https://www.webberwentzel.com//Pages/RSS-Feeds.aspx Webber Wentzel feed en-us Copyright 2020 Sun, 16 Aug 2026 18:08:34 +0200 Sample Code http://server/image.jpg https://www.webberwentzel.com//Pages/RSS-Feeds.aspx 413cc879-288b-4f95-b2f5-aa83192e22ee 86e26bb9-61f3-4c3a-9cc6-51925461237b https://www.webberwentzel.com//News/Pages/How-long-will-your-visa-or-permit-take-home-affairs-releases-official-2026-2027-processing-times.aspx On 27 June 2026, the Department of Home Affairs (DHA) took a step towards greater transparency in South Africa's immigration system by issuing Immigration Circular No 08 of 2026 (the Circular). For the first time, the DHA has formally published the official performance targets and turnaround times for visa, permit, waiver and appeal applications for the 2026/2027 performance cycle. 2026-07-23T22:00:00Z 748eea5a-c9b2-43c4-afd9-2ebbcb83781e 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 9ab18ef8-7e74-42c4-aab9-efe6fe5537d9 https://www.webberwentzel.com//News/Pages/constitutional-court-confirms-vat-zero-rating-does-not-apply-to-recycled-or-second-hand-gold.aspx The Constitutional Court has handed down a unanimous judgment that definitively settles the VAT treatment of gold supplied to the South African Reserve Bank (SARB), the South African Mint Company (SA Mint) and registered banks. 2026-07-05T22:00:00Z 44618ebd-1f8f-4fac-9aac-d95e237975d8 https://www.webberwentzel.com//News/Pages/delictual-exposure-in-road-maintenance-failures--.aspx Driving on South African roads often feels like a constant game of dodging potholes. When that game turns catastrophic, the question that arises is who bears the duty of reasonable steps to prevent such harm? 2026-06-24T22:00:00Z ea3fea41-c4c5-4805-b503-440510292bf4 https://www.webberwentzel.com//News/Pages/the-scas-analysis-of-causation-in-suicide.aspx In a recent judgment handed down on 21 May 2026, the Supreme Court of Appeal (SCA) considered whether the Road Accident Fund (RAF) may be held liable for a dependant's loss of support claim where a deceased person, having suffered injuries in a motor vehicle accident, subsequently commits suicide. 2026-06-23T22:00:00Z 76d1c2f5-9b41-4b78-b0b2-018a087c0d2a https://www.webberwentzel.com//News/Pages/why-diesel-rebate-claims-are-lost-on-compliance-documents.aspx Four recent judgments show SARS targeting compliance failures rather than the underlying activity. 2026-06-14T22:00:00Z 508ef4c5-6a5f-4282-8b39-1eda5f7a35d7 https://www.webberwentzel.com//News/Pages/disclosure-obligations-in-the-context-of-cross-border-directorships.aspx Section 75 of the Companies Act (the Act) provides that if a director has a personal financial interest (PFI), or knows that a related person has a PFI, in a matter to be considered at a board meeting, that director must disclose that interest and must subsequently recuse themselves from consideration of the relevant matter. 2026-06-07T22:00:00Z 766ef3b3-02a7-4bbb-9954-70ad960acae2 https://www.webberwentzel.com//News/Pages/certainty-in-transfer-pricing-is-closer.aspx SARS has released its much-anticipated additional guidance on the Advanced Pricing Agreement (APA) programme, complementing the legislation issued in 2023. 2026-06-02T22:00:00Z c396db75-8570-4fc4-9039-e2658c518ad6 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 aee374a3-6f1a-4895-8a00-ce53c74bba1b 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 cd1552a2-9d61-4097-aaaf-b421980ac07d https://www.webberwentzel.com//News/Pages/zep-to-permanent-residence-charting-the-right-course.aspx There remains a degree of uncertainty as to whether holders of Zimbabwean Exemption Permits (ZEP) may access South African permanent residence (SA PR) through a dedicated or expedited process. This update confirms the current legal position. At present, no published policy, directive, or gazetted amendment establishes a dedicated route to SA PR for ZEP holders. ZEP holders wishing to obtain SA PR must transition to a mainstream temporary residence visa and qualify under the existing statutory framework. 2026-05-17T22:00:00Z bb3e0489-8643-49a2-af76-7216c04b720f https://www.webberwentzel.com//News/Pages/when-ai-rejects-insurance-claims.aspx Artificial intelligence (AI) is no longer a distant prospect for the insurance industry, it is already embedded in operations, making decisions, and generating litigation. Insurers globally are integrating AI tools into their claims processes, promising faster determinations, improved efficiency, and greater consistency. 2026-05-14T22:00:00Z 5eb73d09-ea9b-4d8f-bf45-9f33160ffb9d https://www.webberwentzel.com//News/Pages/when-ignorance-is-no-defence-and-tax-benefit-need-not-be-obtained-directly-the-constitutional-courts-gaar-judgment-in-absa.aspx The Constitutional Court's judgment in Absa Bank Ltd and Another v Commissioner for the South African Revenue Service [2026] ZACC 15, handed down on 22 April 2026, is the first interpretation of the General Anti-Avoidance Rules (GAAR) in sections 80A to 80L of the Income Tax Act 58 of 1962 at this level since those provisions were introduced in 2006. 2026-05-12T22:00:00Z e5a2f5b8-2afb-4ca7-8508-dc062677ca28 https://www.webberwentzel.com//News/Pages/opting-out-the-amendment-to-the-consumer-protection-act-regulations.aspx Unsolicited direct marketing, including spam calls, SMSs, and messaging via digital platforms has become a persistent issue for consumers in South Africa, who are increasingly exposed to high volumes of unwanted communications. 2026-04-19T22:00:00Z 36749a01-b87f-43ac-a520-1dc00b96375e https://www.webberwentzel.com//News/Pages/sars-wins-at-the-constitutional-court-then-changes-the-rules-the-medtronic-interest-relief-saga.aspx In a striking twist of tax policy, the 25 February 2026 Budget Speech announced a proposed legislative amendment that appears to directly contradict the position that the South African Revenue Service (SARS) pursued all the way to the Constitutional Court, at significant cost to the taxpayer, Medtronic International Trading S.A.R.L. and ultimately to the fiscus. 2026-03-02T22:00:00Z 4b8d8ec7-3e7f-4cf1-a60b-75a9ecc626a8 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 fa2cd611-8ffa-4b33-9d67-3762c30de115 https://www.webberwentzel.com//News/Pages/dismissal-of-foreign-national-employees-without-appropriate-work-visas-legal-incapacity-not-retrenchment.aspx Recent blitz inspections by the Department of Home Affairs (DHA) and other enforcement authorities have placed employers under increasing pressure to address non-compliance with immigration laws. Where inspections reveal that foreign national employees lack valid work authorisation, employers may be compelled to take immediate remedial action, including terminating employment relationships that have become unlawful. 2026-02-23T22:00:00Z 1af4bcec-e180-4cab-9bc1-9d219901b0d0 https://www.webberwentzel.com//News/Pages/changes-proposed-to-bbbee-rules-on-transformation-fund-and-preferential-procurement.aspx On Thursday, 29 January 2026, the Minister of Trade, Industry and Competition published draft changes to the broad-based black economic empowerment (B-BBEE) Codes of Good Practice (Codes) regarding the proposed Transformation Fund and changes to the way that preferential procurement is measured to incentivise businesses to buy from suppliers that are wholly owned by Black people. 