celebrated LGBTQI+ Pride Month to commemorate the first South African Pride parade held in Johannesburg on 13 October 1990.

South Africa’s energy sector grapples with the just transition

The South African government has set a number of priorities to transform the country’s energy sector and prepare a climate change response to achieve the just transition

Webinar Invitation: Insurance Odyssey 2021

Webber Wentzel and its alliance and relationship firms invite you to the Insurance Odyssey 2021. Let’s take you on a cross-jurisdictional journey of 10 fundamental insurance principles across 10 jurisdictions & 10 law firms.

South Africa’s energy landscape evolves, partly driven by climate change goals

Legislative reforms are making South Africa’s energy sector greener and more competitive, which will encourage economic growth and help the country meet its climate change commitments

Webber Wentzel wins new award for its full-spectrum private equity offering

Webber Wentzel is proud to announce that it was named the leading firm in Legal Services Overall: South Africa – a new category at the 2021 Africa Global Funds (AGF) Service Providers Awards.

Information Regulator publishes an invitation for public comments on new POPIA Regulations

New amended draft regulations on POPIA have been published for comment, covering various steps that people can take in exercising their rights under POPIA and how businesses can request consent for direct marketing purposes

Competition Law Africa Quarterly Update - Q3 2021

Keep up to date on the most important competition law developments across Africa for the third quarter of 2021.

Mandatory vaccination in the workplace: considerations for employers

Various unanswered questions around mandatory vaccination may be tested in the courts after several organisations have announced that they are implementing mandatory vaccination policies at their workplaces

South Africa innovates in sustainable finance for biodiversity protection

South Africa was the first country in the world to grant the tax concession in Section 37D of the Income Tax Act to protect biodiversity, which provides a sustainable financing solution

Global Aviation Restructuring Index - South Africa

Webber Wentzel has contributed to the Watson Farley & Williams LLP (WFW) online Global Aviation Restructuring Index (GARI) for the aviation industry which surveys restructuring procedures across multiple, key aviation jurisdictions.

A new chapter has opened for commercial funding of sustainability projects

Innovative funding for sustainability projects is spurring legal firms like Webber Wentzel to innovate also in the loan agreements that they are drafting for clients

PAIA Guide published by the Information Regulator on 12 October 2021

An updated PAIA Guide has been published which provides easy-to-understand direction on how to obtain various items of information from an organisation

COP26 Insights Series - What COP26 means for South Africa and Africa

This series of articles leading up to and accompanying the COP26 conference, Webber Wentzel is focusing on what the conference means for South Africa and Africa and, specifically on businesses operating in Africa.

The 2021 United Nations Climate Change Conference – what it means for South Africa

At the United Nations climate change conference in Paris (COP21), governments agreed that mobilising stronger and more ambitious climate action is urgently required to achieve the goals of the Paris Agreement.

What does the Just Transition look like in South Africa?

Ahead of COP26 later this month, South Africa's commitment to the Just Transition will be a crucial element of its negotiating position.

Tighten the ESG focus or face litigation

Litigation on Environmental, Social and Governance matters is rising in volume, both globally and domestically, but there are various steps that companies can take to mitigate the risks

BRPs should note differing due dates when income tax, VAT and payroll tax liabilities arise

Case law and the Tax Administration Act provide clear authority that income tax liabilities arise when the ITA34 assessments are issued by SARS, and for VAT and payroll tax liabilities, on the date the relevant payments and returns are due.

Our Pensions Offering

The legal landscape for pensions is highly regulated and requires deep technical expertise to navigate. There are also frequent changes to the multitude of laws which adds to the layers of complexity.

The Companies Amendment Bill 2021 could have unintended consequences for business rescue

Proposed amendments to sections 135 and 145 of the Companies Act raise various concerns related to post-commencement financing in the business rescue process

NEW Draft Companies Amendment Bill - snapshot of key proposed amendments

A new draft of the Companies Amendment Bill has been published. Although the Bill clarifies many important company law issues; several ambiguities related to the current Act remain.

The role of incapacity in dismissals for misconduct

A recent judgment* by the Labour Court addresses the role that incapacity can play when an employee is charged with misconduct, and whether an employer is required to exclude the possibility of incapacity in these circumstances.

Celebrating our diversity

In October, Webber Wentzel celebrates LGBTQI+ Pride Month to commemorate the first South African pride parade held in Johannesburg on 13 October 1990.

Financial Services Regulation - Monthly Update: September 2021

Keep up to date on the most important Financial Services Regulation developments in South Africa during September 2021.

Complex issues arise in limiting the rights of the non-vaccinated

The South African government may introduce “vaccine passports”, following moves by authorities in other jurisdictions, and the limitation of constitutional rights is arguably justifiable

Costly class actions for damages possible after popia breaches

Class actions caused by breaches of the Protection of Personal Information Act are likely to emerge in South Africa in the next few years, and they could be quite costly for companies

ICASA market inquiry into signal distribution services in South Africa

ICASA has published notice of its intention to conduct an inquiry into competition in signal distribution services and is inviting questions from the public on clarity by 4 October 2021.

Keep your creditors close, but your lawyers closer

Although companies in financial distress, and their creditors, are often reluctant to pay for legal advice, having legal guidance to navigate the intricacies of the business rescue process can help to avoid costly mistakes

China's new privacy law: its impact on South African organisations

South African businesses with links to China need to be aware of the country’s recently-passed Personal Information Protection Law (PIPL), which comes into force in November 2021

2018 Mining Charter is policy, not law!

The High Court has ruled that the 2018 Mining Charter is policy, not law, and has set aside various aspects of the Charter as unconstitutional. While sound, this judgment is likely to be appealed.

Environmental Duty of Care: Realities for the Real Estate Sector

Landlords, landowners and property managers often overlook their environmental duty of care obligations, which attracts significant environmental liability risks

Resolving customs and excise disputes with SARS - alternative dispute resolution [part 2 of 4 part series]

There are various mechanisms to resolve disputes with SARS' Customs and Excise divisions. In this article, we consider the alternative dispute resolution procedure.

AI in the retail sector: the South African conundrum

Artificial intelligence is being successfully deployed in the global retail sector but it needs to be used carefully in the South African context, taking into account specific market characteristics

Webber Wentzel wins several prestigious awards

Webber Wentzel is proud to announce that the excellence of its tax and corporate teams were recently recognised with prestigious awards, beating several of South Africa’s top legal firms.

Artificial Intelligence and regulating the unknown: lessons from the EU and UK

Recent developments in the UK and EU on regulating artificial intelligence may help to provide guidelines for South African lawmakers in drawing up much-needed regulation for the sector

Webber Wentzel overall winner of Women Empowerment in the Workplace Award at The Accenture 9th Gender Mainstreaming Awards

Webber Wentzel was awarded the Women Empowerment in the Workplace award at the 9th Gender Mainstreaming Awards on 9 September 2021- in both the unlisted and in the overall (listed and unlisted) categories.

Lexology Getting The Deal Through Merger Control 2022

Webber Wentzel has contributed to the Lexology Getting The Deal Through Merger Control 2022 South Africa chapter.

COMESA Competition Commission issues first ever merger related fine - the time for soft enforcement is over

On 6 September 2021, the COMESA Competition Commission (CCC) issued its first fine for failure to notify a transaction to the CCC within the prescribed time period under Article 24 (1) of the COMESA Competition Regulations of 2004.

Webber Wentzel wins ESG Initiative of the Year at the African Legal Awards

We were awarded Environmental, Social and Governance (ESG) Initiative of the Year at the 2021 African Legal Awards for our pro bono work in supporting government in the minimising the impact of the Covid-19 pandemic on South Africa.

Managing mental health issues in the workplace

Managing mental health related issues in the workplace can be difficult. Employers should manage employees with mental health related issues carefully and fairly, working with, rather than against, employees with mental health related issues. This may alleviate the need to terminate an employee's employment and assist the employee in dealing with their mental illness.

Pursuing a positive impact in Africa | Private Equity International

Webber Wentzel has contributed to Private Equity International's Africa Special Report with a keynote interview on sustainability, focusing on ESG and impact investing in Africa.

The long-awaited third draft of the Replacement NEMA Financial Provisioning Regulations has arrived

The third and hopefully final warm-up match has started. The public has been called on to comment on DFFE's final suggested draft of the NEMA Financial Provisioning Regulations before they are Gazetted into law.

Financial Services Regulation - Monthly Update: August 2021

Keep up to date on the most important Financial Services Regulation developments in South Africa during August 2021.

POPIA Training: Ready, Steady, Go...

POPIA. Non-compliance can result in lost stakeholder trust, reputational harm, administrative fines, damages claims and even imprisonment.  Expert training can be a significant step in ensuring that your organisation is POPIA compliant.

Webinar: In Conversation with Dr. Patrick Soon-Shiong

Join Webber Wentzel for a webinar with Dr. Patrick Soon-Shiong on Tuesday, 14 September 2021.

New issues with amended amended Schedule 2 of the Electricity Regulation Act for private power generation

The recent gazetting of amendments to Schedule 2 of the Electricity Regulation Act of 2006, which increases the licensing threshold for embedded generation projects from 1 MW to 100 MW, is good news for South Africa’s biggest energy users.

New merger filing fees in Mozambique and Nigeria

The competition authorities in Mozambique and Nigeria recently published revised merger filing fees, which suggest they have considered feedback from various stakeholders

New law facilitates large-scale private power generation in South Africa

The Minister of Mineral and Energy Resources has published amendments to the Electricity Regulation Act to enable embedded generation projects up to 100 MW to proceed without requiring a licence from NERSA

Disclosing Information Without Consent | FA News

The Protection of Personal Information Act (POPIA) is aligned with existing legislation restricting the circumstances under which private patient information can be shared, but imposes additional duties in handling that information.

Indirect Tax

In a complex and highly regulated space with active enforcement and vigilant authorities, it is essential to have a trusted adviser with in-depth knowledge and commercial insight.

POPIA: Its effect on Clinical Practice and Health Research | South African Journal of Occupational Therapy

Healthcare is a highly regulated field of human activity and with good reason. Its structure and delivery relies heavily on information and processes that are highly complex and often of a technical, scientific nature.

International Comparative Legal Guide to Alternative Investment Funds Laws and Regulations 2021

Webber Wentzel has contributed to the International Comparative Legal Guide to Alternative Investment Funds Laws and Regulations 2021.

A Journey of Growth and Success

Webber Wentzel Senior Partner Christo Els and Managing Partner, Sally Hutton, chat to Tom Pearson in a podcast focussing on the growth and success of one of Africa’s foremost law firms.

Revised Covid-19 Mandatory Code of Practice issued for mining industry

The DMRE has issued an updated Guideline for a Mandatory Code of Practice for mines, which mainly differs from the May 2020 Guideline in providing a full set of annexures and guideline documents

Empowering women through work | Business Day

Generation equality – realising women’s right for an equal future. A Q&A with Webber Wentzel managing partner SALLY HUTTON

No Doge-ing the tax bill on cryptocurrency transactions

SARS is tightening tax collection on cryptocurrency transactions, which makes it important to distinguish between events that will trigger income tax rates or CGT rates.

Financial Services Regulation - Monthly Update: July 2021

Keep up to date on the most important Financial Services Regulation developments in South Africa during July 2021.

Be the Role Model you Admire Most

South Africa commemorates Women's Month in August as a tribute to the women who marched to the Union Buildings in 1956 in protest against the extension of pass laws.

Legal Professional Privilege: A Comparative Guide

Webber Wentzel contributed to the South African chapter of the latest edition of the popular Linklaters review of law and practice relating to legal professional privilege in 24 jurisdictions across Europe, the Americas and Asia-Pacific.

A new global taxation regime is in the pipeline – start preparing now

The recent agreement by 130 of the 139 countries participating in the OECD/G20 Inclusive Framework (IF) to implement the two-pillar package will result in a fundamental shift in the way international taxation has worked in the past. It “wipes the slate clean”.

A guide to employers’ tax obligations after damage to their premises

The recent looting and damage to businesses in KwaZulu-Natal and Gauteng has had a devastating impact on many businesses, both small and large. In some cases, the damage is so severe that the business cannot continue to produce or sell, and valuable data may have been lost, including employee and tax records.

Tokyo 2020 (it's not a typo)

The Tokyo Olympics are taking place under the “2020” brand for a number of reasons related to intellectual property and the unusual circumstances around this year’s event

Disclosure of third-party funding arrangements

AFSA International – a branch of the Arbitration Foundation of Southern Africa – has recently released its new rules, which require the disclosure of third-party funding (TPF) arrangements in the international arbitrations it administers.

The complex tax consequences of riot insurance payments

Businesses able to claim from SASRIA for damage to premises or equipment from the recent unrest need to be aware of the tax implications of payouts

Sustainable and responsible business

Regulation of environmental impacts has become increasingly important and influences the operation and sustainability of many businesses. We can advise you on how to achieve your business goals in an efficient, sustainable and cost-effective way.

Webber Wentzel aligns with POPIA to reinforce client confidentiality

Webber Wentzel has taken various additional measures in order to more easily demonstrate its compliance with POPIA, and these reinforce its existing extensive security around confidential information

Rebuilding and responding - how can we help you?

We have spoken to several clients to see how they are managing the devastating violence and rioting taking place in parts of South Africa. From our discussions, there are some key common issues that many are grappling with.

Civil unrest and public looting: managing key employment issues

Employers seeking an appropriate response to the civil unrest and public looting in Gauteng, KwaZulu-Natal and other parts of South Africa will have to consider different factual circumstances.

SA riots - does force majeure apply?

Businesses experiencing disruption from the recent events in South Africa may be able to invoke force majeure clauses in contracts, or the law of supervening impossibility, depending on the circumstances

SA riots: limitations on insurance claims

Businesses seeking to recover losses from the widespread damage caused by recent riots and looting recently need to act promptly in filing claims to SASRIA

Riots in SA: what happens under a state of emergency declaration?

If the President decides to declare a state of emergency as a result of the recent extensive looting and unrest, it will be different from those declared during apartheid

SA hopeful that vandalised Telecoms infrastructure will be protected by the SANDF

The civil unrest in South Africa has resulted in numerous telecommunications and broadcasting infrastructure being destroyed. Members of the South African National Defence Force (SANDF) have now been instructed to protect property and national key points, including critical infrastructure such as telecommunications networks.

Competition Block Exemptions for the Security of Supply of Essential Goods

On 15 July 2021, the Minister of Trade, Industry and Competition issued Block Exemptions for the Security of Supply of Essential Goods (Government Gazette No.44854) (the Essential Goods Exemption) – in effect from today until 15 August 2021.

New draft guideline for climate change impact assessments to be undertaken when pursuing environmental consent applications

A Climate Change guideline will shortly be published to assist with incorporating climate change considerations in various applications for environmentally-related licences

POPIA has unexpected implications for B-BBEE Schemes

Sharing personal information of trust beneficiaries to verify black ownership under the scorecards requires companies and trusts to be aware of POPIA requirements.

Webber Wentzel joins hands with clients, colleagues and staff following rioting

Webber Wentzel is deeply concerned about the devastating violence and rioting taking place in parts of South Africa and the erosion of the rule of law.

Public interest is the new normal

As the dust settles on the market's response to the Competition Commission's prohibition of the Burger King merger on public interest grounds, it is important to reflect on the future role of public interest in mergers across Africa.

FSCA Communication on Electronic Signatures and Pre-populated Documents

The Financial Sector Conduct Authority (FSCA) has raised concerns about the potential risks of financial services providers using clients’ electronic signatures for financial transactions when the client is not present.

New draft Maritime Occupational Health and Safety Amendment Regulations, 2021

New draft health and safety regulations for the maritime industry have been published for comment, updating the current regulations with amended or new definitions and additional safety measures

New draft guideline published for ecosystem impact assessments needed when pursuing environmental consent applications

SANBI, DFFE and the CSIR have developed a new Ecosystem Guideline in line with the Terrestrial and Aquatic Biodiversity Protocols that were gazetted last year

UK Appeals Court declares that Deliveroo riders are not workers

The UK Court of Appeal judgment that Deliveroo riders are not workers appears to contradict a UK Supreme Court judgment that Uber drivers are workers, but Deliveroo riders do not have to make deliveries personally

Webber Wentzel shortlisted for 22 African Legal Awards

Webber Wentzel is proud to have been shortlisted in 22 categories in the African Legal Awards 2021. This is a real endorsement of our standing in the African legal market.

Resolving customs and excise disputes with SARS - internal administrative appeal [part 1 of 4 part series]

There are various mechanisms to resolve disputes with SARS' Customs and Excise divisions. In this article, we consider the internal administrative appeal.

Food Safety in South Africa and the need for an appointed Regulator

Plans to create a food safety regulatory authority would benefit both consumers and the food and beverage industry, by reducing costs of compliance and strengthening confidence in food products

"To compile a PAIA Manual or not to compile a PAIA Manual?"… That is the Question

Certain entities are exempt from compiling a PAIA Manual until 31 December 2021, but this depends on various factors, such as the type of entity, the sector in which the entity operates and the entity's total annual turnover or number of employees.

Employer Roles on Mandatory Vaccination Roll-outs

Employers considering putting a mandatory Covid-19 vaccination policy in place need to take several factors into account, including appropriate steps if an employee refuses

Financial Services Regulation - Monthly Update: June 2021

Keep up to date on the most important Financial Services Regulation developments in South Africa in June 2021.

Transferring listed shares to an offshore exchange

The recently-introduced Section 9K to the Income Tax Act triggers a potential tax liability when dual-listed shares are migrated from a South African to an offshore stock exchange.

Competition Law Africa Quarterly Update - June 2021

Keep up to date on the most important competition law developments across Africa for the second quarter of 2021.

Highest court finds that dismissed employees' compensation for procedural unfairness may be reduced

The Constitutional Court has handed down a judgment confirming that it can reduce compensation awarded for procedurally unfair dismissals. The case also shines a light on the real costs of employers not following the correct processes – legal costs, punitive costs, and time with protracted litigation.

Should operators of online and social media platforms police the posting of unauthorised or illegal content?

The Court of Justice of the European Union recently answered the request from Germany’s Federal Court of Justice for a preliminary ruling concerning the liability of operators of online platforms regarding copyright protected works that are illegally posted on these platforms by users.

The impact of the impending AARTO Act on employers

The Administrative Adjudication of Road Traffic Offences Act 4 of 2019 (AARTO) comes into effect on 1 July 2021. AARTO intends to address non-compliant behaviour to road traffic laws and reduce the number of road accidents in South Africa. AARTO will also, however, impose new obligations on employers.

Dismissing employees for not observing workplace Covid-19 protocols

Two recent decisions from labour dispute resolution forums have dealt with discipline of employees for failing to observe Covid-19 protocols – one dismissal was found to be fair while the other unfair. Understanding the circumstances and differentiators of these two decisions is important for employers.

Emergency Arbitrators - AFSA's Latest Innovation

The Arbitration Foundation of South Africa (AFSA) is the latest of a growing number of leading arbitral institutions to incorporate the appointment of an emergency arbitrator and emergency arbitration provision into its new international rules (the new rules). This is a welcome step by AFSA in promoting South Africa as a modern arbitration destination.

Clarity on POPIA exemptions and information officer registration

The Information Regulator has published guidance for organisations on applying for exemptions from POPIA and appointing information officers, ahead of the 30 June 2021 deadline for compliance

Officially on the Road to Crypto-Asset Regulation

The recently-published Crypto Asset Policy Paper lays out the types of crypto asset service providers that will be subjected to regulatory oversight and how they will be supervised

B-BBEE Webinar: Making a meal of public interest

Dealmakers download: latest BEE developments & the Burger King decision - navigating the landscape to get the deal done

Information Regulator extends commencement date for POPIA prior authorisation

The Information Regulator has extended the commencement date of the POPIA provision that requires organisations to obtain prior authorisation if they process certain categories of personal information. The commencement date of that provision is now 1 February 2022.

Update: NEMA Financial Provisioning Regulations, 2015 – further extension to comply

The Minister of Forestry, Fisheries and the Environment has amended the transitional arrangements in the National Environmental Management Act Financial Provisioning Regulations, 2015, for the third time.

Revised Covid-19 Direction on Health & Safety in the Workplace published

A revised Covid-19 Direction on Health and Safety in the Workplace sets out the regulations on vaccines and guidelines for employers considering mandatory vaccinations of employees

Webber Wentzel and leading Mozambican law firm, ABCC announce signing of bilateral collaboration agreement

Webber Wentzel and leading Mozambican law firm, , Avillez Bacar Centeio & Cambule – Sociedade de Advogados (ABCC), signed a bilateral collaboration agreement to formalise their close working relationship over many years.

A pivotal judgment: Advertising Regulatory Board's authority over non-members in jeopardy

The Advertising Regulatory Board is filing an appeal against a High Court ruling that has implications for the Board’s ability to promote responsible advertising and protect vulnerable groups

Rooibos/Red Bush joins Champagne, Irish whiskey and other iconic products already registered by the European Commission

The European Commission has included Rooibos/Red Bush on its register of protected designations of origin, which will help consumers to distinguish the genuine article grown in the Cederberg

Webber Wentzel supports the rebuilding of UCT's Jagger Reading Room

Webber Wentzel, the leading full-service law firm in Africa, has donated ZAR 200,000 to the University of Cape Town (UCT) to help restore the African research facilities destroyed in the fire which swept across Table Mountain in April.

Highest Court decision has implications for all loyalty programme providers

The Constitutional Court recently handed down judgment on the Clicks Retailers (Pty) Ltd v CSARS case, which has wide ramifications for all loyalty programme providers. Loyalty programme future expenditure will as a result, be claimable only if the obligation for such expenses is imposed in the same income-producing contract.

The Extended Producer Responsibility Regulations – Laudable goals, challenging implementation

The Extended Producer Responsibility Regulations recently introduced in South Africa are expected to drive the circular economy agenda, but continue to provide legal conundrums and interpretational challenges

Burger King: Making a meal of public interest in M&A transactions - Don't upsize your deal just yet

For the first time in 20 years, a merger may be prohibited on public interest grounds alone. A ground-breaking decision by the Competition Commission to prohibit the proposed sale by Grand Parade Investments Limited of its investment in Burger King (South Africa) to a US private equity firm will have severe consequences for the future of M&A transactions and investment into South Africa.

Cybercrimes Bill signed by the President

The Cybercrimes Bill has been signed by the President. This Bill will now be known as the Cybercrimes Act 19 of 2020. This development is a welcome move in the fight against the ever-increasing rise in online and internet-based crime.

The new AFSA International Arbitration Rules - simply explained

The Arbitration Foundation of Southern Africa’s new Rules, which came into effect on 1 June, are a welcome move that will help to grow South Africa's reputed position as an international arbitration seat.

Financial Services Regulation - Monthly Update - May 2021

Keep up to date on the most important Financial Services Regulation developments in South Africa during May 2021.

Is your Chatbot POPIA compliant?

Artificial Intelligence and digitisation are transforming the business landscape. Many new technologies are being created to streamline customer engagement, such as chatbots. Given the quantity of personal information which a chatbot may acquire, how do you ensure that your chatbot is POPIA compliant?

Hospitality & leisure industry - Destination POPIA

We all hope for more travel and tourism soon. Hospitality players waiting for the big travel surge should use this time to ensure that they understand the requirements of the Protection of Personal Information Act (POPIA) within their industry.

South Africa B-BBEE developments: Clarity provided on black ownership schemes and structures

Minister Patel has issued a Practice Note in terms of the Broad-Based Black Economic Empowerment Act on Rules for discretionary Collective Enterprises to provide much needed clarity on how ownership schemes and structures should be interpreted under the B-BBEE Codes.

AfCFTA Insights Report

We are delighted to release a downloadable compilation of expert insights focussed on the issues around the African Continental Free Trade Area (AfCFTA). We produced this report over many months in collaboration with Africa Legal.

Africa Funds Benchmark Survey 2021

With the increased need for patient capital both globally and in particular on the African continent, private equity continues to play a significant role in the funding of projects and deals across the continent.

Covid-19 and the Consumer Sector: One Year On

The economic consequences of Covid-19 are continuing to be felt in the form of changed shopping patterns and lifestyles, but also faster innovation and technology adoption

Information Regulator seeking legal advice on WhatsApp privacy policy updates

South Africa’s Information Regulation is taking legal advice on WhatsApp’s updated privacy policy, which gives more disclosure about use of their personal information to users in the EU than outside it

POPIA and consent red flags for insurance companies

The terms and conditions of insurance policies are currently going through a major overhaul after the unexpected events of the Covid-19 pandemic highlighted new areas of risk for insurers.

The Protection of Personal Information Act: What insurers need to know

Insurance companies have until 30 June 2021 to ensure that their business operations comply with the Protection of Personal Information Act, 2013, or they risk facing penalties by the Information Regulator.

