https://www.webberwentzel.com//Pages/RSS-Feeds.aspx Webber Wentzel feed en-us Copyright 2020 Sun, 16 Aug 2026 19:08:06 +0200 Sample Code http://server/image.jpg https://www.webberwentzel.com//Pages/RSS-Feeds.aspx 7ef4a43e-3704-4062-ac1b-0ea9fb3b61f9 658478a8-f34b-4ee5-a2bc-b7879ec87a9e https://www.webberwentzel.com//News/Pages/ai-rest-my-case-ai-and-the-future-of-online-dispute-resolution.aspx 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.  2026-07-13T22:00:00Z 7fa8f329-cde8-457b-a1c0-28761505ee9f https://www.webberwentzel.com//News/Pages/cash-is-still-king-the-south-african-reserve-banks-cash-smart-strategy.aspx In a fast-evolving digital payments landscape, cash still continues to play a critical role in the South African economy. 2026-06-28T22:00:00Z 09984d8a-93d2-4af5-8fad-854239f35aec https://www.webberwentzel.com//News/Pages/webber-wentzel-africa-white-collar-cross-border-guide.aspx We are proud to launch our White-Collar Crime & Forensic Investigations Guide, co-created with our trusted relationship firms across the continent. 2026-05-24T22:00:00Z 4a6916de-25a1-45e9-80a1-26ed47d82982 https://www.webberwentzel.com//News/Pages/south-africas-payments-regulatory-framework-third-draft-of-authorisation-framework-published-for-comment.aspx The South African Reserve Bank (SARB) has published the third version of its proposed amendment to the payments regulatory framework. 2026-05-20T22:00:00Z c4e55df1-539c-4666-81a1-e61eef438a92 https://www.webberwentzel.com//News/Pages/outcomes-based-bonds-as-africas-most-powerful-tool-for-solving-the-water-crisis.aspx 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. 2026-05-17T22:00:00Z 9778550f-8ddc-4b01-934d-56ba4f1be68f https://www.webberwentzel.com//News/Pages/virtual-assets-regulations-across-africa.aspx This guide provides an overview of the development of regulatory frameworks for virtual assets in selected African jurisdictions. 2026-03-25T22:00:00Z e3ca3d63-41e5-4060-8d15-52208b24dde6 https://www.webberwentzel.com//News/Pages/who-is-to-blame-when-ai-defames.aspx 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. 2026-02-23T22:00:00Z a5709e21-34b6-46b7-9f4a-48460bc6fed7 https://www.webberwentzel.com//News/Pages/fintech-year-ahead-2026.aspx 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. 2026-01-29T22:00:00Z b4d41ad3-58d1-4cf9-970d-7cef48b26828 https://www.webberwentzel.com//News/Pages/remote-work-and-pe-what-the-oecds-new-framework-clarifies-and-what-it-leaves-unresolved.aspx 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). 2026-01-13T22:00:00Z b24a16df-3a0a-4fa2-85c4-51b0b6ef30b9 https://www.webberwentzel.com//News/Pages/draft-payments-industry-documents-published-for-public-comment.aspx 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. 2025-11-18T22:00:00Z 36ea7dd4-a9b4-4d49-ae23-5aaec559a363 https://www.webberwentzel.com//News/Pages/the-fintech-future-revolutionising-the-african-financial-services-landscape.aspx 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. 2025-11-09T22:00:00Z c352c308-983e-4b3b-b860-fd90e95999c5 https://www.webberwentzel.com//News/Pages/bitcoin-vs-1961-why-south-africas-crypto-crackdown-just-hit-a-legal-wall.aspx 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. 2025-10-28T22:00:00Z 3063a991-a912-419f-9cc2-6c08ec74f7e1 https://www.webberwentzel.com//News/Pages/navigating-change-of-control-legal-and-commercial-considerations.aspx 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. 2025-10-28T22:00:00Z da15d68b-be86-4755-a4af-cbf4447f03c9 https://www.webberwentzel.com//News/Pages/practical-implication-of-the-revised-fic-guidance-note-7a.aspx 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. 2025-10-02T22:00:00Z 12305d7a-a6f2-43b8-895e-a6dffaa881c3 https://www.webberwentzel.com//News/Pages/virtual-assets-regulation-in-southern-africa-a-regional-comparative-analysis-article.aspx The digital revolution is reshaping the global financial landscape, with virtual assets emerging as a powerful force in how financial transactions are conducted. 2025-09-03T22:00:00Z 1d568ecc-2558-4ff9-8f39-c9d0f7a6fbbf https://www.webberwentzel.com//News/Pages/the-fsca-ushers-in-a-new-era-for-pension-fund-administrators-after-23-years.aspx 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. 2025-08-14T22:00:00Z db1697ce-c640-4dfc-9989-1bf0a61da887 https://www.webberwentzel.com//News/Pages/the-cofi-bill-what-financial-institutions-need-to-know.aspx 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. 2025-08-13T22:00:00Z 65349fc0-b5eb-4809-a0da-d26622a13779 https://www.webberwentzel.com//News/Pages/mauritius-reborn-navigating-the-new-anti-corruption-landscape.aspx 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. 2025-07-28T22:00:00Z aba49b6e-90aa-471a-ae12-13c365b81648 https://www.webberwentzel.com//News/Pages/virtual-assets-regulation-in-southern-africa-a-regional-comparative-analysis.aspx 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. 2025-07-28T22:00:00Z 2faeb41b-0f3c-498a-9415-e1253916e52e https://www.webberwentzel.com//News/Pages/part-1-esg-disclosure-requirements-for-financial-institutions-in-south-africa-a-2025-update.aspx Environmental, social, and governance (ESG) considerations have become increasingly important for organisations globally, including financial institutions in South Africa. 2025-07-14T22:00:00Z ed42a384-420d-42a9-b380-8c34f1b298fe https://www.webberwentzel.com//News/Pages/part-2-strengthening-south-africas-sustainable-finance-framework.aspx 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. 2025-07-14T22:00:00Z d8884512-bd83-49b8-8658-48a8a0676b9e https://www.webberwentzel.com//News/Pages/ai-and-automation-in-retail-legal-risks-related-to-ai-driven-customer-service-inventory-management-and-back-office-support.aspx 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. 2025-06-25T22:00:00Z e5b729e6-0286-478f-aec9-41b9686ebda8 https://www.webberwentzel.com//News/Pages/africas-fintech-sector-a-story-of-growth-innovation-and-opportunity.aspx 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. 2025-06-03T22:00:00Z 36074c46-bf33-47bd-8956-fb40fb02561e https://www.webberwentzel.com//News/Pages/buy-now-panic-later-a-legal-deep-dive-into-south-africas-payment-revolution.aspx 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. 2025-05-29T22:00:00Z bac1107b-d4f1-4a13-8516-3f44d7584162 https://www.webberwentzel.com//News/Pages/asset-forfeiture-and-unlawful-money-schemes.aspx 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. 2025-05-18T22:00:00Z 070bfbce-6324-46cc-9245-ff20e8f0ac8e https://www.webberwentzel.com//News/Pages/fintech-year-in-review-2025.aspx 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. 2025-02-04T22:00:00Z f5c03c6a-f2bf-43c5-a96b-555859309d89 https://www.webberwentzel.com//News/Pages/should-all-tokens-be-equal-in-the-crypto-market.aspx 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?" 2024-10-21T22:00:00Z d13b315b-99fe-4a77-bdd9-78aacb2007aa https://www.webberwentzel.com//News/Pages/sars-intensifies-focus-on-crypto-traders.aspx SARS is increasing its scrutiny of crypto traders by issuing tax notices and clarifying exchange control regulations. Traders must immediately comply to avoid penalties. 2024-09-04T22:00:00Z 2af7beae-83b2-4ce5-8010-6ff2f350e191 https://www.webberwentzel.com//News/Pages/the-digital-nomads-are-coming-what-are-the-tax-and-employment-implications.aspx 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. 2024-08-20T22:00:00Z 6aabea93-43d0-4a03-983e-988e409bd1ba https://www.webberwentzel.com//News/Pages/three-year-regulation-plan-by-the-financial-sector-conduct-authority.aspx 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. 2024-07-31T22:00:00Z 307e2665-a943-4dc4-b7d4-c71a50c7d1b8 https://www.webberwentzel.com//News/Pages/changes-on-the-horizon-for-esg-disclosures-in-south-africa.aspx 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. 2024-07-17T22:00:00Z b3d7a888-0a5b-4bc6-8255-99242719f5e3 https://www.webberwentzel.com//News/Pages/2024-fintech-year-ahead-mid-year-update.aspx 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. 2024-07-02T22:00:00Z a9657eb5-b463-41f7-b631-367b3b4cc3b9 https://www.webberwentzel.com//News/Pages/on-the-road-to-a-cashless-society-sarb-digital-payments-roadmap.aspx 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. 2024-05-26T22:00:00Z 81e5782f-baa0-45ad-81d3-8e2a5d2c7b02 https://www.webberwentzel.com//News/Pages/strategic-structuring-the-keystone-of-startup-success.aspx 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. 2024-05-22T22:00:00Z c306b896-09d6-4a76-bf43-4f3e3aed535f https://www.webberwentzel.com//News/Pages/the-digital-tightrope-walk-for-business-and-human-rights.aspx AI offers unprecedented opportunities for growth and innovation but also presents significant challenges and risks, especially concerning human rights and corporate governance. 2024-03-24T22:00:00Z af453a76-ae1f-4770-99a9-c2e62ac6874b https://www.webberwentzel.com//News/Pages/one-year-grey-south-africas-bumpy-road-to-meeting-international-best-practice.aspx 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. 2024-02-27T22:00:00Z 5856e988-d137-4c77-a56d-d619d6a5fab4 https://www.webberwentzel.com//News/Pages/private-equity-legal-developments-in-2024.aspx 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. 2024-02-26T22:00:00Z 8e0088f3-cb88-4eb5-9661-86b802762068 https://www.webberwentzel.com//News/Pages/2024-fintech-year-ahead.aspx South Africa's fintech landscape is set to undergo significant change in 2024, owing to regulatory changes, technological advancements, and increased competition. 2024-01-28T22:00:00Z 62de25f4-6efe-4f1e-860d-df63b0b2786b https://www.webberwentzel.com//News/Pages/webber-wentzel-fusion-elevating-legal-excellence-for-a-tech-forward-tomorrow.aspx 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. 2024-01-15T22:00:00Z 22bea8f8-71a0-43d0-a171-04258aab359d https://www.webberwentzel.com//News/Pages/section-12ba-light-at-the-end-of-the-tunnel.aspx 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. 2023-12-10T22:00:00Z 5e86ab1c-ce37-4b22-8383-4569d7be7148 https://www.webberwentzel.com//News/Pages/moonlighting-your-side-hustle-can-cost-you-your-job.aspx 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. 2023-12-06T22:00:00Z da6ac8dc-d3ed-4db1-937c-52ab0d083fea https://www.webberwentzel.com//News/Pages/cop28-south-africas-climate-change-regime-and-just-energy-transition-stocktake.aspx 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. 2023-12-05T22:00:00Z 05cd2ef8-1594-489f-8e93-093406793cdf https://www.webberwentzel.com//News/Pages/webber-wentzel-fintech-team-earns-top-ranking-in-chambers-fintech.aspx 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. 2023-12-05T22:00:00Z e5a2d9f7-13a6-4cb3-94d0-8e5f4926b818 https://www.webberwentzel.com//News/Pages/the-challenge-of-change-unpacking-onerous-adjustments-to-the-apportionment-formula.aspx 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). 2023-12-04T22:00:00Z b789fe1b-c869-4114-8f26-d76945459168 https://www.webberwentzel.com//News/Pages/two-pot-system-effective-date-1-september-2024.aspx 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. 2023-12-04T22:00:00Z 04305678-062f-4ae4-9f21-6c3ab7f5edfb https://www.webberwentzel.com//News/Pages/the-power-of-proactive-fraud-detection-and-the-evolution-of-fraud-in-the-public-sector.aspx 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. 2023-11-28T22:00:00Z 50337335-b0ef-42b2-bcdf-efcbb0171a4c https://www.webberwentzel.com//News/Pages/high-court-judgment-reshapes-parental-leave-rights-in-south-africa.aspx 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. 2023-11-28T22:00:00Z e3e80b5f-c885-4f14-85ce-bb8ec0ec7752 https://www.webberwentzel.com//News/Pages/financial-intelligence-centre-published-draft-public-compliance-communication-121-on-beneficial-ownership.aspx 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. 2023-11-23T22:00:00Z 0af35d91-f281-40af-9925-673eec46bbe0 https://www.webberwentzel.com//News/Pages/ransomware-and-the-obligation-to-stop-fraud.aspx 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. 2023-11-06T22:00:00Z 0c267a10-2b15-444d-8c2f-e03cc7763c53 https://www.webberwentzel.com//News/Pages/landmark-judgment-seeks-to-overhaul-existing-maternity-and-parental-leave-provisions.aspx 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. 2023-10-25T22:00:00Z d7cbf4c0-b021-4d1d-abf6-28e89fcac21e https://www.webberwentzel.com//News/Pages/open-finance-compulsory-information-request-for-all-financial-institutions-and-fintechs.aspx 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. 2023-10-17T22:00:00Z 01eb2bf7-f854-46fb-b071-ddbe6429a0f7 https://www.webberwentzel.com//News/Pages/when-can-an-employer-reject-a-medical-certificate-used-by-an-employee-to-justify-absence-from-the-workplace.aspx 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. 2023-10-16T22:00:00Z 4b971e47-0e26-4592-8f4b-8738be9cfde6 https://www.webberwentzel.com//News/Pages/bbbee-commission-explains-its-investigation-process.aspx The B-BBEE Commission has published a notice explaining how a complaint about fronting may be lodged and how it will respond. 2023-10-11T22:00:00Z e5334df9-a325-4eb3-98b1-c82af0980267 https://www.webberwentzel.com//News/Pages/financial-services-regulation-quarterly-alert-june-august-2023.aspx Keep up to date on key financial services regulatory developments in South Africa in the third quarter of 2023. 2023-10-08T22:00:00Z 2b9695a4-58a6-48ff-8ae4-f76621f4dbdb https://www.webberwentzel.com//News/Pages/reminder-from-cipc-on-beneficial-ownership-and-beneficial-interest-filings.aspx The CIPC recently published a customer notice as a timely reminder to companies to file the required beneficial ownership and beneficial interest information. 2023-10-08T22:00:00Z 2f9d8484-51fa-4f82-a5f5-cd76b269003c https://www.webberwentzel.com//News/Pages/regulatory-developments-in-the-digital-finance-era.aspx Webber Wentzel attended the Digital Finance Africa Conference in Johannesburg, which highlighted several trends and developments that will be of interest to our clients. 2023-09-25T22:00:00Z 18e6ca87-7ed7-4f96-82e5-238a1454fb41 https://www.webberwentzel.com//News/Pages/tax-laws-amendment-ignores-global-business-outsourcing-realities.aspx 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. 2023-09-11T22:00:00Z 614b3bfe-040b-4c78-a83d-97498b4aa207 https://www.webberwentzel.com//News/Pages/company-law-changes-gather-momentum-a-snapshot-of-the-key-proposed-amendments-in-the-companies-amendment-bills-2023.aspx 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. 2023-09-05T22:00:00Z 85e46889-376b-456f-9bc7-94c9d84f85bc https://www.webberwentzel.com//News/Pages/taking-tech-to-tradition-mitigating-risk-in-the-evolving-financial-services-sector.aspx 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. 