2026-02-02T22:00:00Z eda27056-28c7-48cf-9bc2-7e1a6da7c9d2 https://www.webberwentzel.com//News/Pages/employers-now-subject-to-dual-enforcement-for-non-payment-of-benefit-fund-contributions.aspx The Minister of Employment and Labour (the Minister) has withdrawn a long-standing exemption that previously shielded employers from labour law enforcement regarding deadlines for payment of benefit fund contributions. This change strengthens the enforcement framework and creates additional compliance obligations for employers. 2026-01-18T22:00:00Z 4ca8ddd8-07ab-47e6-bb07-07f45664214c 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 9e5034f0-268b-4a51-9586-ed246d136e3e https://www.webberwentzel.com//News/Pages/the-case-for-inclusive-road-maintenance-in-johannesburg.aspx How we access our homes, places of work, friends, family, hospitals and other critical services in Johannesburg depends, in one way or another, on the municipality's road infrastructure. 2025-12-16T22:00:00Z fc437fa8-d00b-4ff3-a6cd-da40d78e6cc1 https://www.webberwentzel.com//News/Pages/when-privacy-is-mistaken-for-defamation-national-union-of-metal-workers-of-south-africa-v-b.aspx It is easy to understand why privacy and defamation often become tangled in public discourse and even in litigation. Both involve publishing information about a person. Both can cause deep personal harm, provoking humiliation, anger and a profound sense of invasion. 2025-12-07T22:00:00Z 249ba2be-31f1-46f8-9802-c5406aa6c431 https://www.webberwentzel.com//News/Pages/no-way-out-mediation-is-not-optional-in-the-gauteng-division-of-the-high-court.aspx With effect from 22 April 2025, the Gauteng Division of the High Court has introduced mandatory mediation before civil trials. This requires parties to first undergo mediation before they can apply for a trial date. 2025-11-17T22:00:00Z 1a4a95ea-7e9b-495f-b9a6-1ea3a93a0cfd https://www.webberwentzel.com//News/Pages/navigating-phase-two-of-carbon-tax-amendments-allowance-reform-and-offset-expansion.aspx Phase Two of the carbon tax will be implemented from 1 January 2026 until 31 December 2030 (Phase Two). 2025-11-17T22:00:00Z ca732cfb-9531-48f9-8b3d-041746803414 https://www.webberwentzel.com//News/Pages/beyond-umk-cc-a-good-cause-for-high-court-tax-litigation.aspx The Constitutional Court (CC) in United Manganese of Kalahari (Pty) Limited v CSARS and Others (CCT 72/24) (31 March 2025) (UMK) has fundamentally reshaped the jurisdictional framework for High Court tax litigation in South Africa. The judgement replaced the current restrictive "exceptional circumstances" test in section 105 with a more flexible "good cause" standard, creating new strategic opportunities for litigants. 2025-11-09T22:00:00Z b79d02b9-63ae-4aa6-a449-9e4cd36aef45 https://www.webberwentzel.com//News/Pages/from-headline-to-effective-navigating-phase-two-with-offsets-as-a-tax-asset.aspx The carbon tax (as defined in section 1 of the Carbon Tax Act 15 of 2019 (CTA) is a tax on the carbon dioxide (CO2) equivalent of greenhouse gas emissions. It is imposed in terms of section 2 of the CTA at the applicable carbon tax rate, which escalates annually in the amounts as set out in section 5 of the CTA. 2025-11-03T22:00:00Z 1c1c0287-61dc-4b15-a453-e9629280c920 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 a280c529-db81-40cd-995a-bc44eb2ec18c 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 e06f2f41-d695-41c7-96da-6c5a805bc509 https://www.webberwentzel.com//News/Pages/the-mythical-life-of-a-south-african-taxpayer.aspx If South African tax were a fable, it would feature three enduring characters: the weary taxpayer, the watchful SARS, and the elusive concept known as certainty. All three appear in our legislation, but only one consistently shows up in practice — SARS. 2025-10-20T22:00:00Z eb60ee50-33b1-4cac-a25a-df6deb351e82 https://www.webberwentzel.com//News/Pages/the-landmark-parental-leave-judgment-cementing-all-classes-of-parents-as-equal-participants-in-their-childrens-lives.aspx On 3 October 2025, the Constitutional Court handed down a unanimous ruling in Van Wyk v Minister of Employment and Labour and Others, confirming that South Africa's statutory four months and 10 days of parental leave may be shared between both parents. 2025-10-14T22:00:00Z 9708038e-5b15-4d79-9de2-4830184842f0 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 415463fb-0654-4d5e-9425-4da5106aea8d https://www.webberwentzel.com//News/Pages/beyond-the-contract-hr-focus-and-the-commercial-reality-test.aspx The recent High Court judgment in CSARS v HR Focus CC fundamentally clarifies when payroll administrators become liable for skills development levies (SDL) and value-added tax (VAT). 2025-10-01T22:00:00Z e4e6f4f2-1418-45d5-8813-2331847caab8 https://www.webberwentzel.com//News/Pages/supply-chain-disruptions-tailoring-the-force-majeure-clause-to-agricultural-realities.aspx In our previous article, Supply Chain Disruptions: Legal Strategies for Managing Risks in Agribusiness, we explored the unique challenges that make agricultural supply chains particularly susceptible to shocks, from climatic events to regulatory changes. 2025-09-30T22:00:00Z 31d64d0c-9e53-4c34-9358-4e5e168d0bc0 https://www.webberwentzel.com//News/Pages/supply-chain-disruptions-legal-strategies-for-managing-risks-in-agribusiness.aspx Agribusiness supply chains are, by their very nature, among the most disruption-prone in the world. Unlike industrial manufacturing, where companies can stockpile parts or reconfigure production lines to adapt to shortages, agriculture operates on biological and seasonal timetables. 2025-09-28T22:00:00Z 7c2d3d35-066d-40f4-934f-c3056cc6a0c0 https://www.webberwentzel.com//News/Pages/national-treasurys-vicious-crackdown-on-cis-tax-avoidance.aspx National Treasury has proposed three major amendments affecting portfolios of Collective Investment Schemes (CISs) in the draft Taxation Laws Amendment Bill, 2025 (TLAB). 2025-09-14T22:00:00Z 560c82ee-45d7-471f-a684-35e7172cc337 https://www.webberwentzel.com//News/Pages/effective-immediately-how-the-finalised-code-of-good-practice-on-dismissals-reshapes-employer-obligations.aspx The Code of Good Practice on Dismissals (COP), published in the Government Gazette on 4 September 2025, introduces significant developments to Schedule 8 of the Labour Relations Act, 1995 (LRA). 2025-09-08T22:00:00Z 0694e17f-22ed-4dbe-ac2b-5a2a495cc9a9 https://www.webberwentzel.com//News/Pages/a-test-of-organisational-integrity-protecting-people-protecting-employers-and-rethinking-how-to-handle-harassment-in-the-workplace.aspx Harassment in the workplace, particularly sexual harassment, continues to challenge organisations across industries. While laws and policies provide a framework for handling complaints, the way cases are managed in practice often determines whether employers truly protect their people and themselves. 2025-09-03T22:00:00Z 980ee380-426e-450e-b719-5f806ac1e91c https://www.webberwentzel.com//News/Pages/new-draft-tax-bill-hides-a-stealth-tax-in-your-unit-trust-investments.aspx For millions of South Africans, a unit trust or a portfolio of a Collective Investment Scheme (CIS) is one of the pillars of their financial future, serving as a vehicle for retirement savings, children's education funds, and long-term wealth creation. 