Financial Regulatory Developments

There have been two key developments in the financial regulatory space which stakeholders should be aware of. Firstly, to the Financial Sector Laws Amendment Bill and also to the Pension Funds Amendment Bill. Comments on both should be in by no later than 12:00 on Monday 17 May 2021.

Proposed amendments to merger filing forms | DealMakers

For the first time in many years, significant amendments have been proposed to the Competition Commission's merger filing forms.

Employee share schemes under the Companies Act | DealMakers

Although there are some benefits to establishing ESOPs under the Companies Act, sections 95 and 97 can also make it costly and timeconsuming to do so.

POPIA requires a new look at insurance agreements, with a real focus on specific consent

Personal information provided for one purpose, such as obtaining insurance, is often shared within the insurance world for other data-gathering purposes. This typically requires specific consent, if those collecting the information are not to find themselves in breach of POPIA from 1 July 2021

Thomson Reuters, Practical Law: Private equity in South Africa guide

The Thomson Reuter's Practical Law - Private equity in South Africa: market and regulatory overview is available. This Q&A guide is a guide to private equity law in South Africa.

Digital mergers potentially face greater scrutiny

The Competition Commission has invited comment on proposed amendments to its Small Merger Guidelines, which expand the scope of potentially notifiable mergers in digital markets

Draft PAIA Regulations published ahead of POPIA commencement

Draft PAIA Regulations have been published, setting out the transition of functions from the South African Human Rights Commission to the Information Regulator, and some additional obligations of information officers.

Employee dismissed for reporting to work with Covid-19

A recent judgment by the Labour Court implores employers to consider whether existing Covid-19 health and safety protocols are being taken seriously by employees. Such protocols are meaningless if they are merely "in place and on paper"

Join us at the SAGEA Virtual Career Expo 2021

Webber Wentzel is participating in the SAGEA VirtualGradExpo 2021 on 11 and 12 May 2021. We will be connecting with students from several universities who are interested in exploring bursary, vacation and graduate employment opportunities.

The legal effect of a liquidated company on review proceedings at the Labour Court

In a recent judgment, the Labour Court found that it did not have jurisdiction to determine review proceedings for a liquidated company if the person who instituted the legal proceedings failed to deliver the necessary notice to the liquidators

Strike guidelines set aside by High Court

The High Court recently set aside guidelines issued by the Minister of Employment and Labour on balloting for strike action on the grounds that they were ultra vires

Brand owners, manufactures, importers, retailers BEWARE!

On 5 May 2021 the Regulations Regarding Extended Producer Responsibility (EPR Regs) came into force under the Waste Act. On the same day, the second round of amendments to the EPR Regs were finally published after extensive consultation with the affected sectors.

Employer liable to pay a portion of R3.9 million awarded for sexual assault in the workplace

A recent High Court judgment upholds the potential consequences for an employer that does not provide a safe working environment for employees, including one free of sexual assault or other forms of harassment

Webber Wentzel partner appointed to European Commission Expert Group on SLAPP

Dario Milo, a Webber Wentzel partner, and specialist in media law has been appointed by the European Commission to serve on the Expert Group against Strategic Lawsuits Against Public Participation (SLAPP).

Tackling HIV in the mining industry – new guidance note published by the Department of Mineral Resources and Energy

The Chief Inspector of Mines has issued a guidance note to assist mining companies to manage and control HIV in the workplace, which requires employers to put policies, plans, awareness and monitoring in place

DMRE issues new guidelines applicable to mining employers

The Chief Inspector of Mines has issued guidelines to assist employers in preventing flammable gas explosions and following best practice in lamp room checks and in multi-blasting operations

Hazardous chemical agents: new regulations gazetted

New regulations on hazardous chemicals have been published. They replace the previous regulations of 1995, and contain new definitions and additional measures on issues such as labelling and disposal

The complexities of group governance

The Insurance Act provides a useful framework for governance of increasingly complex and multi-product financial services groups

Financial Services Regulation - Monthly Update - April 2021

Keep up to date on the most important Financial Services Regulation developments in South Africa during April 2021.

Australia's Fair Work Commission rules on dismissal of employee for refusing to take flu vaccine

A recent decision of Australia’s Fair Work Commission upheld an employer’s reasonable requirement for staff to be vaccinated against influenza, but we caution that this principle remains untested in the Covid-19 vaccination rollout in South Africa

Doubling Down on Plastic Bag Producers

South Africa’s amended Plastic Bag Regulations and the new Extended Producer Responsibility Regulations raise concerns about double taxation in the plastic bag sector

More breathing room - NEMA financial provision regulations, 2015

On 22 April 2021, the Minister of Forestry, Fisheries and the Environment, published notice of her intention to again amend the transitional arrangements contained in the NEMA Financial Provisioning Regulations, 2015, for the third time.

Competition Commission surges ahead with its market inquiries

The Competition Commission recently published final terms of reference for an inquiry into competition among selected digital platforms, as well as its findings from an investigation into competition in public transport

JSE consultation paper proposes amendments to the Listings Requirements

The JSE has issued a consultation paper proposing changes to the Listings Regulations to cut red tape and achieve an effective, fit-for-purpose set of regulations for financial markets

Webber Wentzel team helps to drive SA’s Covid-19 vaccine roll-out forward

Building on the positive momentum Webber Wentzel achieved in advising the National Ventilator Project last year, the firm earlier this year moved onto assisting with the procurement of Covid-19 vaccines for South Africa.

Big win for Team Webber Wentzel - The Legal 500 2021 directory

Webber Wentzel has maintained its top spot in The Legal 500 Europe, Middle East & Africa 2021 directory, as the most highly ranked law firm in the South Africa category with 82 individual rankings.

Some well awaited certainty on Kenyan withholding taxes for inbound services

A recent decision by the Tax Appeals Tribunal of Kenya has provided much needed clarity on withholding tax payable by South African residents providing services to Kenyan entities

Over-extension of Extended Producer Responsibility?

South Africa recently published a set of Extended Producer Responsibility (EPR) regulations, which aim to extend companies' financial or physical responsibility for certain identified products to the post-consumer stage of the products. Contrary to international best practice, however, Government has overextended the reach of this responsibility, which raises a host of challenges.

New regulations for LandCare projects

A recently published Generic Environmental Management Programme seeks to regulate LandCare projects and exclude identified activities related to the implementation of the LandCare Programme from the need to obtain environmental authorisation

Final Regulations to transform the ICT sector have been passed

Final regulations to facilitate transformation and diversity in the ICT sector have been published. They expand on key requirements in the draft regulations published in February 2020

CCMA reinstates employee dismissed for absence without permission

The CCMA recently reinstated an employee who took leave without permission during the Covid-19 lockdown, in a ruling which delivers an important lesson for other employers

Labour Appeal Court upholds dismissal of employees for carrying weapons during strike action

The Labour Appeal Court has ruled that employees can be dismissed for carrying weapons during a strike and it is reasonable to expect them to know that this is a dismissable offence

Tightening the noose on emigrants' retirement assets | Accountancy South Africa

The Budget Review 2021 includes a proposal to impose a deemed retirement withdrawal tax on retirement assets of emigrants as an exit tax. The proposal is unclear and has numerous issues.

Final Sports Broadcasting Services Amendment Regulations passed

The Independent Communications Authority of South Africa (ICASA) has recently published the long-awaited and somewhat controversial Sports Broadcasting Services Amendment Regulations. Overall, what was published aligns with international practice.

POPI reinforces systems already in place in the healthcare industry

POPI which comes into full force later this year, is not something for the healthcare industry to fear. In reality, it reaffirms existing healthcare legislative provisions dealing with confidentiality and disclosure of health information.

POPIA 101

All businesses with employees, customers and suppliers must comply with POPIA, which comes into effect on 1 July 2021. Here’s a practical guide to the most important aspects

Extensive amendments proposed to merger filing forms

On 25 March 2021, the Minister of Trade, Industry and Competition published an invitation for public comment on proposed amendments to the forms, rules and regulations of the Competition Commission.

Financial Services Regulation - Monthly Update - March 2021

Keep up to date on the most important Financial Services Regulation developments in South Africa during March 2021

Webber Wentzel successfully obtains community unrest interdicts for different clients operating in the mining industry

On two recent occasions involving mining operations in Limpopo and Mpumalanga, Webber Wentzel has assisted different clients operating in the mining industry to obtain interdicts against the SAPS to compel them to fulfil their duty to maintain law and order

Proposals of interest to employers in the 2021 Budget Review

In the 2021 Budget, there are proposals to halt abuse of employment tax incentives and expand the scope of what constitutes a long-service award

Annuitisation of provident funds finally commences

From 1 March 2021, members of provident funds on retirement will have to buy an annuity with two-thirds of their retirement funding, bringing them in line with pension and RA fund members

Cross-border Guide on the Impact of Insolvency on International Arbitration

Webber Wentzel together with Linklaters and Allens, have created a global guide - Cross-border Guide on the Impact of Insolvency on International Arbitration.

Employee attacked at work during protest action may claim damages from her employer

A recent Supreme Court of Appeal judgment has provided new guidance on COIDA cover and when employers may be exposed to direct claims for damages by employees.

Webber Wentzel appoints 14 new partners in 2021

Webber Wentzel has announced 14 new partners across 6 practice areas.

SABS issues new standard for hand sanitisers

The SABS has issued a new standard for hand sanitisers, which manufacturers of these products and employers distributing them in the workplace should comply with

Distillate Fuel Refund System Reform: the wait may soon be over

Recently released proposed draft amendments to the diesel refund scheme clarify certain aspects of the scheme, but it remains to be seen whether they will ease some of its more onerous requirements.

Information Regulator publishes guidance note on applications for prior authorisation

The Information Regulator has issued helpful guidelines for applicants who require prior authorisation to process certain categories of information under POPIA

Court upholds the importance of disclosure of documents in litigation

In a recent case where a claimant for damages sought to prevent the disclosure of her medical records, the rules of court were found to override other legislation relating to confidentiality of personal information

The Roadmap for ending LIBOR

The UK Financial Conduct Authority is considering whether it will be necessary to publish some synthetic LIBOR benchmarks after the termination dates set out by ICE Benchmark Administration to assist legacy contract holders

POPIA codes of conduct, information officers and applications for exemption

The Information Regulator has provided some welcome clarity on practical aspects of POPIA, as organisations work towards achieving compliance by 30 June 2021

Covid-19 TERS extension: key information for employers

A new directive sets out conditions for the extension of benefits under the Covid-19 TERS scheme, which applies only to four categories of employees.

Incentivising Strategic Development: moving one step closer, or two steps back?

Recent moves to incentivise renewable energy development in designated areas are welcome, but a new requirement has been introduced which may prove onerous and cause significant delays.

Can mining houses compel employees to be vaccinated?

As South Africa prepares to roll out the Covid-19 vaccine, mining companies will be important centres for distribution, but they will have to be circumspect in imposing vaccines on their employees

Workplace Covid-19 vaccination policies: Key considerations for employers

With the imminent arrival of South Africa's first batch of Covid-19 vaccines, many employers are considering the workplace Covid-19 vaccination policies they need to put in place. We caution against employers implementing a mandatory policy requiring all employees to be vaccinated.

Treasury further tightens the noose on retirement assets of emigrants

The Budget Review 2021 includes a proposal to impose a deemed retirement withdrawal tax on retirement assets of emigrants as an exit tax. The proposal is unclear and has numerous issues.

Competition Law Africa Monthly Update - February 2021

Keep up to date on the most important competition law developments across Africa in February 2021.

Uber drivers in South Africa: employees or independent contractors?

Uber drivers are currently classified as independent contractors in South Africa, but there are plans to launch a class action to compel Uber SA to confer several key rights on its drivers, which, if successful, will affect the rights of platform workers

South Africa - Let's do Business eBook

A tailored and on-the-ground perspective for business in South Africa and those looking to invest in South Africa.

Dealmaking in Sub-Saharan Africa - 2020 in review and predictions for 2021

Read a Q&A with Christo Els, senior partner and M&A specialist on Dealmaking in Sub-Saharan Africa - 2020 in review and predictions for 2021

AFRICA: Dealmaking in the private equity sector - 2020 /2021

Read a Q&A with Sally Hutton, managing partner and Private Equity (PE) specialist on Dealmaking in the private equity sector in Africa over 2020/2021

Mboweni sticks to a realistic path in 2021/22 Budget

South African Finance Minister Tito Mboweni delivered the 2021/22 Budget on 24 February that treads a pragmatic path between over-spending and too much austerity, as the economy grapples with the impact of Covid-19 and lockdowns.

South Africa’s TMT sector faces legal challenges and opportunities in 2021

Three topics will top the list of priorities for executives in the technology, media and telecommunications (TMT) sector in South Africa in 2021. They are cyber security, B-BBEE and the allocation of high frequency radio spectrum to enable the roll-out of 5G.

Draft Terms of Reference published for Online Intermediation Platforms Market Inquiry

The Competition Commission has published draft Terms of Reference ahead of an 18-month inquiry into any potentially anti-competitive aspects of selected digital platforms

Draft critical skills list out for public comment

The critical skills list identifies occupations in various sectors for skilled immigration. Section 19(4) of the Immigration Act 13 of 2002 provides that the Department of Home Affairs can issue a critical skills work visa to a foreign employee possessing skills or qualifications considered to be critical for South Africa.

The Telecommunications, Media and Telecoms (TMT) sector: setting the scene for 2021

On 18 February 2021, Webber Wentzel hosted a client seminar, The TMT sector: setting the scene for 2021.

Webber Wentzel's expertise recognised by Chambers Global

Chambers Global has released their 2021 results. Webber Wentzel had an exceptional year with key highlights.

21 Legal Developments for businesses to monitor in 2021

We have collated a snapshot of key themes to track in 2021 and of 21 legal developments for the year which you will need to keep a tab on.

Covid-19 TERS scheme extended to 15 March 2021

The president has announced the TERS benefit will be extended to 15 March 2021 for certain sectors but there are unanswered questions over aspects of the extension.

B-BBEE Commission requires entities to make increased disclosures

A new Explanatory Notice issued by the B-BBEE Commission in January requires more supporting evidence for B-BBEE claims. Although this may seem onerous, it will strengthen the Commission’s ability to make recommendations for improvement

COMESA merger notification thresholds clarified

On 11 February 2021, the COMESA Competition Commission (CCC) published a new practice note clarifying important aspects of its merger control thresholds. This is an important development that will greatly assist merger parties to assess whether transactions meet the CCC's merger filing requirements.

Webber Wentzel’s Pro Bono team raises new SLAPP defence

A recent High Court judgment confirmed the importance of public dialogue and debate in a healthy democracy. It did so by, for the first time in South Africa, recognising the SLAPP defence. SLAPP stands for Strategic Litigation Against Public Participation; and it refers to meritless or exaggerated lawsuits intended to intimidate civil society advocates, human rights defenders, journalists, academics and individuals as well as organisations acting in the public interest.

New BCEA earnings threshold from 1 March 2021

The Department of Employment and Labour has published a new earnings threshold under the Basic Conditions of Employment Act 75 of 1997.

Budget 2021: Finding revenue from a highly-taxed base

The South African government is likely to be tempted to increase marginal rates of tax on top earners in the February Budget, but non-tax measures would be more effective in raising funds for the fiscus

Court upholds minority shareholder rights in share repurchase

A recent court judgement upheld the rights of dissenting minority shareholders in situations where a company intends to repurchase more than 5% of its own shares.

Recent Labour Appeal Court and Constitutional Court judgments not applicable to private sector

Important judgments were recently handed down by the Labour Appeal Court and Constitutional Court. Given the issues dealt with in these judgments (collective bargaining and interception of communication), questions were raised about their impact on the private sector.

Increases to National Minimum Wage from 1 March 2021

The Department of Employment and Labour (DEL) has announced increases to the national minimum wage that will come into effect from 1 March 2021. These increases follow the recommendations made by the National Minimum Wage Commission in late 2020.

Webber Wentzel bolsters its leading M&A offering

Growing its already established platform of excellence, Webber Wentzel has recently bolstered its M&A expertise through the appointment to the firm of Lilia Franca and her team from CDH.

Webber Wentzel contributes to the Chambers and Partners 2021 Insurance & Reinsurance guide

Webber Wentzel has contributed the South African section of the Chambers and Partners 2021 Insurance & Reinsurance guide covering 25 jurisdictions.

The legal imperative behind ESG Compliance and decarbonisation – Reflections from MI Virtual 2021

ESG Compliance Mapping will help mining companies to achieve ESG's priority impacts throughout their value chain

Corruption Watch releases new report on Covid-19 TERS scheme

A report by Corruption Watch into the payment of TERS benefits has exposed maladministration and corruption in the UIF, highlighting that the department of employment and labour needs to improve its systems

Podcast: Covid-19 Vaccines - Employer Considerations

Over this 6-part series, We will be unpacking various issues from the possibility of mandatory vaccination policies for employees to personal information management of employee vaccination data.

Key Tech and IP developments in South Africa: 2020/2021

We have prepared a high level overview of the top 10 Tech and IP developments in South Africa in 2020, and our predictions for each of these in 2021.

South African president delivers conciliatory speech at Mining Indaba, short on detail

South African president Cyril Ramaphosa sounded many positive notes in his keynote address to Mining Indaba but did not indicate the direction of mining policy over the next 12 months, other than saying it would be investor friendly.

Treatment of Broadcasting Rights in the Two Largest Markets in Sub-Saharan Africa

Broadcasting rights are and have continually become a source of vibrant discussion amongst the various key players, notably the broadcast rights holders, and regulatory authorities trying to find a delicate balance between what oftentimes are competing interests.

Medical Practice: The minefield of saving lives

The recent move to charge a medical practitioner with murder rather than culpable homicide for the death of a patient after surgery is alarming, because it could deter innovation and new entrants to the profession

Good job, Minister Mantashe – now more of the same

Minister Gwede Mantashe and his Department of Mineral Resources and Energy should be complimented for working hard through varying lockdown levels and a personal bout of Covid-19.

Competition Law: Year in Review & Year to Come 2020/2021

We have prepared a high-level review of key competition law developments across Africa in 2020 and insights into expected trends for 2021.

Webber Wentzel's Pan-African offering triumphs at Chambers Africa 2021 Awards

Webber Wentzel was recognised as South Africa Law Firm of the Year at the Chambers Africa Awards 2021.

Changes to the South African Exchange Control Rules

On 4 January 2021 the South African Reserve Bank released Exchange Control Circular No. 1/2021 which provides for the long-awaited relaxation of the South African exchange control rules relating to “loop” structures and investments.

Integrating ESG factors in the investment strategies of institutional investors

A draft revision of the Code for Responsible Investment in South Africa (CRISA) to align it with advances in regulation and governance of ESG issues, has been published for comment.

Land Claims Court judgment underlines the remedial purpose of land claims

In a Land Claims Court judgment on 19 October 2020, Judge Spilg established a precedent for evaluating land claims that places the onus on the Land Claims Commission to ensure that the land intended to be described on the land claim form, and not what was written, is the claim that is investigated

Resignation with immediate effect meaningless when disciplinary hearing occurs in the notice period

In a recent judgment, the Labour Appeal Court had to once again deal with the interplay between resignation with immediate effect and disciplinary action.

4.5% increase to national minimum wage on the cards

The National Minimum Wage Commission has recently published a report with recommendations on the annual review of the national minimum wage for 2021. This is in line with the Commission's overall mandate under section 6 of the National Minimum Wage Act 9 of 2018.

Covid-19 TERS External Audit and Forensic Process underway

On 27 November 2020, the Unemployment Insurance Fund (UIF) announced that it will be implementing its C-19 External Audit and Forensic Process effective 1 December 2020.

IBOR reform has significant implications for SA's financial industry

Since 2017, Interbank Offered Rate (IBOR) reform has been on the cards in many markets around the world. The use of the London Interbank Offered Rate (LIBOR) as a benchmark, is set to be discontinued.

Linklaters' Global Guide: Year in Review 2020 and Year to Come 2021

We have contributed to the Linklaters' global guide series - Year in Review 2020 and Year to Come 2021.

Mining key issues for 2021

2020 was a year of many firsts with countless lessons learnt across the board. In this update our team of experts unpacks the key issues for mining in 2021.

IBOR reform in the context of South African financial institutions

On 27 November 2020, we hosted a webinar titled IBOR reform in the context of South African financial institutions.

Webber Wentzel welcomes new Chief Financial Officer

Aneshree Naidoo has joined Webber Wentzel as the firm's new Chief Financial Officer.

Catch Up With Competition Law Now - November 2020

On 19 November 2020, the Competition Appeal Court delivered a seminal judgment that could significantly impact the way abuse of dominance cases are prosecuted in South Africa.

Decision of interest: Increased abuse of dominance prosecutions possible

On 19 November 2020, the Competition Appeal Court (CAC) delivered a seminal judgment that could significantly impact the way abuse of dominance cases are prosecuted in South Africa.

POPIA, GDPR - or both?

Businesses need to ensure compliance with the General Data Protection Regulation passed by the European Union and with South Africa’s Protection of Personal Information Act by July 2021. Compliance with one, does not, however, ensure compliance with the other.

Working from home: when does supervision infringe on personal rights?

Since Covid-19 lockdowns and self-isolation, remote working with associated overtime claims has become the norm, which presents employers with challenges around monitoring and privacy

AfricaCom - AfricaTech 2020, key takeaways

Webber Wentzel was invited to speak at and attend AfricaTech 2020, held virtually for the first time this year from 9 to 13 November 2020. We include an infographic highlighting key takeaways and other relevant information from the event.

SA Competition Commission plans to zoom in on digital markets

The Competition Commissioner during the Commission's Annual Conference (in November 2020), noted that the Commission will take a "decisive and proactive stance to ensure the balance of economic forces favour a shift to facilitating entry and a more competitive digital economy".

B-BBEE challenged in public tenders

The Supreme Court of Appeal has ruled that the 2017 Preferential Procurement Regulations do not provide the required framework for the application of considerations such as broad-based black economic empowerment contributor status and black ownership to be used for pre-qualification of bidders or as a condition for mandatory sub-contracting in public tenders.

Mining Sector Webinar - Annual Round Up of key legal updates

Watch our recently hosted our annual Round Up of key legal updates in the Mining Sector to help our clients continue to navigate the complexities of the industry and work toward finding a new normal.

Webber Wentzel strengthens its hold on the African funds market with Funds Legal Advisor of the Year award

Webber Wentzel was awarded the 2020 Funds Legal Advisor of the Year at the 9th Annual Private Equity Africa (PEA) GP & Advisor Awards held on 19 November 2020.

Switching over to the Draft Digital Sound Broadcasting Services Regulations

The South African sound broadcasting industry has been waiting patiently for legislative developments regarding the switchover from analogue broadcasting to digital sound broadcasting.

2020 Future Of Jobs Report - World Economic Forum

A recent World Economic Forum report has highlighted evolving trends in the workforce, globally and in South Africa, as the local labour market faces the combined impact of the Covid-19 pandemic and the Fourth Industrial Revolution (4IR)

The CIPC revokes temporary Covid-19 relaxation measures

The Companies and Intellectual Property Commission (CIPC) has announced that the temporary relaxation measures granted to companies during the national lockdown will lapse on 1 December 2020.

Insights from the Competition Commission's 14th Annual Conference

In early November 2020, the Competition Commission held its 14th Annual Conference. The theme of this year's conference was "Competition in a Crisis: Competition policy, regulation and enforcement in unprecedented times".

Is SA open for business? Dealmaking in SA - walking a tightrope | DealMakers

South Africa’s economic performance is at its weakest since the advent of democracy. The 2009 Global Financial Crisis pales in comparison. Real gross domestic product (GDP) fell by -1.5% in 2009, while South Africa expects a decline of at least -7% in 2020.

Professional complaints: One finger pointed at a practitioner could mean four fingers pointed back at the complainant

The case of Holden v Assmang Limited (1277/2019) ZASCA 145 (5 November 2020) concerned the issue of malicious proceedings brought against a professional before the professionals' own professional regulatory body.

New asbestos abatement regulations published

The Minister of Employment has published the Asbestos Abatement Regulations, 2020 which repeal the Asbestos Regulations, 2001.

2017 Preferential Procurement Regulations declared invalid by Supreme Court of Appeal

A recent Supreme Court of Appeal (SCA) matter concerned the validity of the 2017 Preferential Procurement Regulations promulgated under s 5 of the Preferential Procurement Policy Framework Act.