2023-08-16T22:00:00Z 37da4b0a-55e4-433e-95b7-2e877c6a77de https://www.webberwentzel.com//News/Pages/tobacco-bill-will-have-far-reaching-consequences-for-the-industry-and-economy.aspx 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. 2023-08-16T22:00:00Z 27678699-1cc6-4a95-adbb-4eac951c6eed https://www.webberwentzel.com//News/Pages/fintech-and-treating-customers-fairly.aspx Fintech businesses need to apply Treating Customers Fairly (TCF) principles when designing new products and services, especially considering the digital divide. 2023-08-16T22:00:00Z 186893dd-3eee-4dcb-839d-7d5353ae1060 https://www.webberwentzel.com//News/Pages/a-snapshot-of-the-public-procurement-bill-2023.aspx 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. 2023-07-26T22:00:00Z 341ff43c-8738-482b-ae35-b234c389dff7 https://www.webberwentzel.com//News/Pages/blockchain-makes-crypto-asset-transactions-transparent-and-traceable.aspx 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. 2023-07-25T22:00:00Z c78b4d98-e692-4313-8262-72b291c64b5d https://www.webberwentzel.com//News/Pages/e-alert-prudential-authority-publishes-draft-amendments-to-the-commercial-paper-exemption-notice-1994.aspx 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 2023-07-23T22:00:00Z 4fed1b50-3796-4be4-b5db-80ac1b1a1b42 https://www.webberwentzel.com//News/Pages/when-are-government-restrictions-arms-length-a-lesson-from-3m.aspx 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 2023-07-17T22:00:00Z 81c3951b-31af-40f6-ba80-54019404cd9b https://www.webberwentzel.com//News/Pages/fsca-publishes-draft-position-paper-on-open-finance.aspx The FSCA has published for comment a Draft Position Paper setting out its policy and proposed approach towards regulating the Open Finance sector. 2023-07-16T22:00:00Z c30bb8c7-f28a-4036-9a7e-f4fdfd1141c1 https://www.webberwentzel.com//News/Pages/new-draft-rules-on-the-proposed-two-component-two-pot-retirement-system.aspx The anticipated draft amendments to legislation that will implement the first phase of the two-component retirement system have been published for comment. 2023-07-12T22:00:00Z 27ce761d-87e3-42f8-95a2-a65b4be96b67 https://www.webberwentzel.com//News/Pages/trusts-and-pbos-now-required-to-file-third-party-returns-to-sars.aspx 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. 2023-07-11T22:00:00Z 28b983a1-f0ff-4de2-9401-ae44c5d8e228 https://www.webberwentzel.com//News/Pages/the-financial-intelligence-centre-publishes-final-guidance-for-crypto-asset-services-providers.aspx The FIC has published final guidance for crypto asset services providers, which are listed as accountable institutions as of 19 December 2022. 2023-07-09T22:00:00Z e7ae39b4-5f8e-4b17-a549-161c3e47d910 https://www.webberwentzel.com//News/Pages/the-tax-implications-of-exporting-excess-electricity-to-the-municipality.aspx 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. 2023-07-09T22:00:00Z 70f3e488-e07f-4490-a9ed-73f98c5f569a https://www.webberwentzel.com//News/Pages/insurance-informer-exemption-from-liability-for-theft-by-own-employee.aspx 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. 2023-07-06T22:00:00Z 8502af78-6c63-4dc0-a855-1693eeb88d48 https://www.webberwentzel.com//News/Pages/weighted-voting-share-structures-free-float-and-spacs-amendments-to-the-listings-requirements-effective-17-july-2023.aspx 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. 2023-06-25T22:00:00Z d4434169-3183-4b18-86bd-0cce6f8ffb74 https://www.webberwentzel.com//News/Pages/recent-changes-to-coida-an-overview-of-key-amendments.aspx The Compensation for Occupational Injuries and Diseases Act (COIDA) has recently undergone several amendments, bringing about important changes that impact employers and employees. 2023-06-25T22:00:00Z 8fb4f501-b739-47f4-b6ee-3e8ebde2f510 https://www.webberwentzel.com//News/Pages/draft-rehabilitation-reintegration-and-return-to-work-regulations.aspx 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. 2023-06-25T22:00:00Z 585fa599-ada5-4a42-baca-c8e3dc9bfdff https://www.webberwentzel.com//News/Pages/paia-deadline-for-section-83-4-report-less-than-a-week-away.aspx 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. 2023-06-22T22:00:00Z ba772f24-8461-4181-871b-fe494cf18abc https://www.webberwentzel.com//News/Pages/webber-wentzel-embraces-generative-ai-as-part-of-its-ongoing-innovation-journey.aspx 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. 2023-06-22T22:00:00Z 47e652c1-e434-49dd-8930-85720a07a477 https://www.webberwentzel.com//News/Pages/from-fraud-to-fortification-strengthening-hiring-processes-to-prevent-the-need-to-litigate.aspx By verifying documents during hiring, employers could save themselves costly litigation against employees who submit fraudulent credentials to secure jobs and promotions. 2023-06-21T22:00:00Z 021efbb7-c832-4088-bb29-0f41a76ef7d9 https://www.webberwentzel.com//News/Pages/tax-incentive-for-rooftop-solar-a-proverbial-two-birds-one-stone.aspx 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. 2023-06-21T22:00:00Z bcaef4f8-2521-4e25-af57-976de8d7e7cd https://www.webberwentzel.com//News/Pages/new-frontiers-options-for-dispute-resolution-under-the-afcfta-investment-protocol.aspx 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. 2023-06-18T22:00:00Z cc8ecde4-f947-4cd9-9d2c-0da2b8561967 https://www.webberwentzel.com//News/Pages/the-costs-and-consequences-of-insurance-fraud.aspx 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. 2023-06-14T22:00:00Z 87025c62-dc77-4c9e-91f3-8a57275e9aa6 https://www.webberwentzel.com//News/Pages/national-treasury-takes-proposed-two-pot-retirement-system-forward.aspx 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 2023-06-12T22:00:00Z 2cbadebb-7ab1-4199-a61e-61d0b6943f63 https://www.webberwentzel.com//News/Pages/update-further-relief-for-zep-holders-with-the-concession-extended-until-31-december-2023.aspx A new Immigration Directive issued gives Zimbabwean Exemption Permit (ZEP) holders further relief with the extension of the concession to 31 December 2023. 2023-06-07T22:00:00Z cdb2105d-1bcf-4e4d-9a1c-d41a6816ca98 https://www.webberwentzel.com//News/Pages/insurance-informer-mauritian-supreme-court-awards-unprecedented-damages-in-a-road-accident-claim.aspx 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. 2023-06-05T22:00:00Z b0a4d4b9-bbbc-431b-979e-f3865f24d3f4 https://www.webberwentzel.com//News/Pages/zimbabwean-exemption-permit-holders-30-June-2023-is-closer-than-you-may-realise.aspx 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. 2023-06-01T22:00:00Z 7006a006-6325-41c2-bee0-e2a96006185a https://www.webberwentzel.com//News/Pages/south-african-crypto-providers-now-caught-in-licensing-net.aspx South African regulators have now defined crypto as a financial asset. But what does it mean in practice? 2023-05-28T22:00:00Z eae35593-b802-4804-8a81-2ca3d1aca067 https://www.webberwentzel.com//News/Pages/private-equity-firms-rise-above-global-economic-stress.aspx 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. 2023-05-28T22:00:00Z 4ff89ce6-8c86-4a98-8dd7-78345e507e1a https://www.webberwentzel.com//News/Pages/batteries-pesticides-and-lubricants-added-to-extended-producer-responsibility-schemes.aspx 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. 2023-05-24T22:00:00Z 9937c174-28d1-42c3-ac1d-78f1b9eb8b3f https://www.webberwentzel.com//News/Pages/retrenched-by-hal-9000-what-employers-should-know-before-using-ai-in-dismissals-based-on-operational-requirements.aspx 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. 2023-05-15T22:00:00Z 5703eba6-d264-4956-8000-00a99ce40577 https://www.webberwentzel.com//News/Pages/worth-their-weight-in-gold-high-value-goods-dealers-fall-within-fica-ambit.aspx 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 2023-05-09T22:00:00Z d9d30fdc-b234-4bf4-8caf-9afa15bc52ba https://www.webberwentzel.com//News/Pages/south-africa-potential-copyright-calamity.aspx South Africa’s Copyright Amendment Bill and Performers Protection Amendment Bill could potentially harm rather than help the creative industry and needs serious reconsideration. 2023-04-25T22:00:00Z f6e16d9e-98b4-46f2-8502-9791b55a345b https://www.webberwentzel.com//News/Pages/patenting-ai-inventions-the-robots-are-not-going-to-work-for-free.aspx While South Africa’s Copyright Act protects non-human inventors, the Patents Act does not, which is an unsatisfactory position. 2023-04-24T22:00:00Z 49d45dda-9282-4704-aef3-cc8b545cfbae https://www.webberwentzel.com//News/Pages/a-popia-perspective-on-the-financial-intelligence-centre-directive-8.aspx The FIC’s Directive 8, requiring accountable institutions to screen employees, should be applied while complying with POPIA’s restrictions on processing personal information. 2023-04-23T22:00:00Z 97ca35bb-7372-41e2-8069-dfb05c180acc https://www.webberwentzel.com//News/Pages/constitutional-court-judgment-brings-finality-to-the-meaning-of-in-response-to-a-strike-when-employers-use-replacement.aspx On 18 April 2023, the Constitutional Court handed down judgment in National Union of Metalworkers of South Africa (NUMSA) v Trenstar (Pty) Ltd (Trenstar). 2023-04-19T22:00:00Z f9960427-013f-407a-ba22-cff359dcb589 https://www.webberwentzel.com//News/Pages/are-you-ready-fic-employee-screening-directive-is-effective.aspx 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. 2023-04-18T22:00:00Z 88f2e527-d7ee-4de9-8347-7695130b1990 https://www.webberwentzel.com//News/Pages/department-of-home-affairs-issues-new-Immigration-directive.aspx 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. 2023-04-16T22:00:00Z ec17c7b0-89eb-425e-a43c-6908dc8494a0 https://www.webberwentzel.com//News/Pages/employment-equity-amendment-bill-2020-signed-into-law-employers-must-act-swiftly-and-take-a-measured-approach.aspx 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. 2023-04-12T22:00:00Z 1c645e7b-f3e1-4cd1-a8f6-583e412e1fde https://www.webberwentzel.com//News/Pages/deduction-of-income-tax-and-estate-duty.aspx 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. 2023-04-11T22:00:00Z 27fc7098-5e52-47fc-a3a1-dbf35424f225 https://www.webberwentzel.com//News/Pages/self-generated-goodwill-and-cgt.aspx 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. 2023-04-11T22:00:00Z 33685815-ff4b-482f-927c-261118976da4 https://www.webberwentzel.com//News/Pages/gender-empowerment-in-the-workplace-is-more-than-a-moral-obligation.aspx 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. 2023-04-10T22:00:00Z 975afe45-01a7-4d79-b097-b59adaf1b44b https://www.webberwentzel.com//News/Pages/contributions-to-employee-share-incentive-trusts.aspx 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. 2023-04-10T22:00:00Z efa3c76d-6d6d-4c2d-bd2e-51e843000eae https://www.webberwentzel.com//News/Pages/share-buy-backs.aspx 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. 2023-04-10T22:00:00Z 09c2674d-714f-4c83-847f-e599b7ba6995 https://www.webberwentzel.com//News/Pages/home-affairs-extends-temporary-measures-to-manage-visa-and-waiver-applications.aspx The Department of Home Affairs (DHA) has introduced temporary measures to address a backlog in processing visa and waiver applications. 2023-03-29T22:00:00Z 6f8cbed1-028e-4887-b2ff-0d15ecee1fd6 https://www.webberwentzel.com//News/Pages/south-africans-bask-in-new-tax-breaks-for-solar-power.aspx Government has announced temporary incentives for residential and business solar PV installations to help boost South Africa’s energy generation. 2023-03-29T22:00:00Z 30608767-18e7-469f-89a7-cbef90a844bd https://www.webberwentzel.com//News/Pages/developers-vs-owners-who-does-the-fiduciary-duty-of-cryptocurrency-lie-with.aspx 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. 2023-03-26T22:00:00Z 0c035a15-6664-4bfe-aeef-5c29df7334eb https://www.webberwentzel.com//News/Pages/foreign-employers-will-be-required-to-register-with-sars.aspx 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. 2023-03-23T22:00:00Z a9c1548d-05ee-4ed8-b953-4c44a8bcd384 https://www.webberwentzel.com//News/Pages/collective-misconduct-and-the-burden-of-proof-lessons-for-employers.aspx 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. 2023-03-22T22:00:00Z d82b7ac4-243c-4921-b6b4-187bd1e41213 https://www.webberwentzel.com//News/Pages/greylisting-turns-the-spotlight-on-beneficial-ownership-of-companies-and-financial-institutions.aspx 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. 2023-03-19T22:00:00Z 0646c404-7c3f-4973-8d20-e5e659c0ddd4 https://www.webberwentzel.com//News/Pages/new-tax-dispute-resolution-rules-come-into-effect-immediately.aspx New tax dispute resolution rules provide for, amongst others, 80 days to submit an objection and more independence of an ADR facilitator. 2023-03-13T22:00:00Z 8e426684-088f-4a48-a86c-8e559e1f666c https://www.webberwentzel.com//News/Pages/unpopular-employee-lessons-for-employers.aspx 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. 2023-03-12T22:00:00Z 1d52d544-15c1-4cdf-8a95-a0acc42e17ac https://www.webberwentzel.com//News/Pages/webber-wentzel-dispute-resolution-outlook-2023.aspx 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. 2023-02-28T22:00:00Z b4fd55a2-da56-44a9-9829-bc06f3356d12 https://www.webberwentzel.com//News/Pages/what-you-need-to-know-about-chatgpt-and-copyright.aspx Large language models provide a wide range of services but the way they synthesise their information may infringe copyright laws. 2023-02-28T22:00:00Z d7d2171c-7d08-4b0b-9304-dcbc46a57d57 https://www.webberwentzel.com//News/Pages/restraints-of-trade-and-settlement-agreements-a-lesson-for-employers-on-the-full-and-final-settlement-of-disputes.aspx 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. 2023-02-26T22:00:00Z 70422244-c09b-4431-ba19-d6401d109824 https://www.webberwentzel.com//News/Pages/impact-of-the-national-minimum-wage-on-agribusinesses.aspx 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 2023-02-26T22:00:00Z 41147967-ea43-4991-b3e1-1dcf195fead0 https://www.webberwentzel.com//News/Pages/south-africa-has-been-grey-listed-what-are-the-implications-for-the-country-going-forward.aspx 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 2023-02-23T22:00:00Z 8ebf878b-53aa-4f94-bba3-6694f897a11f https://www.webberwentzel.com//News/Pages/new-national-minimum-wage-announced.aspx 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. 2023-02-21T22:00:00Z 0b4adc74-adf8-4ab4-99bc-cfd9e254ff10 https://www.webberwentzel.com//News/Pages/budget-2023-gives-relief-to-hard-pressed-south-african-taxpayers.aspx 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. 