2025-09-02T22:00:00Z 91ffcae1-549e-4af2-9bf5-ace476fa5d4d https://www.webberwentzel.com//News/Pages/turning-tariffs-into-strategy-south-africas-competition-law-pivot.aspx On 2 April 2025, the United States (US) administration issued an executive order imposing a baseline 10% import duty on nearly all goods entering the US. Higher country specific tariff rates were also applied, with South Africa subject to a 30% duty. 2025-09-01T22:00:00Z e50dfb38-db6e-48e7-b121-ea4133424db8 https://www.webberwentzel.com//News/Pages/mergers-and-acquisitions-in-the-food-industry-legal-trends-and-considerations.aspx The global food industry has experienced significant transformation in recent years, driven by evolving consumer preferences, technological advancements and economic factors. Mergers and acquisitions (M&A) have become pivotal strategies for companies seeking to enhance their market position, diversify product offerings and achieve economies of scale. 2025-08-27T22:00:00Z c9a2ca26-99b8-4ce5-9cce-85ca936e915c https://www.webberwentzel.com//News/Pages/practical-considerations-when-implementing-esop-and-hdp-transactions.aspx Employee share ownership programmes (ESOPs) and HDP (historically disadvantaged persons) transactions have gained prominence in the context of mergers and acquisitions, where the South African competition authorities have increasingly conditionally approved mergers subject to ESOPs or HDP transactions to address public interest concerns. 2025-08-27T22:00:00Z fa27aeed-973b-4680-955f-030cfd41a7f0 https://www.webberwentzel.com//News/Pages/navigating-the-global-tide-how-african-businesses-can-thrive-under-mandatory-human-rights-due-diligence.aspx Since the unanimous endorsement of the United Nations Guiding Principles on Business and Human Rights (UNGPs) by the UN Human Rights Council in 2011, a new era of socially responsible and sustainable business has taken shape and continues to build momentum. 2025-08-20T22:00:00Z 60e58c8a-1813-48e3-b8d3-4ef30eb0cdec 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 bb249b0f-78c2-4ced-9129-ccfffd6bd847 https://www.webberwentzel.com//News/Pages/ndas-and-workplace-harassment-south-africas-existing-legal-protections.aspx Non-disclosure agreements (NDAs) have been widely criticised for silencing victims of workplace harassment in several jurisdictions. 2025-08-14T22:00:00Z 620d06b1-d4a9-48df-a8d0-bfd921d5dfea 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 5d73dee5-486b-4c1a-a775-bc2fabbc1fc0 https://www.webberwentzel.com//News/Pages/a-new-paradigm-for-executive-dismissals-analysing-the-proposed-amendments-to-the-lra-on-remedies-for-high-icome-employees.aspx The South African labour law landscape may be on the cusp of a significant shift with the proposed amendments to the Labour Relations Act 66 of 1995 (LRA), as detailed in the final National Economic Development Labour Council (Nedlac) report on the Labour Law Reform Process. 2025-08-04T22:00:00Z 280b33e8-1e3d-4680-9366-186a8c49e4cf 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 3b662e01-a53b-43e0-a085-176207b90a2e https://www.webberwentzel.com//News/Pages/beyond-the-balance-sheet-contextualising-the-costs-and-benefits-of-b-bbee.aspx The current media debate around Broad-Based Black Economic Empowerment (B-BBEE) has brought fresh attention to the policy’s impact on the economy – raising important questions about its effectiveness, costs and outcomes. 2025-07-23T22:00:00Z 0a7ea64b-9b86-43d7-9683-0f632d92e0d3 https://www.webberwentzel.com//News/Pages/employers-failure-to-comply-with-employment-laws-renders-a-foreign-nationals-dismissal-unlawful.aspx In a recent judgment of the Eastern Cape High Court, Mthatha (Court), the Court declared the dismissal of a foreign national employee unlawful, despite the individual’s failure to have a valid work visa. 2025-07-15T22:00:00Z f83e90ea-1ce1-48e0-a8bc-ce1259da4cef 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 8ad567a0-03b4-4394-b62e-2f7e81592ed3 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 e536462f-ba08-4a60-9eb4-c8e0573c3136 https://www.webberwentzel.com//News/Pages/update-usa-tariffs-to-increase-again-on-south-african-imports.aspx On 7 July 2025, President Donald Trump of the United States of America (USA) announced, in a letter addressed to President Cyril Ramaphosa, that a tariff rate of 30% "on any and all South African products sent into the United States" will be imposed from 1 August 2025. 2025-07-10T22:00:00Z f0940c24-0a66-4017-8e69-b6430a7f18da https://www.webberwentzel.com//News/Pages/when-dinner-bites-back-negligence-is-on-the-menu-as-the-western-cape-high-court-serves-up-res-ipsa-loquitur.aspx Four years after a seemingly ordinary dinner ended in emergency surgery, the Western Cape High Court has served up a stern warning to the hospitality industry: if a hazardous object reaches a diner’s plate, negligence may be inferred, unless proven otherwise. 2025-07-06T22:00:00Z c89d3c07-5569-4faa-8d3d-0351eb3ce21b https://www.webberwentzel.com//News/Pages/a-walk-around-the-block-an-overview-of-recent-block-exemptions.aspx In recent months, the Minister of Trade, Industry, and Competition has published several block exemption regulations in terms of section 10(10) of the Competition Act, 1998. 2025-06-11T22:00:00Z 30cb9130-6381-4cd6-ab28-b5daca1b7696 https://www.webberwentzel.com//News/Pages/competition-commission-draws-distinction-between-pure-internal-restructurings-and-minority-shareholder-transactions.aspx The Competition Commission recently published guidelines aiming to provide clarity on whether internal restructurings require prior approval from the competition authorities. 2025-05-29T22:00:00Z 42657a92-5c6a-468a-bf10-52f366c773b3 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 8b25e90f-46f7-450b-a793-02160216233b https://www.webberwentzel.com//News/Pages/merging-ahead-navigating-south-africas-complex-competition-landscape.aspx The last quarter of 2024 and the beginning of 2025 were marked with a flurry of activity by the South African competition authorities, which signalled a shift from their recent overemphasis on public interest effects of mergers, to age-old competition considerations. 2025-05-15T22:00:00Z 545fa071-e917-4cba-b3be-60e5ccbfe77c https://www.webberwentzel.com//News/Pages/understanding-employers-pension-fund-obligations-directors-personal-liability-for-unpaid-pension-contributions.aspx In today’s challenging economic climate, many companies face financial distress and even insolvency. However, recent legal developments make it clear that financial hardship is no excuse for failing to meet statutory obligations, particularly the obligation to pay over retirement fund contributions deducted from employees' salaries. 2025-04-28T22:00:00Z e4b5d229-9427-4f2e-a504-3aba8d6a4979 https://www.webberwentzel.com//News/Pages/update-90-day-pause-on-increased-us-tariffs-for-south-african-goods.aspx On 9 April 2025, the President of the United States of America, Donald Trump, announced a 90-day “pause” on the implementation of most increased tariff rates. 2025-04-13T22:00:00Z e4b0233c-8e7f-4397-b4df-a16c9a239b8f https://www.webberwentzel.com//News/Pages/employers-failure-to-intervene-renders-female-pastor-successful-in-constructive-dismissal-claim.aspx A recent Labour Court judgment confirms that where employers fail to properly address grievances or mitigate the cause of an employee’s complaint, a constructive dismissal claim may succeed. 2025-04-13T22:00:00Z 87c76faa-f641-468c-8d38-8806a2f2ad90 https://www.webberwentzel.com//News/Pages/the-agricultural-sector-can-overcome-the-impact-of-potential-agoa-exit.aspx The hostile disposition of the United States' (US) President Donald Trump towards South Africa raises serious concerns about the possible exclusion of South Africa as a beneficiary of the African Growth and Opportunity Act (AGOA) which is set for renewal in 2025. 