Extended Producer Responsibility Regulations and Three Schemes published as LAW

The Minister of Environment, Forestry and Fisheries published several new laws on 5 November 2020, in terms of the National Environmental Management: Waste Act, 2008. Although this new legal regime has laudable goals of extending the responsibility of a producer to the post-consumer stage of a product's life cycle and to encourage and enable the implementation of the circular economy initiatives, these new laws will have far-reaching financial and practical implications for all that are impacted.

Webber Wentzel commits to UN Women’s Empowerment Principles

On 29 September, Webber Wentzel signed up to the United Nations' Women Empowerment Principles, a seven-step guideline on how to promote gender equality and women’s empowerment in the workplace.

Webber Wentzel wins Johannesburg Firm Award at SASLAW's Annual Pro Bono Awards

Each year, the South African Society for Labour Lawyers (SASLAW) recognises individual attorneys and law firms for their contribution to their advice offices.

Insider trading: recent fines imposed by the FSCA

Recent significant fines imposed by the FSCA on Jooste and others for trading on inside information have highlighted the extensive powers contained in the Financial Markets Act and the dangers of insider trading

Telecom, Tech And Fintech Will Continue To Strengthen | Forbes Africa

Ziyanda Ntshona gives her take on new industries and the barriers to entry for women in the private equity sector.

Advertising Regulatory Board requires adverts and commercials to toe the line with Covid-19 regulations

In a recent decision by the Advertising Regulatory Board against FlySafair, the board found that compliance with Covid-19 regulations extends to "make-believe" marketing initiatives such as advertisements or commercials

POPIA Webinar Series

Webber Wentzel three-part webinar series to help your organisation with POPIA readiness.

The impact of Covid-19 on South Africa’s insurance sector

The Covid-19 global pandemic has caused disruptions to economies around the world and it is no surprise that the South African economy has not been spared.

Catch Up With Competition Law Now - October 2020

On 20 October 2020, the Portfolio Committee on Trade and Industry met virtually with the Department of Trade, Industry and Competition, the Competition Commission and the Competition Tribunal for a briefing on the implementation of the Competition Amendment Act 2018 and investigations relating to the Covid-19 pandemic.

Enabling policies awaited after 4th Industrial Revolution Report

The Presidential Commission Report on the 4th Industrial Revolution makes several strategic recommendations, but it needs to be followed by agile policy and regulation

MEC for Social Development not liable for damages caused to child injured on outdoor playground at preschool

The Supreme Court of Appeal has handed down a judgment confirming that the Member of the Executive Council for Social Development is not liable for damages of a child injured by an outdoor play equipment at a preschool.

Emigrating? NT confirms 3 years wait to access preservation and RA lump sums

National Treasury proposes to introduce a 3-year rule to replace the financial emigration trigger which allows individuals to withdraw all amounts in their preservation funds and retirement annuity funds before retirement.

Employers win in long-awaited judgment on retrenchments and automatically unfair dismissals

In a long-awaited judgment handed down yesterday, the Constitutional Court confirmed that the retrenchment of employees following their refusal to accept alternative employment on new terms and conditions is not automatically unfair where the employer has genuine operational requirements underlying the proposed alternative terms.

Proposed process to manage carbon budgets for the period of 1 January 2021 to 31 December 2022

On 22 October 2020, The Department of Environment, Forestry and Fisheries issued a notice governing the submission of "Subsequent Pollution Prevention Plans" under the National Environmental Management: Air Quality Act, 2004: National Pollution Prevention Plans Regulations, 2017 and the Proposed process to manage carbon budgets for the period 1 January 2021 to 31 December 2022.

Playing safely with Personal Information inside a Regulatory Sandbox

Artificial Intelligence (AI) is driving innovation; with data a critical component to enabling AI. Data often includes personal information which may raise issues from a data protection laws perspective. Sandboxes may, however, create safe spaces for technology innovators.

2020 laws enacted to promote gender equality and protect the rights of the LGBTQI+ community

2020 saw two positive legislative movements likely to ensure significant progressive steps towards fighting discrimination, facilitating gender equality and to the ensuring the rights of LGBTQI+ community in South Africa are upheld.

The Insurance Odyssey 2020 brochure

This publication called 2020: An Insurance Odyssey, is a whirlwind tour of 20 judgments handed down by our Courts over the last 20 years or so, in which certain basic and some rather complicated principles of Insurance Law have been set out and developed.

Smart contracts adoption could be tripped up by legal validity and privacy laws concerns

Covid-19 forced businesses to accelerate the rate at which they adopt and adapt to, technological change. Many businesses are looking to conclude agreements by taking advantage of technology platforms that promise efficiency and cost-savings; including using smart contracts.

Cyber-attacks call for rapid response and strategic leadership

As the experts say, it is not a question of “if” but “when” a cyber-attack will occur in your organisation. Organisations should be preparing their strategy now in the event of a cyber-attack, given the rise in such events

The Proposed Domestication of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade

The Department of Environment, Forestry and Fisheries is proposing domestic regulations (under the National Environmental Management Act, 1998) which embody the requirements of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade.

Amendments to Electricity Regulations on New Generation Capacity gazetted

On 16 October 2020, the Minister of Mineral Resources and Energy, Mr Gwede Mantashe, gazetted amendments to the Electricity Regulations on New Generation Capacity, 2011 in terms of the Electricity Regulation Act, 2006, providing scope for municipalities to develop their own power generation projects, subject to certain requirements.

Key considerations in the White Paper on Audio and Audiovisual Content Services Policy Framework

The Department of Communications and Digital Technologies released a White Paper containing a framework for the provision of audio and audiovisual content services on 9 October 2020.

India and SA request waiver of TRIPS Agreement for Covid-19 treatment

South Africa and India are seeking a waiver of the global agreement on IP rights to enable access to Covid-19 treatments, but more would need to be done in SA on a practical level to make this effective

Level 1 Lockdown regulations – key considerations for employers

Government has published new regulations on the alert level 1 lockdown which took effect at 00h01 on Monday, 21 September 2020.

Resigning after disciplinary action but before sanction – what is the legal effect?

The Labour Court in a recent judgment considered whether an employee who has been found guilty of serious misconduct can avoid the ultimate sanction of dismissal by resigning before the employer imposes the sanction.

A message from Senior Partner, Christo Els

We are slowly seeing an easing of Covid-19 lockdown measures and finding safe ways to transition into the new normal.

Unpacked: ICASA invitation to apply for High-Demand Spectrum and WOAN

ICASA released the long-awaited Invitation-to-Apply (ITA) for both the international mobile telecommunications spectrum, also known as high-demand spectrum, and the wireless open-access network on 2 October 2020.

Life in a remote world: Tax enforcement in TP

Many businesses have had to change the way they operate as a result of COVID-19, with many activities undertaken remotely.

Catch Up With Competition Law Now - September 2020

The Competition Commission has referred the first two Covid-19 related public procurement cases to the Competition Tribunal for prosecution.

Intolerability is a high standard – new Labour Court decision on constructive dismissal

In a recent judgment, the Labour Court confirmed that intolerability is a high threshold in constructive dismissal matters. Intolerability is more than a working environment or working under employment conditions that are difficult, unpleasant or stressful.

The early bird catches the worm

Early dismissal procedures can be used in international arbitration to dispose of defective claims and defences, without incurring the costs of a full hearing.

New Alien and Invasive Species Regime Introduced

On 25 September 2020, the Minister of Forestry, Fisheries and the Environment, gazetted a new set of Alien and Invasive Species Regulations.

Irrigation water users granted time extension to install water measuring devices

On 18 September 2020, the Acting Director General of the Department of Human Settlements Water and Sanitation gazetted a notice extending the timeframe within which irrigation water users must install water measuring devices.

SARS, stand in line: How tax debts rank in business rescue

A company in financial distress may have a variety of outstanding tax debts at the commencement of business rescue.

Can psychometric assessment results be used as a selection criterion during retrenchments?

In a judgment delivered earlier this year, the Labour Court considered the question of whether psychometric assessment results can be used as a selection criterion during a retrenchment process.

Recent UK Supreme Court decision may impact global FRAND licensing

A recent decision by the UK Supreme Court on FRAND licences may initially appear to favour owners of standards essential patents and stimulate global FRAND licensing, but could in the longer term have the opposite effect

Relaxation of loop structures - but at what tax cost?

The envisaged future relaxation of the prohibition on “loop structures” will be accompanied by amended tax laws, but current proposals are likely to result in more tax on certain structures

Competition Commission publishes paper on competition in the digital economy

The Competition Commission has called for comments by 5 October 2020, on its paper titled "Competition in the Digital Economy". Over the last few years, competition and regulatory authorities across the world have been grappling with multi-faceted competition and regulatory issues due to the rise of large tech players, and advances in the digital economy.

Covid-19: Construction Sectoral Guidelines published

At various stages during the Covid-19 pandemic in South Africa, various studies were released on the negative impact that Covid-19 will have on the construction sector.

Webber Wentzel wins at 2020 African Legal Awards

Webber Wentzel had continued success at the 2020 African Legal Awards held on 17 September 2020, walking away with three wins and five "highly commended" honours.

JSE guidance on effective communication with investors

The JSE has identified focus areas for listed companies to consider when raising capital to weather the Covid-19 crisis, including the amount of information they need to disclose

High Court reinforces mining right applicants’ duty to consult

A recent High Court ruling has underscored the more stringent requirements in recent MPRDA amendments for applicants for mining rights to consult with community members

How to navigate a transfer pricing audit to a mutually acceptable outcome

Transfer pricing audits can be onerous, but taxpayers can achieve a more successful outcome by providing all information requested, anticipating areas of concern, and engaging openly with SARS

POP Phase-Out Regulations: Submission of phase-out plans by producers, importers and exporters due

On 10 September 2019, the regulations to phase-out the use, production, distribution, sale, import and export of persistent organic pollutants were published.

Draft code of practice on violence and harassment in the workplace published

The Minister of Employment & Labour has published for comment a Draft Code of Practice on the Prevention and Elimination of Violence and Harassment in the World of Work.

New Covid-19 directions call for the resumption of activities and processes in respect of environmental permits and licences

On 9 September 2020, the Minister of Environment, Forestry and Fisheries published new directions regarding environmental permits and licences under the COVID-19 disaster management framework.

Important Revisions to the Greenhouse Gas Emission Reporting Framework

On 11 September 2020, amendments to the National Greenhouse Gas Emission Reporting Regulations were published, which include the identification of a new competent authority; the re-classification and re-registration of data providers; and provision for revised reporting, verification and validation methodologies.

TERS extended until national state of disaster ends

The Minister of Employment & Labour has announced the extension of the Covid-19 Temporary Employer-Employee Relief Scheme (TERS) benefits until the end of the national state of disaster.

Tribute to a human rights icon - RIP George Bizos | Classic FM

Moray Harthon's tribute to a human rights icon, George Bizos.

Webber Wentzel pays tribute to George Bizos

George Bizos SC, human rights icon, devoted husband and father, dedicated friend and avid gardener, has peacefully passed away.

Webber Wentzel pro bono team helps advance unresolved Apartheid deaths

On 2 September 2020, Webber Wentzel’s pro bono team filed an application on behalf of two relatives to exhume the bodies of the three students who were murdered by the Security Branch of the South African Police 38 years ago.

IFLR1000 recognises four leading women at Webber Wentzel

IFLR1000's Women Leaders has recognised four Webber Wentzel partners in its 2020 Guide, namely Karen Couzyn, Sally Hutton, Safiyya Patel and Angela Simpson.

Want to withdraw retirement funds on emigration? National Treasury and SARS say try again in 3 years' time

The National Treasury published the Draft Taxation Laws Amendment Bill, 2020 (Draft Tax Bill) for public comment.

Tackling buyer power in South Africa

The Competition Commission has offered some guidance on how the new buyer provisions of the Competition Act will affect businesses - providing insights on how complaints will be screened, how long assessments are likely to take and the thresholds that will apply.

Contract mining clarification muddies the water

Proposed amendments to the Income Tax Act limiting capex deductions to mining right holders are likely to have negative consequences, particularly for the junior mining sector

Mining and community engagement: the latest decision

A recent decision of the Supreme Court of Appeal has clarified some issues relating to consultation with affected communities when a mining right is being applied for

Catch Up With Competition Law Now - August 2020

As at 20 August 2020, the Competition Commission announced that it has referred and settled 34 Covid-19 related cases to the total value of over ZAR 15.4 million

Thomson Reuters’ Practical Law - Venture capital investment in South Africa: market and regulatory overview

Webber Wentzel has contributed to Thomson Reuters’ Practical Law - Venture capital investment in South Africa: market and regulatory overview.

EAP Registration Deadline Extended to 8 February 2022

The Minister of Environment, Forestry and Fisheries has announced that Environmental Assessment Practitioners will have until 8 February 2022 to register with the Environmental Assessment Practitioners Association of South Africa.

Key health and safety considerations for the re-opening of sports stadiums

The organisers of sporting events in stadiums, which were suspended in many countries because of Covid-19, will have to comply with existing health and safety legislation, municipal by-laws and Covid-19 protocols as events resume

Interpretation of insurance policies - The importance of clarity | FAnews

We are presently seeing a growing number of court actions being brought by disgruntled insureds against their insurers due to unhappiness with how their pandemic-related claims were assessed.

Life in a remote world - tax enforcement in transfer pricing

The unusual business conditions of the Covid-19 outbreak will require a more flexible approach from tax authorities when analysing transfer pricing in the 2020 year of assessment

The new Cannabis for Private Purposes Bill: taking us forward, backward or nowhere at all?

The recently published Cannabis for Private Purposes Bill has some good elements; but may fail to create a new commercial industry or provide clarity to an area mired in uncertainty. This updates unpacks the key elements of the bill and offers a critique of it.

Webber Wentzel - Sports law offering

Sport has a significant role in South African culture and our country’s impressive and acclaimed track record when it comes to hosting major continental and international sporting events is testament to this.

Lockdown level 2 regulations: explained

Since government announced a move to level 2 lockdown – employers will be grappling with a new norm. This infographic provides a useful overview of the key aspects of level 2.

Focus on quality education and skills development to create an inclusive SA economy - not "box-ticking" compliance

The B-BBEE Commission’s latest report on trends shows an overall decline in black economic empowerment across almost all measured elements.

Draft 2020 Films and Publications Amendment Regulations published

Draft regulations to the Films and Publications Amendment Act, which lay down the conditions for acquiring permits to self-classify content were recently published

POPIA: what employers need to know

The Protection of Personal Information Act 4 of 2013 (POPIA) which came into force on 1 July 2020 places several obligations on employers in terms of managing employees personal information; it also gives certain rights to privacy to employees.

TERS: New direction published

A new direction which regulates the extension of C-19 TERS benefits for the extended application period (1 July - 15 August 2020) was published on 13 August 2020.

Depressed employee's dismissal is not automatically unfair

Depression is an important issue, with about 264 million people suffering from depression according to The World Health Organisation.

Artificial Intelligence has POPIA implications

Organisations using personal data in artificial intelligence applications need to manage it carefully to ensure they remain compliant with POPIA

Psychological testing and other similar assessments of employees - an update

Three years after a relevant High Court ruling, a draft amendment to the Employment Equity Act proposes removing the requirement for HPCSA certification of psychological and other similar employee tests

Covid-19: New directions on isolation and quarantine periods

Recent amendments to Department of Health directions reduce the isolation period for Covid-19, provide new definitions and set out the criteria government will use to determine different alert levels

New obstacles raised against effective healthcare in SA

Recent legal actions against practising medical professionals may deter new entrants and cause experienced practitioners to retire, which has dire consequences for effective healthcare delivery in SA.

Domestics and gardeners - claiming TERS and other UIF benefits

Domestics and gardeners who could not work during lockdown – and received no or reduced income - may receive benefits under the Temporary Employer - Employee Relief Scheme (TERS).

Digital transformation in the financial services sector

Data protection and cybercrime are becoming more pressing issues for financial services companies to address from a legal perspective, as Covid-19 accelerates digital transformation

Catching Covid-19 at work: new COIDA directive issued by Department of Employment and Labour

The Department of Employment and Labour has issued revised guidelines on how to submit claims to the Compensation Fund for Covid-19 contracted in the workplace.

Women's Month

Gender-based violence (GBV) affects one in three women globally and continues to be one of the most notable human rights violations in our society.

B-BBEE Commission releases 2019 national status and trends report

The B-BBEE Commission’s latest report on empowerment trends in 2019 shows an increase in black ownership, but this is not necessarily reflected in management control scores

Catch Up With Competition Law Now - July 2020

The Competition Tribunal found that Dis-Chem Pharmacies Ltd contravened section 8(1)(a) of the Competition Act by charging excessive prices for surgical face masks during the Covid-19 pandemic.

TERS: 8 Key Updates For Employers

The South African Institute of Chartered Accountants (SAICA) hosted a webinar on 30 July 2020 with UIF representatives to discuss the status of TERS. The following is a summary of key points discussed at the webinar. The information below is not yet confirmed by gazetted notices or media statements on the DEL website. If necessary, we will update the information below when these notices or statements are available.

Filing and first payment requirement of carbon tax

As part of the Covid-19 tax relief, President Ramaphosa announced a carbon tax stimulus relief, which entails delaying the filing and first payment of carbon tax by three months.

Details of R340bn infrastructure and energy project pipeline

Government has identified the first Strategic Integrated Projects (SIPs) and a methodology to speed up their implementation, with the aim of accelerating delivery of infrastructure investment to assist with economic recovery

Employment Equity amendment bill to be introduced in the national assembly

On 20 July 2020, the Department of Employment and Labour gazetted the Employment Equity Amendment Bill (EEAB). The EEAB will shortly be formally introduced in the National Assembly.

Incentivising strategic development: RED Zones, Power Corridors & Gas Pipelines

The Minister of Environment, Forestry and Fisheries has proposed further regulatory changes to expedite the development of strategically important infrastructure.

Auto-assessments and the shorter tax filing season

This year, taxpayers should be aware that SARS will be assessing a number of non-provisional taxpayers automatically and has also shortened the 2020 tax filing season

POPIA: Information Regulator invites comment on the Draft Guidelines relating to the registration of Information Officers

Now that the Protection of Personal Information Act, 2013 (POPIA) has commenced, the Information Regulator may be issuing various notices and other guideline documents to give meaning to POPIA.

Interpretation of Insurance Policies: Importance of clarity

At a time of disputes over whether insurers will pay claims arising from the Covid-19 pandemic, a recent court judgment highlights the importance of defining events excluded from insurance policies.

SAGEA Virtual Career Expo 2020

Webber Wentzel is participating in the SAGEA VirtualGradExpo 2020 on the 21 July, 29 July and 13 August 2020.

Deductions available for commission earners

Commission earners could make an argument to SARS that they should be allowed to deduct their normal range of business expenses, even if commission is no longer more than 50% of their total remuneration under the exceptional circumstances of the Covid-19 pandemic.

Lockdown Level 3 revised regulations - Unpacked for employers

We highlight in this infographic some key considerations for employers related to these new regulations.

POPIA unpacked: What you need to know

After years of start and stops - virtually all the operational provisions of the Protection of Personal Information Act 4 of 2013 (POPIA) finally came into force on 1 July 2020.

Data Breaches and POPI: Nowhere to hide

The POPI clock is now ticking and everyone should be aware of what is required by these new laws.

Working together to keep workplaces open and safe through Covid-19

To assist business, five reputable institutions have come together to identify key challenges and risk areas and providing legally compliant, practically implementable solutions based on best in class clinical and engineering input.

More essential services potentially on the cards

On 12 July 2020, the Essential Services Committee announced its plans to investigate whether certain services should be declared as essential.

New Labour Appeal Court decision on pregnancy discrimination

In a recent decision, the Labour Appeal Court (LAC) found that a mining house unfairly discriminated against an employee on the grounds of pregnancy.

Temporary Respite for Companies Trading in Insolvent Circumstances

Many companies may be trading in insolvent circumstances, potentially in contravention of the Companies Act 71 of 2008.

OECD release on corporate statistics - an African comparison

The latest OECD report on corporate tax statistics shows, among other things, that African countries are more reliant on corporate tax revenue than OECD member countries

Labour Appeal Court ruling underscores the importance of safety in mining

The Labour Appeal Court has ruled that it is justifiable to dismiss mine employees for a first-time offence of disregarding safety rules, given the high risks in mines

Is SARS fighting illicit financial flows or just checking up on you?

Under new OECD rules, South African residents with offshore bank accounts are required to provide information to their banks to enable the authorities to check their tax compliance.

Impact of the proposed FICA amendments on crypto asset service providers

On 19 June 2020, The Minister of Finance, in terms of the Financial Intelligence Centre Act, 38 of 2001 (“FICA”), published proposed amendments to Schedules 1, 2 and 3 of FICA for public comment.

Webber Wentzel lends a hand in finding solutions for Covid-19 in South Africa

Webber Wentzel has contributed to help kickstart the National Ventilator Project to build 20,000 ventilators to save the lives of South Africa’s Covid-19 patients.

Who can hold directors accountable for breach of their duties?

This insight looks at two recent South African court cases that considered the rights of shareholders to hold directors accountable for breaching their fiduciary duties.

Proposed amendments to FICA schedules

Proposed amendments to Schedules 1, 2 and 3 of the Financial Intelligence Centre Act (FICA) have recently been published to align FICA with the current International Standards of the Financial Action Task Force as well as recent legislative amendments. Comments on the proposed amendments should be submitted by 18 August 2020.

Webber Wentzel’s Pro Bono team aids rising numbers of tenants threatened with evictions

Webber Wentzel’s Pro Bono team is being called upon to assist an increasing number of families who are being subjected to unlawful and lawful evictions as a result of Covid-19 lockdown laws.

The Project Finance Law Review (2nd edition) - Government Procurement

Webber Wentzel has contributed to The Project Finance Law Review (2nd edition). This edition builds on the work from the inaugural edition, expanding both the scope and depth of the resource offered.

Webber Wentzel and leading Ethiopian law firm, Tadesse Kiros Law Office, announce signing of bilateral agreement

Webber Wentzel and leading Ethiopian law firm, Tadesse Kiros Law Office recently signed a bilateral agreement. The agreement will deepen and formalise the relationship between these leading firms and create a stronger platform to serve you in Africa.

Catch Up With Competition Law Now - June 2020

On 12 June 2020, the Minister of Trade, Industry and Competition published an amendment to the Regulations pertaining to the Covid-19 Block Exemption for the Retail Property Sector.

New decision of interest: Constitutional Court delivers seminal prescription judgment

On 24 June 2020, the Constitutional Court handed down judgment in an application for leave to appeal against the Competition Appeal Court's decision in the matter involving the Commission and Pickfords Removals SA (Pty) Ltd.

Minister Creecy sets the tone for the regulation of extended producer responsibility in identified waste sectors

Section 18 of the NEM: Waste Act provides the framework for the identification of products or classes of products in respect of which the extended producer responsibility (EPR) applies, as well as for the specification of EPR measures to be taken in respect of such products and their related wastes.

Lesetlheng Community makes peace with Pilanesburg Platinum Mines

Since 2012, when Pilanesberg Platinum Mine acquired mining rights over the farm Wilgespruit, the Lesetlheng Land Committee has engaged in a longstanding dispute and many court battles with the mine.

Practical Law: Venture capital investment in South Africa guide

The Thomson Reuter's Practical Law - Venture capital investment in South Africa: market and regulatory overview is available. This Q&A guide to venture capital law in South Africa gives a high level overview of the venture capital market.

Partner Promotions

Webber Wentzel has appointed 10 new partners across 7 practice areas. The new partners are: Tamryn Blackbeard, Jessica Braum, Mehnaaz Bux, Carla Collett, Riyaad Cruywagen, Ziningi Hlophe, Venashrie Mannar, Andre October, Tyron Theesen and Gitte Truter.

Covid-19 database includes a greater focus on public's right to privacy

Although the law permits the National Department of Health (DOH) to develop and maintain a national database to assist in combatting the spread of Covid-19, which includes contact tracing and geospatial hotspot mapping, there have been some new amendments to the laws.

More (tax) reasons to #stayhome

As more and more South Africans adjust to the new normal of working from home, we examine below whether there are any tax deductions available from doing that.

Back to business for restaurants, cinemas, theatres, casinos and others

Following new amendments, employers who operate restaurants, cinemas, theatres, casinos, museums, galleries, libraries, archives and conference centres as well as personal care services (eg hairdressers and tattoo parlours) may open again. Certain sporting (contact and non-contact) activities are also permitted to resume.

Sustainable Infrastructure Development Symposium 2020 takeaways

At the infrastructure symposium held on 23 June, representatives from the public and private sectors discussed how they could co-operate on infrastructure renewal projects in energy, transport, water and human settlements, digital infrastructure, agriculture and district development. This update looks at key takeaways from the symposium.