2023-02-21T22:00:00Z 40750229-e368-4389-8f43-1e7ab4b6024b https://www.webberwentzel.com//News/Pages/2023-earnings-threshold-entitles-employees-to-stricter-labour-legislation-protections.aspx 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. 2023-02-20T22:00:00Z fe77919e-11b6-4adc-a61b-ba15fb3f625a https://www.webberwentzel.com//News/Pages/lawyers-2.0-in-a-chatgpt-world-the-human-ai-connection.aspx 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. 2023-02-13T22:00:00Z 13039db0-8693-4041-a8f2-760442fe43b2 https://www.webberwentzel.com//News/Pages/new-sec-compensation-clawback-rules-impact-us-listed-south-african-private-issuers.aspx A new US Securities Exchange Act Rule will take effect on 27 January 2024 and impact US-listed private issuers and dual-listed companies. 2023-02-13T22:00:00Z 14773617-6de8-4d9a-8d3b-76abc6a7fcad https://www.webberwentzel.com//News/Pages/a-matter-already-judged-cannot-be-judged-again.aspx 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. 2023-01-26T22:00:00Z 001e5228-16fb-4984-b543-c38ac06f08d8 https://www.webberwentzel.com//News/Pages/webber-wentzel-recognised-as-2022-south-africa-law-firm-of-the-year-by-top-ranked-legal.aspx Webber Wentzel has been awarded the 2022 South Africa Law Firm of the Year in the EMEA Awards by Top Ranked Legal. 2022-12-20T22:00:00Z 310cbba0-d8fc-4efd-9f75-9aecc8ef4665 https://www.webberwentzel.com//News/Pages/new-preferential-procurement-regulations-a-placeholder.aspx 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. 2022-12-12T22:00:00Z effe0376-d340-4dbd-9372-07bb5cf7522a https://www.webberwentzel.com//News/Pages/webber-wentzel-outranks-its-south-african-peers-in-fintech.aspx 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. 2022-12-08T22:00:00Z 50eb2f2a-7284-46df-8282-ab900c09eaae https://www.webberwentzel.com//News/Pages/the-ever-changing-cti-landscape.aspx In this vidcast, Webber Wentzel’s team of competition, trade and investment (CTI) experts share some valuable knowledge and insights. 2022-12-07T22:00:00Z 7a7a2b99-d055-40a1-a40e-456e96c752e6 https://www.webberwentzel.com//News/Pages/income-tax-and-vat-mining-of-crypto-assets.aspx 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. 2022-12-05T22:00:00Z 8635f544-fbf3-4f80-be0e-27b811010a94 https://www.webberwentzel.com//News/Pages/resolving-customs-and-excise-disputes-with-sars-litigation-part-4-of-4-parts-series.aspx There are various mechanisms to resolve disputes with SARS' Customs and Excise divisions. In this article, we consider the final mechanism: litigation against SARS. 2022-12-05T22:00:00Z c51df5f5-7e53-41a1-afc2-86024da862d2 https://www.webberwentzel.com//News/Pages/staving-off-greylisting-requires-action-from-south-africas-public-and-private-sectors.aspx 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. 2022-11-21T22:00:00Z 1a1760fd-a6b2-43dc-aece-2293b98e951b https://www.webberwentzel.com//News/Pages/uneven-barter-transactions.aspx 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. 2022-11-20T22:00:00Z a9b0bc10-ec0e-474a-b253-5f77700d9398 https://www.webberwentzel.com//News/Pages/greenwashing-and-the-role-of-the-advertising-regulatory-board-in-south-africa.aspx 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. 2022-11-20T22:00:00Z a98ce5a8-40b6-42af-b542-204b8e1b3060 https://www.webberwentzel.com//News/Pages/embracing-neurodiversity-beyond-disability.aspx 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. 2022-11-17T22:00:00Z 13bb0f35-00a0-442e-9fd8-d47b34f40032 https://www.webberwentzel.com//News/Pages/capital-gains-cannot-flow-through-multiple-discretionary-trusts-sca.aspx 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 2022-11-17T22:00:00Z 2af2793b-488d-4347-a563-8cba62da9cda https://www.webberwentzel.com//News/Pages/public-sector-strike-action-may-put-the-new-essential-service-committee-regulations-of-2022-to-the-test.aspx 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? 2022-11-17T22:00:00Z 8c999391-13f5-454c-ab50-f2fad9cf7293 https://www.webberwentzel.com//News/Pages/the-jse-moves-forward-with-its-consultation-paper-proposals-to-amend-the-listings-requirements.aspx 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. 2022-11-16T22:00:00Z b2c6bf8a-97e2-4b5f-bb5e-169c82e322de https://www.webberwentzel.com//News/Pages/webber-wentzels-2022-financial-services-round-up.aspx 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: 2022-11-14T22:00:00Z 6a4d4287-2763-4267-b98a-5f3230a8505a https://www.webberwentzel.com//News/Pages/dismissal-emanating-from-wearing-high-heeled-shoes-sartorial-elegance-against-health-and-safety.aspx 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. 2022-11-09T22:00:00Z 75dff340-b563-4456-99ff-8e3434cc15fd https://www.webberwentzel.com//News/Pages/win-for-new-mothers-as-brandt-v-quoin-rock-wines-develops-protection-from-unfair-discrimination-on-the-grounds-of-pregnancy.aspx A recent Labour Court judgment develops the prohibition against unfair discrimination on the grounds of pregnancy. 2022-11-08T22:00:00Z f0ccbfd4-9880-40d2-9455-e0b17dc9f1a9 https://www.webberwentzel.com//News/Pages/investment-by-the-private-sector-will-drive-the-afcfta-forward.aspx 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 2022-11-03T22:00:00Z 90bf95b1-b48e-4b7c-8cb4-dcecd5c8e0fb https://www.webberwentzel.com//News/Pages/trading-under-the-afcfta-becomes-a-reality-guided-trade-initiative-launched.aspx 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. 2022-11-03T22:00:00Z ab2e2403-dcf4-425a-a545-2bae2a438601 https://www.webberwentzel.com//News/Pages/restrain-or-react-greylisting-in-south-africa.aspx 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. 2022-11-01T22:00:00Z 599c9db5-30b2-4899-b7ca-5fb0fd55f523 https://www.webberwentzel.com//News/Pages/violence-and-intimidation-associated-with-industrial-action-using-picketing-rule-and-code-on-harasment-to-migitate-violence.aspx Employers trying to tackle violence related to industrial action have traditionally reacted with court proceedings and disciplinary action once such action has taken place. 2022-10-26T22:00:00Z 571c9759-6395-4a20-8c68-38e0f6801701 https://www.webberwentzel.com//News/Pages/are-brps-and-liquidators-overlooking-potential-esg-benefits-and-ignoring-possible-risks.aspx 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. 2022-10-25T22:00:00Z e1de3008-2f2c-4fc8-aeb2-1cac2afaf6c5 https://www.webberwentzel.com//News/Pages/amended-ee-bill-tightens-up-on-transformation-targets.aspx 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. 2022-10-25T22:00:00Z dbf45c7b-2f7e-492d-a02e-d7a5e3b8b936 https://www.webberwentzel.com//News/Pages/webber-wentzel-won-the-african-legal-awards-for-african-law-firm-of-the-year.aspx Webber Wentzel has been named African Law Firm of the Year (Mid-Large Sized Practice) at the 2022 African Legal Awards. 2022-10-23T22:00:00Z efe18fd2-a14f-4968-a2a0-bc35a40f2b03 https://www.webberwentzel.com//News/Pages/fsca-declares-crypto-assets-a-financial-product.aspx The Financial Sector Conduct Authority has published the first of what will be a series of regulations to manage crypto assets and their providers. 2022-10-20T22:00:00Z 0a5bc5e6-1f1c-4296-b253-0cc3033da9e5 https://www.webberwentzel.com//News/Pages/national-treasury-and-sars-refine-two-pot-retirement-proposals-in-response-to-feedback.aspx After wide consultation, National Treasury and SARS have made some changes and clarifications to the original proposals on introducing a “two pot” retirement system. 2022-10-17T22:00:00Z c5b208ee-e3f5-4140-ab18-9889e5f090b1 https://www.webberwentzel.com//News/Pages/employers-role-in-eradicating-gender-based-violence-legally-required-or-simply-virtuous.aspx 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. 2022-10-13T22:00:00Z 15cde386-d56f-46db-aa2f-22f830e2be19 https://www.webberwentzel.com//News/Pages/debt-bondage-in-an-esg-era-are-garnishee-orders-indicators-of-forced-labour.aspx 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. 2022-10-05T22:00:00Z 6ed8fb58-a8d7-4fd0-809e-e5ff7bed185e https://www.webberwentzel.com//News/Pages/gbv-bill-establishing-the-national-council-on-gbv-and-femicide-to-be-introduced-to-parliament.aspx 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). 2022-10-04T22:00:00Z e5c6240e-64a6-4110-ada5-31f3e73e8f17 https://www.webberwentzel.com//News/Pages/the-employment-services-amendment-bill-gives-a-glimpse-into-the-future-of-digital-labour-platforms.aspx 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. 2022-09-27T22:00:00Z ae0fac88-80a8-470a-b984-dd7b1d0699de https://www.webberwentzel.com//News/Pages/new-guidelines-aim-to-capture-more-notifiable-mergers.aspx On 23 September 2022, the Competition Commission published final Guidelines on Small Merger Notification which significantly expand the scope of potentially notifiable mergers. 2022-09-26T22:00:00Z 60e6607d-f260-40ac-8046-9b671c4d5f56 https://www.webberwentzel.com//News/Pages/webber-wentzel-won-the-african-legal-awards-m-and-a-team-of-the-year.aspx 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. 2022-09-25T22:00:00Z 30a3598a-0226-4c43-bd76-d59e105fa662 https://www.webberwentzel.com//News/Pages/international-arbitration-in-conversation-with-some-of-our-experts.aspx A few insights from four of our young partners who are specialists in international arbitration. 2022-09-22T22:00:00Z 8305c426-e213-47c3-81a3-a1a646c3a61e https://www.webberwentzel.com//News/Pages/how-will-amendments-to-fica-schedules-1-2-and-3-apply-to-credit-providers.aspx Amendments to schedules 1,2 and 3 of FICA will see the inclusion of credit providers as accountable institutions. 2022-09-13T22:00:00Z ddfbe827-f9c8-4a69-99d9-8dbed46a5fb7 https://www.webberwentzel.com//News/Pages/ten-things-you-ought-to-know-about-sa-planned-two-pot-system-for-retirement-savings.aspx Draft amendments have been published to introduce the proposed two-pot system for retirement savings. Here is a summary of the main features. 2022-09-12T22:00:00Z 4fd913fb-53b8-4bd4-904c-651daa2a061b https://www.webberwentzel.com//News/Pages/home-affairs-introduces-temporary-measures-to-manage-pending-visa-and-waiver-applications.aspx The Department of Home Affairs (DHA) has introduced further temporary measures in respect of a backlog towards processing outcomes on visa and waiver applications. 2022-09-11T22:00:00Z c05e3a5a-2849-4a80-877a-e44e8baa53e5 https://www.webberwentzel.com//News/Pages/regulators-take-steps-to-encourage-esg-in-the-financial-services-industry.aspx 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. 2022-09-11T22:00:00Z 8b535200-0194-4ad2-a031-e0fee6698fd1 https://www.webberwentzel.com//News/Pages/esg-disclosure-framework-in-the-pipeline-for-south-african-financial-services-companies.aspx The South African Reserve Bank will shortly issue a draft sketching an ESG disclosure framework for the financial services organisations that it supervises. 2022-09-11T22:00:00Z 7a0fe57b-ccb7-4c6b-8c69-ec503f90a8ab https://www.webberwentzel.com//News/Pages/do-androids-recognise-electric-sheep-south-africa-recognition-of-blockchain-arbitration-agreements.aspx The enforceability of (foreign) blockchain arbitrations under South Africa's international arbitration regime might be difficult but there are possible solutions. 2022-09-11T22:00:00Z 32177ac4-6b0f-442b-9617-ea2d602c184e https://www.webberwentzel.com//News/Pages/high-court-finds-that-plaintiff-challenge-is-really-a-challenge-to-the-resolution-approving-a-scheme-of-arrangement.aspx 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. 2022-09-07T22:00:00Z 3ee7b28f-d196-4fc2-9b89-5d0b41a46b97 https://www.webberwentzel.com//News/Pages/whistleblowing-in-africa.aspx 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. 2022-09-07T22:00:00Z bb5fbf61-dfe6-40fb-92e5-3f6ec8c2d39b https://www.webberwentzel.com//News/Pages/some-relief-for-zimbabweans-and-another-internal-change.aspx 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. 2022-09-05T22:00:00Z b4cc0072-1942-4abe-bf92-ae01e64a90fc https://www.webberwentzel.com//News/Pages/significant-changes-to-transformation-in-the-workplace-set-for-1-september-2023.aspx 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. 2022-08-31T22:00:00Z 067a2a10-9809-4138-850c-5f338c029f7c https://www.webberwentzel.com//News/Pages/common-purpose-in-strike-related-misconduct-when-seeing-evil-is-not-enough.aspx 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. 2022-08-31T22:00:00Z 7ce9c400-3815-428c-b37f-c6c41839b8a9 https://www.webberwentzel.com//News/Pages/an-intersectional-approach-to-unfair-discrimination-based-on-pregnancy.aspx 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. 2022-08-30T22:00:00Z c891fa04-3011-45c6-bb62-79fbaa41294b https://www.webberwentzel.com//News/Pages/esg-reporting-and-disclosure-in-a-new-era-for-companies.aspx 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. 2022-08-29T22:00:00Z a9caf6b3-fd09-4264-aec0-ff4dfb15b774 https://www.webberwentzel.com//News/Pages/treasury-proposes-changes-to-its-anti-money-laundering-and-terrorist-financing-regime-to-fight-potential-greylisting.aspx 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. 2022-08-25T22:00:00Z dd893603-57b7-4d3e-bed0-4840f0c6d261 https://www.webberwentzel.com//News/Pages/esg-achieving-net-zero-and-the-role-of-carbon-tax.aspx 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. 2022-08-17T22:00:00Z e40055d8-17f1-4b28-bbb0-800035cc5f10 https://www.webberwentzel.com//News/Pages/b-bbee-commission-releases-2021-national-status-and-trends-report.aspx The B-BBEE Commission’s latest report on empowerment trends shows a decrease in overall black ownership, as well as in black women ownership. 2022-08-16T22:00:00Z 8e7bf2a5-97cb-4774-b654-d3b817c83dc8 https://www.webberwentzel.com//News/Pages/legal-considerations-relating-to-electronic-meetings.aspx As more companies convene virtual shareholders’ meetings post-pandemic, they need to follow certain procedures to avoid falling foul of the Companies Act. 2022-08-11T22:00:00Z 2899e3c4-b343-4880-8518-7401d4939cf8 https://www.webberwentzel.com//News/Pages/esg-matters-need-a-coordinated-and-practical-approach.aspx 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. 2022-08-11T22:00:00Z 163b7fc5-f5a8-4e7f-8f02-4f4d9d8186da https://www.webberwentzel.com//News/Pages/sca-decision-on-advertising-regulatory-boards-powers-a-victory-for-brand-owners-and-consumers.aspx 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. 2022-08-04T22:00:00Z 25dc6b4f-95e2-40db-8b24-fe5a8b1addcd https://www.webberwentzel.com//News/Pages/resolving-customs-and-excise-disputes-with-SARS-ancillary-dispute-resolution-mechanisms-part-3-of-4-part-series.aspx 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. 2022-08-03T22:00:00Z 646730e1-e186-40a3-8016-03246b3e6630 https://www.webberwentzel.com//News/Pages/the-mining-of-crypto-assets-has-complex-income-tax-and-vat-implications.aspx 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. 