2025-04-07T22:00:00Z fdc35072-dd7d-4c39-8ed3-c61f12805c4b https://www.webberwentzel.com//News/Pages/usa-tariffs-increase-on-south-african-imports.aspx On 2 April 2025, the President of the United States of America (USA), Donald Trump, issued an executive order imposing an additional 10% import duty on nearly all imports into the USA. 2025-04-03T22:00:00Z 9c6bcf40-9765-4968-94d1-7ae8611153f1 https://www.webberwentzel.com//News/Pages/liability-on-the-move-what-the-sca-says-about-runner-spectator-accidents.aspx Running is a popular sport, whether for health, social engagement, or community awareness. But what happens when a runner collides with a spectator? This question was considered by the Supreme Court of Appeal (SCA) in the recent judgment of Kalmer v Davids NO (in her capacity as Executor in the Estate: Late Yasmin Salie) and Another. 2025-04-02T22:00:00Z be89f90b-4ef8-400a-86b4-4af51e8d8dbc https://www.webberwentzel.com//News/Pages/companies-amendment-acts-of-2024-a-deep-dive-into-the-newly-introduced-director-prescribed-officer-remuneration-provisions.aspx The Companies Amendment Acts of 2024 (Amendment Acts) were signed into law on 30 July 2024. The Amendment Acts aim to enhance the ease of doing business by clarifying, simplifying, and strengthening certain sections of the Companies Act 71 of 2008 (Companies Act), while also improving transparency and disclosure requirements for companies. 2025-04-01T22:00:00Z 80a3cd17-3a52-42ff-8ed3-e2e27cd05c1f https://www.webberwentzel.com//News/Pages/the-expropriation-act-a-solution-to-south-africas-land-reform-challenges.aspx The Expropriation Act (the Act), recently signed into law by President Ramaphosa, has sparked mixed reactions from various groupings across the country. Some, probably influenced by certain misconceptions, remain strongly opposed to the Act's purport, while some have strongly defended the Act. 2025-02-24T22:00:00Z b56645f8-7061-47fb-be3d-95cf05096f96 https://www.webberwentzel.com//News/Pages/national-minimum-wage-increases-from-1-march-2025-as-new-rates-take-effect.aspx The Minister of Employment and Labour has announced adjustments to the national minimum wage, which will take effect on 1 March 2025. 2025-02-05T22:00:00Z 62b6c586-1080-4a5f-90f6-193ebfd74468 https://www.webberwentzel.com//News/Pages/competition-commission-aims-to-provide-clarity-on-internal-restructurings.aspx The legal position on whether internal restructurings within South African businesses require prior approval from the competition authorities has been uncertain for some time. In a welcome development, on 24 January 2025, the Competition Commission took steps to clarify this issue by publishing draft guidelines on internal restructurings. 2025-01-28T22:00:00Z 4a3ef294-df52-4f4d-9cc9-635442be869c https://www.webberwentzel.com//News/Pages/botswana-a-new-era-of-governance-and-investment.aspx The political landscape in Botswana has shifted significantly with the recent electoral success of the Umbrella for Democratic Change (UDC), which ended 58 years of rule by the Botswana Democratic Party (BDP). 2024-11-20T22:00:00Z 21106dae-8117-41f1-9c12-82ef2114918d https://www.webberwentzel.com//News/Pages/latest-developments-in-south-african-immigration-point-based-system-remote-work-visa-visa-backlogs-and-extended-concessions.aspx Over the past 10 months, the Department of Home Affairs (DHA) rolled out several significant changes that will impact the immigration space in South Africa. 2024-11-05T22:00:00Z eb9421bb-73c9-4a7d-9268-76ea079513c0 https://www.webberwentzel.com//News/Pages/pet-food-packaging-is-likely-to-become-subject-to-stricter-regulations-for-producers-advertisers-and-retailers.aspx South African pet owners are becoming increasingly concerned about their pets' health and dietary needs. In line with this changing awareness, recent regulatory developments have shown a trend towards stricter regulation of pet food packaging. 2024-09-17T22:00:00Z 86d1382a-7d7a-4e90-9939-94b6ebb72e5f https://www.webberwentzel.com//News/Pages/privacy-risks-of-dark-patterns-in-the-pet-care-industry.aspx There is a developing global trend concerning lawsuits filed against 'big tech' by regulators and consumers over the use of potentially deceptive 'dark patterns'. 2024-09-16T22:00:00Z ae5b6264-7f7a-4057-9676-68b92e130afb https://www.webberwentzel.com//News/Pages/shorten-the-disciplinary-carousel-to-benefit-employees-and-employers.aspx The Labour Relations Act (LRA) in South Africa goes to great lengths to provide employees and employers with a structure they can use to address matters around conduct and discipline. However, since the LRA and Commission for Conciliation, Mediation and Arbitration (CCMA) came into existence, a perception exists that disciplinary matters are events of almost last resort because of their cost in time and money. 2024-08-21T22:00:00Z dba1a0a8-e414-45b1-8321-313be4938575 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 f58ddb42-3e64-4a85-baae-8b083395f81e https://www.webberwentzel.com//News/Pages/the-role-of-ai-in-the-agricultural-revolution-and-risks-of-change.aspx In May earlier this year, we explored opportunities and challenges artificial intelligence (AI) is creating in the hospitality sector. These opportunities included customer experience and ESG, while the challenges ranged from data privacy to where liability begins and ends. AI's far-reaching influence on global economies necessitates an examination of its effects on various sectors, including agriculture. 2024-08-20T22:00:00Z 28e4fed8-eff0-4616-8340-4ee8d0aed4f1 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 9ecc4ee4-efc4-432d-8961-a8cfa57ecb75 https://www.webberwentzel.com//News/Pages/on-the-cusp-of-important-company-law-changes-companies-amendment-acts-gazetted.aspx The long-awaited amendments in the Companies Amendment Bills, 2023 have been signed into law and published in the Government Gazette as Acts of Parliament. The Companies Amendment Act, 2024 includes provisions to enhance transparency and provide for more disclosure by companies. The Companies Second Amendment Act, 2024 extends the time bars applicable to applications for director delinquency and proceedings to recover loss due to director liability. 2024-07-30T22:00:00Z 3345db64-6a45-4939-9872-eded03e9cc90 https://www.webberwentzel.com//News/Pages/the-digitisation-of-payments-in-south-african-agribusiness.aspx South Africa's digital payments landscape has evolved significantly in recent years and currently consists of various payment methods such as debit, credit and fleet transactions; authenticated collections (DebiCheck); contactless payments; electronic funds transfer (EFT); PayShap and mobile money, among others. 2024-07-21T22:00:00Z e6a1572b-74a8-49dd-97c2-8423c79a682b 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 eb969007-a201-4274-8bd7-eb9311c27622 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 7d033a6e-c8cd-475f-b879-cd7cda23ecc5 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 7fe76529-afd8-4281-baef-741c39d659d2 https://www.webberwentzel.com//News/Pages/the-jse-moves-forward-with-its-market-segmentation-proposals.aspx To enhance transparency, competitiveness, fairness and efficiency, the Johannesburg Stock Exchange (JSE) proposes to introduce a market segmentation model for the JSE Main Board. This would create two segments: Main Board Prime and Main Board General. The Main Board General segment would offer several less onerous listing obligations for companies listed in this segment. 