Spotlight on empowerment-related criteria for access to State financial relief in times of crisis

In a recent case, the Gauteng High Court ruled that empowerment-related criteria should be taken into account when allocating relief funds to assist SMMEs through the Covid-19 crisis, but ordered that the relevant regulations be redrafted to be less vague.

New directions for personal care services and communications and digital technologies sector gazetted

The Minister of Small Business Development has gazetted a Covid-19 direction for personal care services. These protocols supplement the existing level 3 lockdown regulations and directions (particularly the directions issued by the Department of Employment & Labour and Department of Health).

June applications for C-19 TERS are now open

The UIF has opened June applications for TERS. Visit www.uifecc.labour.gov.za/covid19 to apply.

Examining the impact of selling restrictions in B-BBEE transaction documents

Restrictions on the sale of a Broad-Based Black Economic Empowerment (B-BBEE) shareholder's interest in a company is often a contentious point of negotiation in a B-BBEE transaction.

Facts of a disciplinary enquiry may be taken into account when debarring a representative under FAIS Act

A Supreme Court of Appeal decision considers the interplay between disciplinary inquiries convened under the Labour Relations Act and debarments of representatives under the Financial Advisory and Intermediary Services Act. The SCA also considered how to deal with institutional bias of debarment decision makers. Prior to this judgment, it was not clear whether a disciplinary hearing convened in terms of the LRA is sufficient to satisfy the procedural fairness requirements in relation to PAJA and the FAIS Act.

Recent High Court decision wrong - no work no pay principle during lockdown upheld by Labour Court

In a recent judgment, the South Gauteng High Court placed two Johannesburg restaurants into business rescue after they failed to pay employee salaries during lockdown. The court did not accept the restaurants' defence that it could not pay salaries due to the impact of the nationwide lockdown. In summary, this High Court judgment is not correct, employers who applied the no work no pay principle during lockdown and who claimed TERS benefits for their employees should not be distressed about their course of action, which was correct.

New broom to sweep clean at SARS' VDP Unit?

On 19 June 2020, Webber Wentzel participated in the SARS' Voluntary Disclosure Programme Feedback Survey for 2020. This insight piece sets out the key concerns discussed by Webber Wentzel and other participants.

Framing the dismissal dispute referral as an unfair dismissal dispute or automatically unfair dismissal dispute: does it eve

In a judgment handed down on 6 May 2020, the Constitutional Court (CC) confirmed that the Labour Court has jurisdiction to adjudicate an automatically unfair dismissal dispute where the underlying dispute referred to conciliation at the CCMA was classified and dealt with as an unfair dismissal dispute and not as an automatically.

Sustainable Infrastructure Development Symposium 2020 Programme released

Further to our recent update about the inaugural Sustainable Infrastructure Development Symposium of South Africa (SIDSSA) on 23 June 2020, the programme for the symposium (which will be run off a live stream via either YouTube or Facebook) has been released.

Further developments to the carbon tax framework: Regulations regarding allowances and renewable energy premiums

On 19 June 2020, Minister of Finance, Tito Mboweni, finalised the Trade Exposure Allowance Regulations and GHG Emission Intensity Benchmark Regulations for the purposes of calculating the respective allowances permitted under the Carbon Tax Act, 2019 (the Act). Minister Mboweni further gave notice of the renewable energy premiums for the tax period ending on 31 December 2019 for the identified renewable energy sources, for purposes of competing the carbon tax payable in respect of the generation of electricity from fossil fuels.

Tick-tock: The POPI countdown will commence on 1 July 2020

Virtually all of the remaining provisions of the Protection of Personal Information Act 4 of 2013 (POPIA) are finally set to commence according to an announcement by President Ramaphosa this morning, 22 June 2020. The announcement comes after an almost 6 year wait since April 2014, when certain provisions of POPIA commenced, such as those provisions that established the office of the Information Regulator, and set out the office's powers, functions and duties, as well as those provisions which enable the Minister to make various regulations under POPIA.

Covid-19: Do's and Don’ts for Contact Tracing by Employers

Under alert level 3, most businesses that were prohibited from operating can reopen. In their return to work strategies, employers are required to comply with certain legal obligations, including undertaking contact tracing activities and to submit to government the data of: (1) employees who have tested positive for Covid-19; and (2) any other persons who may have been exposed to the virus through such infected employees. Sector specific health protocols also exist and must be complied with when applicable.

Joint Standard on margin requirements for non-centrally cleared over-the-counter derivative transactions published

On 2 June, the Financial Sector Conduct Authority and the Prudential Authority published Joint Standard 2 of 2020, dealing with margin requirements for non-centrally cleared OTC derivative transactions. The objectives of the standard include achieving consistent pricing across the OTC derivatives market and international compliance. This update highlights key features likely to be of interest to banks and asset managers.

Infrastructure development companies gear up for inaugural SIDSSA

On 23 June 2020, President Cyril Ramaphosa will host the inaugural Sustainable Infrastructure Development Symposium of South Africa (SIDSSA), when government will lay out its long-term pipeline of priority projects for construction and infrastructure development companies.

Revised Covid-19 Direction on Health & Safety in the Workplace

The Minister of Employment and Labour has issued a revised Covid-19 Direction on Health & Safety in the Workplace. The Direction applies to all workplaces except mines, ships, boats or cranes and any other workplace which is regulated by a different direction on health and safety. This infographic highlights the new provisions of this Direction.

Webber Wentzel wins Law Firm of the Year at the SAPSA Awards

Webber Wentzel was recognised as the 2019/2020 Law Firm of the Year at the South African Professional Service Awards that were held virtually on 11 June 2020.

Covid-19: An update on vulnerable employees and the workplace

The Minister of Employment and Labour has published a revised Covid-19 Direction on Health & Safety in the workplace dealing specifically with vulnerable employees. Employers and employees alike will need to be aware of the terms of this Directive.

Health & safety in the workplace: Employees' right to refuse to enter a dangerous workplace in light of the Covid-19 pandemi

The Minister of Employment and Labour issued a Directive on 4 June, under the Disaster Management Act (DMA), to provide clarity on an employee's right to refuse to work due to Covid-19. Employers and employees alike will need to be aware of the terms of this Directive

Covid-19 – Key insights for fund managers

Covid-19 has, and will continue to, impact the private equity industry. Webber Wentzel and BLC Robert and have joined forces to answer some key questions which, based on their combined experience, are of particular relevance to fund managers.

Take a Stand

The death of George Floyd highlights great injustice and continued lack of equality in the world. This incident reminds one of the recent deaths we have seen here in South Africa at the hands of enforcement agencies during the lockdown. These terrible incidents are the result of deep systemic failures, often involving racism. As a law firm, we condemn all forms of discrimination, racism and any abuse of public power in the strongest possible terms.

Environmental considerations for surviving Covid-19

The Covid-19 pandemic is having a devastating impact on businesses and economies across the globe.

SARS and the fiscus may benefit when executives have to pay back

On occasions when company executives have to pay back a portion of their remuneration, the fiscus may unjustifiably benefit at the expense of employers from the tax previously paid on these amounts. This situation could be made fairer by adding a simple provision to the Income Tax Act.

Business rescue and liquidation have consequences for intellectual property

Intellectual property is often overlooked when a business is compelled to seek business rescue or liquidation but it may form a valuable asset, requiring decisions to be made on whether to sell it or maintain it.

Recent AMSA Judgment – Far-reaching implications for waste management

The Supreme Court of Appeal judgment handed down in the matter of Minister of Environmental Affairs v ArcelorMittal South Africa Ltd in April this year has far-reaching implications for how "waste" (as defined) is regulated under the National Environmental Management: Waste Act, 2008.

Retrenchments - What do employers need to know?

Covid-19 has had a devastating effect on the global economy as well as the South African economy.

Covid-19: Temporary exemption from holding physical general meetings to help companies raise capital

During the Covid-19 crisis, issuers are facing challenges in holding the general meetings which are required in a number of instances under the Listings Requirements of the JSE Limited.

What post-COVID Restructuring & Insolvency means for environmental compliance

As the marketplace enters unchartered territory for corporate governance in response to the COVID-19 pandemic, an increase in business restructurings and insolvency (R&I) proceedings is becoming commonplace for those companies struggling to recover from the pandemic's devastating effects.

Business rescue or liquidation - what is best?

As more financially-distressed businesses seek solutions after Covid-19, the pros and cons of business rescue must be weighed up against those of liquidation to protect the interests of all involved

Catch Up With Competition Law Now - May 2020

On 19 May 2020, the Competition Commission presented a report to the Portfolio Committee on Trade and Industry and the Select Committee on Economic Development, Small Business Development, Tourism, Employment and Labour on its efforts to address price gouging of essential items during the period of national disaster.

Business rescue offers a framework, not a solution

South African businesses under pressure from the Covid-19 effects may be tempted to apply for business rescue, but the process has a better chance of success if the board takes early steps to find solutions

Implications of the new policy objectives of the Competition Act

A number of fundamental changes to the Competition Act demonstrate government's strengthened policy commitment to drive radical economic transformation in South Africa, and are likely to be more regularly used in the midst of Covid-19.

10 Key Considerations For Employers - Moving into Level 3 Lockdown on 1 June 2020

As South Africa faces lockdown level 3 lockdown, government has published amendments to the lockdown regulations. We set out in this infographic, 10 key considerations employers need to be aware of.

Covid-19: can employees withdraw from the workplace?

Employees returning to work from the Covid-19 lockdown will need to show reasonable justification if they halt work on the basis that they are exposed to the virus.

May applications for Covid-19 TERS are now open

The UIF has opened May applications for TERS. Employers who wish to submit May applications for TERS are encouraged to visit the TERS application website to apply.

Is this the final boarding call for the aviation sector?

With airlines across the world collapsing, can business rescue proceedings assist the ailing South African aviation industry?

Estimating the tax effects of the sale of a business in the hands of a seller

Tax practitioners are often asked to calculate the indicative effects of the prospective sale of a business (assuming no roll-over relief applies) for the seller.

Covid-19: Companies in financial distress - Practical M&A considerations in restructuring

The Covid-19 Lockdown has battered the already ailing South African economy. Despite the pending lift of the Lockdown, companies will likely battle to stay afloat as the full impact of the pandemic plays out.

Final standards on delegation of administration functions by CIS managers

The Financial Services Conduct Authority has published the final conduct standards for managers of Collective Investment Schemes to follow when delegating administrative functions, to ensure all potential risks are managed.

Covid-19: Emergency measures & investor-state arbitration claims

The unprecedented nature of the Covid-19 pandemic has re-kindled debates around the appropriateness of investor-state dispute settlement (ISDS) provisions in bi- and multi-lateral investment treaties. This article unpacks the key issues around the debate.

Covid-19 tax relief measures and time concessions

The following is a summary of the Revised Draft Disaster Management Tax Relief Bill and Revised Draft Disaster Management Tax Relief Administration Bill, Draft Explanatory Memorandum, National Treasury Media Statement and Draft rule amendments of the Customs and Excise Act 1964.

Mine employers & Covid-19 - the Guidelines & Mandatory Code of Practice unpacked

The Department of Mineral Resources and Energy has issued Guidelines for a Mandatory Code of Practice on the Mitigation and Management of Covid-19.

E-commerce health & safety protocols unpacked

On 14 May, the Minister of Trade, Industry and Competition issued new directions on e-commerce sales during the level 4 lockdown, taking a positive step towards reopening the economy.

Covid-19: Vulnerable employees and the workplace

According to the World Health Organisation (WHO), based on evidence currently available, there are two groups of people who are at higher risk of contracting severe Covid-19 disease

Competition Commission publishes final Buyer Power Guidelines

On 18 May 2020, the Competition Commission published its final Buyer Power Guidelines. Earlier this year, the new buyer power provisions of the Competition Act 89 of 1998 came into effect.

Mauritius Listed on EU High Risk List – Why not to Panic!

News that Mauritius was added to the EU list of high-risk third countries on 7 May 2020 has understandably caused much consternation amongst fund managers who have fund structures and investment holding vehicles domiciled in Mauritius.

Covid-19: Level 4 lockdown - What employers need to know

Following the President's speech on 13 May 2020, South Africa will remain in Level 4 lockdown until the end of May – and in some high infection rate areas, Level 4 may still continue beyond then.

e-Commerce limits under level 4 makes no cents

As the dust settles on another day in what most of the world calls our 'new normal', I hop online for yet another virtual grocery shop, thanks to Covid-19.

A sneak-peek at the future of crypto asset regulation in South Africa

The Intergovernmental Fintech Working Group has released its long-awaited position paper on Crypto Assets following the initial consultation paper published in 2019.

Covid-19: CIPC recognises Business Rescue filings made during initial lockdown period

Under the Companies Act, 2008, a business rescue initiated by the board of a company only formally starts once the necessary resolution is filed with the Companies and Intellectual Property Commission.

Big Data and the South African Financial Services Sector

Changes in the way customers expect to engage with the financial services sector and increasing pressure from regulators is compelling financial services companies to come up with innovative ways to manage their data.

Covid-19: Ensure opportunistic product offerings are legally compliant

Demand for new products to combat Covid-19 infections presents an opportunity for businesses under strain, but they should be aware of advertising, medical and intellectual property restrictions.

Learning from Edcon’s misfortunes

Edcon, one of southern Africa’s largest non-food retailers, which has operated for 90 years, has been placed in business rescue. This has significant consequences for retail in South Africa as well as for many stakeholders, including thousands of employees, creditors and shareholders.

Webber Wentzel strengthens its restructuring and insolvency team

Webber Wentzel recently reinforced its highly-respected Restructuring & Insolvency (R&I) offering with the appointment of two market-leading experts, Julian Jones and Khurshid Fazel.

Covid-19: How to manage 'place of effective management' tax risk during lockdown

Covid-19 is only anticipated to peak in South Africa (SA) in September 2020, with international air travel only being permitted once the current lockdown restrictions are reduced to Level 1.

Covid-19 and downgrades: Director's duties unpacked

During 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 Investors Service.

Covid-19 excessive pricing consent agreements provide important insights

The Competition Tribunal has now confirmed three consent agreements relating to Covid-19 excessive pricing complaints.

Catch Up With Competition Law Now - March and April 2020

The Competition Tribunal has now confirmed three consent agreements relating to Covid-19 excessive pricing complaints.

Covid-19: TERS - 5 important updates

Since the launch of TERS, there has been (almost) daily changes introduced by the Unemployment Insurance Fund.

Planning for a safe return to work all risks considered

Government has announced the implementation of a risk-adjusted strategy in easing the nationwide lockdown. This strategy entails the use of a system of alert levels applicable nationally and provincially.

Covid-19: Arbitration may avert the massive court backlogs

South African courts already face massive issues related to backlogged matters. Court closures and hearing of limited matters to flatten the Covid-19 curve will raise further delays in resolving disputes.

Covid-19 and SA courts

On 23 March 2020, President Cyril Ramaphosa announced that the National Coronavirus Command Council has decided to enforce a nation-wide lockdown, commencing at midnight on Thursday 26 March and enduring for 21 days (until 16 April 2020) in an attempt to reduce the spread of Covid-19 in South Africa.

Covid-19: Providing essential financial services? – here's a summary of everything you need to know

The regulations published to give effect the national lockdown directed the Prudential Authority and Financial Sector Conduct Authority to issue directives and guidance to all financial institutions under its jurisdiction in respect of precautionary measures to be taken when performing essential financial services.

Covid-19: Directive to financial institutions on precautionary measures when performing essential financial services

The Financial Sector Conduct Authority and Prudential Authority issued a directive on 9 April 2020, under the Disaster Management Act, setting out appropriate precautionary measures that financial institutions performing essential financial services should follow during the Covid-19 lockdown.

Ready for "life after lockdown"? Legal considerations for mines in getting safely back to work

Employers will have to take various steps to comply with directives and protect their employees when normal operations are allowed to resume after the Covid-19 lockdown period. In this note, we highlight the important issues.

Covid-19: Employment relief and reputational risk for banks and insurers

During the period of national lockdown caused by the outbreak of Covid-19, companies will have to shut down and employees potentially laid off temporarily.

Decision clarifies the law on the deduction of transportation, insurance and handling of mineral costs - section 6(3)(b) of the Mineral and Petroleum Resources Royalty Act

A recent decision by Supreme Court of Appeal will be welcomed by the relevant taxpayers for clarifying the law on the deduction of transportation, insurance and handling of mineral costs in terms of section 6(3)(b) of the Mineral and Petroleum Resources Royalty Act, 28 of 2008.

Covid-19: Is there a new normal for healthcare practitioners?

Doctors and other healthcare practitioners need to be aware of regulations that apply to them during the outbreak of Covid-19 and national lockdown - particularly the risk of being held criminally liable for assault, attempted murder or murder if they intentionally expose others to Covid-19.

Covid-19: Mine operations during extended lockdown

On 16 April 2020, the South African Government announced the following amendments to the Regulations promulgated under the Disaster Management Act 57 of 2002 to prevent and combat the spread of Covid-19 dated 11 April 2020.

Covid-19: 16 April 2020 government updates in simple terms

On 16 April 2020, government ministers presented amendments to the current lockdown restrictions. We set out the 10 key takeaways.

Covid-19: relief for JSE-listed companies in relation to certain financial reporting obligations

The ability of listed companies to meet their financial reporting obligations has, in many instances, been severely impacted by the Covid-19 crisis.

Covid-19: Key considerations for call centres

On 9 April 2020, the Minister of Health and Minister of Trade, Industry and Competition issued a directive under the Disaster Management Act Regulations to clarify the extent and conditions upon which call centres may operate during the lockdown.

COVID-19: extension of MPRDA timeframes

In response to the Covid-19 crisis and national lockdown, the Minister of Mineral Resources and Energy has gazetted Directions under the Disaster Management Regulations to extend certain timeframes laid out in the Mineral and Petroleum Resources Development Act (MPRDA) and MPRDA Regulations relating to permissions, rights and permits.

Maintaining good corporate governance during extraordinary times

The Covid-19 pandemic and emergency measures taken by the South African Government have caused unprecedented business disruption.

Covid-19: Expansion of block exemption for the healthcare sector

On 8 April 2020, the Minister of Trade, Industry and Competition published amendments to the Covid19 Block Exemption for the Healthcare Sector 2020 Regulation issued on 19 March 2020.

Telemedicine: protecting patient information remains paramount

Global utilisation of telemedicine has grown rapidly due to the Covid-19 pandemic, and particularly in South Africa.

COVID-19 infographic: Tracking Impact in Sub-Saharan Africa

The challenges of both fighting a pandemic and running a business at the same time are complex. This complexity is increased exponentially for businesses which operate in multiple jurisdictions.

Webber Wentzel uses technology to resolve disputes throughout Covid-19 lockdown

Webber Wentzel is encouraging its clients to use its technology tools and capability to progress and resolve disputes during the Covid-19 lockdown, rather than postpone matters indefinitely.

Covid-19: Electronic communications service providers must disclose information to tracing database

The Minister of Co-operative Government and Traditional Affairs has published amendment regulations authorising the national Department of Health to develop and maintain a national database to enable people to be traced who are known or reasonably suspected to have come into contact with any person known or reasonably suspected to have contracted Covid-19.

Covid-19: Unpacking the new regulations for the ICT industry

The Independent Communications Authority of South Africa (ICASA) released the ICT Covid-19 National Disaster Regulations on 6 April.

ICASA issues draft amendments to licensing and broadcasting services regulations

On 19 March 2020, the Independent Communications Authority of South Africa (ICASA) published draft amendments to the Class Licensing Processes and Procedures Regulations, 2010 and the Standard Terms and Conditions for Class Broadcasting Services Regulations, 2010.

The JSE issues guidance on the impact of Covid-19

JSE-listed companies may have to fulfil various duties under the Listings Requirements in relation to disclosures of the impact of Covid-19 on their businesses, scheduled shareholders’ meetings and changes to dividend declarations.

Impact of B-BBEE Commission's closure on processes & submissions of documents

The B-BBEE Commission, like many other regulators, has had to close its offices from 27 March to 16 April 2020 as a result of the national lockdown declared on 23 March 2020.

Covid-19: Telemedicine offers healthcare solutions - SABC Channel Africa

SABC Channel Africa - Associate at Webber Wentzel, Erwyn Durman shares how Telemedicine offers healthcare solutions.

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Covid-19: Anticipated impact on M&A transactions in South Africa

Restrictions on travel, a fundamentally-changed business operating environment and the limited availability of regulatory services in the wake of the Covid-19 crisis will require buyers and sellers to review various aspects of M&A transactions.

Covid-19: A Profitable Opportunity for Cyber-Criminals

Covid-19 — the virus which is shaking the world — is rapidly increasing the number of employees who work remotely.

Covid-19: Lockdown laws – the unanswered questions

What happens if specific time limits are imposed for action to be taken in terms of acts, by-laws, regulations, policies and other instruments and adherence to these time limits is impacted by the lockdown?

Shipping, Ports and Travel - Update & guidelines on Covid-19 - SAMSA Notice

The South African Maritime Safety Authority, published Marine Notice 21, dated 31 March 2020, which contains Directions issued by the Minister of Transport in terms of Regulation 10(7) of the Lockdown

Covid-19: Pension boards may assist financially distressed employers & employees

To address the impact of Covid-19 and the nationwide lockdown on financially distressed employers and employees, the Financial Sector Conduct Authority issued Communication 11 of 2020, highlighting section 13A of the Pension Funds Act 24 of 1956 which regulates the payment of contributions and certain benefits to pension funds.

Covid-19: What the lockdown means for environmental applications & administrative timeframes

On 31 March 2020, Minister Creecy published directions in terms of the recently promulgated Disaster Management Act Regulations, whose purpose, in curtailing the threat posed by the Covid-19 pandemic, is to ensure fair processes governing licensing, public participation and appeals; reporting requirements; and the provision of waste management services during the lockdown period (Directions).

Recent developments relating to emissions standards

On 27 March 2020, the Minister of Environment, Forestry and Fisheries, Barbara Creecy, published further amendments to the Listed Activities under the National Environmental Management: Air Quality Act, 2004.

Covid-19: Impact on banks, non-insurance financial institutions & expectations on regulated entities

In response to the Covid-19 emergency, the South African Reserve Bank and the South African financial sector regulators, the Prudential Authority and the Financial Sector Conduct Authority, have implemented several mitigation measures to support the economy and companies.

Don’t approach courts until prejudice suffered - exploration rights under MPRDA

Can an application for an exploration right in terms of section 79 of the Mineral and Petroleum Resources and Development Act, and the process followed in considering whether to award an exploration right, be reviewed prior to the exploration right being granted?

Webber Wentzel services its clients with different channels through lock-down

In support of President Cyril Ramaphosa’s efforts to “flatten the curve” of Covid-19 infections over the next few weeks, Webber Wentzel has closed its physical offices in Johannesburg and Cape Town for the 21-day national lockdown.

Covid-19 and Competition Law: clothes, coffee shops, care services and more

Businesses are facing uncertainty worldwide as a result of the Covid-19 pandemic. Their rights and obligations have come into question, with competition authorities worldwide moving swiftly to provide clarity and guidance.

Covid-19: Frequently-asked questions on electronic signatures

Organisations have widely implemented remote working arrangements in response to the Covid-19 crisis.

.ZA sites must link to government's Covid-19 portal

In a further move to curb “fake news”, government is requiring all internet sites ending with “.za” will have to include a visible link on their landing page to the Covid-19 South African Online Portal at "www.sacoronavirus.co.za".

MPRDA regulations widen the obligation to consult

New amendments to regulations to the Mineral and Petroleum Resources Development Act take the requirement for mines to consult on their environmental impacts and Social and Labour Plans one step further, to “meaningful” consultation.

Covid-19: Telemedicine offers healthcare solutions

Following the President's address on 23 March 2020, South Africans may be wondering how to obtain access to health services from healthcare practitioners during lockdown.

Covid-19: Tax relief proposed by the President

The address by President Cyril Ramaphosa on Monday, 23 March 2020, set out certain fiscal relief measures to help small and medium enterprises and vulnerable firms mitigate cash flow constraints as a consequence of the COVID-19 outbreak.

Covid-19: Electronic signatures in lockdown times

In business, handwritten signatures are required on nearly every document. However, in the wake of the Covid-19 outbreak it has become almost impossible to obtain multiple original handwritten signatures on the same document.

Covid-19: Takeaways for the private equity industry

South Africa started 2020 on the ropes with economists generally expecting the annual GDP growth to be below 1%.

Covid-19: Closed Trade Marks, Designs, Patents & Copyright Offices raise further risk for the economy

One only has to look back in history to appreciate the extent to which necessity is indeed the mother of invention.

Covid-19: Assessing risk - patent infringements in public healthcare emergencies

Patented technology holds the key to many solutions that assist medical professionals daily in the diagnosis and treatment of patients.