2022-08-02T22:00:00Z 67c5fd88-b025-499c-8503-93f2e9ec9295 https://www.webberwentzel.com//News/Pages/sars-outlines-plans-to-require-new-third-party-data-submission-from-trusts-and-section-18a-institutions.aspx In line with its Vision 2024 to streamline tax collection, SARS will implement new systems for reporting trust distributions and donations to approved institutions. 2022-08-02T22:00:00Z 335013f9-ae63-4749-a0a5-d96d99ed248c https://www.webberwentzel.com//News/Pages/final-draft-of-the-replacement-nema-financial-provisioning-regulations-published.aspx 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. 2022-07-27T22:00:00Z 46031cd9-5f5a-461c-ba5a-4b6ddc31b6e4 https://www.webberwentzel.com//News/Pages/south-african-energy-crisis-the-practical-implications-of-the-government-proposed-interventions.aspx 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. 2022-07-26T22:00:00Z 62282f26-1c77-44b9-ac42-9a9273cb8b5d https://www.webberwentzel.com//News/Pages/linking-the-s-in-esg-to-employment-tax-incentives.aspx 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. 2022-07-26T22:00:00Z 5c8fd697-d3a2-4ea5-816c-4572a763db90 https://www.webberwentzel.com//News/Pages/are-you-drone-spy-legal-implications-of-the-private-operation-of-drones-and-the-right-to-privacy.aspx Certain legal restrictions apply to drones, which are increasingly being deployed by hobbyists and commercial operators, and the penalties for infringing privacy are severe. 2022-07-25T22:00:00Z 05467e93-4a2f-4084-b721-286f328f0e3a https://www.webberwentzel.com//News/Pages/key-considerations-for-companies-when-removing-a-director-from-office.aspx 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. 2022-07-25T22:00:00Z bf4f37bd-2888-4e69-a69e-75ce27be6f64 https://www.webberwentzel.com//News/Pages/retirement-funds-and-salaries-are-not-a-refuge-from-the-taxman.aspx SARS has the powers to appoint third parties to collect outstanding tax debts from a taxpayer’s retirement or salary payments. 2022-07-19T22:00:00Z 6603c99e-fce0-49ce-a230-1040305c653c https://www.webberwentzel.com//News/Pages/the-south-african-reserve-bank-confirms-that-it-is-now-looking-at-crypto-regulation.aspx 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. 2022-07-18T22:00:00Z cb5a48b9-e543-4745-9415-44d5c40b5511 https://www.webberwentzel.com//News/Pages/the-green-the-bad-and-the-ugly-the-risks-of-greenwashing.aspx 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 2022-07-18T22:00:00Z b3f2522a-c897-483e-a789-758ae60c4581 https://www.webberwentzel.com//News/Pages/preparing-for-an-investigation-into-your-transfer-pricing-practices.aspx 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. 2022-07-13T22:00:00Z 50cd86f0-7086-4a3a-847c-a1170bb84ea2 https://www.webberwentzel.com//News/Pages/importers-obligation-to-disclose-transfer-pricing-year-end-adjustments-under-the-customs-and-excise-act.aspx 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. 2022-07-12T22:00:00Z 0af6299d-8654-463f-ba43-e5709a72dc5f https://www.webberwentzel.com//News/Pages/nemlaa-iv-will-introduce-changes-to-nema-appeals-some-positive-some-negative.aspx 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. 2022-07-10T22:00:00Z 4da87a58-5277-4f38-8e8f-520a4b1c4b50 https://www.webberwentzel.com//News/Pages/new-visa-system-taking-flight-a-turbulent-period-for-foreign-employees-as-visa-application-backlogs-increase.aspx 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. 2022-07-06T22:00:00Z 0c5a6d2c-1476-431b-8f2b-4a6ec178d89b https://www.webberwentzel.com//News/Pages/b-bbee-commission-findings-are-not-beyond-legal-scrutiny-so-says-the-high-court.aspx 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. 2022-07-04T22:00:00Z caec129d-ceac-4082-8075-702a8277071c https://www.webberwentzel.com//News/Pages/le-tour-de-ip.aspx 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. 2022-07-03T22:00:00Z 9680f84b-ce64-4fd3-b596-4ff66010f882 https://www.webberwentzel.com//News/Pages/nemla-iv-will-tighten-rectification-processes.aspx The proposed amendments to the rectification application process are intended to tighten the risk associated with these applications and deter abuse. 2022-06-30T22:00:00Z 5dc26880-91d6-49fa-8ade-288288e404b8 https://www.webberwentzel.com//News/Pages/invalid-or-unfair-formulating-dismissal-claims-to-bypass-the-ccma-is-not-a-shortcut-to-the-labour-court.aspx 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. 2022-06-30T22:00:00Z 7c3b31e2-49c3-4a34-b5ad-a13abfc5eda6 https://www.webberwentzel.com//News/Pages/nemla-iv-sets-the-scene-for-major-changes-to-financial-provisioning-laws.aspx 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. 2022-06-28T22:00:00Z ded7555c-6810-4950-9675-a315e2440563 https://www.webberwentzel.com//News/Pages/legal-issues-in-the-metaverse-part-2.aspx 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. 2022-06-23T22:00:00Z e6639731-593f-4e71-8173-c97644a46ba4 https://www.webberwentzel.com//News/Pages/covid-19-regulations-eased-masks-gatherings-and-border-crossings-see-major-change-in-regulation.aspx 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. 2022-06-22T22:00:00Z 888c44b1-2949-472a-866a-f64332d0a34f https://www.webberwentzel.com//News/Pages/sars-streamlines-auto-assessments-for-the-2022-tax-filing-season.aspx 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. 2022-06-22T22:00:00Z 7a6a15b7-3871-4208-92c3-1b5155f99ced https://www.webberwentzel.com//News/Pages/fsca-request-for-information-on-paid-up-members-of-retirement-funds.aspx 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. 2022-06-22T22:00:00Z 70db173a-e1ff-4018-98dd-8d244829ff0e https://www.webberwentzel.com//News/Pages/national-treasury-sheds-light-on-its-thinking-around-retirement-reform.aspx 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. 2022-06-22T22:00:00Z 78e264a4-c74f-485b-9e9a-6d19f965a2c4 https://www.webberwentzel.com//News/Pages/who-can-exercise-minority-rights-in-fundamental-transactions-and-is-it-necessary-to-hold-separate-scheme-meetings.aspx 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. 2022-06-21T22:00:00Z a1b2326e-d102-41a9-8a97-4f3cf8886aed https://www.webberwentzel.com//News/Pages/unfairly-excluding-south-africans-from-employment-opportunities-in-favour-of-foreign-nationals-regarded-discrimination.aspx 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. 2022-06-21T22:00:00Z 8ee33645-286c-43c5-8722-a34daa86817a https://www.webberwentzel.com//News/Pages/supreme-court-of-appeal-upholds-minority-shareholder-rights-in-share-repurchase.aspx 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. 2022-06-13T22:00:00Z 8ddb1545-2a98-4ee3-a84b-22eec0510c3c https://www.webberwentzel.com//News/Pages/timing-is-everything-in-the-labour-court-dismissing-a-claim-due-to-inordinate-delay.aspx 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 2022-06-07T22:00:00Z b62c2e42-c27d-477b-9bc6-08006f9c1c9d https://www.webberwentzel.com//News/Pages/sars-publishes-income-tax-return-filing-dates-for-the-2022-year-of-assessment.aspx 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. 2022-05-30T22:00:00Z 0805ffd5-10d9-417c-8d05-976e720e0306 https://www.webberwentzel.com//News/Pages/you-better-mean-it-when-you-say-I-am-out.aspx 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. 2022-05-29T22:00:00Z 79524f92-c7b4-47c7-a58f-3ec0bb0e4ffd https://www.webberwentzel.com//News/Pages/greater-esg-compliance-will-help-to-address-cost-and-reputational-problems-in-building-contracts.aspx 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. 2022-05-23T22:00:00Z 5731d78e-106e-4fb7-aca3-21c7f41150c2 https://www.webberwentzel.com//News/Pages/new-harassment-code-will-require-employers-to-overhaul-existing-policies.aspx 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 2022-05-23T22:00:00Z c772df69-4008-42cf-a099-d6a7eb3f3a71 https://www.webberwentzel.com//News/Pages/further-update-nema-financial-provisioning-regulations-2015-more-than-an-extra-year-added-to-comply.aspx 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. 2022-05-18T22:00:00Z aa01f861-4d6d-434b-a821-ee99853ceecc https://www.webberwentzel.com//News/Pages/cutting-red-tape-amendments-to-the-listings-requirements-effective-from-1-June-2022.aspx Amendments to the JSE Listings Requirements to cut red tape and achieve effective, fit-for-purpose regulations for financial markets have been approved. 2022-05-12T22:00:00Z 96abf413-2902-4321-b66d-c2760fda9d67 https://www.webberwentzel.com//News/Pages/legal-issues-in-the-metaverse-part-1.aspx 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). 2022-05-10T22:00:00Z 62ab94a3-5541-4150-9c93-d3f4e545b5c6 https://www.webberwentzel.com//News/Pages/chambers-and-partners-corporate-m-and-a-2022.aspx 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. 2022-05-04T22:00:00Z ff310ee3-a351-40e5-a198-f65d774f5b6c https://www.webberwentzel.com//News/Pages/electronic-dispute-process-now-available-to-employers-objecting-to-sars-administrative-penalties.aspx 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 2022-05-04T22:00:00Z 1f947c2b-5bb1-4ce0-b932-8bcca51e1cf5 https://www.webberwentzel.com//News/Pages/supply-chain-risks-need-to-be-built-into-construction-contracts.aspx 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. 2022-05-02T22:00:00Z a47fa4e3-266d-4343-aeab-9ad92f56286d https://www.webberwentzel.com//News/Pages/POPIA-thoughts-and-perspectives-10-months-in.aspx Recent developments relevant to data protection issues offer some guidance for businesses, including in the event of data breaches and M&A transactions. 2022-04-24T22:00:00Z e741f282-427d-44f1-b65a-83fa97a6f288 https://www.webberwentzel.com//News/Pages/voting-against-the-adoption-of-business-rescue-plan-is-your-vote-inappropriate.aspx 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. 2022-04-19T22:00:00Z d9dd9939-7f6e-470f-b490-6830c51e23d5 https://www.webberwentzel.com//News/Pages/can-an-external-company-be-wound-up-in-sa-an-update.aspx A relevant ruling in the Steinhoff case gives welcome clarity on the status of insolvent external companies in South Africa 2022-04-19T22:00:00Z f8ca9eb7-97ed-49e1-bef0-497e94cf6460 https://www.webberwentzel.com//News/Pages/the-impact-of-public-interest-on-m-and-a-transations-in-2022.aspx 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. 2022-04-06T22:00:00Z 29beb93b-ffd1-4746-82a9-ab9001d26303 https://www.webberwentzel.com//News/Pages/national-treasury-launches-the-green-finance-taxonomy-paper.aspx 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. 2022-04-04T22:00:00Z 085c3fb6-103d-450b-a61f-035b7b457e81 https://www.webberwentzel.com//News/Pages/competition-commission-increases-focus-on-digital-economy.aspx 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. 2022-03-31T22:00:00Z 76fe3ac9-153d-482c-9cac-a7a71ec441f1 https://www.webberwentzel.com//News/Pages/business-rescue-what-about-the-shareholders.aspx 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? 2022-03-29T22:00:00Z 75950f07-3987-477a-bcf0-c11896eae4f8 https://www.webberwentzel.com//News/Pages/22-legal-developments-for-businesses-to-monitor-in-2022.aspx 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. 2022-03-22T22:00:00Z 40d43784-5417-403a-a8ce-a27e1a7020de https://www.webberwentzel.com//News/Pages/sa-procurement-regulatory-regime-finds-itself-in-muddy-waters.aspx 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. 2022-03-21T22:00:00Z bad8ab64-a893-4e4c-9e19-7c828c2a922e https://www.webberwentzel.com//News/Pages/sars-vision-2024-greater-efficiency-in-collections-but-questions-remain.aspx 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. 2022-03-21T22:00:00Z b3eb9202-c0b3-410f-84ca-ff4f6e071349 https://www.webberwentzel.com//News/Pages/managing-covid-19-after-the-national-state-of-disaster.aspx 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. 2022-03-15T22:00:00Z d873a18b-65bd-4082-a5e8-c4c69ce4b0cb https://www.webberwentzel.com//News/Pages/eu-proposed-directive-for-corporate-sustainability-due-diligence-unpacking-the-impact-for-sa-businesses.aspx 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. 2022-03-14T22:00:00Z ff42b36f-91d6-40bc-b409-863d84de34d1 https://www.webberwentzel.com//News/Pages/you-are-not-entering-at-own-risk-covid-19-admission-policies-the-labour-court-weighs-in.aspx 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. 2022-03-14T22:00:00Z f34f9663-36a0-4099-a304-6b60fcb2f880 https://www.webberwentzel.com//News/Pages/strike-interdicts-identify-the-oaks-the-highest-court-finds.aspx 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. 2022-03-09T22:00:00Z ffee447c-9157-43e4-b873-de6542d54fae https://www.webberwentzel.com//News/Pages/esg-its-not-just-business-its-personal.aspx A greater emphasis is being placed on the human rights obligations of businesses than before, with likely moves towards binding treaties. 2022-03-07T22:00:00Z 7bf811f1-5c20-44a3-8d20-f53a57303f18 https://www.webberwentzel.com//News/Pages/significant-shift-in-environmental-landscape-anticipated-as-NEMLAA4-enters-home-stretch.aspx 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. 2022-03-06T22:00:00Z f8a0fb73-2219-4fe4-ba20-dfb3728fa200 https://www.webberwentzel.com//News/Pages/covid-19-organisations-and-their-donors-are-in-sars-cross-hairs.aspx 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. 2022-03-06T22:00:00Z 676ec925-0300-4497-98b8-b0daae925a3c https://www.webberwentzel.com//News/Pages/Curbing-abuse-of-the-Employment-Tax-Incentive-project.aspx Amendments to the Employment Tax Incentive Act, 2013 geared towards halting the abuse of employment tax incentives came into force on 1 March 2022 2022-03-02T22:00:00Z 72714e07-f15f-4c07-95d7-11732d6a2403 https://www.webberwentzel.com//News/Pages/good-news-in-budget-2022-but-implementation-still-the-key.aspx 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. 2022-02-27T22:00:00Z eb25c643-314e-4220-83a1-4878368ed4ea https://www.webberwentzel.com//News/Pages/A-measured-approach-Budget-2022.aspx Webber Wentzel’s Tax Team welcomed a balanced National Budget presented by Minister of Finance Enoch Godongwana on Wednesday. 2022-02-23T22:00:00Z fe8d45b2-fd1c-4e50-82c2-ae79c330c3ee https://www.webberwentzel.com//News/Pages/Resources-and-dedication-are-pushing-AfCFTA-forward.aspx 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. 2022-02-23T22:00:00Z 2a033d8f-212d-42f8-8bbc-efe73c2d225a https://www.webberwentzel.com//News/Pages/New-Draft-Interpretation-Note-on-Intra-group-Financial-Transactions-brings-welcome-clarity.aspx 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. 