2024-04-29T22:00:00Z 670cff6d-6fdd-48d7-bc1a-0c963b59d994 https://www.webberwentzel.com//News/Pages/how-the-two-pot-system-will-affect-the-hospitality-industry.aspx Allowing financially stretched fund members to withdraw a limited amount of money from their pension savings from what’s known as a savings pot, the two-pot system offers benefits to employees across a multitude of sectors. For the hospitality and leisure industry, which has a relatively high staff turnover rate, the system may facilitate access to emergency pension funds without the need to resign. 2024-04-29T22:00:00Z ffcf956b-a264-43d1-9a1b-9d6e46ad453f https://www.webberwentzel.com//News/Pages/stamping-out-racially-charged-misconduct.aspx A recent Labour Court judgment reaffirms the court's position to support employers that dismiss employees for racial misconduct, whether casual or brazen. 2024-04-15T22:00:00Z d9869002-8f82-46cb-9590-f271c9c186e4 https://www.webberwentzel.com//News/Pages/third-reminder-from-the-companies-and-intellectual-property-commission-on-beneficial-ownership-filings-hard-stop-restrictio.aspx A third customer notice from the CIPC reminds companies of their beneficial ownership and beneficial interest disclosure obligations and reiterates that from 15 April 2024, companies will not be able to file annual returns unless the relevant information has been submitted. 2024-04-07T22:00:00Z 151eef60-dfb7-4804-8c32-a195882af515 https://www.webberwentzel.com//News/Pages/a-snapshot-of-the-key-amendments-in-the-companies-amendment-bills-2023.aspx South Africa's Parliament has passed the Companies Amendment Bills, 2023. The Companies Amendment Bill, 2023 includes provisions to enhance transparency and provide for more disclosure and governance of executive remuneration. 2024-04-03T22:00:00Z 6fd48d5d-5a35-43ba-a525-467453af62b1 https://www.webberwentzel.com//News/Pages/webber-wentzels-pet-care-business-offering.aspx The pet care industry is a broad and rapidly developing market with substantial growth potential, in various segments and industries. 2024-03-25T22:00:00Z 112f17a7-801c-4c4a-ab90-bf482bc5d362 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 71c50878-8eef-4ae0-84b7-8af897656b75 https://www.webberwentzel.com//News/Pages/skills-development-and-growth-for-the-agricultural-sector.aspx The agricultural sector is the backbone of the South African economy and plays a vital role in food security, job creation, and overall economic growth. However, this sector faces a constant challenge – ensuring it has a skilled workforce equipped to handle the complexities of modern agriculture. 2024-03-17T22:00:00Z 27f26b14-9d90-451f-8118-e996c114204c https://www.webberwentzel.com//News/Pages/the-national-council-of-provinces-passed-the-cannabis-for-private-purposes-bill-%5Bb-19b-2020%5D.aspx In a move that could serve as catalyst for the reshape of South Africa's cannabis landscape, the National Council of Provinces (NCOP) recently passed the Cannabis for Private Purposes Bill [B 19B-2020] (the Bill). 2024-03-13T22:00:00Z 2cbd42e8-ae32-4659-844a-6b64d031308a https://www.webberwentzel.com//News/Pages/proposed-update-to-schedule-6-of-the-medicines-and-related-substances-act.aspx The Minister of Health in terms of section 22A(2) of the Medicines and Related Substances Act 101 of 1965 and on the recommendation of the SAHPRA, has invited interested persons to submit substantiated comments or representations on the proposed update of Schedule 6 to the Medicines Act. 2024-03-11T22:00:00Z a762c0e3-43eb-4f0d-b9ba-613d31c20ad6 https://www.webberwentzel.com//News/Pages/2024-earnings-threshold-announced.aspx The earnings threshold will increase to R254 371.67 with effect from 1 April 2024, entitling employees falling below the threshold to stricter protections in terms of labour legislation. 2024-03-05T22:00:00Z 3cbb653e-1803-480a-9726-72896008058d https://www.webberwentzel.com//News/Pages/beyond-60-landmark-judgment-upholds-right-to-work-challenges-retirement-norms.aspx A recent judgment by the Labour Court confirms the current untenable position that many working-class South Africans find themselves in - being unable to retire comfortably at the standard retirement age, thus necessitating working beyond retirement. 2024-02-27T22:00:00Z 84fdbc24-4c7d-4d80-b455-07a5b08b4c48 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 70aaf40c-21bb-4cae-b78e-0157b67b944a 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 a944a07e-1d48-4da9-a455-254b2ad09cf5 https://www.webberwentzel.com//News/Pages/contributed-tax-capital-and-the-provisos.aspx The Taxation Laws Amendment Act 20 of 2022 substituted the further proviso to the definition of ‘contributed tax capital’ in section 1(1) of the Income Tax Act 58 of 1962 (Act). The further proviso had been inserted by the Taxation Laws Amendment Act 20 of 2021 and was scheduled to come into operation on 1 January 2023. This article explores the background to the provisos and how they operate in relation to CGT and dividends tax. 2024-02-26T22:00:00Z ea65db86-aec7-4e35-a619-5d34f9e3f023 https://www.webberwentzel.com//News/Pages/another-reminder-from-the-companies-and-intellectual-property-commission-on-beneficial-ownership-filings.aspx A second customer notice from the CIPC reminds companies to file the required beneficial ownership and beneficial interest information and notes that enforcement action may be taken against continuously non-compliant companies. 2024-02-25T22:00:00Z 6254a6b4-d91e-4133-8ff3-a45f53e307b0 https://www.webberwentzel.com//News/Pages/estate-duty-and-the-succeeding-usufruct.aspx This article examines a variation of the bare dominium/usufruct arrangement employed by estate planners to avoid estate duty. It involves the creation of a succeeding usufruct for a limited period after the death of the second-dying spouse who is the initial usufructuary. 2024-02-20T22:00:00Z 46d047cc-677e-4bf6-954b-55f735a3eec2 https://www.webberwentzel.com//News/Pages/godongwana-teetering-on-the-highwire.aspx Over the last few years there have been calls on the government to curtail its spending, prune its bloated cabinet, and stop bailing out badly managed state-owned entities. This year’s budget demonstrates that the government has heeded these calls. 2024-02-20T22:00:00Z 32c71027-d279-4edc-85e3-e5b2d068e013 https://www.webberwentzel.com//News/Pages/capital-reconciliations.aspx In its annual report for the year ending 31 March 2022 SARS indicated that it had undertaken 25 lifestyle audits with a value of R474,7 million. These audits involve mainly using capital reconciliations and third-party data and focus mainly on individuals who have access to luxury assets and extensive business relations. 2024-02-18T22:00:00Z e08037f1-cec9-4cf3-9fd1-87a10bfb76f7 https://www.webberwentzel.com//News/Pages/budget-2024-navigating-uncertainty-in-challenging-times.aspx Minister of Finance Enoch Godongwana will deliver the 2024 Budget Review to Parliament next week as the South African economy faces a gloomy economic outlook. The economy is still recovering from the impact of COVID-19 and state capture. 