Covid-19: Competition exemptions for banking & retail property sectors

On the back of the declaration of COVID-19 as a national disaster and the subsequent publication of the COVID-19 Block Exemption for the Healthcare Sector under the Competition Act, 1998, the Minister of Trade, Industry and Competition (the Minister) on 23 and 24 March 2020 published the Block Exemptions for the Banking Sector and Retail Property Sector, respectively.

Covid-19: CIPC's limited services during national lockdown

The Companies and Intellectual Property Commission announced on 24 March 2020, that it will be closing down all services relating to companies, close corporations and co-operatives as of 16:00 on 24 March 2020 until 1 April 2020.

Global Legal Insights: Banking Regulation 2020: South Africa

Webber Wentzel has contributed to the Global Legal Insights (GLI): Banking Regulation 2020 Guide.

Covid-19: You cannot refuse medical treatment or testing

The regulations related to COVID-19 published on 18 of March 2020 make testing and treatment for COVID-19 mandatory in certain circumstances.

Don't be a Covid-19 criminal

Following President Cyril Ramaphosa's speech on Sunday evening, the state published new regulations related to Covid-19, in terms of the Disaster Management Act on 18 March 2020.

Fake news about Covid-19 now a criminal offence

As COVID-19 infections spread rapidly around the globe and governments everywhere scramble to limit infections, fake news about the disease on social networks has become a major problem.

Employment and health & safety implications of the Covid-19 disaster management regulations

New regulations to contain the outbreak of COVID-19 in South Africa were released on 18 March 2020. Many of these regulations will impact employers to varying degrees.

Covid-19 will impact employers: how bad can things get?

The Minister of Health recently announced that approximately 60-70% of South Africans will become infected with COVID-19, with 20% of those infected being serious cases.

Shipping, Ports and Travel - Update & guidelines on Covid-19

Following President Ramaphosa's address to the nation on 15 March 2020, declaring the Covid-19 outbreak a national state of disaster, new regulations have been published in terms of the National Ports Act (effective 18 March 2020) which have a significant effect on shipping, ports, international trade and travel related matters.

NERSA Invitations to comment on the concurrence with two Ministerial Determinations for the procurement of new energy generation capacity

On Wednesday 18 March 2020, the National Energy Regulator of South Africa ("NERSA") published two consultation papers: the first, entitled "Concurrence with the Ministerial Determination on the procurement of new generation capacity from the range of energy technologies" in respect of 2,000MW and for which the closing dates for comments is 14 April 2020 (the "2,000MW Determination Consultation Paper"); and the second, entitled "Concurrence with the Ministerial Determination on the procurement of new generation capacity from Renewables (Wind and Photovoltaic), Storage, Gas and Coal technologies" in respect of 11,813MW and for which the closing date for comments is 7 May 2020 (the "11,813MW Determination Consultation Paper").

Covid-19: Competition & consumer law developments affect consumer & healthcare sectors

On 19 March 2020, the Minister of Trade and Industry published the COVID-19 Block Exemption for the Healthcare Sector and the Consumer and Customer Protection and National Disaster Management Regulations and Directions under the Competition Act, 1998, the Consumer Protection Act, 2008 and the regulations issued in terms of the Disaster Management Act, 1957 on 15 March 2020 in terms of which COVID-19 was declared a national disaster.

Covid-19 spurs technology deployment

Technology will undoubtedly be one of the beneficiaries of the latest control measures announced by President Cyril Ramaphosa to contain the spread of COVID-19.

Environmental emergencies as a consequence of Covid-19

The National Environmental Management Act, 1998 defines an "emergency situation" as one that has arisen suddenly that poses an imminent and serious threat to the environment, human life or property.

Covid-19: a new environment for insurers and claimants

After the likely spike in insurance claims arising from the COVID-19 pandemic, insurers are likely to introduce new or changes to existing exclusionary clauses which were not previously considered to be necessary.

Covid-19 and Business Interruption – are you covered?

The out-break of Covid-19, which originated in China and has since spread to most of the world, is one of the most serious threats to public health in recent times.

Ergonomics: a new reality for employers in South Africa

On 10 March 2020, Department of Employment and Labour launched the Ergonomics Regulations, 2018 which came into effect on 6 December 2019.

Workplace preparedness guideline on Covid-19 released by Department of Employment & Labour

The Department of Employment & Labour has released a new guideline for employers on workplace preparedness within the context of Covid-19.

Covid-19: flagging significant commercial & legal issues

The outbreak of the novel coronavirus (Covid-19) has caused disruption across the world and very recently South Africa.

Understanding the role that fund financing is increasingly playing in the PE sector

Over the past decade, fund financing has played an increasingly important role in private equity.

Covid-19 & performance on contracts - unpacking key issues

With Covid-19 declared a global pandemic, the potential impact on a party's ability to perform in terms of a contract is far-reaching.

Covid-19 - What we at Webber Wentzel are doing

At Webber Wentzel, we remain committed to taking proactive measures to ensure the safety and wellbeing of our employees, our clients and our service providers. Maintaining a safe and healthy workplace and doing everything we can to get this under control is our priority.

Changes to the requirements and process relating to the CIPC compliance checklist

Following our e-alert of 13 February 2020, the Companies and Intellectual Property Commission issued a notice on 5 March 2020, advising of some changes to its compliance checklist requirement.

What PE fund managers need to know to tap into the family office investors

Over the past few years family offices have become increasingly significant players in financial markets. These offices, which invest on behalf of the world's ultra-wealthy, have substantial, and growing, pools of money.

The coronavirus: implications for employers in South Africa

The Department of Health has confirmed the first case of the novel coronavirus (Covid-19) in South Africa. There is a strong likelihood that there will be other cases of Covid-19 across the country.

Draft framework to qualify to operate a Secondary Geo-Location Spectrum Database introduced by ICASA

The Independent Communications Authority of South Africa (ICASA) has published a Notice Inviting Comments Regarding the Draft Framework to Qualify to Operate a Secondary Geo-Location Spectrum Database.

Catch Up With Competition Law Now - February 2020

The Competition Appeal Court upheld an appeal by Uniplate Group (Pty) Ltd against a decision of the Competition Tribunal.

Welcome changes to South Africa's IP exchange controls announced

The South African Reserve Bank currently administers restrictive export controls in respect of SA-owned intellectual property.

Carbon Tax rate increase

In Finance Minister Mboweni's Budget Speech and Budget Review of 26 February 2020, it was announced that the tax rate under the Carbon Tax Act, 2019 will increase by 5.6% for the 2020 calendar year.

OECD/G20 - understanding the proposed Inclusive Framework & the tax challenges of the digital economy

On 31 January 2020, the OECD/G20 Inclusive Framework released a statement which sets out its approach to tackling the tax challenges of the digital economy.

Big news for big buyers and suppliers

What businesses need to know about new buyer power and price discrimination laws

A sensible 2020 Budget, focused on growing the SA economy

Finance Minister Tito Mboweni’s 2020 Budget demonstrates a welcome shift in emphasis towards measures to stimulate the South African economy rather than increase tax collections.

SA National Minimum Wage will increase on 1 March 2020

The Minister of Employment and Labour has recently announced that these figures will be increased with effect 1 March 2020.

Draft Regulations in respect of the limitations of control and Equity Ownership by historically disadvantaged groups and the application of the ICT sector code

On 14 February 2020, ICASA published the Draft Regulations in respect of the Limitations of Control and Equity Ownership by Historically Disadvantaged Groups and the Application of the ICT Sector Code.

Companies that do business with government: watch out

The National Treasury yesterday published the long-awaited draft Public Procurement Bill for public comment.

Draft Public Procurement Bill published for comment

On 19 February 2020, the Minister of Finance published the Draft Public Procurement Bill for public comment (to be submitted by 31 May 2020).

Webber Wentzel takes top honours at the 2020 DealMakers Awards

Webber Wentzel's market-leading position was re-affirmed at the 19th DealMakers Annual Gala Awards on 18 February 2020.

Environmental consideration of the shifting 'self-generation' regime

There has been much discussion following Minister Mantashe's statements at the 26th Investing in Africa Mining Indaba relating to forthcoming legislative amendments which would allow mining companies to generate their own power without licences from the National Energy Regulator of South Africa.

Significant abuse of dominance amendments to the Competition Act are now in effect

A number of the most contentious amendments to the Competition Amendment Act 2018 came into effect yesterday, 13 February 2020 by the publication of Proclamation No. 10 of 2020 in Government Gazette No. 43018.

Chambers Global recognises excellence at Webber Wentzel

Chambers Global has released their 2020 results. Webber Wentzel had an exceptional year with key highlights.

Companies prepare for the CIPC's new compliance checklist

The Companies and Intellectual Property Commission has introduced a new requirement for all South African companies to declare their compliance with specific sections of the Companies Act 2008 by completing and submitting a compliance checklist online.

The impact of the new AARTO Act on employers

South Africa experiences an alarming high amount of road accidents (and consequential fatalities and injuries) annually which has the effect of costing the country billions in rand every year.

Another senior lateral move to Webber Wentzel

Lionel Egypt has joined Webber Wentzel as a partner at the firm with effect from 3 February 2020.

Minerals Council releases fact sheet on safety in mining for 2019

The Minerals Council South Africa has recently published its safety in mining fact sheet that summarises the state of safety in the South African mining industry for 2019.

Can mining companies currently generate own power without licenses?

On 3 February 2020, subsequent to the Minister of Mineral Resources and Energy, Gwede Mantashe's, address at the 26th Investing in Africa Mining Indaba, a series of headlines appeared proclaiming that "mining companies can generate own power without licenses".

Webber Wentzel's mining sector experts' response to the minister's speech #miningindaba2020

The keynote address by minerals and energy minister Gwede Mantashe at this year’s Investing in African Mining Indaba conference covered a range of topics of importance to the industry.

Catch Up With Competition Law Now - January 2020

The Competition Tribunal confirmed a settlement agreement between the Competition Commission, Wesgrow Potatoes (Pty) Ltd and HZPC Holland B.V.

Be wary of publication - the risk of soliciting business in unapproved foreign collective investment schemes

A recent decision by the Financial Sector Tribunal highlights the unintended consequences of marketing unapproved foreign collective investment schemes in South Africa.

Highest Court, in its first judgment of the new decade, upholds the principle of majoritarianism in retrenchments

In a landmark judgment, the Constitutional Court has upheld the principle of majoritarianism inherent in sections 23(1)(d) and 189(1) of the Labour Relations Act 66 of 1995.

#MineSafetyStats2019

On 24 January 2020, the Department of Mineral Resources released the Mine Health and Safety Statistics for 2019.

What the introduction of "development charges" in the Municipal Fiscal Powers Amendment Bill means for municipalities, land owners and property developers

The Minister of Finance has recently published the Municipal Fiscal Powers Amendment Bill for public comment.

Brexit: How will it affect your trade mark in the UK?

The UK parliament has now ratified the EU Withdrawal Agreement that will enable the UK to formally "leave" the EU on 31 January 2020.

Can an employer rely on the termination clause in a contract of employment to dismiss an executive employee without holding a disciplinary hearing?

It has been almost a year since Old Mutual terminated the employment of its former CEO, Mr Peter Mthandazo Moyo.

EAPASA registration deadline extended

On 24 January 2020, the Minister of Environment, Forestry and Fisheries published her intention to amend the Section 24H Registration Authority Regulations, 2016 under NEMA.

Commencement: The Protection of Personal Information Act

The Information Regulator has requested that the President declare that the remaining provisions of the Protection of Personal Information Act commence on 1 April 2020.

Chambers Insurance & Reinsurance 2020 (Q&A): South Africa

Webber Wentzel has contributed to the Chambers and Partners: Insurance & Reinsurance 2020 Guide. The Insurance & Reinsurance Guide covers key issues in insurance and reinsurance laws and regulations.

Indemnity clauses and disclaimers: do they stand up to scrutiny?

Indemnities are in principle legally valid in South Africa, but whether they are enforceable depends on the particular circumstances of the case.

Higher degree of care required when dealing with children

The tragic death of 13-year-old, Enoch Mpianzi from Parktown Boys' High School who drowned at a school orientation camp in the North West on 15 January 2020 has yet again brought into the spotlight the duty of those responsible for children and the standard of care required when dealing with children.

Chambers Corporate Tax 2020 (Q&A): South Africa

Webber Wentzel has contributed to the Chambers and Partners: Corporate Tax 2020 Guide. The Corporate Tax Guide covers common issues in corporate tax laws and regulations.

Extension of timeframe to comply with the Financial Provisioning Regulations, 2015

On 17 January 2020, the long-awaited notice extending the transitional timeframe for compliance with the Financial Provisioning Regulations, 2015 was published by Minister Creecy.

Competition Law Annual Review 2019/2020

During 2019, competition law continued to spread across the continent with new legislation coming into effect, new authorities being established and increasing enforcement at both a domestic and regional level.

SA Insurance update: good news - law on claims for indemnity clarified

The law regarding prescription of an insured's contingent right to claim indemnification from an insurer under an insurance policy has been clarified following a recent Supreme Court of Appeal judgment.

Seeking to rely on a signed exclusion of liability & indemnity clauses? Beware the CPA

A recent High Court decision is a good reminder of the protection provided by the Consumer Protection Act to consumers who have entered into agreements which limit and/or exclude the liability of suppliers for damages arising from services rendered.

DealMakers Awards 2019: Webber Wentzel partner Jesse Watson in the running for DealMaker of the Year

Webber Wentzel partner, Jesse Watson, is a finalist in the 2019 Individual DealMaker of the Year category, for the second year in a row.

POPI Update: Information Regulator invites comment on the Guidelines to develop Codes of Conduct

Although there are still no clear indicators related to when the long-awaited Protection of Personal Information Act (POPI) will come into force, there have been some recent POPI related developments.

Reflections on 2019 and key insights for 2020

Each year we publish a South Africa - Year in Review and Year to Come 2019/2020 insights piece with our alliance partner, Linklaters.

An individual employee may not rely on section 187(1)(c) of the LRA

Section 187(1)(c) of the Labour Relations Act 66 of 1995 provides that it will be automatically unfair to dismiss a group of employees if they refuse to accept a demand in respect of any matter of mutual interest between such employees and the employer.

Parental leave effective in law from 1 January 2020

In November 2018, the President signed the Labour Laws Amendment Act 10 of 2018 (LLAA) into law. The LLAA dealt with new types of leave but was not effective in law as no commencement date for the legislation was announced.

Former executive employee ordered to pay damages to employer for misrepresenting qualifications

In a recent case, the High Court ordered a former executive employee to pay his old employer an amount of approximately 5.7 million ZAR in damages for misrepresenting his qualifications.

International Comparative Legal Guide to: Corporate Tax 2020

Webber Wentzel has contributed to the International Comparative Legal Guide to: Corporate Tax 2020. The Corporate Tax Guide covers common issues in corporate tax laws and regulations.

Carbon Tax Act Regulations published for comment

On 29 November 2019, the Minister of Finance gazetted the long-awaited Regulations on Carbon Offsets under Section 19 of the Carbon Tax Act, 2019.

The most notable aspects of the Draft Amendments to the Mineral and Petroleum Resources Development Regulations published for comment (November 2019)

On 28 November 2019, the Minister of Mineral Resources and Energy published Draft Amendments to the Mineral and Petroleum Resources Development Regulations, 2019, for public comment.

The most notable aspects of the Draft Mine Community Resettlement Guidelines published for comment (December 2019)

On 4 December 2019, the Minister of Mineral Resources and Energy published the Draft Mine Community Resettlement Guidelines for public comment.

South African investment laws - foreign investors with treaty protection may challenge proposed expropriation of land

In July 2018, we published an e-alert setting out key changes to South African investment laws. The e-alert highlighted that as a result of a review of its investment laws, the South African government has terminated several Bilateral Investment Treaties.

Social Media misconduct: Another case of racist remarks by an employee

The Labour Court recently considered yet another case of racist remarks made by an employee outside of the workplace in Edcon Limited v Cantamessa and Others (JR30/17) [2019] ZALCJHB 273 (11 October 2019).

Automation: The future of the workplace

Automation in the workplace refers to the substitution of repetitive tasks traditionally performed by human employees with technology.

Unsuccessful unfair dismissal dispute does not necessarily mean the end of the road for civil claims

A recent Labour Appeal Court finding is a useful reminder that employers need to be aware that employees' pursuit of their unfair dismissal claims in the CCMA or Labour Court does not extinguish their claim for enforcement of their contractual rights in terms of their contracts of employment.

Catch Up With Competition Law Now - November 2019

As another eventful year draws to a close, we would like to thank our valued clients for their continued support throughout 2019.

Key takeaways from our Spotlight on Angola and Mozambique event

Mozambique will experience major economic development and growth as a result of the natural gas finds in the north of the country, Webber Wentzel’s senior partner Christo Els told a Webber Wentzel/Linklaters client seminar in Sandton.

Legal Implications of SAA's business rescue

On Thursday, 21 November 2019, trade union Solidarity announced that it had served an application on South African Airways (SAA) in terms of which it sought an order from the Johannesburg High Court placing SAA into business rescue.

High expectations for the new cannabis Bill?

Since the landmark September 2018 decision by the Constitutional Court in the Prince judgment, the use or possession of cannabis in private by an adult person for his or her own consumption in private and the cultivation of cannabis by an adult in a private place for his or her personal consumption in private has been effectively decriminalised and the Court declared those provisions of the Medicines Act and Drugs Act which, amongst others, limited adults' ability to use, possess or cultivate cannabis in private and for personal consumption unconstitutional.

Could pilots, cabin crew and ground staff be prohibited from striking?

The seven-day strike by leading unions at South African Airways (SAA) representing cabin crew, ground staff and technical staff who are demanding an 8% pay hike, has raised calls from some political quarters to declare aviation an essential service.

Occupational Health and Safety Act - Draft Major Hazard Installation Regulations out for public comment

The Minister of Employment and Labour has invited public comments on the current draft of the proposed amendments to the Major Hazard Installation Regulations, published under the Occupational Health and Safety Act.

Update on unforeseen preference share amendments

The 2019 Taxation Laws Amendment Bill (TLAB) contains a significant and unexpected amendment to the definition of "hybrid equity instrument" in section 8E of the Income Tax Act.

Webber Wentzel’s, Warren Hero – wins at the 2019 AfricaCom Awards

In the public voted category, Warren Hero, CDO, Webber Wentzel was awarded Enterprise CXO of the Year at the annual AfricaCom Awards ceremony held on 14 November 2019.

New exception to the loop structure prohibition for private individuals

South Africa's exchange control regulations generally prohibit South African residents from holding an interest in a foreign company which, in turn, holds any interests or assets in a CMA country (so-called "loop structures").

Amendments to the regulation of primary and secondary listings on the JSE

On 5 November, the JSE Limited announced amendments to its Listings Requirements to strengthen the regulation of primary listings and secondary listings.

One step at a time: IRP 2019 & the transition to a low-carbon economy

The Integrated Resource Plan 2019 is the latest addition to the array of legal instruments South Africa has adopted to transition to a low carbon economy and as part of its commitment to adapt to and mitigate against climate change under the international climate change framework.

Mining in a circular economy meets stumbling blocks

Companies that take the circular economy seriously by finding creative ways to re-use the same materials will stand the test of time.

Understanding the obligation on shareholders & regulated companies to disclose information related to beneficial shareholders

Private companies that are "regulated companies", as well as the shareholders of such regulated private companies, are required to comply with additional disclosure and reporting obligations as set out in the Companies Act for as long as the company is regulated.

Get ready for the Films and Publications Amendment Act

On 2 October 2019, the President ratified the controversial Films and Publications Amendment Act, which has been described in the media as the "internet censorship bill" (the Act).

Arbitration in South Africa: Thomson Reuters’ 2019 Practical Law UK Practice notes

Webber Wentzel has contributed to the Arbitration in South Africa chapter of Thomson Reuters’ Practical Law UK Practice notes.

The Roadmap for Eskom 2019 and its impact on the IPP industry

On Tuesday 29 October 2019, the South African Minister of Public Enterprises, Pravin Gordhan, released, and held a media briefing on, a special paper entitled "Roadmap for Eskom in a Reformed Electricity Supply Industry, 2019".

Selecting a "best-fit" cloud solution for a business

The multitude of benefits that a business can reap from the correct implementation of cloud services has been well publicised and accordingly, many businesses are taking the decision to either, move business operations in their entirety to cloud platforms.

Unforeseen preference share amendments

The 2019 Taxation Laws Amendment Bill (TLAB) was tabled with the Medium Term Budget Policy Statement on 30 October 2019. The TLAB contains a significant amendment to the definition of "hybrid equity instrument" in section 8E of the Income Tax Act, which will deem any distributions made within 3 years of the date of issue of a preference share to be treated as normal income and fully taxable in the holder's hands.

Catch Up With Competition Law Now - October 2019

The Competition Appeal Court dismissed an appeal by Computicket (Pty) Ltd against a decision by the Competition Tribunal.

Webber Wentzel wins at the AGF Service Providers Awards

Webber Wentzel was awarded two awards at the 2019 Africa Global Funds (AGF) Awards held on 24 October 2019.

Webber Wentzel bolsters its leading insurance offering

Webber Wentzel has for many years been considered a leader in the insurance field.

The interplay between criminal law and labour law

Employers are often required to implement steps against employees who are convicted and imprisoned for criminal offences.

More partners move to Webber Wentzel

Three partners have recently joined Webber Wentzel, building both the firm’s Banking & Finance and Corporate teams.

Fake qualifications will soon not only get you dismissed but also imprisoned

Over the years, there have been various media reports on high-profile employees (particularly politicians) who misrepresent their qualifications to their employer.

Murder in the workplace: vicarious liability of the employer

South African law on vicarious liability has been developed following a recent Supreme Court of Appeal judgment.

National Environmental Management Laws Amendment Bill IV revived in Parliament

On 17 October 2019, sitting at its first session of the Sixth Parliamentary term, the National Council of Provinces revived 15 Bills which were not finalised when the 5th term ended and had accordingly lapsed.

Chambers and Partners: 2019 Alternative Funds guide

This guide provides expert legal commentary on key issues for business and an overview of the important developments in the most significant jurisdictions.

Key takeaways from the Integrated Resource Plan 2019 – unpacking the corrected version

On 18 October 2019, the Minister of Mineral Resources and Energy, Gwede Mantashe, held a media briefing on the Integrated Resource Plan 2019 which was followed by the publication of the IRP 2019.

Competition Commission publishes Draft Price Discrimination and Buyer Power Enforcement Guidelines for comment

On 16 October 2019, the Competition Commission published draft Price Discrimination and Buyer Power Enforcement Guidelines for public comment.

Tax case update: The end of NRV for closing stock (or not?)

The Supreme Court of Appeal (SCA) has for the second time in CSARS v Atlas Copco South Africa (Pty) Ltd (judgement delivered on 27 September 2019), confirmed that the net realisable value (NRV) method is not a suitable method to value closing stock for income tax purposes.

The Legal 500: Tax 4th Edition Country Comparative Guide

This country-specific Q&A provides an overview to tax laws and regulations that may occur in South Africa.

Webber Wentzel wins Funds Legal Advisor of the Year at the 2019 Private Equity Africa Awards

Webber Wentzel were presented with the 2019 Funds Legal Advisor of the Year award at the 8th Annual Private Equity GP & Advisor Awards.

Second draft Price Discrimination and Buyer Power Regulations published for comment

On 10 October 2019, the Minister of Economic Development published second drafts of the Price Discrimination Regulations and Buyer Power Regulations (collectively, the 2019 Regulations) for public comment.

Catch Up With Competition Law Now - September 2019

We are delighted to announce that we won the Competition and Regulatory Team of the Year award at the 2019 African Legal Awards.

Webber Wentzel's managing partner Sally Hutton re-elected for second term

Sally Hutton has been re-elected to serve a second five-year term as managing partner of leading law firm Webber Wentzel. Hutton will continue to combine her client facing and leadership roles during her second term.

The Mining Round-up – key takeaways from our September 2019 client seminar

We set out below a quick summary of the key takeaways from our Mining Round-up held in September 2019.

Regulations to phase out the use of persistent organic pollutants

On 10 September 2019, the Minister of Environment, Forestry and Fisheries finally published the regulations to phase-out the use, production, distribution, sale, import and export of persistent organic pollutants.

Employment equity update - new EEA4 form

The Employment Equity Act 55 of 1998 as amended (EEA) requires designated employers to provide certain reports to the Department of Labour.

Essential services update

The Essential Services Committee (ESC) announced its plans to investigate whether certain services should be declared as essential. The ESC will also be looking into whether the designations of a number of current essential services should be removed.