2022-02-22T22:00:00Z 2aa691a7-117d-49d6-b292-2aa9c87c814b https://www.webberwentzel.com//News/Pages/future-trends-in-green-financing.aspx Green financing is likely to evolve over the next few years, with financial institutions increasingly requiring more accurate measurements of borrowers’ achievements against targets. 2022-02-22T22:00:00Z e2850f59-9ed4-4e32-9f7c-65bc1949e5a6 https://www.webberwentzel.com//News/Pages/Climate-change-bill-introduced-in-Parliament.aspx The Climate Change Bill, which will implement South Africa’s effective climate change response, has been introduced in Parliament. 2022-02-21T22:00:00Z c12ae6fb-6313-404f-ae6a-9188485f4030 https://www.webberwentzel.com//News/Pages/webber-wentzel-recognised-in-chambers-global-2022.aspx 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. 2022-02-17T22:00:00Z 892a2bd1-2c35-46c7-94c5-c74ef3ee1ade https://www.webberwentzel.com//News/Pages/Consumers-may-have-the-right-to-access-open-source-software-in-devices.aspx 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. 2022-02-15T22:00:00Z 4613a358-6bc0-4e9c-82da-12376c6735c8 https://www.webberwentzel.com//News/Pages/The-aged-usufructuary.aspx 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. 2022-02-14T22:00:00Z 8e5560f3-5dc6-4d7b-bde9-81840729bc2e https://www.webberwentzel.com//News/Pages/The-tax-burden-on-annuitants-spread-not-lightened.aspx 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. 2022-02-14T22:00:00Z 2bba6ed8-485a-4138-9025-7fce461cf41a https://www.webberwentzel.com//News/Pages/to-object-or-take-sars-on-review-that-is-the-question.aspx 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 2022-02-14T22:00:00Z 144ec042-795d-431a-86e4-9dc481d2f10f https://www.webberwentzel.com//News/Pages/EAP-Registration-Deadline-Extended.aspx 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. 2022-02-14T22:00:00Z cd8a07f4-8b28-43ba-825f-84055cf4e151 https://www.webberwentzel.com//News/Pages/competition-law-annual-review-2021-and-2022.aspx 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. 2022-02-13T22:00:00Z 2066e60c-dd67-4cc2-b5d2-e17484a30cf8 https://www.webberwentzel.com//News/Pages/a-cross-jurisdictional-assessment-of-the-development-of-climate-change-related-legislation-across-africa.aspx This cross-jurisdictional assessment unpacks 8 key questions across 9 African jurisdictions, namely: Botswana, Kenya, Mozambique, Namibia, Nigeria, South Africa, Tanzania, Zambia and Zimbabwe. 2022-02-08T22:00:00Z c048d4c5-6bb0-47dd-bcde-07a34f0c8f51 https://www.webberwentzel.com//News/Pages/are-personal-rights-assets-for-capital-gains-tax-purposes.aspx Although personal rights are clearly assets for CGT purposes, they add a layer of complexity which has not been clarified in recent court decisions. 2022-02-07T22:00:00Z 6fbb5868-9599-4558-a53f-84e62a2dafd8 https://www.webberwentzel.com//News/Pages/directors-face-potential-liability-for-climate-change-risks.aspx 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. 2022-02-07T22:00:00Z 5c03d013-6bc4-4c7f-9548-ba67f89714c1 https://www.webberwentzel.com//News/Pages/alternative-dispute-resolution-the-problematic-problem-solver.aspx While alternative dispute resolution helps to achieve a speedier outcome for commercial disputes than a court process, it presents challenges in developing legal jurisprudence. 2022-02-07T22:00:00Z 0548c468-8c63-4d79-b351-4e5a99b62aa4 https://www.webberwentzel.com//News/Pages/conflict-of-interest-moonlighting-and-the-duty-of-good-faith.aspx 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. 2022-01-31T22:00:00Z 14d93b69-a721-41f9-b5cd-1d60ca6e8901 https://www.webberwentzel.com//News/Pages/8-data-hygiene-tips-to-mark-international-data-privacy-day.aspx 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. 2022-01-27T22:00:00Z db486fb8-e46e-46c5-80f6-4f1d8af5d223 https://www.webberwentzel.com//News/Pages/cancellation-of-contracts-revisited-tax-insights-on-the-issue.aspx 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. 2022-01-26T22:00:00Z e67a50c1-0b77-4b43-9c50-a282695aa116 https://www.webberwentzel.com//News/Pages/access-to-banking-and-insurance-in-africa-and-the-role-of-technology.aspx 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. 2022-01-20T22:00:00Z 9cf0f16e-6329-418e-9c01-c887af1269c2 https://www.webberwentzel.com//News/Pages/employee-dismissed-for-abusing-sick-leave-to-watch-rugby.aspx 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. 2022-01-19T22:00:00Z d813e536-4244-49cf-9837-d1875cdff42f https://www.webberwentzel.com//News/Pages/south-african-law-year-to-come-2022-and-year-in-review-2021.aspx 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. 2022-01-17T22:00:00Z 52424ebb-b093-47a8-8ba1-223a328d078d https://www.webberwentzel.com//News/Pages/employers-and-employees-cautioned-against-false-termination-information.aspx 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). 2022-01-16T22:00:00Z 5413dce7-db6c-4ddd-b44a-a97bb029ac18 https://www.webberwentzel.com//News/Pages/proposed-model-and-legislation-for-an-apa-programme-in-south-africa.aspx 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. 2021-12-19T22:00:00Z 26a252f4-3d80-487e-8aa0-5f3dd967b879 https://www.webberwentzel.com//News/Pages/should-an-employee-accept-a-voluntary-severance-package-when-business-rescue-proceedings-are-anticipated.aspx 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 2021-12-05T22:00:00Z c23a52fc-2730-406b-85bb-e3dde5e957fd https://www.webberwentzel.com//News/Pages/proposed-changes-to-the-extended-producer-responsibility-regulations.aspx 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 2021-12-05T22:00:00Z 6b035cfb-598b-40f0-8ff4-f0cc8b0dc61d https://www.webberwentzel.com//News/Pages/update-on-the-copyright-amendment-bill-and-the-performers-protection-amendment-bill.aspx Some of the proposed amendments to the Copyright Amendment Bill and the Performers’ Protection Amendment Bill will shortly be advertised for public comment 2021-12-02T22:00:00Z 9f1c1665-3c29-4da5-8d19-add7b1583db3 https://www.webberwentzel.com//News/Pages/the-cybercrimes-act-becomes-partially-operational.aspx 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. 2021-11-30T22:00:00Z 8cc8f716-1aff-435a-bbd0-a9b276150569 https://www.webberwentzel.com//News/Pages/winding-up-an-external-company-in-south-africa.aspx 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? 2021-11-17T22:00:00Z dd03afe2-b1e4-4b3b-a157-3749758a99b9 https://www.webberwentzel.com//News/Pages/information-regulator-publishes-its-paia-manual.aspx 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 2021-11-17T22:00:00Z dbcc62b3-f5ee-4c99-8552-b5627d9218f2 https://www.webberwentzel.com//News/Pages/post-cop26-reflections-more-programmes-policies-and-resources-for-mitigation-and-adaptation.aspx 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 2021-11-16T22:00:00Z 4b99702f-d68a-4e0b-830b-cae395e1e732 https://www.webberwentzel.com//News/Pages/supreme-court-of-appeal-clarifies-position-on-trading-of-water-use-entitlements.aspx 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. 2021-11-11T22:00:00Z a102dd1a-7684-43a0-aea7-5803a1d159fe https://www.webberwentzel.com//News/Pages/private-sector-involvement-is-key-for-sustainable-cities-and-towns.aspx 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 2021-11-10T22:00:00Z c2a08a04-c72f-4dd8-9cdf-aee49d96e6ce https://www.webberwentzel.com//News/Pages/technology-is-the-key-to-unlocking-a-green-future.aspx 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. 2021-11-04T22:00:00Z 1f2d98e4-2310-4527-99dd-4dd3b4f6a72f https://www.webberwentzel.com//News/Pages/south-africas-energy-landscape-evolves-partly-driven-by-climate-change-goals.aspx 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 2021-10-20T22:00:00Z f59851c0-5be3-4666-a6cf-2697a02656cf https://www.webberwentzel.com//News/Pages/information-regulator-publishes-an-invitation-for-public-comments-on-new-popia-regulations.aspx 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 2021-10-19T22:00:00Z ba2c8651-068e-47fe-97aa-609145c0d8ae https://www.webberwentzel.com//News/Pages/mandatory-vaccination-in-the-workplace-considerations-for-employers.aspx 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 2021-10-19T22:00:00Z 52913e1e-b39c-4b8b-b9f7-805a0e0bb44f https://www.webberwentzel.com//News/Pages/south-africa-innovates-in-sustainable-finance-for-biodiversity-protection.aspx 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 2021-10-18T22:00:00Z 2576d3d7-3c41-4af8-87d6-3f4f3c85d67c https://www.webberwentzel.com//News/Pages/a-new-chapter-has-opened-for-commercial-funding-of-sustainability-projects.aspx 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 2021-10-18T22:00:00Z ef800202-0562-4819-84ad-95da25baacfa https://www.webberwentzel.com//News/Pages/paia-guide-published-by-the-information-regulator-on-12-october-2021.aspx An updated PAIA Guide has been published which provides easy-to-understand direction on how to obtain various items of information from an organisation 2021-10-17T22:00:00Z ac6bf7d4-6252-4327-b98f-54afc3ee8734 https://www.webberwentzel.com//News/Pages/cop26-what-it-means-for-south-africa-and-africa.aspx 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. 2021-10-17T22:00:00Z 01727d04-1718-46e9-8fc5-e84ddbe1b006 https://www.webberwentzel.com//News/Pages/the-2021-un-climate-change-conference-what-it-means-for-south-africa.aspx 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. 2021-10-17T22:00:00Z c1204fb2-728e-4496-9927-3f4cbf886c4d https://www.webberwentzel.com//News/Pages/what-does-the-just-transition-look-like-in-south-africa.aspx Ahead of COP26 later this month, South Africa's commitment to the Just Transition will be a crucial element of its negotiating position. 2021-10-17T22:00:00Z 532a545c-1e50-40e9-af5f-1e0c87bdf463 https://www.webberwentzel.com//News/Pages/tighten-the-esg-focus-or-face-litigation.aspx 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 2021-10-13T22:00:00Z 0c43fd74-4d99-4e6b-b9be-8fd3fe79ae42 https://www.webberwentzel.com//News/Pages/the-companies-amendment-bill-2021-could-have-unintended-consequences-for-business-rescue.aspx Proposed amendments to sections 135 and 145 of the Companies Act raise various concerns related to post-commencement financing in the business rescue process 2021-10-06T22:00:00Z 17968328-1272-4fee-b137-d25f6b8b82a3 https://www.webberwentzel.com//News/Pages/new-draft-companies-amendment-bill-snapshot-of-key-proposed-amendments.aspx 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. 2021-10-03T22:00:00Z 0f528320-1740-4615-8fdb-2c76a58c0389 https://www.webberwentzel.com//News/Pages/the-role-of-incapacity-in-dismissals-for-misconduct.aspx 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. 2021-10-03T22:00:00Z 17c06490-a777-4abc-99d0-85bf4c82f6e3 https://www.webberwentzel.com//News/Pages/complex-issues-arise-in-limiting-the-rights-of-the-non-vaccinated.aspx The South African government may introduce “vaccine passports”, following moves by authorities in other jurisdictions, and the limitation of constitutional rights is arguably justifiable 2021-09-28T22:00:00Z 42f2e760-0e2d-43cc-a2c0-80b70039a76d https://www.webberwentzel.com//News/Pages/keep-your-creditors-close-but-your-lawyers-closer.aspx 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 2021-09-22T22:00:00Z daebfd1d-0602-431d-ba57-e22248d6704b https://www.webberwentzel.com//News/Pages/chinas-new-privacy-law-its-impact-on-south-african-organisations.aspx 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 2021-09-21T22:00:00Z b2516843-5f4d-42f7-a387-8d4918697d27 https://www.webberwentzel.com//News/Pages/resolving-customs-and-excise-disputes-with-sars-alternative-dispute-resolution-part-2-of-4-part-series.aspx There are various mechanisms to resolve disputes with SARS' Customs and Excise divisions. In this article, we consider the alternative dispute resolution procedure. 2021-09-19T22:00:00Z b887571b-0e3b-44d5-be07-3425c8a80cff https://www.webberwentzel.com//News/Pages/lexology-getting-the-deal-through-merger-control-2022.aspx Webber Wentzel has contributed to the Lexology Getting The Deal Through Merger Control 2022 South Africa chapter. 2021-09-07T22:00:00Z 3f4becaa-d5ca-4bf6-948c-4c78ec455a44 https://www.webberwentzel.com//News/Pages/comesa-competition-commission-issues-first-ever-merger-related-fine.aspx 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. 2021-09-06T22:00:00Z 4813c720-09f0-4536-8ebf-94403707ae9f https://www.webberwentzel.com//News/Pages/managing-mental-health-issues-in-the-workplace.aspx 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. 2021-09-01T22:00:00Z 60d0a5eb-a6b8-4349-bbfa-da792e387cdc https://www.webberwentzel.com//News/Pages/financial-services-regulation-monthly-update-august-2021.aspx Keep up to date on the most important Financial Services Regulation developments in South Africa during August 2021. 2021-08-30T22:00:00Z f837303c-7764-4979-a350-8e5102c207a2 https://www.webberwentzel.com//News/Pages/popia-training-ready-steady-go.aspx 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. 2021-08-24T22:00:00Z dc8954a4-440a-4927-8175-33acce36e117 https://www.webberwentzel.com//News/Pages/a-journey-of-growth-and-success.aspx 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. 2021-08-09T22:00:00Z 7c2fbe53-6ed3-4361-97be-0d400021e18c https://www.webberwentzel.com//News/Pages/no-doge-ing-the-tax-bill-on-cryptocurrency-transactions.aspx 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. 2021-08-03T22:00:00Z 52319d77-9e4d-4d27-9a69-5c284e9294df https://www.webberwentzel.com//News/Pages/financial-services-regulation-monthly-update-july-2021.aspx Keep up to date on the most important Financial Services Regulation developments in South Africa during July 2021. 2021-08-02T22:00:00Z 7cca372e-aaa1-4e6a-8eca-5d3184188da5 https://www.webberwentzel.com//News/Pages/a-new-global-taxation-regime-is-in-the-pipeline-start-preparing-now.aspx 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”. 2021-07-28T22:00:00Z c8e99302-0dc6-41df-996c-0a4f65626338 https://www.webberwentzel.com//News/Pages/a-guide-to-employers-tax-obligations-after-damage-to-their-premises.aspx 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. 2021-07-27T22:00:00Z 396dbaea-79ff-47a4-8834-ed51b8a008c1 https://www.webberwentzel.com//News/Pages/tokyo-2020-its-not-a-typo.aspx 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 2021-07-25T22:00:00Z 9d98d866-a24c-4a55-b7c1-69beec22d11e https://www.webberwentzel.com//News/Pages/disclosure-of-third-party-funding-arrangements.aspx 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. 2021-07-22T22:00:00Z c389b1be-a96c-40f1-8432-498d18c80bd4 https://www.webberwentzel.com//News/Pages/the-complex-tax-consequences-of-riot-insurance-payments.aspx 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 2021-07-20T22:00:00Z 8cf6d55e-9d26-49af-8304-e8d39c5154f5 https://www.webberwentzel.com//News/Pages/civil-unrest-and-public-looting-managing-key-employment-issues.aspx 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. 