2024-02-18T22:00:00Z 71cc6f9c-acda-4158-9210-908923b39750 https://www.webberwentzel.com//News/Pages/navigating-tax-deductions-lessons-from-the-unitrans-holdings-case.aspx The Gauteng High Court recently dismissed the appeal of Unitrans Holdings (Unitrans) against the Tax Court judgment which had denied a tax deduction for interest incurred. The court found that the interest incurred was not closely connected to Unitrans’ business operations as an investment holding company and that the purpose of the interest was not to produce income but to further the interests of the subsidiaries. 2024-02-15T22:00:00Z ae447073-38ac-4f39-b29a-c787709825fd https://www.webberwentzel.com//News/Pages/the-case-for-building-whistleblower-confidence-to-enhance-occupational-health-and-safety.aspx The processes for reporting dangerous workplaces can significantly differ from one organisation to another. Notably, there seems to be a lack of consideration for an anonymous reporting mechanism, leaving individuals raising concerns vulnerable to potential identification by others within the organisation who may take issue with the report. 2024-02-12T22:00:00Z fb25e6af-cd19-492c-a814-e5fd930c7f4f https://www.webberwentzel.com//News/Pages/mass-dismissals-for-strike-misconduct-without-meeting-the-threshold-for-common-purpose.aspx Mass dismissals for strike misconduct without meeting the threshold for common purpose can be a complex legal matter that requires careful considerations of the specific circumstances, particularly in establishing a clear link between an individual's actions and the collective misconduct. 2024-02-11T22:00:00Z 2fc3a349-9d85-4cb8-9b25-4c684ea0ae2d https://www.webberwentzel.com//News/Pages/practical-insights-draft-regulations-on-proposed-sectoral-targets-open-for-public-comment.aspx On 1 February 2024, the Minister of Employment and Labour issued new draft regulations concerning sectoral targets (draft regulations), providing a 90-day window for interested parties to comment. 2024-02-05T22:00:00Z 68f97488-3a82-484b-85cf-a071484cef7c https://www.webberwentzel.com//News/Pages/part-4-a-closer-look-at-the-competition-commissions-draft-public-interest-guidelines.aspx The South African Competition Commission's Draft Public Interest Guidelines provide insights into the Commission's likely approach when performing its evaluation of each public interest factor listed in the Competition Act during merger proceedings. 2024-01-24T22:00:00Z c471940c-ea37-4218-9df3-5b5331db241a https://www.webberwentzel.com//News/Pages/latest-developments-in-south-african-immigration-visa-backlogs-and-extended-concessions.aspx Several immigration developments from the Department of Home Affairs (DHA) unfolded over the 2023 festive season. These include an extension of temporary concession for foreign nationals awaiting outcomes to their pending applications and granting extended exemptions for both Zimbabwe and Lesotho nationals. 2024-01-15T22:00:00Z a2675449-053f-4eb9-bc8c-e72549c99cbe 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 b1eb76cd-9202-492b-adb2-66877b2f2d98 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 44615e21-5e6d-4acc-ab23-2a2a01eacd7d 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 c84a39ef-e46c-49bf-a0ed-ea5bd7ab6246 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 d0bd404c-3180-4636-93d2-9f5819e46357 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 9a469655-0bbd-4e5c-90a5-6672afd75ecc 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 94b93d42-6fe1-44a9-a5c5-655c64760d4b 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 ac024675-38e5-448e-9137-d1e769717c9f 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 382f2335-9e9a-4564-bc1c-b4fe0699cab9 https://www.webberwentzel.com//News/Pages/Demystifying-debt-collection-A-clear-and-concise-explanation.aspx The colloquial “cash is king” is a testimony to the importance of a healthy cash flow in a business, and even though most business transactions are digital today, the concept still applies when debt collection comes into play. In fact, debt collection plays a crucial role in managing a business' finances as it helps recover the money that is rightfully owed to the company, which again maintains its financial stability. 2023-11-28T22:00:00Z e891f919-5ac7-43a8-a4a4-932d1c0d5284 https://www.webberwentzel.com//News/Pages/does-a-restraint-of-trade-agreement-survive-the-transfer-of-a-business.aspx In a recent judgment, the High Court had to determine whether a restraint agreement survives the transfer of a business. The Court concluded that it is a fact-specific enquiry that involves determining whether the benefit created by the restraint constituted a component of the goodwill transferred to the purchaser. 2023-11-27T22:00:00Z e2ff07ac-11ca-48df-825b-686622150d3b 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 3fe04660-c448-4b74-9019-760a7b20f3b8 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 0cbc2b9f-7401-4e2d-a812-8e1c64984b20 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 072bba1d-4b3a-47df-b342-24d1f050113f 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 7bb37160-d610-4fcc-8d5a-68bac46af1f6 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 13f5471e-9a94-4e0c-89d3-ae1387099dca 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 48874857-fba1-4d28-8637-68e4b450b25a 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 e5109057-afae-44bf-96e0-518a973bb726 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 d7ebeb34-ca3d-4c73-a9ae-73bbf821c2f1 https://www.webberwentzel.com//News/Pages/unpacking-south-africas-draft-strategy-to-combat-food-losses-and-waste.aspx South Africa’s draft strategy to combat food losses and waste proposes interventions such as prevention, education, partnerships, regulation and monitoring. 2023-10-04T22:00:00Z 54e01daf-0791-4ced-b9e7-d2fb160da04c 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 a433d054-4e87-4762-af1c-bf79331c8462 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 0ce2f18a-80fb-492b-9a71-05624ca7dda0 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 a8b87807-59dd-4582-bc7a-855ed7584c91 https://www.webberwentzel.com//News/Pages/inaccurate-fine-print-on-packaging-can-spell-trouble-for-food-producers.aspx Recent regulatory developments have tended to regulate food packaging more strictly, following international trends to hold producers, advertisers and retailers responsible for claims that entice consumers to purchase a product. 2023-08-07T22:00:00Z 5b5c4b45-fb03-46b8-9999-e1e3f483a00f 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 f6940eaa-cd24-4eda-b8a0-87d5899f37a4 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 924edb6a-db2e-4ea1-95a9-22a5a91b1dec 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 da75ac2f-abda-4114-ad39-e98f29506860 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 fbd9ea45-5b19-4388-8d01-bd9c923a05cb 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 24088b7e-b699-4749-8458-745ac25f79de 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 071793de-e1f3-40dd-a426-4da040fe1ef5 https://www.webberwentzel.com//News/Pages/regulations-on-food-labelling-and-advertising.aspx On 21 April 2023, the Minister of Health published the draft regulations relating to the Labelling and Advertising of Foodstuffs 2023-07-02T22:00:00Z 120670f3-fbf7-405b-a55d-de67cdae4445 https://www.webberwentzel.com//News/Pages/exchange-controls-in-africa-some-limitations-to-be-aware-of.aspx A country’s rules on exchange control and the accessibility of foreign exchange should be important considerations for those considering doing business in a new jurisdiction. 