What the decriminalisation of cannabis means for the workplace

Following the Constitutional Court's Prince judgment, cannabis use, possession and cultivation in South Africa has been decriminalised with adult persons now permitted to use, possess and cultivate cannabis in a private place for personal consumption.

Minister of labour announces list of Commissioners and business assessors for advisory arbitration panel

At the beginning of this year, amendments to sections 150A-D to the Labour Relations Act 66 of 1995 (LRA) introduced an Advisory Arbitration Panel.

Draft National Norms and Standards for Organic Waste Composting

On 4 September 2019, the Minister of Environment, Forestry and Fisheries published the Draft National Norms and Standards for Organic Waste Composting under the National Environmental Management Act: Waste Act, 2008 and National Waste Management Strategy for comment.

Webber Wentzel's senior partner Christo Els re-elected for second term

Leading law firm Webber Wentzel's Christo Els has been re-appointed to serve a second five-year term as senior partner after an uncontested election.

Proposed amendments of the National Greenhouse Gas Emission Reporting Regulations

On 6 September 2019, the Minister of Environment, Forestry and Fisheries published notice of her intention to amend the National Greenhouse Gas Emission Reporting Regulations.

Webber Wentzel recognised as leading firm

Webber Wentzel received the coveted African Law Firm of the Year award at the 2019 African Legal Awards on Friday, 6 September 2019.

Overhaul of air quality management framework on the horizon

On 30 August 2019, the Minister of Environment, Forestry and Fisheries published notice of her intention to repeal three sets of regulations previously gazetted under the Atmospheric Pollution Prevention Act, 1965.

Webber Wentzel appoints five new partners and two consultants

Webber Wentzel has appointed five new partners and two consultants, enhancing its leading, full-service offering to its clients

Catch Up With Competition Law Now - August 2019

The Competition Tribunal conditionally approved the merger between Mosstrich (Pty) Ltd and Klein Karoo International (Pty) Ltd. The merger was initially prohibited by the Competition Commission.

4IR and the South African Workplace

The Fourth Industrial Revolution (4IR) is upon us. 4IR is affecting all levels of society, including the world of work.

High demand spectrum policy - an overview

The Department of Communications has published its highly-anticipated ‘Policy on High Demand Spectrum and Policy Direction on Licensing of a Wireless Open Access Network’ which purports to address South Africa's longstanding spectrum scarcity challenges.

Webber Wentzel partner, Ashford Nyatsumba, Professional Services category winner at The Rising Star Awards

Webber Wentzel partner, Ashford Nyatsumba was the Professional Services category winner at the 2019 Rising Star Awards. The Rising Star Awards are a platform to unearth and recognise the young (under 40 years of age) and inspirational South African leaders of tomorrow.

Catch Up With Competition Law Now - July 2019

Competition Appeal Court dismisses two collusion matters, Constitutional Court dismisses predatory pricing case against Media24, East African Community Competition Authority finalises strategic plans, our recent work and more.

South Africa's unemployment rate increases again

The latest Quarterly Labour Force Survey for the 2nd Quarter 2019 (Q2) states that South Africa's unemployment rate has increased to 29%. This is up by 1.4 percentage points from 27,6% in the 1st Quarter 2019.

DO SNITCHES GET STITCHES? Derivative misconduct in the workplace

All employers, employees and trade unions will need to be aware of the Constitutional Court's recent Dunlop decision which has clarified much of the uncertainty around how derivative misconduct is applied in the workplace.

Upcoming compliance dates to diarise

There are a number of important upcoming environmental law related compliance dates to diarise.

New essential services announced

Essential services refer to those services that, if interrupted, would endanger the life, personal safety or health of the whole or any part of the population.

Webber Wentzel partner, Dario Milo appointed to the Global Media Freedom Initiative's High-Level Panel of Legal Experts

Webber Wentzel partner and media law expert, Dario Milo has been appointed to the Global Media Freedom Initiative's High-Level Panel of Legal Experts for 2019/2020.

Partial commencement of the Competition Amendment Act 2018

Certain sections of the Competition Amendment Act 2018 (the Amendment Act) have come into effect today, 12 July 2019 by the publication of Proclamation No. 46 of 2019 in Government Gazette No. 42578.

Keeping up with competition law: Key developments across Africa in the first half of 2019

Although we are only halfway through the year, there have already been significant competition law developments across Africa. A number of new authorities have become operational and various legislative changes have been effected, impacting the competition law landscape in several jurisdictions.

Beware employers - you can no longer discipline an employee after a resignation with immediate effect?

Employees often resign with immediate effect when facing disciplinary action. Employers may be unsure whether they can continue with an intended disciplinary action?

Catch Up With Competition Law Now - June 2019

The Competition Tribunal (Tribunal) issued an administrative penalty of approximately ZAR16 million against Uniplate Group (Pty) Ltd (Uniplate) for abusing its dominance.

Assessing legal risks in the move to Cloud

With the fourth industrial revolution in full swing, businesses are looking for faster and more efficient ways to service customers. Customers are also increasingly tech-savvy and demand more from their service providers, including quicker access and more tailored offerings.

Navigating merger control complexities in Africa

Merger control complexities in Africa can undermine the commercial value of a proposed transaction - we take a look at some of the potential stumbling blocks to doing business in Africa.

A Rand backed cryptocurrency in the form of a stablecoin

Cryptocurrencies, such as Bitcoin and Ethereum, have become well known for their volatile value. In contrast to this, "stablecoins" are cryptocurrencies that have been specifically designed to have a stable value.

A U-Turn in the regulation of CBD in South Africa - paving the way for the expansion of the cannabis market

Since the Constitutional Court in September 2018 effectively decriminalised the possession, use and cultivation of cannabis in private dwellings in South Africa, there has been a rapid surge of CBD-containing products on the South African market.

Catch Up With Competition Law Now - May 2019

The Competition Commission has published its preliminary findings and recommendations in the Grocery Retail Market Inquiry (the Retail Inquiry).

Jason van der Poel returns to the Webber Wentzel projects team

Projects finance expert, Jason van der Poel has returned to Webber Wentzel after spending just over four years at Allen & Overy.

Amendments to the Amended Generic Codes of Good Practice on B-BBEE

On 9 April 2019, the Minister of Trade and Industry signed four amendments to the Amended Generic B-BBEE Codes of 2013 (Codes).

Navigating the administrative regime of the Carbon Tax Act

The Carbon Tax Act 15 of 2019 (Carbon Tax Act), the Customs and Excise Act 91 of 1964 (Customs Act) and the Customs and Excise Amendment Act 13 of 2019 (Customs Amendment Act) pose numerous uncertainties on the road to implementation of carbon tax.

Significant changes in the pipeline - taxation of expats in South Africa

Some South African tax residents working abroad, often referred to as "expats", are grumbling about changes to the Income Tax Act, 1962 (the Act) which comes into effect on 1 March 2020.

Carbon tax laws effective from 1 June 2019 - business be warned

On 22 May 2019, President Cyril Ramaphosa assented to the long-awaited Carbon Tax Act, 2019, which was gazetted on 23 May 2019.

Don't speak ill of your employer in public - It may get you fired

In a recent matter the Labour Court considered the dismissal of three employees who made disparaging statements about their employer on public radio.

2nd draft of the proposed replacement Financial Provisioning Regulations published for comment

Last Friday, 17 May 2019, the Minister of Environmental Affairs published the long-awaited 2nd draft of the 'Proposed Regulations Pertaining to the Financial Provision for the Rehabilitation and Remediation of Environmental Damage caused by Reconnaissance, Prospecting, Exploration, Mining or Production Operations' (2nd Draft FP Regulations) for comment.

Proposed steps to improve the quality of specialist studies in EIA processes

The Department of Environmental Affairs (DEA) has developed a 'National Screening Tool' which is a geographically based web-enabled system that houses a wealth of environmental data obtained from a number of public and private organisations over the last few years.

Guidance Note on Medico-Legal Investigations of Mine Deaths published - the basics to note

On 10 May 2019, the Chief Inspector of Mines published a Guidance Note on Medico-Legal Investigations of Mine Deaths. The Guideline aims to provide certainty as to roles and process in the event that the cause of a death on a mine is immediately unclear.

SARS clarifies what transport services "rendered by the employer" means

To assist employers and employees with over-coming transport-related difficulties, the Income Tax Act, 1962 (the Act) introduced a mechanism to allow employers to provide transport services to their employees and that, although qualifying as a taxable fringe benefit in the employees' hands, no taxable value was given to such benefit.

FSCA proposes introduction of a Conduct Standard for Banks

On 29 April 2019, the Financial Sector Conduct Authority (FSCA) released a statement supporting the draft Conduct Standard applicable to the conduct of banks under section 106(2)(b) of the Financial Sector Regulation Act 9 of 2017 (FSR Act).

Catch Up With Competition Law Now - April 2019

The Competition Commission published its provisional report on the Data Services Market Inquiry (the Data Inquiry). The purpose of the Data Inquiry, launched in August 2017, is to understand what factors or features of the market(s) and value chain may cause or lead to high prices for data services in South Africa.

JSE proposes changes to Listings Requirements to strengthen regulation of primary listings

On 12 April, the JSE published for comment proposed amendments to its Listings Requirements to strengthen the regulation of primary listings and secondary listings.

AMCU at risk of deregistration by department of labour

On 24 April 2019, the Registrar of Labour Relations (Registrar) announced his intention to cancel the registration of the Association of Mineworkers and Construction Union (AMCU) in a Government Gazette Notice (Notice).

DMR's 2018 Mine Health and Safety Statistics

At the beginning of March, the Department of Mineral Resources (DMR) released the Mine Health and Safety Statistics (statistics) for 2018. The DMR compiles and publishes these statistics annually.

Blue skies and sunshine - Mauritius maintains appeal for investment managers focused on Africa

Not just the ultimate holiday stop, Mauritius is also a preferred jurisdiction for fund managers looking to establish African-focused funds. A scenic island off the coast of Africa, Mauritius' main competitive advantage is its proximity to the jurisdictions that African-focused funds invest in, but it is also business oriented and regulation friendly, with enviable tax efficiencies.

Higher penalties on the cards for failing to notify mergers

When faced with legislation that requires parties to take certain steps or prevents them from implementing a particular course of action, the questions often asked include "what are the consequences and who will be liable to pay?"

New technologies ease SA into a low-carbon future

Power shortages and a transition to a lower-carbon future, in line with SA’s Paris Agreement commitments, will require the country to harness new technologies. Energy storage, which will be a critical element of a modern power system, offers potential for local industrialisation and job creation.

Unpacking key messages from the 3rd DLO Africa Power Roundtable hosted by Webber Wentzel

The most important development highlighted in discussions at the recent DLO Africa Power Roundtable hosted by Webber Wentzel was that South Africa’s private sector has an important role to play in new energy generation and alleviating the constraints caused by the current power shortfall.

Informing the Uninformed - Doctors & Patients - Communication is Key

1 April 2019 was certainly not a day for fools. The Supreme Court of Appeal gave judgment in the case of Beukes v Smith ((211/2018) [2019] ZASCA 48) for a surgeon whose information to his patient was called into question.

Private Prosecution for Environmental Crimes Becomes a Reality in South Africa

In South Africa's first ever successful private prosecution of environmental crimes, BP Southern Africa has been found guilty of constructing and upgrading fuel stations without obtaining environmental authorisation.

Catch Up With Competition Law Now - March 2019

The Competition Commission has gazetted final "Guidelines for the determination of administrative penalties for failure to notify mergers and implementation of mergers contrary to the Act" (the Guidelines)

Carbon Tax Updates

On Friday, 29 March 2019 the National Council of Provinces (NCOP) adopted the Carbon Tax Bill (the Bill) in its last sitting ahead of the national elections.

Crowdfunding: an untapped funding resource for renewable energy

Small and innovative renewable energy projects battle to raise funds through formal channels. One possible solution is to reach out to communities with an interest in those projects to help fund them through crowdfunding initiatives.

Will proposed amendments to the Companies Act make raising post commencement funding harder?

Recent proposals to amend sections 134 and 135 of the Companies Act includes changes which may have the effect of unfairly benefiting landlords and other lessors of property (who are proposed to be considered as post commencement finance (PCF) providers) to the detriment of other PCF providers, namely lenders.

The proposed zero-rating of sanitary towels (pads)a slightly hollow victory for South Africa Women - here’s why…

During the medium term budget in October 2018, the Minister of Finance announced that sanitary towels (pads) will be included to the list of those items that are zero rated for VAT purposes.

Webber Wentzel assists several mining houses in obtaining historic secondary strike interdict

Our employment team recently received instructions from several mining houses to assist with secondary strike interdicts. During the initial stages of this matter, we received instructions from 13 mining houses.

VAT - 'Electronic services' (e-commerce) regulations finally promulgated

The introduction of the new VAT regime for cross-border e-commerce transactions is a major game changer, regardless of whether the recipient is an individual or company.

New Partner Promotions

Webber Wentzel has announced 7 new partners across 6 practice areas, namely public law, projects, tax, employment, antitrust/competition, and dispute resolution. Three of our new partners are women and three are black which continues to strengthen the Employment Equity representation in the firm.

SCA decision: a shake-up for insurers who underwrite PI insurance & advisers, intermediaries & brokers

The issues considered on appeal in a decision by the Supreme Court of Appeal (SCA) are important both for insurers who underwrite Professional Indemnity (PI) insurance and advisers, intermediaries and brokers.

Solving the Eskom dilemma

Restructuring Eskom into separate functions is a sensible solution to many of its problems. We believe it can be done in a way that should be acceptable to unions but will not prejudice its lenders and the sovereign debt rating.

DealMakers and Chambers recognise excellence at Webber Wentzel

DealMakers, South Africa's corporate finance magazine and an important barometer of South Africa’s mergers and acquisitions (M&A) and corporate finance market, recognised Webber Wentzel at their annual gala awards.

Webber Wentzel partner, Ziyanda Ntshona awarded SAPSA, Woman Professional of the Year 2019

Webber Wentzel partner, Ziyanda Ntshona was awarded Woman Professional of the Year at the 2019 South African Professional Services Academy (SAPSA) awards.

Webber Wentzel awarded Intellectual Property Transaction Firm of the Year 2019 in South Africa by Managing IP

Webber Wentzel was awarded Intellectual Property Transaction Firm of the Year 2019 for South Africa by Managing IP, the global intellectual property resource for the profession, at its European, Middle Eastern and African Awards ceremony recently held in London.

Loot Box Systems - Is it Gambling?

Whenever you think about gambling you usually imagine yourself hitting the jackpot at a slot machine in the casino. However, what if gambling covered more than just a chance at winning a tangible prize? Does South African law recognise the possibility of gambling for virtual-items?

Smart Contracts vs Traditional Contracts: Same but Different

Smart contracts mark the evolution of the binding contract from a set of terms and conditions, governed by the common law, into a set of conditional statements governed by a programming language and the tenets of blockchain technology.

Business, lawyers and regulators get to grips with Artificial Intelligence

On 13 February 2019, Webber Wentzel and Microsoft hosted a forum entitled Designing and Regulating AI Amidst Uncertainty. The forum hosted top minds from business, government and the legal fraternity in the field of artificial intelligence (AI) who discussed the future of AI and the associated complexities around future laws and regulation.

Catch Up With Competition Law Now - February 2019

On 13 February 2019, President Cyril Rhamaphosa assented to the Competition Amendment Act 18 of 2018 (Amendment Act). The Amendment Act will come into operation on a date to be declared by the President by means of a proclamation in the Government Gazette.

Private Equity in Africa - Unpacking fundraising trends - A legal perspective

2018 was a watershed year in many respects for private equity in Africa. In the wake of the Abraaj collapse and other market fluctuations, we will in 2019 likely see significant shifts in the industry, with key changes to all stakeholders’ strategies expected to emerge.

Zimbabwe update - Unpacking the Monetary Policy Statement

Our clients have found the currency constraints in Zimbabwe to be the most significant barrier to investing in the country in recent years.

Water takes its rightful place in environmental laws

The Nemla IV amendments currently before Parliament place greater emphasis on implementing measures required for treating mine water, strengthening the ability of the authorities to address issues like acid mine drainage (AMD) and deteriorating water quality before they become an even greater burden on the fiscus.

Competition Law Annual Review 2018/2019

2018 was an important year for competition law in Africa. Competition law spread across the continent with new legislation published, new authorities established and enforcement expanding at both a domestic and regional level.

The legal position on pre-suspension hearings has changed

For many years, we have advised employers who are about to suspend an employee on full remuneration to provide such employee with an opportunity to make representations on their proposed suspension.

The Budget Review 2019

The Budget Review 2019 (Budget) was released by the National Treasury this afternoon. Chapter 4 and Annexure C of the Budget introduce on a high-level changes to tax policies or tax clarifications that would be implemented in the draft taxation law and tax administration law amendment bills to be circulated mid-2019.

Webber Wentzel and leading Nigerian law firm, Aluko & Oyebode announce signing of bilateral agreement

Businesses and investors are increasingly looking to enter Africa and expand operations across the continent. Nigeria and South Africa are two of Africa's strongest economies with 2019 likely to unlock even greater opportunities in these countries.

Competition Amendment Act 2018 signed into law

The President of South Africa has assented to the Competition Amendment Act 18 of 2018 (Amendment Act). This historic development marks the beginning of a new era of competition law, which is more public interest focused than ever before.

Minister Mantashe sets positive tone at Indaba

We wanted to take this opportunity to provide you with our insights on the Minister Gwede Mantashe's opening remarks at Mining Indaba this morning.

Webber Wentzel kicks off the year by appointing three new partners

Leading law firm Webber Wentzel has kicked off the year by appointing three new partners. Lizle Louw, Mzukisi Kota and Gillian Niven all bring a wealth of experience and expertise which span across diverse areas.

Understanding the exemption to the new national minimum wage

The National Minimum Wage Act 9 of 2018 (NMWA) came into operation on 1 January 2019. The Minister of Labour also released the National Minimum Wage Regulations, 2018 (Regulations) which came into operation on 1 January 2019.

Webber Wentzel publishes insights pieces looking at key legal and regulatory developments for 2018/2019

Webber Wentzel together with its alliance partner, Linklaters, recently published a Year in Review and Year to Come 2018/2019 insights piece. This publication highlights significant legal and regulatory developments that took place in South Africa during 2018, and expected changes for 2019.

Draft Price Discrimination and Buyer Power Regulations published for comment

On 21 December 2018, the Minister of Economic Development published draft Price Discrimination Regulations and Buyer Power Regulations (collectively, the Regulations) for public comment (Government Gazette No. 42133).

The Xolabeni court ruling - CNBC Africa

CNBC Africa Closing Bell - Corporate practice partner at Webber Wentzel, Manus Booysen talking about the Xolabeni court ruling.

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New merger filing fees

The Minister of Economic Development yesterday published an amendment to Regulation 10(5) of the Competition Commission Rules in Government Gazette No. 42082. In terms of the amendment, new merger filing fees for intermediate and large mergers will be effective from 1 January 2019.

Catch Up With Competition Law Now - November 2018

On 20 November 2018, the National Council of Provinces' Economic and Business Development Committee adopted the "B" Version of the Competition Amendment Bill 2018 (the Bill).

Best interests of children broaden paid parental leave benefits - an overview and next steps

On 23 November 2018, the Labour Laws Amendment Bill was signed into law. The Bill provides a minimum period of leave entitlement to employees who are fathers, adoptive parents and parents in a surrogate motherhood agreement, amending the Basic Conditions of Employment Act (BCEA) and the Unemployment Insurance Act (UIF).

Revised Carbon Tax Bill introduced to Parliament

Last week the Minister of Finance introduced the revised Carbon Tax Bill (Bill) to Parliament. The Bill takes into account feedback received during the Parliamentary hearings on the December 2017 draft Bill that took place earlier this year. The Bill aims to give effect to South Africa's objectives and commitments to reduce greenhouse gas (GHG) emissions under the National Climate Change Response Policy and the Paris Agreement, respectively.

Catch Up With Competition Law Now - October 2018

The "B" Version of the Competition Amendment Bill 2018 (the Bill) was passed by the National Assembly on 23 October 2018. A summary of important additional proposed amendments in the "B" version of the Bill, particularly in relation to the sections on abuse of dominance can be accessed here. The Bill is currently at NCOP level and comments on the latest version are due on 7 November 2018.

Reportable Irregularities spilling over into Environmental Compliance

The increased scrutiny on the auditing profession in South Africa is resulting in some auditors refusing to sign off on an entity's annual financial statements where the entity is believed or found to have contravened environmental laws.

Mr A and XYZ CC v The Commissioner of the South African Revenue Service

In the case of Mr A and XYZ CC v The Commissioner of the South African Revenue Service the Tax Court had to determine whether the conduct of the appellants was properly classified by SARS as 'grossly negligent' for purposes of imposing understatement penalties.

Catch Up With Competition Law Now - September 2018

In September 2018, the Portfolio Committee on Economic Development held a series of meetings to deliberate over the Competition Amendment Bill, 2018 (Bill). The Minister of Economic Development was also given an opportunity to respond to matters raised during the public hearings on the Bill. It has been indicated that the Committee will consider the Bill further in early October. We will keep you updated on all further developments.

The launch of Webber Wentzel Alert

Webber Wentzel is excited to announce the launch of “Webber Wentzel Alert”, an online tool designed to launch a co-ordinated legal emergency response at the click of a button in the event of a search and seizure by the police and/or other regulatory authorities (commonly known as "a dawn raid").

Mining Charter III - what you need to know about the final version published

The Minister of Mineral Resources, the Honourable Gwede Mantashe (Minister) has now published the final version of the revised Broad-Based Black Economic Empowerment Charter for the South African Mining and Minerals Industry (Mining Charter III). Mining Charter III will come into effect immediately [1] and is purportedly published under section 100(2) of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA).[2] Mining Charter III contains far reaching changes and introduces more onerous compliance obligations than those currently stipulated in the Broad-Based Black Economic Empowerment Charter for the South African Mining and Minerals Industry (2010 Mining Charter).

Amendment of the Financial Provisioning Regulations, 2015: Holders of a right or permit to comply by 19 February 2020

In April this year, the Financial Provisioning Regulations, 2015 were amended to extend the transitional time period within which holders of offshore oil or gas exploration or production rights are required to comply with these Regulations to 19 February 2024. On Friday last week, the Minister of Environmental Affairs amended the Financial Provisioning Regulations, 2015 again, this time to extend the transitional period that is applicable to all other holders of a right or permit to 19 February 2020 (FP Amendment).

JSE consultation paper aimed at enhanced investor confidence

On 19 September, the JSE Limited (JSE) released a consultation paper on "possible regulatory responses to recent events surrounding listed issuers and trading in their shares". The JSE's regulation of the South African financial markets has been scrutinised by the investment community following a series of financial and trading scandals that rocked several JSE-listed companies.

Draft Companies Amendment Bill - snapshot of key proposed amendments

Today the Department of Trade and Industry (DTI) published a draft of the long-awaited Companies Amendment Bill, 2018 (Bill) for public comment. Comments on the Bill must be submitted to the DTI by 20 November 2018. The Bill proposes amendments to the Companies Act, 2008 (Act). The Bill, in its current form, does not propose any amendments to the Companies Regulations, 2011 (Regulations

Directors of private companies are no longer subject to PAYE - true or false?

Where fixed monthly payments made up less than 75% of private company director remuneration, paragraph 11C of the Fourth Schedule to the Income Tax Act 58 of 1962 used to apply to require payment of employees’ tax for such directors on a monthly basis in respect of "deemed remuneration". This "deemed remuneration" was a notional amount determined in terms of a formula in paragraph 11C. Paragraph 11C was repealed with effect from 1 March 2017.

National Treasury hopes to clarify anomalies relating to taxing REITs soon

The taxation of real estate investment trusts (REITs) was discussed at the recent National Treasury Workshop on the 2018 draft Taxation Laws Amendment Bill, held on 4 September 2018, in Midrand. The correct tax treatment of certain anomalies, including the taxing of commercial lease deposits, was raised.

Update on the draft Electronic Communications Amendment Bill - key issues

The Department of Telecommunications and Postal Services published the draft Electronic Communications Amendment Bill (the Draft Bill) for public comment on 17 November 2017. Following receipt of comments from the public, an amended version of the Bill (the Final Bill), which has been approved by the Cabinet, was published in the Government Gazette on 31 August 2018.

Webber Wentzel wins at the African Legal Awards 2018

Webber Wentzel won three of the main awards at the prestigious African Legal Awards hosted in Johannesburg on 7 September, 2018. Webber Wentzel was named Banking, Finance and Restructuring Team of the Year, with alliance partner, Linklaters. The firm also secured the CSR, Diversity, Transformation and Economic Empowerment Award.