2021-07-14T22:00:00Z 857a523c-1302-4b3c-8e55-30840c74969f https://www.webberwentzel.com//News/Pages/sa-riots-does-force-majeure-apply.aspx 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 2021-07-14T22:00:00Z 8ad67c2e-fb25-428d-b25b-11057096bab5 https://www.webberwentzel.com//News/Pages/sa-riots-limitations-on-insurance-claims.aspx 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 2021-07-14T22:00:00Z 5c4c7016-d4d8-4224-af99-43367ee25b5b https://www.webberwentzel.com//News/Pages/riots-in-sa-what-happens-under-a-state-of-emergency-declaration.aspx 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 2021-07-14T22:00:00Z c9b60933-4f3f-47f6-9444-64c9abdc13f8 https://www.webberwentzel.com//News/Pages/competition-block-exemptions-for-the-security-of-supply-of-essential-goods.aspx 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. 2021-07-14T22:00:00Z fcdaf1f1-fbab-4680-b3dd-d57f817a4b53 https://www.webberwentzel.com//News/Pages/new-draft-guideline-for-climate-change-impact-assessments-to-be-undertaken-when-pursuing-environmental-consent-applications.aspx A Climate Change guideline will shortly be published to assist with incorporating climate change considerations in various applications for environmentally-related licences 2021-07-13T22:00:00Z cca776f5-b69c-4d3c-b9a4-d1c5ee43ff60 https://www.webberwentzel.com//News/Pages/popia-has-unexpected-implications-for-b-bbee-schemes.aspx Sharing personal information of trust beneficiaries to verify black ownership under the scorecards requires companies and trusts to be aware of POPIA requirements. 2021-07-13T22:00:00Z 42c96480-8cd5-4a1e-9e81-d7ef9861542a https://www.webberwentzel.com//News/Pages/to-compile-a-paia-manual-or-not-to-compile-a-paia-manual-that-is-the-question.aspx 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. 2021-07-05T22:00:00Z cb6bc390-ee00-4a91-8669-d9989112e1a2 https://www.webberwentzel.com//News/Pages/Employer-Roles-on-Mandatory-Vaccination-Roll-outs.aspx 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 2021-07-05T22:00:00Z fc6c9e63-df5b-4cf6-b47d-312d028fa28c https://www.webberwentzel.com//News/Pages/transferring-listed-shares-to-an-offshore-exchange.aspx 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. 2021-07-05T22:00:00Z 5ca6b2a0-14a4-4b15-99fa-099f01c5cacf https://www.webberwentzel.com//News/Pages/competition-law-africa-quarterly-update-june-2021.aspx Keep up to date on the most important competition law developments across Africa for the second quarter of 2021. 2021-07-05T22:00:00Z b4361bea-e2ab-4cad-9bce-1dea32eb4129 https://www.webberwentzel.com//News/Pages/highest-court-finds-that-dismissed-employees-compensation-for-procedural-unfairness-may-be-reduced.aspx 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. 2021-06-30T22:00:00Z 4bd54f1b-c922-4c02-b610-fc14824ae50f https://www.webberwentzel.com//News/Pages/the-impact-of-the-impending-aarto-act-on-employers.aspx 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. 2021-06-29T22:00:00Z e8ddf44f-0497-4f95-a452-3268f373181a https://www.webberwentzel.com//News/Pages/dismissing-employees-for-not-observing-workplace-covid-19-protocols.aspx 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. 2021-06-29T22:00:00Z 45fcf682-bc6e-46dd-a95f-134b0836c0a0 https://www.webberwentzel.com//News/Pages/emergency-arbitrators-afsas-latest-innovation.aspx 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. 2021-06-29T22:00:00Z 3e5e3726-af43-44ee-8dcd-9d9b323c3fe8 https://www.webberwentzel.com//News/Pages/clarity-on-popia-exemptions-and-information-officer-registration.aspx 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 2021-06-23T22:00:00Z 8ad78e5f-075a-40b3-8634-a6671b95b369 https://www.webberwentzel.com//News/Pages/officially-on-the-road-to-crypto-asset-regulation.aspx 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 2021-06-20T22:00:00Z 454a6fb2-6eef-4dc4-849a-2305db4f5bd6 https://www.webberwentzel.com//News/Pages/information-regulator-extends-commencement-date-for-popia-prior-authorisation.aspx 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. 2021-06-17T22:00:00Z c04424f9-6df6-45ba-98b6-63afed92563a https://www.webberwentzel.com//News/Pages/revised-covid-19-direction-on-health-and-safety-in-the-workplace-published.aspx 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 2021-06-10T22:00:00Z 7d2d462e-64a9-49c9-8e5c-96be070c3e39 https://www.webberwentzel.com//News/Pages/highest-court-decision-has-implications-for-all-loyalty-programme-providers.aspx 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. 2021-06-06T22:00:00Z 2ce43d71-9513-49e6-88a3-cd26eae41012 https://www.webberwentzel.com//News/Pages/the-extended-producer-responsibility-regulations-laudable-goals-challenging-implementation.aspx 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 2021-06-02T22:00:00Z 88f97735-8b6d-4ecb-8fc1-5a973bbf30f7 https://www.webberwentzel.com//News/Pages/burger-king-making-a-meal-of-public-interest-in-m-and-a-transactions-dont-upsize-your-deal-quite-just-yet.aspx 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.​ 2021-06-02T22:00:00Z 505bb114-ce5e-43ce-a42a-2ac214f17a4d https://www.webberwentzel.com//News/Pages/cybercrimes-bill-signed-by-the-president.aspx 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. 2021-06-01T22:00:00Z 8b625421-b26d-40c2-b0dd-197fdb0caaf3 https://www.webberwentzel.com//News/Pages/the-new-afsa-international-arbitration-rules-simply-explained.aspx 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. 2021-06-01T22:00:00Z e2cb1640-244d-4c8c-8aa2-d3b31aa786f2 https://www.webberwentzel.com//News/Pages/financial-services-regulation-monthly-update-may-2021.aspx Keep up to date on the most important Financial Services Regulation developments in South Africa during May 2021. 2021-05-31T22:00:00Z b0c6c22d-ba3e-44e4-8c98-3f633f6ef414 https://www.webberwentzel.com//News/Pages/is-your-chatbot-popia-compliant.aspx 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? 2021-05-30T22:00:00Z a66f4a5e-da05-4b3c-a061-b509033ec04d https://www.webberwentzel.com//News/Pages/south-africa-b-bbee-developments-clarity-provided-on-black-ownership-schemes-and-structures.aspx 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. 2021-05-18T22:00:00Z 937e26b9-1e52-45fc-b416-a0d8d7449d94 https://www.webberwentzel.com//News/Pages/afcfta-insights-report.aspx 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. 2021-05-18T22:00:00Z 86291ddc-c511-47d0-bd2b-b9e8a26e6fd1 https://www.webberwentzel.com//News/Pages/draft-paia-regulations-published-ahead-of-popia-commencement.aspx 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. 2021-05-09T22:00:00Z 99ad68b8-69e1-42e0-9fd8-1704be724fd9 https://www.webberwentzel.com//News/Pages/employee-dismissed-for-reporting-to-work-with-covid-19.aspx 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" 2021-05-06T22:00:00Z f69f0b21-07cb-489c-aaa4-44a4cfcaf837 https://www.webberwentzel.com//News/Pages/the-legal-effect-of-a-liquidated-company-on-review-proceedings-at-the-labour-court.aspx 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 2021-05-05T22:00:00Z e39e6769-afe6-41d5-bbe8-f0034f95a18d https://www.webberwentzel.com//News/Pages/strike-guidelines-set-aside-by-high-court.aspx 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 2021-05-05T22:00:00Z 988952ba-440f-4004-a83c-647448ca72ea https://www.webberwentzel.com//News/Pages/employer-liable-to-pay-a-portion-of-r3-9-million-awarded-for-sexual-assault-in-the-workplace.aspx 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 2021-05-04T22:00:00Z a80b6b37-db5a-4888-86ff-95abbfab148f https://www.webberwentzel.com//News/Pages/the-complexities-of-group-governance.aspx The Insurance Act provides a useful framework for governance of increasingly complex and multi-product financial services groups 2021-04-29T22:00:00Z 8e3e2880-2a1f-411b-9004-c23b064b28cf https://www.webberwentzel.com//News/Pages/financial-services-regulation-monthly-update-april-2021.aspx Keep up to date on the most important Financial Services Regulation developments in South Africa during April 2021. 2021-04-29T22:00:00Z 34387127-b1fa-498a-9693-089d051759a3 https://www.webberwentzel.com//News/Pages/australias-fair-work-commission-rules-on-dismissal-of-employee-for-refusing-to-take-flu-vaccine.aspx 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 2021-04-28T22:00:00Z 684af486-02ba-42f2-af12-69d97fbc5137 https://www.webberwentzel.com//News/Pages/doubling-down-on-plastic-bag-producers.aspx South Africa’s amended Plastic Bag Regulations and the new Extended Producer Responsibility Regulations raise concerns about double taxation in the plastic bag sector 2021-04-27T22:00:00Z 339190d6-6622-485d-9010-9c68f70f0def https://www.webberwentzel.com//News/Pages/jse-consultation-paper-proposes-amendments-to-the-listings-requirements.aspx 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 2021-04-21T22:00:00Z 088c377f-8c37-4fff-aac0-2a63f940df14 https://www.webberwentzel.com//News/Pages/some-well-awaited-certainty-on-kenyan-withholding-taxes-for-inbound-services.aspx 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 2021-04-15T22:00:00Z 26461870-071f-422c-81a9-7c8ab2d84fa6 https://www.webberwentzel.com//News/Pages/ccma-reinstates-employee-dismissed-for-absence-without-permission.aspx 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 2021-04-11T22:00:00Z 786cf9f2-f61f-4428-a31c-f84db00e5cd4 https://www.webberwentzel.com//News/Pages/labour-appeal-court-upholds-dismissal-of-employees-for-carrying-weapons-during-strike-action.aspx 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 2021-04-11T22:00:00Z 3aa641e6-24e6-4457-ab81-a10b27aa90be https://www.webberwentzel.com//News/Pages/popia-101.aspx 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 2021-03-31T22:00:00Z 646e22db-9af1-4a89-8dda-79b04f770458 https://www.webberwentzel.com//News/Pages/financial-services-regulation-monthly-update-march-2021.aspx Keep up to date on the most important Financial Services Regulation developments in South Africa during March 2021 2021-03-29T22:00:00Z 53ed9a72-9968-4104-b893-9f014df2d563 https://www.webberwentzel.com//News/Pages/webber-wentzel-successfully-obtains-community-unrest-interdicts-for-different-clients-operating-in-the-mining-industry.aspx 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 2021-03-28T22:00:00Z 22d1f391-8bc4-42b0-9dd2-b9aef1de5789 https://www.webberwentzel.com//News/Pages/proposals-of-interest-to-employers-in-the-2021-budget-review.aspx 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 2021-03-25T22:00:00Z 3377cdcd-76df-4969-9d2e-e15d41dfe28d https://www.webberwentzel.com//News/Pages/annuitisation-of-provident-funds-finally-commences.aspx 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 2021-03-25T22:00:00Z 26dc977a-54f0-47fc-a08c-077be6e38eb4 https://www.webberwentzel.com//News/Pages/employee-attacked-at-work-during-protest-action-may-claim-damages-from-her-employer.aspx 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. 2021-03-24T22:00:00Z 170d79dc-3ba5-4b97-9ba2-056b40548adb https://www.webberwentzel.com//News/Pages/sabs-issues-new-standard-for-hand-sanitisers.aspx 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 2021-03-15T22:00:00Z dda73a8a-6e5b-4929-9479-c108150f535e https://www.webberwentzel.com//News/Pages/information-regulator-publishes-guidance-note-on-applications-for-prior-authorisation.aspx The Information Regulator has issued helpful guidelines for applicants who require prior authorisation to process certain categories of information under POPIA 2021-03-15T22:00:00Z 538b44ba-a773-47b2-b335-46c622007a5e https://www.webberwentzel.com//News/Pages/covid-19-ters-extension-key-information-for-employers.aspx 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. 2021-03-10T22:00:00Z 1f661327-cc61-41a4-aac7-70322116fdf1 https://www.webberwentzel.com//News/Pages/incentivising-strategic-development-moving-one-step-closer-or-two-steps-back.aspx 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. 2021-03-07T22:00:00Z be3153c2-3c06-4a38-b0cb-b4902e3f7a79 https://www.webberwentzel.com//News/Pages/treasury-further-tightens-the-noose-on-retirement-assets-of-emigrants.aspx 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. 2021-03-02T22:00:00Z 09823f77-18a8-4ff0-8b8c-5c6c752fc75b https://www.webberwentzel.com//News/Pages/competition-law-africa-monthly-update-february-2021.aspx Keep up to date on the most important competition law developments across Africa in February 2021. 2021-03-01T22:00:00Z 1a55db08-aa3d-4435-bdc6-e31e0c032164 https://www.webberwentzel.com//News/Pages/sa-lets-do-business-ebook.aspx ​A tailored and on-the-ground perspective for business in South Africa and those looking to invest in South Africa. 2021-02-28T22:00:00Z 3b58d823-aa98-4eb5-8f9e-d80209817947 https://www.webberwentzel.com//News/Pages/dealmaking-in-sub-saharan-africa-2020-in-review-and-predictions-for-2021.aspx 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 2021-02-25T22:00:00Z a565b5dc-c17e-4aae-828e-29fabd73b322 https://www.webberwentzel.com//News/Pages/mboweni-sticks-to-a-realistic-path-in-2021-22-budget.aspx 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. 2021-02-24T22:00:00Z 1250015d-b5ae-4816-885c-3d5754696e35 https://www.webberwentzel.com//News/Pages/draft-critical-skills-list-out-for-public-comment.aspx 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. 2021-02-23T22:00:00Z 6acca1b1-8405-45d0-96d5-7205cc3b809f https://www.webberwentzel.com//News/Pages/webber-wentzels-expertise-recognised-by-chambers-global.aspx Chambers Global has released their 2021 results. Webber Wentzel had an exceptional year with key highlights. 2021-02-21T22:00:00Z a36c842e-8874-4f9c-a17a-b92910e608bb https://www.webberwentzel.com//News/Pages/21-legal-developments-for-businesses-to-monitor-in-2021.aspx 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. 2021-02-17T22:00:00Z fbeb0ad2-335e-41f4-bbca-04d6676c17e7 https://www.webberwentzel.com//News/Pages/covid-19-ters-scheme-extended-to-15-march-2021.aspx 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. 2021-02-16T22:00:00Z 8a7e4219-26ec-499d-8a81-268536f478c3 https://www.webberwentzel.com//News/Pages/b-bbee-commission-requires-entities-to-make-increased-disclosures.aspx 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 2021-02-15T22:00:00Z 9b391db8-ecca-4174-a80c-cd7b11ea2f3a https://www.webberwentzel.com//News/Pages/budget-2021-finding-revenue-from-a-highly-taxed-base.aspx 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 2021-02-10T22:00:00Z afa50947-fe7b-4aa2-bc35-264556b0f082 https://www.webberwentzel.com//News/Pages/recent-labour-appeal-court-and-constitutional-court-judgments-not-applicable-to-private-sector.aspx 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. 