2023-06-29T22:00:00Z d6ab4eb4-2911-4485-9a5a-aacbb47ac640 https://www.webberwentzel.com//News/Pages/google-adwords-policy-amendment-trade-mark-owners-need-to-be-more-proactive.aspx On 8 June 2023, Google announced updates to its Google Ads Trade Mark Policy that will be effective on 24 July 2023. 2023-06-29T22:00:00Z b07bbc37-f674-4c9b-a001-ed2917ea9504 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 dee9e1d8-39bc-4073-8359-2be14a3532de 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 bab33c8d-8098-464f-a013-c35e9347d540 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 b2ee7cc2-ec4d-4de5-998f-92af7ec45440 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 a8faba64-ae19-4898-8d7a-dcc066e33688 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 fbd79e09-1ac2-46a0-932b-050f97540ebb 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 e281065c-78cc-4770-90bc-f7887801103f 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 b5b14c6c-ff7e-4c57-b3f9-4d86ced66daf 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 4e8e3d78-f4d2-4b0f-b3b2-64fe66ec681a 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 b2e0225d-6828-4685-b595-5b8f65431bf9 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 6dc12bea-320c-493a-aec5-8ef84c678864 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 1d622e81-19e8-4441-860f-e550e75972ae 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 b1eabe4b-8c4e-45db-86d8-9e44c16ed3d0 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 4d04ae06-a4fc-4c39-9add-c603c030a8c2 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 fd8b6a1d-d72a-4199-994c-e4d5153ef7ff 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 19bed555-c225-4306-8e94-ef3893fbc7b3 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 b64df182-56f8-48ea-812a-38f1f64021a4 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 8b95801a-0b53-4fd5-b75a-b24663bbef15 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 a736e684-eb0c-4cb9-ab09-48d6fd40f1ca 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 cd8f41f3-323c-4c36-8cf5-738f8e8aa49f 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 f3a1856a-60a4-48b8-bbe7-5489acb145c3 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 9ee1ea3e-adb7-49df-93f4-fb54ca3a8559 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 873ea814-7250-46b6-810e-cadb1b1165fe 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 d9f7b3ab-0a72-47e0-bfe2-ce77890fdb8b 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 5ca8b2d5-3b75-479d-9154-5749d6105230 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 303744ba-e59c-4ac9-8e11-46d6711edc6a 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 04988f48-4a60-4f09-b64a-ba1dfdc7545c 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 549916e3-768f-45e4-a52d-4b09cce69d85 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 23c087b9-76cd-45d0-b44b-457e8218c31c https://www.webberwentzel.com//News/Pages/making-esg-work-for-the-agricultural-sector.aspx Agribusinesses can maximise opportunities, including creating significant revenue generation to compliment the sector's existing sources of revenue, and promote resilience by adopting ESG strategies. 2023-03-29T22:00:00Z b8492052-e40f-47ac-bf33-766a598dbafc 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 7fd3c407-cef3-4e6e-8f13-0dbeb8fce971 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 20da62c7-7561-4a46-8718-50e624889a31 https://www.webberwentzel.com//News/Pages/stoking-the-toke-south-africa-cannabis-industry-needs-some-fire.aspx Progress on developing a South African cannabis industry has been inexplicably slow, which could cause the country to miss out on the potential for job creation and rural upliftment. 2023-03-28T22:00:00Z 1a84b0fd-5bfc-4be1-abd0-cbca4b880748 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 aab7b5ac-45ff-4369-91be-2ae144726caa 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 0b08ee62-87ac-4ba4-a5ab-e37d783b7dc7 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 6d220434-daef-4714-b7c8-e8b08cd6c6f3 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 7d2790e0-095e-49af-88c4-afb75f0318ad 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 2a134448-bb90-4b53-8046-034c6ad58f2b https://www.webberwentzel.com//News/Pages/new-accountable-institutions-must-register-with-the-fic.aspx Our Financial Regulation team recently prepared a client alert with details about entities that are deemed accountable institutions in terms of Schedule 1 of the Financial Intelligence Centre Act, 2001. 2023-03-05T22:00:00Z 923d0a42-e2a2-4da7-a46e-1968f1dafe1a 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 7f8ead4f-6e40-4818-b94d-6cbf584e632f 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 ae16acf8-5ece-41e4-9d99-38a1fb175edc 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 e4950b42-3077-4d40-9bbc-dcd96ba539b9 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 705b8dea-5ff4-486e-8d60-463322ac8e8e 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 ff95e6de-e1b0-499f-8026-f946f701213c 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 1481d9b8-63a6-4bbb-81f9-10ae5e4cdaea 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 ea08028c-74db-4fd4-adbb-c799d59351a4 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 265e6119-5d1d-439c-9f76-b2084d31625f 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 83dd9bbd-398a-4cd0-90cb-661174b7a310 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 4491f323-c813-40e5-89e4-c81584fad746 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 a947b2fa-d0fd-4d02-99b1-8fc0ac24ff6b 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 c8c2bdbd-acf7-41d8-a85c-eb0b3aa00da4 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 a6e4ad70-b93a-4d68-8f9c-f6412da12556 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 4b034a37-c688-40e2-ac8a-e2988fc462f6 https://www.webberwentzel.com//News/Pages/africa-needs-to-get-in-gear-to-host-global-motor-racing.aspx The Formula E event in Cape Town in 2023, and perhaps future Formula 1 events in South Africa, would stimulate infrastructure development, but also require coordination among a broad group of stakeholders. 2022-12-06T22:00:00Z beb6f3dd-b1e4-4622-889c-b731f9931548 https://www.webberwentzel.com//News/Pages/january-2023-deadline-to-register-intellectual-property-rights-with-the-kenyan-anti-counterfeit-authority-looms.aspx Businesses that export goods to Kenya, have until 1 January 2023 to register their Intellectual Property Rights (IPR) with the ACA. Failure to register will result in goods being stopped at the border as well as criminal and civil liability. 