Key proposed changes to copyright laws - software developers beware

The Portfolio Committee on Trade and Industry (the Committee) has been meeting to discuss its proposed amendments to the Copyright Act. Proposed changes are significant, as the right to develop and distribute programs such as APIs (application program interfaces) will no longer be limited to the owner or licensee of the copyright in and to the underlying computer program.

National Treasury seeks to empower low-income employees

National Treasury's proposal in the draft 2018 Taxation Laws Amendment Bill (2018 draft TLAB) to remove the taxable benefit concerning low or interest free loans granted to low-income employees for low-cost housing (the Proposed Amendment) was discussed on Day 2 of the recent National Treasury Workshop on the 2018 draft TLAB (Tax Workshop).

What a privilege - UK developments

The United Kingdom (UK) Court of Appeal has handed down a decision which is undoubtedly the most important recent ruling on the issue of legal privilege, in particular legal privilege relating to documents gathered and created for purposes of carrying out internal investigations in contemplation of litigation. The decision may be important from a South African perspective as our courts may, when faced with a similar question, look to UK jurisprudence for guidance in this regard.

Catch Up With Competition Law Now - August 2018

Public hearings to discuss the Competition Amendment Bill, 2018 (the Bill) took place in Parliament on 28 and 29 August 2018. Our recent client alert setting out the key amendments proposed by the Bill is available here. Comprehensive submissions were made by various stakeholders such as the Law Society of South Africa, the Black Business Council, COSATU, Business Unity South Africa and Section 27. We will keep you updated on all further developments.

The liability of directors in cyberspace

Cyber risks are evolving on a near daily basis posing countless threats to companies, and accordingly, directors need to stay abreast of legal developments to protect themselves and their companies in their fiduciary duties. The outline of such duties, in broad terms, is contained in legislation, common law and in the King IV Report on Corporate Governance for South Africa. Furthermore, duties which may not have been relevant to a director ten years ago may now have become relevant due to the development of technology and the associated risks.

Government introduces Youth Employment Service Initiative

The rate of youth unemployment in South Africa is soaring. Government has introduced an incentive to contribute towards job creation for black South African youths. Entities which are measured in terms of their contributions towards Broad-Based Black Economic Empowerment (B-BBEE) may now achieve enhanced recognition through their qualifying contributions in the Youth Employment Service (or Y.E.S) initiative.

Tax court confirms contributions to fund share incentive scheme are deductible

There have been a number of binding private rulings providing for the deductibility of contributions made by employer companies to share incentive trusts for the purpose of acquiring shares in the former. Although a binding private ruling is only binding on SARS and the applicant, published rulings can be relied on to provide an indication of the interpretation of law. In our interactions with SARS officials, we have found that this interpretation has generally been accepted, ie that contributions made to trusts for the purpose of acquiring shares in the employer company are deductible over the vesting period of the scheme.

Companies Amendment Bill gains momentum

Yesterday Cabinet approved the publication of the Companies Amendment Draft Bill (Bill) for public comment. The Bill, once approved, will amend the Companies Act, 2008. The stated purpose of the Bill is to reduce the regulatory and administrative burdens to business owners and enhances South Africa’s attractiveness to potential investors.

Legal insights: advertising rules on promotional offers

Offer a 50% discount, but be 100% clear. Everybody loves a good deal. Whether a great promotion pops out at them on the pages of a magazine, or they are moseying through the mall and discount ticket catches their eye. People are easily enticed to have a closer look. But, just how closely do consumers need to look to make sure they are not being caught out by tricky T&Cs?

Ransomware - can you pay?

Ransomware, also referred to as a crypto-virus, is malicious software that is used by cybercriminals to illicitly infect, lock-out and then take control over digital systems in order to prevent owners from re-accessing them. In doing so, cybercriminals use the ransomware to extort monies contingent on the promise of restoring owners' access to their systems. The two common ways through which Ransomware is installed are via phishing emails and/or the visiting of websites with malicious software.

The changing face of VAT and e-commerce in SA

It is no secret that tax systems around the world are struggling to keep pace with the digitisation of commerce and South Africa too, after an initially pro-active stance towards taxing e-commerce, was arguably starting to fall behind in this "new frontier for VAT".

Catch Up With Competition Law Now - Webber Wentzel July 2018

The Portfolio Committee on Economic Development has invited the public to submit written comments on the Competition Amendment Bill 2018 (the Bill) by 17 August 2018. Public hearings to discuss the Bill will also be held in Parliament on 28 and 29 August 2018.

Is it the end for labour brokers as we know them? Understanding the implications of a recent Constitutional Court matter

The Constitutional Court recently handed down a long anticipated judgment (Assign Services (Pty) Limited v National Union of Metalworkers of South Africa and Others (CCT194/17) [2018] ZACC 22 (26 July 2018)) which is likely to be of crucial importance to the labour broking fraternity.

Understanding class action procedures locally & abroad

We recently contributed to a global comparative review guide published by our alliance partner, Linklaters, looking at collective redress procedures across 19 jurisdictions.

South African investment laws - key changes of which foreign investors should be aware

The Protection of Investment Act, 2015 (the Act) came into effect on 13 July 2018. By way of background, the South African government first began a review its investment laws and regulations following the case of Piero Foresti, Laura de Carli & Others v The Republic of South Africa launched under the auspices of the Washington DC-based ICSID in 2007.1 Following the review, South Africa terminated several Bilateral Investment Treaties (BITs) to which South Africa was a party. It then sought to "substitute" the treaty protections with domestic legislation, which ultimately led to the Act being passed.

SARS prescription only starts once tax return has been submitted

In the recent case of CSARS v Char Trade, the Supreme Court of Appeal (SCA) that prescription begins to run against CSARS when a return for secondary tax on companies (STC) is submitted to SARS by a taxpayer. In the Char Trade case, a return for STC had not been submitted by the taxpayer. Due to this, prescription had not begun to run against CSARS. The result of this is that CSARS was able to make an assessment in 2012 of the taxpayer's liability amounting to ZAR 1,812,609 for the 2007 cycle.

Tunisia and Somalia officially join COMESA

The COMESA Competition Commission (CCC) has released a notice confirming that the Republic of Tunisia and the Federal Republic of Somalia have been admitted as Member States of COMESA. Accordingly, the COMESA Competition Regulations of 2004, and its accompanying rules, shall be enforceable in Tunisia and Somalia with immediate effect.

Botswana Insights: Strengthened competition law regime

The Parliament of Botswana has approved the Competition Act, 17 of 2018 (the New Act). The President has assented to the New Act but it is yet to come into effect. Firms doing business in Botswana need to be aware that the New Act proposes significant amendments which may have implications for their operations. Overall, the New Act seeks to enhance the current competition legislation, particularly the sanctions for competition law contraventions.

2018 Draft Taxation Bills

The Draft 2018 Taxation Laws Amendment Bill and Draft Tax Administration Laws Amendment Bill were released for comment by National Treasury on 16 July 2018 (the 2018 Draft Bills).

Accelerating Acceleration – Knife Capital Opens Call for Fourth Grindstone Growth & Exit-Readiness Programme

The numerous South African SME ecosystem reports that have been published so far in 2018 paint a picture of a rising tide in entrepreneurship: an increasing number of incubators with a diverse range of focus areas, entrepreneurship as an acceptable viable career path, and more money available to fund entrepreneurs then ever in the history of South Africa. So, with all the positive momentum, why does the percentage of successful entrepreneurial ventures not increase exponentially? The ecosystem does clearly more in terms of quantity, but is it delivering the results, the quality, South Africa needs?

Key amendments proposed by the Competition Amendment Bill 2018

A revised Competition Amendment Bill 23 of 2018 (the Bill) was introduced to Parliament on 11 July 2018. This follows the publication of an earlier version of the Bill in December 2017 and the submission of extensive comments by stakeholders.

Competition Amendment Bill introduced to Parliament

On Thursday, 12 July 2018, the Minister of Economic Development introduced the Competition Amendment Bill 23 of 2018 (the Bill) to Parliament.

Competition Amendment Bill makes its way to Parliament

Cabinet has approved the submission of the Competition Amendment Bill 2017 (the Bill) to Parliament. On 5 July 2018, the Economic Development Department (EDD) gazetted an explanatory statement (available here) indicating that the Minister of Economic Development intends to introduce the Bill into Parliament during July 2018.

Legal Innovation & Tech Fest - key thoughts and takeaways

We recently attended the inaugural Legal Innovation & Tech Fest held in Johannesburg on 11 & 12 June and thought it may be useful to share some of our thoughts and key takeaways from the conference. Some of these points may resonate with you.

Catch Up With Competition Law Now - Webber Wentzel June 2018

The High Court has set aside a search warrant which authorised dawn raids to be conducted at the premises of five edible oils companies. In December 2016, the Competition Commission (Commission) made an urgent ex parte application for a search warrant on the basis that the companies had breached the anti-cartel provisions of the Competition Act 89 of 1998 (the Competition Act).

Financial provisioning - latest proposed changes to NEMA

On Tuesday, 19 June 2018, the latest revision to the National Environmental Management Laws Amendment Bill, version "B" (NEMLAA5 Bill) was tabled.

Potential amendments affecting foreign trusts holding shares in foreign companies

National Treasury has held a few workshops this year to engage with stakeholders on proposed amendments before the draft amendment bills are circulated for comment. At one of these workshops attended by the Webber Wentzel Tax Team, National Treasury indicated that there could be amendments in the draft bills which would affect resident beneficiaries and donors to foreign trusts, where these foreign trusts hold shares in foreign companies.

Webber Wentzel considered one of Universum`s Most Attractive Employers 2018

Global research and advisory firm, Universum, published its Most Attractive Employers rankings for 2018, listing the companies that South African students and professionals are most keen to work for. Webber Wentzel was ranked 3rd in South Africa's most attractive legal employers according to law students (after the Department of Justice & Constitutional Development and Legal Aid South Africa) and was ranked 5th in South Africa's most attractive legal employers according to professionals. Since the law category was first introduced in 2014, Webber Wentzel has consistently featured in the top 5.

Tax non-compliance status may be inaccurate

SARS replaced the Tax Clearance Certificate (TCC) system with the enhanced Tax Compliance Status (TCS) system on eFiling in April 2016. The new TCS system is aimed at improving tax compliance as taxpayers can better manage their TCS and remedy any non-compliance through the "My Compliance Profile" (MCP) function on eFiling.

Highlights from the Mauritian Budget Speech 2018

The Mauritian Prime Minister (and Minister of Economic Development) delivered the 2018-2019 Budget Speech titled "Pursuing our Transformative Journey" on 14 June 2018 (Budget).

Revised Draft Amendments to B-BBEE Codes released for public comment

On the 15th of June 2018, the Minister of Trade and Industry published draft amendments to the Preferential Procurement and Enterprise and Supplier Development element of the generic B-BBEE Codes, which will be open for public comment for a period of 60 days.

Urgent reinstatement of tax compliance status granted

For certain taxpayers, a tax clearance certificate is of utmost importance in ensuring that it is able to receive payment and to tender for new services. In the recent Gauteng High Court decision (Red Ant Security Relocation and Eviction Services (Pty) Ltd v CSARS (2999/18)), the taxpayer applied for urgent interdictory relief for reinstatement of its tax compliance status in order to be able to generate a tax clearance certificate pending determination of review proceedings which it had instituted against CSARS.

Webber Wentzel wins at the 2018 GEA GP and Advisor Awards

Webber Wentzel has won the 2018 Private Equity Africa (PEA) Local Legal Advisor of the Year Award at the 7th Annual PEA GP & Advisor Awards. The Awards, held in partnership with the London Business School Private Equity Institute, celebrate the achievements of private equity houses and their advisors.

High court decision clarifies appraisal rights of minority shareholders

The High Court of South Africa, Western Cape Division, recently delivered a judgment that provided some clarity on the provisions of the Companies Act 2008 (Act) relating to appraisal rights of minority shareholders.

Insights and next steps - the new Mining Charter III

On Friday 15 June 2018 Mining Charter III was published for public comment. While the Mining Charter III is an improvement on the June 2017 version, it does contain far reaching changes and introduces more onerous and more stringent compliance obligations than those provided for in the 2010 Mining Charter.

IFLR1000 Women Leaders Guide 2018 recognises Webber Wentzel

The IFLR1000 recognised Sally Hutton, Karen Couzyn, Safiyya Patel and Angela Simpson as part of this year’s Women Leaders.

Climate Change: soon to be a matter of law

On Tuesday this week, the world celebrated World Environment Day but commiserated the fact that the Earth Overshoot Day this year is 1 August.

National Minimum Wage update

The National Assembly has recently passed three bills namely the National Minimum Wage Bill, the Basic Conditions of Employment Amendment Bill and the Labour Relations Amendment Bill.

Unforeseen tax impact in amendments to articles of association

The recent Supreme Court of Appeal judgement of CSARS v The Executors of Estate Late Sidney Ellerine illustrates the importance of obtaining tax advice where rights, privileges or conditions of shares may potentially be affected by amendments to the memorandum of incorporation of a company.

Hawks Raid: 1 June 2018

As a law firm we are professionally prevented from providing any third party with information related to our clients’ matters. This is a requirement of our profession.

Nigeria investment insights

After years spent in deep recession, Nigeria is now starting to see some upward movement in its GDP numbers. Such positive economic indicators offer good opportunities for investors.

Catch Up With Competition Law Now - May 2018

A recent decision of the Competition Appeal Court (CAC) has provided guidance on the test to be applied in assessing whether non-compete / restraint of trade clauses will expose companies to a prohibited practice contravention (Dawn Consolidated Holdings (Pty) Ltd and the Competition Commission).

Non-submission of transfer pricing documentation is an incidence of non-compliance

It has long been the position that there are no specific penalties for the non-submission of tax returns and accompanying schedules for corporate taxpayers.

Overlap in treatment of dividend

Section 1 of the Income Tax Act (ITA) defines a "dividend" to be any amount transferred by a resident company for the benefit of any person in respect of any share in that company whether by way of a distribution or consideration for a share repurchase but does not exclude a reduction of contributed tax capital of the company.

Notification of commencement of audit

The obligation of SARS to collect tax and taxpayers' rights are often at odds with each other.

Refining rules for debt-financed acquisitions of controlling interest in an operating company

Section 24O of the Income Tax Act 58 of 1962 (ITA) was introduced in 2012 and was aimed at discouraging the use of so called "debt push-down" structures (using section 45) by deeming interest incurred on a loan used by a taxpayer to acquire shares in a resident operating company (as defined in section 24O), to be incurred in the production of the income of that taxpayer and laid out for the purposes of its trade.

Treatment of trading profits realised by collective investment schemes

Paragraph 61 of the Eighth Schedule of the Income Tax Act 58 of 1962 (ITA) provides that a holder of a "participatory interest" in a portfolio of a collective investment scheme (other than a portfolio of a collective investment scheme in property), must determine a capital gain or capital loss in respect of the participatory interest only upon the disposal of that participatory interest.

Webber Wentzel sharpens its focus on technology

The appointment by Webber Wentzel of Warren Hero into the newly created role of Chief Information Officer signals the firm's heightened commitment to harnessing technology as a means of delivering efficient and innovative legal solutions to its clients.

Cloud computing in Africa

Cloud computing has increasingly become a staple of modern business. For those who wish to leverage the cloud in Africa, certain regulatory and practical issues need to be considered.

Racially charged language in the workplace: Legal ping pong

The use of words, or a phrase, which on the face of them or it are innocuous and hence not racist, formed the subject matter of an important decision of the Constitutional Court, handed down on 17 May 2018, in the matter of Rustenburg Platinum Mine v SAEWA obo Meyer Bester and 2 others.

Did you know: A Water Use Registration Certificate does not mean that the registered water use is lawful

Having a Water Use Registration Certificates in place does not mean that the registered water uses which are undertaken by your business are lawful.

Catch Up With Competition Law Now - April 2018

Agribusiness, Food & Beverage: Citrus producers exemption refused - The Competition Commission (Commission) has refused to grant the Western Cape Citrus Producers Forum (known as Summer Citrus) an exemption.

South African Airways - Understanding the possibility of business rescue proceedings

Over the last twenty four months, we have been closely monitoring the financial condition of South African Airways (SAA) and advising our aviation and financing clients regarding their general exposure to SAA and, in particular, the risks and likelihood of an SAA insolvency and/or business rescue.

Amendment of the Financial Regulations, 2015: Offshore oil & gas rights holders to comply by February 2024

On Friday last week, the Minister of Environmental Affairs amended the Financial Provisioning Regulations, 2015 to extend the transitional period to comply with these Regulations for holders of offshore oil or gas exploration or production rights to 19 February 2024 (FP Amendment).

Bringing the ICCA 2018 message home: Managing and resolving complex disputes on major projects on the African continent and beyond

From 15 to 18 April 2018, our international arbitration team represented Webber Wentzel at the ICCA (International Council for Commercial Arbitration) 2018 Congress held in Sydney, Australia. The theme of this years' congress was "Evolution and Adaption: The Future of International Arbitration".

Webber Wentzel #Ignite10 - the innovators to watch in 2018

Webber Wentzel has selected 10 successful start-ups and scale-ups to join the Webber Wentzel Ignite legal incubation programme.

Mining employers required to review and amend mandatory code of practice on exposure to airborne pollutants

The Guideline for the Compilation of a Mandatory Code of Practice for an Occupational Health Programme (Occupational Hygiene and Medical Surveillance) on Personal Exposure to Airborne Pollutants (the Guideline) was published in the Government Gazette on 06 April 2018 and is effective from 30 April 2018.

Controlled Foreign Companies: Filing requirements

Where a South African taxpayer owns directly or indirectly more than 50% of the shares in a foreign company, the foreign company will generally qualify as a so-called "controlled foreign company" (CFC) under South African tax law.

SARS snuffs out Lion Match's "novel" application

The Taxpayer, Lion Match Company Proprietary Limited, disposed of its shareholding in Kimberly Clark Group during 2008 and ascribed the market value to the shares as at 1 October 2001 as the base cost in determining its taxable capital gain on the disposal.

Hybrid Equity Instruments: Redemption versus repurchase

Section 8E of the Income Tax Act, 1962 (the Act) applies to inter alia deem a share to be a hybrid equity instrument if certain requirements are met, with the result that otherwise exempt dividends paid in respect of that share are deemed to be fully taxable income.

Common misconceptions: Tax treatment of directors' fees derived by non-residents

Many non-residents that derive directors' fees from a South African tax resident company believe that because they are non-resident and pay tax in their country of residence on such directors' fees they are not liable to tax in South Africa.

Corporate environmental sustainability - SA's impending carbon tax

Having signed the Paris Agreement on Climate Change in November 2016, and as part of its National Climate Change Response Policy, South Africa has endorsed its "national-determined contribution" commitments to reduce greenhouse gas (GHG) emissions.

Proposed amendments to controlled foreign companies

South Africa's tax legislation contains controlled foreign company (CFC) rules which aim to prevent South African taxpayers from locating companies in low tax jurisdictions in an effort to avoid paying South African tax.

Disrupting the Disrupted: The Dawn of Fintech Regulation in the Twin Peaks New World Order

The South African Revenue Service (SARS) has effectively broken the regulator blood oath taken in 2014 that had frozen the South African cryptocurrency market in the realm of regulatory neutrality for the past 3 years.

Webber Wentzel deploys Luminance’s artificial intelligence platform in South Africa

Leading South African law firm, Webber Wentzel, has adopted Luminance’s artificial intelligence technology to enhance its due diligence processes for M&A transactions. The agreement marks another major international win for the fast-growing AI platform.

Do not go gently into that good Declaratory Order

A declaratory order is a flexible remedy which can assist in clarifying issues of law expeditiously.

Medical rebate, adjusted today gone tomorrow

The Income Tax Act 58 of 1962 (ITA) was amended in 2012 to provide for a different method of treating medical expenses for individuals.

Webber Wentzel strengthens its Funds Practice

Webber Wentzel re-appoints Michael Denenga, one of South Africa's leading experts in finance and investment funds.

Debt relief measures may provide (some) relief

The proposed debt relief measures in the 2017 amendments to section 19 and paragraph 12A of the Eighth Schedule of the Income Tax Act 58 of 1962 (ITA) did not provide much relief to "assist companies in financial distress", as was the intention in the Explanatory Memorandum to the draft Taxation Laws Amendment Bills, 2017.

High Court decision a victory for supporters of once empowered always empowered principle

A judgment handed down on 4 April 2018 by the High Court of South Africa, Gauteng Division, Pretoria is a victory for supporters of the "once empowered, always empowered" principle, finding that a mining right holder will be able to retain its empowerment status even if its empowerment partner(s) disposes of its stake in mining right holder.

Catch Up with Competition Law Now - March 2018

Predatory pricing case dismissed - The Competition Appeal Court (CAC) has dismissed the predatory pricing case against Media24 (Pty) Ltd (Media24).

Don’t let your waste management create a business risk - new National Norms and Standards

In an attempt to simplify licensing processes, the Department of Environmental Affairs removed the requirement to obtain a waste management licence for waste facilities where sorting, shredding, grinding, crushing, screening or baling of general waste is undertaken.

Tax treatment of excessive debt financing under review

Malusi Gigaba stated in the Budget Review 2018 (Budget) that: "The deductibility of interest payments on debt acts as an incentive to use debt rather than equity funding, and can be used to strip profits from high tax countries."

Development to watch: East African Competition Authority commences operations

It has been reported that the East African Competition Authority (EACA) has begun operations and is currently undertaking sector and market studies to assess the competitiveness of the regional economy.

Interaction between share buyback and corporate rules to be reviewed

There have been various amendments to the Income Tax Act 58 of 1962 (ITA) targeting the perceived abuse of share buybacks and dividend stripping arrangements since 2011.

International conference circuit reveals a resurgence of interest in the African mining industry - the PDAC report

For almost a decade and as part of its on-going thought leadership initiatives, Webber Wentzel, has hosted a breakfast seminar at the start of the Prospectors and Developers Association of Canada's International Conference (PDAC) in Toronto, Canada.

Africa is open for business

International conference circuit reveals a resurgence of interest in the African mining industry - the PDAC report

Cryptocurrency transactions

In South Africa, as with most other countries around the world, there is no guidance and regulation regarding cryptocurrencies such as Bitcoin.

The tax implications of fruitless and wasteful expenditure

One of the proposals in the Budget Review 2018 (Budget) to preserve a sustainable tax base is to disallow fruitless and wasteful expenditure by government entities.

Budget Review 2018 - Insights on tax and exchange control

Further to the Budget Review 2018 (Budget) e-alert we sent on 21 February 2018, please find a detailed newsletter with our insights into some of the more notable proposed amendments in the Budget on tax and exchange control.

Better road ahead for research & development incentive

The Budget has the task of funding a projected revenue shortfall of ZAR 48.2 billion in 2017/2018 and also of promoting economic growth in an economy which has shown signs of lethargy in recent times. One of the measures the Budget proposes to boost the economy is through better use of tax incentives, including the research and development (R&D) incentive in section 11D of the Income Tax Act (ITA).

A victory for freedom of expression - Webber Wentzel succeeds in getting Inxeba: The Wound back in cinemas

On 6 March 2018, the North Gauteng High Court handed down its ruling in the urgent review application by the producers and distributors of the movie Inxeba: The Woundagainst the Film and Publication Appeal Tribunal's (the Tribunal) decision to award the film a rating of X18. The filmmakers were represented by Webber Wentzel.

Catch Up with Competition Law Now - February 2018

MASSMART'S COMPLAINT REFERRAL AGAINST LARGE RETAILERS DISMISSED - The Competition Tribunal (Tribunal) has dismissed a complaint referral lodged by Massmart Holdings Ltd (Massmart) against Shoprite Checkers (Pty) Ltd, Pick ‘n Pay Retailers (Pty) Ltd and Spar Group Ltd (the Respondent Retailers).

VAT rate increase: what you need to consider

The Minister of Finance announced in his recent Budget Speech that the VAT rate would be increased from 14% to 15% with effect from 1 April 2018.

VAT rate increase: what you need to consider

The Minister of Finance announced in his recent Budget Speech that the VAT rate would be increased from 14% to 15% with effect from 1 April 2018.

Budget Review 2018

The Budget Review 2018 (Budget) was released by the National Treasury on 21 February 2018. We discuss significant amendments included in Annexure C and Chapter 4 of the Budget in this article.

Webber Wentzel hat trick - DealMakers, Mergermarket & Thomson Reuters

Having been recognised earlier this year by Mergermarket and Thomson Reuters* as leading legal advisers in Mergers and Acquisitions (M&A) in South Africa and Sub-Saharan Africa, Webber Wentzel re-affirmed its market leading position at the 17th DealMakers Annual Gala Awards

Webber Wentzel Tax Seminar : February 2018

Closing the tax loopholes has always been a key focus of the South African Revenue Service (SARS) and now, with a ZAR 50 billion revenue shortfall, it is more critical than ever.