2021-02-10T22:00:00Z a13bb806-10c5-4d9f-a036-e183ad7fc4ea https://www.webberwentzel.com//News/Pages/increases-to-national-minimum-wage-from-1-march-2021.aspx 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. 2021-02-09T22:00:00Z b68e92a6-9741-444e-a720-f83f992beb1b https://www.webberwentzel.com//News/Pages/corruption-watch-releases-new-report-on-covid-19-ters-scheme.aspx 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 2021-02-07T22:00:00Z 8bb01ab4-a115-4c55-947e-67f0610a064e https://www.webberwentzel.com//News/Pages/podcast-covid-19-vaccines-employer-considerations.aspx 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.​ 2021-02-04T22:00:00Z 469de23b-39ca-4967-976b-e36ebc7ef043 https://www.webberwentzel.com//News/Pages/changes-to-the-south-african-exchange-control-rules.aspx 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. 2021-01-11T22:00:00Z bfeffa9a-b75a-4f57-ac53-61ee8debcfbe https://www.webberwentzel.com//News/Pages/integrating-esg-factors-in-the-investment-strategies-of-institutional-investors.aspx 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. 2020-12-17T22:00:00Z 9b719af4-4e12-4975-abb8-7d19f8becb7d https://www.webberwentzel.com//News/Pages/resignation-with-immediate-effect-meaningless-when-disciplinary-hearing-occurs-in-the-notice-period.aspx In a recent judgment, the Labour Appeal Court had to once again deal with the interplay between resignation with immediate effect and disciplinary action. 2020-12-13T22:00:00Z 89351cba-8b87-4a0f-a2b9-a77c90fc5c9d https://www.webberwentzel.com//News/Pages/4-5-percent-increase-to-national-minimum-wage-on-the-cards.aspx 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. 2020-12-10T22:00:00Z abb36748-4f26-4615-98f1-3a3f47a3a3e6 https://www.webberwentzel.com//News/Pages/covid-19-ters-external-audit-and-forensic-process-underway.aspx 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. 2020-12-10T22:00:00Z e1cfca82-6a01-4d1f-9a71-2f58f3b21e0b https://www.webberwentzel.com//News/Pages/linklaters-global-guide-year-in-review-2020-and-year-to-come-2021.aspx We have contributed to the Linklaters' global guide series - Year in Review 2020 and Year to Come 2021. 2020-12-06T22:00:00Z 0c8bc17e-359d-4cd8-b0b2-7e21c7215528 https://www.webberwentzel.com//News/Pages/popia-gdpr-or-both.aspx 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. 2020-11-29T22:00:00Z 92cab3a0-c173-4c3b-a3b1-38c4dbdb2e25 https://www.webberwentzel.com//News/Pages/working-from-home-when-does-supervision-infringe-on-personal-rights.aspx 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 2020-11-26T22:00:00Z 60f0df52-6ffc-4fe5-b04a-8b3192802ad1 https://www.webberwentzel.com//News/Pages/b-bbee-challenged-in-public-tenders.aspx 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. 2020-11-22T22:00:00Z 008e40d2-16f9-441c-974c-e844bc72b33f https://www.webberwentzel.com//News/Pages/2020-future-of-jobs-report-world-economic-forum.aspx 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) 2020-11-18T22:00:00Z 5794ccd7-ab1b-4a24-9b9c-42307d77ed20 https://www.webberwentzel.com//News/Pages/the-cipc-revokes-temporary-covid-19-relaxation-measures.aspx 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. 2020-11-16T22:00:00Z cf1202c2-f265-4e05-859a-a8b16c44e97c https://www.webberwentzel.com//News/Pages/insider-trading-recent-fines-imposed-by-the-fsca.aspx 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 2020-11-08T22:00:00Z 8f840649-120f-4c05-9544-a84e9d7ede16 https://www.webberwentzel.com//News/Pages/advertising-regulatory-board-requires-adverts-and-commercials-to-toe-the-line-with-covid-19-regulations.aspx 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 2020-11-04T22:00:00Z 93f28355-65e9-44f2-8951-503b2388a73b https://www.webberwentzel.com//News/Pages/playing-safely-with-personal-information-inside-a-regulatory-sandbox.aspx 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. 2020-10-26T22:00:00Z 084aa0aa-7359-49f0-ae78-97769053e54b https://www.webberwentzel.com//News/Pages/smart-contracts-adoption-could-be-tripped-up-by-legal-validity-and-privacy-laws-concerns.aspx 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. 2020-10-25T22:00:00Z 48a59ad9-0574-46d3-ba6f-b3dc6d7b782f https://www.webberwentzel.com//News/Pages/cyber-attacks-call-for-rapid-response-and-strategic-leadership.aspx 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 2020-10-22T22:00:00Z f3dc69de-b962-4439-98ab-2bc1a414c43e https://www.webberwentzel.com//News/Pages/level-1-lockdown-regulations-key-considerations-for-employers.aspx Government has published new regulations on the alert level 1 lockdown which took effect at 00h01 on Monday, 21 September 2020. 2020-10-11T22:00:00Z 8f6182a4-4b6d-407b-add9-4b0873e64522 https://www.webberwentzel.com//News/Pages/resigning-after-disciplinary-action-but-before-sanction-what-is-the-legal-effect.aspx 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. 2020-10-06T22:00:00Z 7d9edb70-b718-45cf-84bb-61ef76828397 https://www.webberwentzel.com//News/Pages/intolerability-is-a-high-standard-new-labour-court-decision-on-constructive-dismissal.aspx 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. 2020-09-30T22:00:00Z b8d7197c-dc0b-4647-ac72-ac37fda0209d https://www.webberwentzel.com//News/Pages/the-early-bird-catches-the-worm.aspx Early dismissal procedures can be used in international arbitration to dispose of defective claims and defences, without incurring the costs of a full hearing. 2020-09-28T22:00:00Z 31ef5506-17b8-4e78-9274-82e137bb92b0 https://www.webberwentzel.com//News/Pages/sars-stand-in-line-how-tax-debts-rank-in-business-rescue.aspx A company in financial distress may have a variety of outstanding tax debts at the commencement of business rescue. 2020-09-22T22:00:00Z acd0dca5-8a73-4096-b6c8-eb272977b8a5 https://www.webberwentzel.com//News/Pages/recent-uk-supreme-court-decision-may-impact-global-frand-licensing.aspx 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 2020-09-20T22:00:00Z 3a48931c-ece4-44ec-a5c6-c35b87f56a89 https://www.webberwentzel.com//News/Pages/relaxation-of-loop-structures-but-at-what-tax-cost.aspx 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 2020-09-20T22:00:00Z f6060fd0-1802-476b-b108-d829193b1b67 https://www.webberwentzel.com//News/Pages/jse-guidance-on-effective-communication-with-investors.aspx 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 2020-09-16T22:00:00Z 03489b39-553f-464d-bd92-d907d1548af2 https://www.webberwentzel.com//News/Pages/How-to-navigate-a-transfer-pricing-audit-to-a-mutually-unacceptable-outcome.aspx 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 2020-09-16T22:00:00Z f356d648-55d4-4e75-a13e-15f5306dc7b8 https://www.webberwentzel.com//News/Pages/draft-code-of-practice-on-violence-and-harassment-in-the-workplace-published.aspx 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. 2020-09-14T22:00:00Z 5885e572-e78c-45c9-961f-17328c5df0b8 https://www.webberwentzel.com//News/Pages/want-to-withdraw-retirement-funds-on-emigration-national-treasury-and-sars-say-try-again-in-3-years-time.aspx The National Treasury published the Draft Taxation Laws Amendment Bill, 2020 (Draft Tax Bill) for public comment. 2020-09-03T22:00:00Z b165e2c1-9908-4974-8cab-1b2303164f61 https://www.webberwentzel.com//News/Pages/tackling-buyer-power-in-south-africa.aspx 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. 2020-09-03T22:00:00Z f019ad29-29b2-49c4-b17e-37e9f8ee09e7 https://www.webberwentzel.com//News/Pages/eap-registration-deadline-extended-to-8-february-2022.aspx 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. 2020-08-27T22:00:00Z e4dbed10-ad70-433b-a28a-e28611893e2e https://www.webberwentzel.com//News/Pages/life-in-a-remote-world-tax-enforcement-in-transfer-pricing.aspx 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 2020-08-24T22:00:00Z 568dadba-a97a-4509-9e25-a62e5e240999 https://www.webberwentzel.com//News/Pages/lockdown-level-2-regulations-explained.aspx 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. 2020-08-19T22:00:00Z 97dd3191-30fe-4357-af0f-a6d07537d853 https://www.webberwentzel.com//News/Pages/focus-on-quality-education-and-skills-development-to-create-an-inclusive-sa-economy.aspx The B-BBEE Commission’s latest report on trends shows an overall decline in black economic empowerment across almost all measured elements. 2020-08-18T22:00:00Z c4d77ff6-da34-45a7-bd98-b1a054d03d3b https://www.webberwentzel.com//News/Pages/popia-what-employers-need-to-know.aspx 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. 2020-08-17T22:00:00Z df3e0b4e-7430-452c-9c68-3783bc76cb82 https://www.webberwentzel.com//News/Pages/ters-new-direction-published.aspx 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. 2020-08-16T22:00:00Z ceead950-872f-42ab-a3c2-bf02337b781b https://www.webberwentzel.com//News/Pages/depressed-employees-dismissal-is-not-automatically-unfair.aspx Depression is an important issue, with about 264 million people suffering from depression according to The World Health Organisation. 2020-08-16T22:00:00Z d23f5db0-cb78-4200-a9f6-f3bfcd896b33 https://www.webberwentzel.com//News/Pages/artificial-intelligence-has-popia-implications.aspx Organisations using personal data in artificial intelligence applications need to manage it carefully to ensure they remain compliant with POPIA 2020-08-12T22:00:00Z 06aa2abf-df56-4bff-bc87-2d044597b98a https://www.webberwentzel.com//News/Pages/psychological-testing-and-other-similar-assessments-of-employees-an-update.aspx 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 2020-08-11T22:00:00Z 7edd9143-77bd-486c-a585-85d7908fc3be https://www.webberwentzel.com//News/Pages/covid-19-new-directions-on-isolation-and-quarantine-periods.aspx 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 2020-08-11T22:00:00Z 3a300c88-ea93-4435-9ed3-8f3f201be5fc https://www.webberwentzel.com//News/Pages/catching-covid-19-at-work.aspx 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. 2020-08-03T22:00:00Z bca4aa28-7ff3-481a-be99-3b5d15338263 https://www.webberwentzel.com//News/Pages/b-bbee-commission-releases-2019-national-status-and-trends-report.aspx 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 2020-08-02T22:00:00Z 7cb3329f-f19d-4265-8a06-b923198dacdc https://www.webberwentzel.com//News/Pages/TERS-8-Key-Updates-For-Employers.aspx 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. 2020-07-30T22:00:00Z cafbe100-e7dc-4977-a910-e709a3e4acc4 https://www.webberwentzel.com//News/Pages/employment-equity-amendment-bill-to-be-introduced-in-the-national-assembly.aspx 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. 2020-07-28T22:00:00Z 7df78904-3cb1-4f56-807c-94aac949186c https://www.webberwentzel.com//News/Pages/auto-assessments-and-the-shorter-tax-filing-season.aspx 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 2020-07-23T22:00:00Z b371340c-2f1d-4060-abeb-a4e0a0417daa https://www.webberwentzel.com//News/Pages/popia-information-regulator-invites-comment-on-the-draft-guidelines-relating-to-the-registration-of-information-officers.aspx 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. 2020-07-20T22:00:00Z 462d0ba7-aa9b-4c5c-9c12-d42397f6a94a https://www.webberwentzel.com//News/Pages/deductions-available-for-commission-earners.aspx 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. 2020-07-19T22:00:00Z 3059f1b5-6f05-4656-a467-dfc98110e2a7 https://www.webberwentzel.com//News/Pages/new-level-3-lockdown-regulations.aspx We highlight in this infographic some key considerations for employers related to these new regulations. 2020-07-19T22:00:00Z 31bd4069-eef2-433e-8ece-c03d3a5248bb https://www.webberwentzel.com//News/Pages/popia-unpacked-what-you-need-to-know.aspx 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. 2020-07-16T22:00:00Z 2d3852c8-3b71-48bb-99c7-b51c07ea0e81 https://www.webberwentzel.com//News/Pages/data-breaches-and-popi-nowhere-to-hide.aspx The POPI clock is now ticking and everyone should be aware of what is required by these new laws. 2020-07-15T22:00:00Z e0ad855f-aa4c-49e2-b569-86fa70521e79 https://www.webberwentzel.com//News/Pages/working-together-to-keep-workplaces-open-and-safe-through-covid-19.aspx 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. 2020-07-15T22:00:00Z a4cfd61f-5ab9-45a2-b7ff-ca55402e5489 https://www.webberwentzel.com//News/Pages/new-labour-appeal-court-decision-on-pregnancy-discrimination.aspx In a recent decision, the Labour Appeal Court (LAC) found that a mining house unfairly discriminated against an employee on the grounds of pregnancy. 2020-07-14T22:00:00Z ab53469f-fb40-46cc-b406-26df4d4c33b4 https://www.webberwentzel.com//News/Pages/temporary-respite-for-companies-trading-in-insolvent-circumstances.aspx Many companies may be trading in insolvent circumstances, potentially in contravention of the Companies Act 71 of 2008. 2020-07-14T22:00:00Z c95e3c31-fdf5-4b84-a6dc-8cb18b3bc13a https://www.webberwentzel.com//News/Pages/impact-of-the-proposed-fica-amendments-on-crypto-asset-service-providers.aspx 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. 2020-07-09T22:00:00Z be51cf30-8235-464f-ab88-3bc0241400d0 https://www.webberwentzel.com//News/Pages/who-can-hold-directors-accountable-for-breach-of-their-duties.aspx 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. 2020-07-08T22:00:00Z c3a87c28-b570-42b8-b8c6-30ab2050928b https://www.webberwentzel.com//News/Pages/june-applications-for-c-19-ters-are-now-open.aspx The UIF has opened June applications for TERS. Visit www.uifecc.labour.gov.za/covid19 to apply. 2020-06-23T22:00:00Z 6a0faa58-b8d1-4a8d-9689-6f08d8e7a407 https://www.webberwentzel.com//News/Pages/examining-the-impact-of-selling-restrictions-in-b-bbee-transaction-documents.aspx 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. 2020-06-23T22:00:00Z 6ad61b7c-4c36-4899-a275-7aff340caa22 https://www.webberwentzel.com//News/Pages/Recent-High-Court-decision-wrong-no-work-no-pay-principle-during-lockdown-upheld-by-Labour-Court.aspx 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. 2020-06-22T22:00:00Z a8dda635-3b89-48c8-ad15-7ef1514d065a https://www.webberwentzel.com//News/Pages/Tick-tock-The-POPI-countdown-will-commence-on-1-July-2020.aspx 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. 2020-06-21T22:00:00Z 553f2cf5-f6e1-44e5-aee9-8c31386c63ad https://www.webberwentzel.com//News/Pages/business-rescue-and-liquidation-have-consequences-for-intellectual-property.aspx 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. 2020-06-08T22:00:00Z c85059d6-fbe4-4529-a846-ee14848480d7 https://www.webberwentzel.com//News/Pages/covid-19-temporary-exemption-from-holding-physical-general-meetings-to-help-companies-raise-capital.aspx 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. 