Leading international directory recognises excellence at Webber Wentzel

Chambers Global, the leading directory that provides independent and impartial insight and feedback on the capabilities of law firms and individual lawyers, has recently released its 2018 results.

Tax break for employees on voluntary retrenchment benefits

The South African Institute of Tax Professionals (SAIT) recently made submissions to the South African Revenue Service (SARS) regarding the tax treatment of amounts received in consequence of voluntary retrenchments. SAIT has received clarification that voluntary severance packages qualify as severance benefits.

Mining Indaba 2018 client update

This week kicked off with the industry's big event, the Mining Indaba. It was a fantastic week and a good opportunity to meet with our clients and key industry stakeholders in beautiful Cape Town.

Catch Up with Competition Now - January 2018

COMPETITION AMENDMENT BILL SEMINAR: THANK YOU AND OVERVIEW - On 31 January 2018, the Competition Practice held a seminar where a panel of esteemed competition law experts comprehensively unpacked the significant amendments proposed by the Competition Amendment Bill, 2017 (the Bill).

Mining Indaba Media Release

This morning kicked off with some warm introductions and the Minister's Speech. Although there was some speculation related to whether or not Minister Zwane would give the speech, he did in fact arrive and deliver it.

Webber Wentzel managing partner named Professional of the Year at South African Professional Services Awards

Webber Wentzel's managing partner, Sally Hutton was honoured with two awards at the annual South African Professional Services Awards (SAPSA) held on 1 February 2018, namely Professional of the Year - Law Class and the highly coveted South African Professional of the Year - Overall Winner.

When the Wells run dry

South Africa’s water supply is predicted to reach a crisis point by 2030. But could better management of this critical resource actually be the economic saviour of the country? Dr Anthony Turton, Professor in the Centre for Environmental Management, University of the Free State believes so.

Property developers will face cash flow pressure due to VAT on temporary rental of residential units

The curtains have come down on section 18B of the Value-Added Tax Act, No. 89 of 1991 (VAT Act) and the resultant impact may catch a few residential property developers off-guard.

Presentation from the Financial Regulatory workshop on recent developments in the financial services sector - January 2018

Thank you to all who attended the Webber Wentzel Financial Regulatory workshop on recent developments in the financial services sector hosted on Wednesday, 24 January 2018 in Cape Town and Thursday, 25 January 2018 in Johannesburg.

Competition Commission's advisory opinion service suspended

On 23 January 2018, the Competition Commission (the Commission) announced that it had suspended its advisory opinion service, pending the finalisation of the case involving Hosken Consolidated Investments Ltd (HCI), Tsogo Sun Holdings Ltd (Tsogo Sun) and Niveus Investment Ltd (Niveus).

South Africa - Year in Review and Year to Come 2017/2018

In 2017, we saw significant legal and regulatory changes affecting South African businesses. It is likely that 2018 will bring further changes.

Tax victory for automotive manufacturers

A recent Supreme Court of Appeal (SCA) judgment (Volkswagen South Africa (Pty) Ltd v CSARS) provided much needed clarity that Productive Asset Allowance (PAA) certificate amounts granted to automotive manufacturers are capital in nature as their purpose is to incentivise capital investments.

Mining industry dislocation

Industry hopes that the new broom sweeps clean.

The not so sweet Sugar Tax

The proposal to tax the sugar content of beverages first came to light in the 2016 Budget. On 5 December 2017, after 18 months of debate, Parliament adopted the tax on sugary beverages (Sugar Tax), which is expected to commence on 1 April 2018.

Starts-ups should embrace, not fear, the legal nitty-gritty

Inventory, wages, premises and cash flow are just a few of the concerns shouldered by the modern-day entrepreneur.

New Arbitration Act promotes South Africa as a prime arbitration and investment hub

The highly anticipated statute, the International Arbitration Act, No.15 of 2017 (the Act) came into effect on 20 December 2017 and will govern all international arbitrations seated in South Africa, including the enforcement of foreign arbitral awards.

The "PITfalls" identified by SARS' 2017 Tax Statistics

National Treasury and the South African Revenue Service released the 10th annual edition of the tax statistics for South Africa on 12 December 2017.

Amended B-BBEE Construction Sector Code effective from 1 December 2017

On 1 December 2017, the Department of Trade and Industry published the amended construction sector code of good practice on broad-based black economic empowerment (B-BBEE) (Amended CSC).

Webber Wentzel launches Webber Wentzel Ignite - a legal incubation programme for entrepreneurs

Webber Wentzel has launched Webber Wentzel Ignite - a legal incubation programme that will provide selected entrepreneurs and innovators with:

Amended B-BBEE Financial Sector Code effective from 1 December 2017

On 1 December 2017, the Department of Trade and Industry published the long-awaited amended financial sector code of good practice on broad-based black economic empowerment (B-BBEE) (Amended FSC).

Enhanced minimum leave and benefits for working parents on the cards

The Labour Laws Amendment Bill (Bill) was passed by the National Assembly in Parliament on 28 November 2017.

Fiscal Pressure - Tax hikes are not the solution

South Africa suffers from a trifecta of social challenges, namely: inequality, poverty and high levels of unemployment.

Competition Amendment Bill published for comment

On Friday, 1 December 2017, the Minister of Economic Development, Ebrahim Patel (the Minister), published the Competition Amendment Bill 2017 (the draft Bill) for public comment.

The Corruption Amendment Bill - a brief overview

The Department of Justice and Correctional Services has recently published the Prevention and Combating of Corrupt Activities Amendment Bill, 2017 (the Bill) which proposes to amend the Prevention and Combating of Corrupt Activities Act, 12 of 2004 (PRECCA).

Catch Up with Competition Law Now - November 2017

COMPETITION APPEAL COURT RULES IN FAVOR OF HCI - The Competition Appeal Court (CAC) has held that the proposed transaction involving Hosken Consolidated Investment Ltd (HCI), Tsogo Sun Holdings Ltd (Tsogo Sun) and Niveus Investment Ltd (Niveus) does not require approval by the competition authorities in terms of the merger control provisions of the Competition Act 89 of 1998 (Competition Act).

The Electronic Communications Amendment Bill proposes far-reaching changes to the information technology and electronic communications industry

The Electronic Communications Amendment Bill (Bill) was published for public comment on 17 November 2017. The Bill seeks to implement and give effect to the policy points set out in the ICT White Paper, published in October 2016.

New debt relief measures provide limited or no relief

The reduction of debt in the Income Tax Act, 1962 is currently dealt with in section 19 and paragraph 12A of the Eighth Schedule.

Webber Wentzel and Linklaters celebrate Alliance milestone - 5th year of success

In 2012, in a ground-breaking move, Webber Wentzel and Linklaters, created a long-term formal collaborative Alliance.

Artificial Intelligence – the apex of tech and policy challenges

Artificial intelligence (AI) is the apex of today’s technology age as we push the boundaries towards Industry 4.0 and superintelligence.

The 2017 AGF Africa Service Providers Awards recognises Webber Wentzel

The winners of the annual AGF Africa Service Providers Awards have been announced and Webber was awarded Best legal service: investment funds and Best tax advisory firm.

Various amendments on the Taxation Laws Amendment Bill, 2017

In this article covering the Taxation Laws Amendment Bill, 2017 (TLAB), we discuss amendments to the Income Tax Act, 1962 (ITA) on the contributed tax capital (CTC) limitations to non-resident shareholders, amendments relevant to long-term insurers, alignment of section 24JB to the International Financial Reporting Standards 9 (IFRS 9), and the additional doubtful debt deduction available to banks.

Proposed overhaul of the Financial Provisioning Regulations of 2015

Last Friday, 10 November 2017, the Minister of Environmental Affairs published the 'Proposed Regulations Pertaining to the Financial Provision for Prospecting, Exploration, Mining or Production Operations' (Draft FP Regulations) for comment.

Taxation Laws Amendment Bill, 2017 - Part 5

In this fifth and final e-alert covering the Taxation Laws Amendment Bill, 2017 (TLAB), we discuss amendments to the Income Tax Act, 1962 (ITA) on the contributed tax capital (CTC) limitations to non-resident shareholders, amendments relevant to long-term insurers, alignment of section 24JB to the International Financial Reporting Standards 9 (IFRS 9), and the additional doubtful debt deduction available to banks.

Taxation Laws Amendment Bill, 2017 - Individuals and International Tax

The Taxation Laws Amendment Bill, 2017 was released on 25 October 2017 and has since been tabled to the Standing Committee on Finance.

The Best Lawyers™ in South Africa 2018 recognises 46 Webber Wentzel lawyers

Forty-six Webber Wentzel attorneys have been included in the 2018 edition of The Best Lawyers in South Africa.

Taxation Laws Amendment Bill, 2017

In this article covering the Taxation Laws Amendment Bill, 2017 (TLAB), we discuss amendments in the Income Tax Act, 1962 (ITA) on the new debt relief measures and the meaning of "debt" in the corporate rules.

Taxation Laws Amendment Bill, 2017 - Part 4

In this fourth e-alert covering the Taxation Laws Amendment Bill, 2017 (TLAB), we discuss amendments in the Income Tax Act, 1962 (ITA) on the new debt relief measures and the meaning of "debt" in the corporate rules.

Corporate Round-up - October 2017

DEBRIEF ON THE DTI COMPANY LAW SEMINAR - In our last Corporate Round-up, we reported that the Department of Trade and Industry (DTI) is considering amendments to the Companies Act 2008.

Catch Up with Competition Law Now - October 2017

FIVE MERGERS PROHIBITED BY THE COMPETITION COMMISSION IN OCTOBER 2017 - During October 2017, the Competition Commission (Commission) prohibited five mergers. The prohibitions involved companies in the agricultural and healthcare sectors.

National Treasury shows some flexibility on share buy-back rules (but not a lot)

The Taxation Laws Amendment Bill (TLAB), released on 25 October 2017, proposes measures intended to target certain share buy-back and dividend stripping arrangements.

Notable amendments in the Taxation Laws Amendment Bill - Part 2

The Taxation Laws Amendment Bill (TLAB) and Tax Administration Laws Amendment Bill (TALAB) were released on 25 October 2017. Our e-alert sent on 26 October 2017 discussed the tax administration, dispute resolution and value-added tax amendments in the bills. In this second ealert, we discuss amendments in the TLAB on international tax. We also discuss notable amendments relevant to individuals and trusts.

Amendments in the final tax bills on tax administration, dispute resolution and value-added tax

The Tax Administration Laws Amendment Bill (TALAB) and Taxation Laws Amendment Bill (TLAB) were released with the Medium Term Budget Policy Statement 2017 on 25 October 2017.

Notable amendments in the Tax Administration Laws Amendment Bill and Taxation Laws Amendment Bill on tax administration, dispute resolution and value-added tax

The Tax Administration Laws Amendment Bill [B28 - 2017] (TALAB) and Taxation Laws Amendment Bill [B27 - 2017] (TLAB) were released with the Medium Term Budget Policy Statement 2017 on 25 October 2017. Our newsletters on the Budget 2017 and draft bills can be found using the hyperlinks.

Tax Court confirms a hard line in relation to requests for reasons

The Income Tax Court (Tax Court) recently handed down judgment in ITC 0032/2016 and ITC 0033/2016 which were two identical applications dealing with taxpayers' requests for reasons.

Understatement penalties for gross negligence

The Tax Court handed down judgement on 18 August 2017 in the case of ABC Proprietary Limited v C: SARS.

Webber Wentzel maintains its top ranking in the IFLR1000 2018 Guide

Webber Wentzel is the only South African law firm to have achieved tier 1 rankings across the board in IFLR1000’s Financial and Corporate Guide 2018 and they have kept this momentum going for four consecutive years.

Webber Wentzel again certified as one of South Africa's Top Employers

Webber Wentzel has been awarded the exclusive Top Employers South Africa 2018 certification in recognition of its outstanding employee offerings.

Webber Wenzel rolls out eDiscovery, Dispute Resolution Support

A few weeks ago we published an article around the use of eDiscovery in law firms as a result of growing volumes in big data and data storage capacity increases. In the world of litigation, the costs of discovery can amount to up to 70% of the total matter costs.

Water Management in South Africa - change on the horizon

Following on from a previous alert in relation to the restructuring of South Africa's Water Management Areas (WMAs) from 19 WMAs previously to a consolidated 8 WMAs currently (circulated on 30 September 2016), the Minister of the Department of Water and Sanitation (DWS) recently published the proposed Reserve determination of water resources for the Olifants-Doorn Catchment on 13 April 2017 and for the Olifants and Letaba Catchment on 22 September 2017.

Revised proposals where conversions of debt to equity (and more!) could result in income tax for the debtor

The draft Taxation Laws Amendment Bill, 2017 (DTLAB) provided for new sections 19A and 19B in the Income Tax Act 58 of 1962 (the Act) to provide for recoupment of interest arising from conversions of debt to equity.

Update on proposed amendments to the Income Tax Act

We previously covered the notable amendments in the draft Taxation Laws Amendment Bill, 2017 (DTLAB) and draft Tax Administration Laws Amendment Bill, 2017 (DTALAB) in our newsletter which can be found here.

New requirements for waiving debt owed by dormant group companies

Currently, debt waiver provisions in the Income Tax Act 58 of 1962 (ITA) are dealt with in section 19 and paragraph 12A of the Eighth Schedule.

Catch Up with Competition Law Now - September 2017

WEBBER WENTZEL WINS COMPETITION AND REGULATORY TEAM OF THE YEAR AT THE 2017 AFRICAN LEGAL AWARDS - We are delighted to announce that Webber Wentzel has won the Competition and Regulatory Team of the Year award at the 2017 African Legal Awards.

AMCU - skating on thin ice

In the case of KPMM Road and Earthworks (Pty) Ltd / Association of Mineworkers and Construction Union (AMCU) and Others, AMCU and its members employed at KPMM embarked upon protected strike action on 15 July 2016.

Notes on National Treasury workshop on extension of CFC rules to foreign trusts and foundations

The draft Taxation Laws Amendment Bill, 2017 proposes to extend the existing controlled foreign company (CFC) rules to include foreign trusts and foundations, and foreign companies which are not necessarily subsidiaries of resident companies, but are considered to be "controlled" in terms of International Financial Reporting Standards 10 (IFRS 10).

Traversing the boundaries of Competition Law

In the current times of widespread economic uncertainty, managing regulatory risk is no easy feat. The multi-faceted aspects of competition law add to the challenge and pose unique complexities when doing business in Africa, particularly from a mergers and acquisitions perspective.

Be(a)ware of the tax consequences of converting debt to equity

One of the methods used by creditors to provide breathing space to their distressed debtors is to convert the debt owed to equity shares in the debtor company.

Petroleum and Liquid Fuels Sector Transformation Charter to be amended

On 13 September 2017, the Department of Trade and Industry informed the public via proclamation (Proclamation) of the intention of the Department of Energy and the Petroleum and Liquid Fuels Industry to align the Petroleum and Liquid Fuels Sector Transformation Charter (Charter) (which is Schedule 1 to the Petroleum Products Act, 1977) to the Broad-Based Black Economic Empowerment (B-BBEE) Act, 2003 and the generic B-BBEE codes through a stakeholder consultative process.

New merger notification thresholds and filing fees effective from 1 October 2017

As published in Government Gazette No. 41124 dated 15 September 2017 (available here), new merger notification thresholds for intermediate mergers compulsorily notifiable to the Competition Commission, as well as new merger filing fees for intermediate and large mergers, will be effective from 1 October 2017.

Corporate Round-Up

DEBRIEF ON THE DTI COMPANY LAW SEMINAR - On 24 and 25 August, the Department of Trade and Industry (DTI) and the Specialist Committee on Company Law hosted a Company Law Seminar in Johannesburg.

Webber Wentzel makes a submission to the draft Taxation Laws Amendment Bill

Joon Chong, Partner in the Webber Wentzel Tax Team, made oral submissions on the draft Taxation Laws Amendment Bill, 2017 on 29 August 2017 at the public hearings to Parliament's Standing Committee of Finance.

Multinationals in high-tax jurisdictions to benefit from relaxed IP regulations

The 2017 Budget announced that the regulatory framework regarding cross-border intellectual property transactions is to be relaxed, for both tax and exchange control purposes.

Webber Wentzel Wins at the African Legal Awards 2017

Webber Wentzel is proud to have received two awards in the prestigious African Legal Awards hosted by Legal Week and the Corporate Lawyers Association of South Africa in Johannesburg on Friday 8 September, 2017.

POPI regulations: open for comment

Further to our last e-alert (available here) on POPI (or POPIA, as it is now referred to by the Information Regulator), the Information Regulator has now issued draft regulations (click here and here) for public comment.

Companies and directors: Past environmental transgressions may haunt you

Section 24G of National Environmental Management Act, 1998 (NEMA) which enables the ex post facto authorisation of activities that unlawfully commenced under NEMA and the National Environmental Management: Waste Act, 2008 (NEMWA) is contentious in the environmental world.

Big data has significant discovery implications for litigation and dispute resolution

As the volume of big data escalates and data storage capacity increases, law firms need to take a proactive approach to data discovery, retention and management. Electronic discovery (eDiscovery) is the process in which electronic data is sought, located, secured and searched with the intent of using it as evidence in a civil or criminal legal case.

The medicines and medical devices regulatory landscape is changing

On Friday, 25 August 2017, the Minister of Health repealed and replaced, in its entirety, the General Regulation made under the Medicines and Related Substances Act, 1965 (the Medicines Act).

The Second Scramble for Africa

For the second time in history, the African continent has become a focal point for global expansion. As a result, valuable goods, services and intellectual property are being exported into Africa.

Financial Sector Regulation Act 2017 signed into law

On 21 August 2017, President Zuma signed into law the Financial Sector Regulation Act 2017 (FSR Act).

Climate chang(ing) the scope of Lender due diligence and annual reporting

On 7 August 2017, an Australian couple (the Applicants) filed a law suit against the Commonwealth Bank of Australia (CBA), where they allege that the CBA failed to disclose material risks in relation to climate change in their financial report for the 2016 financial year (CBA Application).

Competition Commission initiates Data Services Market Inquiry

The Competition Commission (Commission) has announced that it will be conducting a market inquiry into the market for data services in South Africa (the Inquiry). On 18 August 2017, Terms of Reference (ToR) were published setting out the scope of the Inquiry and expected timeframes.

Investment funds: the South African headquarter company regime hurdle

With the increasing appetite for investments into African jurisdictions, the South African private equity landscape needs to adapt in order to attract direct foreign investment and to facilitate the seamless investment and divestment in and from these jurisdictions.

Tax exemption for SA residents working in foreign countries revoked

The 2017 draft Taxation Laws Amendment Bill and draft Tax Administration Laws Amendment Bill were released for comment on 19 July 2017.

Implications of the distinction between primary and secondary processing Environmental authorisations for processing activities in mining

Historically, mining activities have been excluded from the scope of the National Environmental Management Act, 1998 (NEMA).

Expansion of banks’ power to hold funds on suspicion of a tax offence

The 2017 draft Taxation Laws Amendment Bill and draft Tax Administration Laws Amendment Bill were released for comment on 19 July 2017.

Ladies who Lunch (and Learn): growing an ecosystem for powerful women entrepreneurs

"We become more powerful when we empower others." This is one of the central messages behind Sheryl Sandberg's "lean in" movement, and the collaboration between Webber Wentzel and the 88 Business Collective this Women's Month.

Subtle changes to law can have a huge impact on the mining and oil and gas industries - analysis of proposed change to financial provisioning laws

Financial provisioning laws require mining and petroleum companies to set aside an amount of money for the management, remediation and rehabilitation of environmental aspects arising from mining and petroleum operations.

Catch up with Competition law

DRAFT GUIDELINES ON INFORMATION EXCHANGE BETWEEN COMPETITORS GAZETTED - Draft Guidelines on the Exchange of Information between Competitors under the Competition Act 89 of 1998 (Draft Guidelines) have been published in the Government Gazette for public comment.

2017 Draft Taxation Laws Amendment Bill and Draft Tax Administration Laws Amendment Bill

The 2017 Draft Taxation Laws Amendment Bill and Draft Tax Administration Laws Amendment Bill were released for comment on 19 July 2017. In our latest newsletter, we focus on some of the core amendments proposed in the draft legislation relating to direct and indirect taxes as well as tax administration. As your trusted tax advisor, we remain committed to providing you with pertinent information to help you navigate the complex and shifting tax laws.

Carbon Tax puzzle of law almost complete

After the National Greenhouse Gas Emission (GHG) Reporting Regulations were published on 3 April 2017, the next tranche of laws have now come into force to complement the proposed carbon tax.

Feedback from the Financial Regulatory workshop on the impact of impending legislative amendments on group scheme structures

Thank you to all who attended the Financial Regulatory workshop on the impact of impending legislative amendments on group scheme structures hosted on Wednesday, 19 July 2017.

When mine rehabilitation and captive power collide

The mining industry has always played a major role in the world's economy. With the global economic downturn, however, mining companies are under increasing pressure to minimise costs and increase inefficiencies.

Yet another Zwane faux pas - Minister of Mineral Resources may bring an ailing industry to its knees!

On 15 June 2017, the Minister of Mineral Resources (Minister) published the Broad-Based Socio Economic Empowerment Charter for the South African Mining Industry, 2017 (Mining Charter III) under the auspices of section 100(2)(a) of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA).

South Africa's grapple with transformation in sport

South Africa's constitutional democracy ushered in an era of hope and change for all South Africans, particularly those South Africans who were oppressed by discriminatory laws, through the brutality of colonialism and apartheid.

The role of a temporary employment service in the employment relationship

A recent judgment by the Labour Appeal Court (LAC) considered the treacherous relationship between a temporary employment service (TES), a client and the placed employees of a TES in relation to the so-called 'deemed relationship'.

Cybercrimes and Cybersecurity Bill

The Cybercrimes and Cybersecurity Bill (the Bill) was opened for public comment this week. The practical impact of the Bill on all organisations and on individuals is significant.

Employees' Tax on Termination

Employees are entitled to certain payments upon termination of their employment. Some are payments to which they are entitled by law while others are payments to which employees may be entitled to in terms of their contracts of employment.

The Mineral and Petroleum Resources Development Amendment Bill

Last week Webber Wentzel engaged with the Select Committee on Land and Minerals to highlight some unintended consequences in the proposed amendments to the Mineral and Petroleum Resources Development Amendment Bill (MPRDA Bill).

Cyber Resilience Guidance Note issued by the SARB

On 15 May 2017, the South African Reserve Bank (SARB), through the Office of the Registrar of Banks (the Office), issued Guidance Note G4/2017 dealing with cyber resilience (the Guidance Note) to banks, branches of foreign institutions, controlling companies, eligible institutions and auditors of banks or controlling companies (banks).

Catch up with Competition Law Now

AGRIBUSINESS, FOOD & BEVERAGE: UPDATES AND DEVELOPMENTS - The Competition Commission (Commission) has conducted dawn raids on the premises of seven meat suppliers in three provinces.

Amended B-BBEE Property Sector Code

On 9 June 2017, the Department of Trade and Industry (DTI) issued the amended Broad-Based Black Economic Empowerment (B-BBEE) Property Sector Code (2017 Property Sector Code), which is committed to advancing the objectives of B-BBEE within the property sector.

Comprehensive Maritime Transport Policy

The Department of Transport (the DOT) recently approved the Comprehensive Maritime Transport Policy (the CMTP) which was published in the Government Gazette on 12 June 2017.

Financial Sector Regulation Bill

The parliamentary process on the Financial Sector Regulation Bill (FSR Bill) has been completed. The National Assembly passed the FSR Bill on 23 June 2017, and it has been sent to the president for his signature.

Reporting major BEE transactions

The BEE Regulations of 2016, promulgated under the BEE Act, provide for the process of registering a major BEE transaction with the BEE Commission.

Catch Up With Competition Law Now - May 2017

The Minister of Economic Development, Ebrahim Patel, has announced that proposed changes to the Competition Act, 89 of 1998 (Competition Act) are being finalised. During the 2017 Budget Vote Speech, Minister Patel said that the proposed changes will address, "high levels of economic concentration and racially-skewed ownership profiles"

POPI update: Key takeaways from the Information Regulator's first briefing

Further to our last e-alert on POPI (or POPIA, as it is now referred to by the Information Regulator) the Information Regulator held its first public briefing on Monday

National Assembly recommends Pansy Tlakula as Chairperson of the Information Regulator

This week has seen a significant step towards the long-awaited implementation of the Protection of Personal Information Act (POPI).

Legal Insights 2026

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