2020-06-07T22:00:00Z 62510396-3cb1-4200-a768-0e4c80600c5c https://www.webberwentzel.com//News/Pages/business-rescue-offers-a-framework-not-a-solution.aspx 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 2020-06-01T22:00:00Z be1a3d42-7186-4baf-a9b8-696813615d2d https://www.webberwentzel.com//News/Pages/implications-of-the-new-policy-objectives-of-the-competition-act.aspx 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. 2020-06-01T22:00:00Z fcddb957-9371-4a5d-9bef-2e7ce199745f https://www.webberwentzel.com//News/Pages/10-Key-Considerations-For-Employers---Moving-into-Level-3-Lockdown-on-1-June-2020.aspx 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. 2020-05-31T22:00:00Z ae0a579c-b030-4161-8865-ac7c9ade71d4 https://www.webberwentzel.com//News/Pages/covid-19-companies-in-financial-distress-practical-m-a-considerations-in-restructuring.aspx 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. 2020-05-25T22:00:00Z f78823f4-fe61-485a-991e-1fd45ecd669f https://www.webberwentzel.com//News/Pages/covid-19-emergency-measures-and-investor-state-arbitration-claims.aspx 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. 2020-05-25T22:00:00Z 0cde88a7-20d1-4dd5-83ad-d1172c799f29 https://www.webberwentzel.com//News/Pages/covid-19-tax-relief-measures-and-a-time-concessions.aspx 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. 2020-05-21T22:00:00Z c6e8395e-0f88-4559-8c3a-1e08ad7a5b94 https://www.webberwentzel.com//News/Pages/covid-19-cipc-recognises-rusiness-rescue-filings-made-during-initial-lockdown-period.aspx 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. 2020-05-10T22:00:00Z 4c4acac3-0df7-4639-af31-08729e79552f https://www.webberwentzel.com//News/Pages/learning-from-edcons-misfortunes.aspx 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. 2020-05-06T22:00:00Z e468267e-df05-4941-9a21-e090fcf9c7d5 https://www.webberwentzel.com//News/Pages/covid-19-how-to-manage-place-of-effective-management-tax-risk-during-lockdown.aspx 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. 2020-05-05T22:00:00Z 842ad8cd-7be3-45c8-9182-4526adabd5e5 https://www.webberwentzel.com//News/Pages/covid-19-and-downgrades-directors-duties-unpacked.aspx 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. 2020-05-04T22:00:00Z 071bd7d7-e8f2-433b-a4fa-9963c51b87cb https://www.webberwentzel.com//News/Pages/covid-19-ters-5-important-updates.aspx Since the launch of TERS, there has been (almost) daily changes introduced by the Unemployment Insurance Fund. 2020-04-29T22:00:00Z 4b1d41e1-7400-472e-98fc-820e78d23a82 https://www.webberwentzel.com//News/Pages/planning-for-a-safe-return-to-work-all-risks-considered.aspx 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. 2020-04-23T22:00:00Z a2f10957-c194-4f1c-9d96-b1ba0a8bba88 https://www.webberwentzel.com//News/Pages/covid-19-arbitration-may-avert-the-massive-court-backlogs.aspx 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. 2020-04-22T22:00:00Z 3bb79a77-3fa1-4106-850b-77a406d70967 https://www.webberwentzel.com//News/Pages/covid-19-relief-for-jse-listed-companies-in-relation-to-certain-financial-reporting-obligations.aspx The ability of listed companies to meet their financial reporting obligations has, in many instances, been severely impacted by the Covid-19 crisis. 2020-04-15T22:00:00Z 279f3649-0a89-48cd-976b-515f1dc7ee53 https://www.webberwentzel.com//News/Pages/maintaining-good-corporate-governance-during-extraordinary-times.aspx The Covid-19 pandemic and emergency measures taken by the South African Government have caused unprecedented business disruption. 2020-04-08T22:00:00Z ec52191b-00d6-470f-b18e-4c6acecd6c91 https://www.webberwentzel.com//News/Pages/webber-wentzel-uses-technology-to-resolve-disputes-throughout-covid-19-lockdown.aspx 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. 2020-04-07T22:00:00Z ff781824-15b7-461f-8294-9b919d2ad49d https://www.webberwentzel.com//News/Pages/covid-19-lockdown-laws-the-unanswered-questions.aspx 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? 2020-04-01T22:00:00Z 88e0e1dd-4175-44a8-9edb-bde67c5bb192 https://www.webberwentzel.com//News/Pages/Covid-19-tax-relief-proposed-by-the-president.aspx 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. 2020-03-25T22:00:00Z 910a4d0c-68f2-468c-a50a-86c26986eedf https://www.webberwentzel.com//News/Pages/covid-19-electronic-signatures-in-lockdown-times.aspx 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. 2020-03-25T22:00:00Z bd5507f2-4e8e-42ae-b4eb-18df1c39c5e8 https://www.webberwentzel.com//News/Pages/covid-19-closed-trade-marks-designs-patents-and-copyright-offices-raise-further-risk-for-the-economy.aspx One only has to look back in history to appreciate the extent to which necessity is indeed the mother of invention. 2020-03-25T22:00:00Z a414632f-071d-4273-9e62-53f2a710cc3b https://www.webberwentzel.com//News/Pages/covid-19-assessing-risk-patent-infringements-in-public-healthcare-emergencies.aspx Patented technology holds the key to many solutions that assist medical professionals daily in the diagnosis and treatment of patients. 2020-03-25T22:00:00Z c745fff1-cdcb-4976-9300-f9237af63eb6 https://www.webberwentzel.com//News/Pages/covid-19-and-business-interruption-are-you-covered.aspx 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. 2020-03-16T22:00:00Z f05e4905-a3e8-47ae-80c4-21cd8b6841e9 https://www.webberwentzel.com//News/Pages/big-news-for-big-buyers-and-suppliers.aspx What businesses need to know about new buyer power and price discrimination laws 2020-02-25T22:00:00Z 7ea9cc3f-0ed6-4b5c-ad45-1a746aa1ef6a https://www.webberwentzel.com//News/Pages/companies-prepare-for-the-cipcs-new-compliance-checklist.aspx 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. 2020-02-12T22:00:00Z f5dd7b34-0db8-45ce-a4e6-f5999fbb9b7d https://www.webberwentzel.com//News/Pages/commencement-the-protection-of-personal-information-act-.aspx 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. 2020-01-26T22:00:00Z 9f5f580f-5368-4c4b-8ffc-96e762a5d7ae https://www.webberwentzel.com//News/Pages/reflections-on-2019-and-key-insights-for-2020.aspx Each year we publish a South Africa - Year in Review and Year to Come 2019/2020 insights piece with our alliance partner, Linklaters. 2020-01-08T22:00:00Z 64a1896c-d42e-427b-b259-e86d60bd8846 https://www.webberwentzel.com//News/Pages/understanding-the-obligation-on-shareholders-regulated-companies-to-disclose-information-related-to-beneficial-shareholders.aspx 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. 2019-11-10T22:00:00Z dee928b1-e1ec-4fc2-9543-221960635718 https://www.webberwentzel.com//News/Pages/selecting-a-best-fit-cloud-solution-for-a-business.aspx 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. 2019-10-31T22:00:00Z e0cbe7cd-6c17-40bb-8677-f7ebf936098b https://www.webberwentzel.com//News/Pages/webber-wentzel-bolsters-its-leading-insurance-offering.aspx Webber Wentzel has for many years been considered a leader in the insurance field. 2019-10-27T22:00:00Z bc0b7b24-4183-41a0-8ae3-b6028e81a473 https://www.webberwentzel.com//News/Pages/webber-wentzel-is-african-law-firm-of-the-year-at-the-african-legal-awards.aspx Webber Wentzel received the coveted African Law Firm of the Year award at the 2019 African Legal Awards on Friday, 6 September 2019. 2019-09-08T22:00:00Z a5cf5ddd-8055-46a9-917b-1aa7a1dc15de https://www.webberwentzel.com//News/Pages/catch-up-with-competition-law-now-august-2019.aspx 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. 2019-08-29T22:00:00Z 989bd393-9c42-4a12-a93f-cebdcb3c865e https://www.webberwentzel.com//News/Pages/4ir-and-south-africa.aspx The Fourth Industrial Revolution (4IR) is upon us. 4IR is affecting all levels of society, including the world of work. 2019-08-20T22:00:00Z d3e792d6-8718-4d43-8147-8c786d297a2a https://www.webberwentzel.com//News/Pages/catch-up-with-competition-law-now-july-2019.aspx 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. 2019-08-04T22:00:00Z 3fe5c4e1-11b0-4217-90f7-2721771b2935 https://www.webberwentzel.com//News/Pages/do-snitches-get-stitches.aspx 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. 2019-07-28T22:00:00Z 1eb4a19b-d77e-411f-91c2-1f6b375bd3b3 https://www.webberwentzel.com//News/Pages/upcoming-compliance-dates-to-diarise.aspx There are a number of important upcoming environmental law related compliance dates to diarise. 2019-07-21T22:00:00Z 8235fa53-e6f1-4a4d-a650-cc4d15980dfc https://www.webberwentzel.com//News/Pages/partial-commencement-of-the-competition-amendment-act-2018.aspx 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. 2019-07-11T22:00:00Z 67a5c64c-7987-4eb3-b248-4d11cac0a670 https://www.webberwentzel.com//News/Pages/key-developments-across-africa-in-the-first-half-of-2019.aspx 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. 2019-07-04T22:00:00Z 8aa00f98-1bab-4a90-b887-c35e8c388a10 https://www.webberwentzel.com//News/Pages/beware-employers-you-can-no-longer-discipline-an-employee-after-a-resignation-with-immediate-effect.aspx Employees often resign with immediate effect when facing disciplinary action. Employers may be unsure whether they can continue with an intended disciplinary action? 2019-07-03T22:00:00Z ae5c44d3-bfb9-4886-8866-263a4eaea927 https://www.webberwentzel.com//News/Pages/catch-up-with-competition-law-now-june-2019.aspx The Competition Tribunal (Tribunal) issued an administrative penalty of approximately ZAR16 million against Uniplate Group (Pty) Ltd (Uniplate) for abusing its dominance. 2019-06-30T22:00:00Z 19d73890-08c5-4c04-92d9-2fe9602b6fae https://www.webberwentzel.com//News/Pages/assessing-legal-risks-in-the-move-to-cloud.aspx 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. 2019-06-24T22:00:00Z 655e370b-b677-4698-9ea7-39381a07bf37 https://www.webberwentzel.com//News/Pages/navigating-merger-control-complexities-in-africa.aspx 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. 2019-06-20T22:00:00Z 8ef3463c-17af-4207-ad94-29c78b953192 https://www.webberwentzel.com//News/Pages/a-rand-backed-cryptocurrency-in-the-form-of-a-stablecoin.aspx 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. 2019-06-09T22:00:00Z d5be1735-40e5-43d7-bca3-09921a31866e https://www.webberwentzel.com//News/Pages/amendments-to-the-amended-generic-codes-of-good-practice-on-b-bbee.aspx On 9 April 2019, the Minister of Trade and Industry signed four amendments to the Amended Generic B-BBEE Codes of 2013 (Codes). 2019-06-02T22:00:00Z 4e568b91-a1b0-4c25-8e8f-0ee28ea1902d https://www.webberwentzel.com//News/Pages/navigating-the-administrative-regime-of-the-carbon-tax-act.aspx 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. 2019-05-29T22:00:00Z 7b5e1656-76f3-4690-8538-3b67ac9f1a5f https://www.webberwentzel.com//News/Pages/carbon-tax-laws-effective-from-1-june-2019-business-be-warned-.aspx On 22 May 2019, President Cyril Ramaphosa assented to the long-awaited Carbon Tax Act, 2019, which was gazetted on 23 May 2019. 2019-05-23T22:00:00Z 1be7e543-3c33-4ac5-b54e-bdeb77cdccd2 https://www.webberwentzel.com//News/Pages/dont-speak-ill-of-your-employer-in-public-it-may-get-you-fired.aspx In a recent matter the Labour Court considered the dismissal of three employees who made disparaging statements about their employer on public radio. 2019-05-19T22:00:00Z b94b02f6-b8f1-4893-bea6-d19d7cffc20f https://www.webberwentzel.com//News/Pages/sars-clarifies-what-transport-services-rendered-by-the-employer-means.aspx 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. 2019-05-12T22:00:00Z aab467f1-f4da-44b2-9e21-eb6b4235fde3 https://www.webberwentzel.com//News/Pages/jse-proposes-changes-to-listings-requirements-to-strengthen-regulation-of-primary-listings.aspx On 12 April, the JSE published for comment proposed amendments to its Listings Requirements to strengthen the regulation of primary listings and secondary listings. 2019-04-29T22:00:00Z fd00b67a-ee1c-4cce-94bd-b6d65c4fbf63 https://www.webberwentzel.com//News/Pages/higher-penalties-on-the-cards-for-failing-to-notify-mergers.aspx 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?" 2019-04-09T22:00:00Z 30191e43-199a-47bb-b18a-154d09155e11 https://www.webberwentzel.com//News/Pages/vat-electronic-services-regulations-finally-promulgated.aspx 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. 2019-03-18T22:00:00Z ced85b4d-1c9a-49d1-808c-19a6ab965362 https://www.webberwentzel.com//News/Pages/smart-contracts-vs-traditional-contracts-same-but-different.aspx 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. 2019-03-12T22:00:00Z 57f50432-feab-4327-85da-bc120df566a1 https://www.webberwentzel.com//News/Pages/understanding-the-exemption-to-the-new-national-minimum-wage.aspx 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. 2019-01-16T22:00:00Z f076c64b-9a72-47fe-b34a-4cea85196e4c https://www.webberwentzel.com//News/Pages/webber-wentzel-publishes-insights-pieces-looking-at-key-legal-and-regulatory-developments-for-2018-2019.aspx 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. 2019-01-14T22:00:00Z 5df0ed92-1ecf-46e0-8ac6-1ac37ca9db69 https://www.webberwentzel.com//News/Pages/revised-carbon-tax-bill-introduced-to-parliament.aspx 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. 2018-11-27T22:00:00Z 9eb9cfdf-194e-4b90-984b-83428b32aab9 https://www.webberwentzel.com//News/Pages/the-launch-of-webber-wentzel-alert.aspx 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"). 2018-09-28T22:00:00Z 63a29b74-1967-4183-8997-698178a1f043 https://www.webberwentzel.com//News/Pages/disrupting-the-disrupted-the-dawn-of-fintech-regulation-in-the-twin-peaks-new-world-order.aspx 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. 2018-04-10T22:00:00Z c48544b7-782d-4d87-a168-1b73b9444294 https://www.webberwentzel.com//News/Pages/cryptocurrency-transactions.aspx In South Africa, as with most other countries around the world, there is no guidance and regulation regarding cryptocurrencies such as Bitcoin. 2018-03-25T22:00:00Z da43ef37-60bf-4080-8f10-a0cc44e82189 https://www.webberwentzel.com//News/Pages/starts-ups-should-embrace-not-fear-the-legal-nitty-gritty.aspx Inventory, wages, premises and cash flow are just a few of the concerns shouldered by the modern-day entrepreneur. 2018-01-14T22:00:00Z 192db921-9890-43ea-b584-36e98d41689c https://www.webberwentzel.com//News/Pages/cyber-resilience-guidance-note-issued-by-the-sarb.aspx 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). 2017-07-02T22:00:00Z 957e783b-82d1-4685-89f1-e861cd4ed80f https://www.webberwentzel.com//News/Pages/Catch-Up-With-Competition-Law-Now-May-2017.aspx 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" 2017-05-30T22:00:00Z