2022-12-05T22:00:00Z 76e61971-fc71-4e29-832b-9347b492bbfd 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 0a2278ca-2577-4093-85e3-fed25ec78f4a 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 4104be39-be19-44de-a523-86a79fd3ad8f 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 b0eced49-3424-49f6-a94e-14dc8e96bbab 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 e73f8c73-d4dc-4e76-b9c6-c3a25a4a37ca 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 3bf972d8-6d9c-48f9-bb05-ee794c384a2e 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 3cffa42d-a44a-4193-a41e-9ba80a88fcaa 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 7560cbb5-ca0b-449a-8958-131404855eda 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 38bbd1b4-03fa-4c6a-a5ff-094fdf3c760d 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 8b9288e5-6589-4300-8a86-66be9bd1db67 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 05328748-1dd0-485c-a220-3b1cd064a1bf 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 dedf9be9-b683-4fdc-9a7f-6f067f00be43 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 4373a899-5d42-4bb8-840f-a61ef61960f2 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 3686b1f0-42ce-490b-9807-3c0496c1a6be 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 5ad1cb67-54d4-483f-a64f-2fa826842fb9 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 823f88d3-0460-4672-95f3-224b70851768 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 39dbe8fb-009c-4c18-9f77-9499324c844c 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 9f04b999-00b4-4244-9a5b-e95f9a6a3672 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 e9cd72dc-9bc9-486c-add2-94f66a9eaedf 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 3931ebbf-b36a-4321-8fb0-41d1e3bb6f11 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 05467381-b002-4daa-8d27-117fa1155b30 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 8c578bdc-b863-44e8-8984-6f9c9d86499e 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 1db36ad3-edbd-420f-a2bf-032abdb6c345 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 389ba8a0-e59d-41b1-95c7-0735a6e079de 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 b80ce53d-cf9b-40c7-b428-8654e64fff3f 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 84657a65-34a1-481d-9247-f362c7e255a6 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 d7a4433c-6765-4988-80d8-8367d8a68b5f 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 9a3a7134-38c6-42d9-bfe0-cffd8fc6c09e 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 2d1186f8-a084-436c-a757-b37ed69db0e3 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 ef0e1e30-8173-4281-aa65-8afbe6219dfa 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 66781e40-0e44-47aa-941a-ef2d6b2f3162 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 367c3db7-1e89-4208-a2a8-52fb761c00b8 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 6668662a-5c1c-493a-bf8c-551121ad89da 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 e0f70e06-3e75-4366-9344-3a9b21bb48bb 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 d5f857a9-2f81-4ac8-96eb-19b13b3962d8 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 ef81b3a0-9cb6-4ccc-a8b8-f20037d68108 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 c9c9ea47-64e8-4f9c-86e8-d5b51d847024 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 f82e51c7-0782-45d8-8404-7b9840693815 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 58731d6d-e624-4804-b56d-32c17d9d652d 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 9dc6ee8e-fcd9-4d01-9e02-a6f2522b217b https://www.webberwentzel.com//News/Pages/consumers-enforce-their-rights-against-online-retailers.aspx A sharp increase in consumer complaints about online shopping in 2020-21 reflects many retailers’ inability to cope with the surge in demand during the Covid-19 pandemic. 2022-08-03T22:00:00Z 66581846-7359-45e5-a519-1f2a0e0d1deb 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 1ae62880-d5ca-4b90-b3ec-2c9f827dea81 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 d14046b9-48de-44b2-8d71-13d9250df42c 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 2b6ddf9d-8851-4504-bc00-6b1524a5eb5e 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 b6ff05da-147f-48f8-8946-64c21a221149 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 5a1686b3-82d0-478e-9e46-4a5ce7f32780 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 57dc640f-1e0e-4e05-9ca8-044bf9fbd33c 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 a92c7e43-8709-4007-8aa4-2570a1e8e7e5 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 2e06a165-c914-4e82-bb88-8166dab8d1c0 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 3162acdd-e4b2-4a31-ac59-3bcaae95274b 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 867b9e2e-df2b-4bbf-899f-f6581934c698 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 2696f55a-bbfb-4c3e-b940-d4c013ccec35 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 dca9d1f9-8c0c-4fe9-a79f-bcf211ae6e5a 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 5960ffce-89f7-445b-942f-0d48f41b5b71 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 ff876b8e-da49-4e61-9a13-009ee30a1e59 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 a4fb573f-5fea-4108-83f6-49b5065ef712 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 38975091-d8e1-4cc5-8190-320d3dd38cca 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 96979aeb-1aff-462d-a93e-2ef116353642 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 ab1089ed-7112-4e10-a885-39a4639e1335 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 72c39270-6c4d-4c09-b93d-62ce80704c99 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 483431aa-e655-4fb7-8005-16ae205ffebd 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 79f91d90-b898-4eaa-b5d1-a7eccd770d9d 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 5558c397-13c6-4d08-b38b-7619986191b4 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 6a662239-9ba9-4f6b-b4c1-fe69aa331716 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 65b1e91a-2c64-44d3-8486-8fd01a58cbc2 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 8f4f99cc-05f0-442c-a3bf-9a872920cb7c 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 b15002e3-2e9a-40f8-97f8-f13cb9f38774 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 6b5dbbc2-f32b-414c-b855-245de56e02bc 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 3d951d98-fd89-4520-9165-f40516f96ed2 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 1173b70f-0b29-4e3e-b95b-05cbb1402267 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 b2e10bdf-0a5a-4831-af30-b7cae9f66224 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 9211e20b-222f-445e-84e0-78aa58c88e45 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 b905026a-30fc-47db-a78f-e3c79dd36de3 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 4dbdcbbc-0567-44c5-9530-4b1d71940e32 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 918b3894-f3d4-457e-a288-8e34174622d4 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 a85a6c49-4c3c-4b51-8313-a11578413a8d 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 b9764115-493b-4cb7-8158-8b4aab2305bc 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 cef103a0-66b5-47d5-ae41-7b39fce57862 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 989c9f84-2ea7-4191-beb6-c57538046bc6 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 a221b071-5cd7-4744-85d6-b7fbd99f2de4 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 bf502311-4bc5-41e8-bdaa-30fca3d59fee 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 aa3287cc-4fa7-4dbd-9a08-aa1feaf4643f 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 ae4282ba-0e1e-48fe-9688-0075068ab8be 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 74850fbe-ed5a-4d3f-ae9c-366c3ee1f02f 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 af693183-abe9-413a-b369-b16422eabf92 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 c0a67f79-1bf2-4ca3-9230-116b4151749f 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 3ae9f550-a896-4bcb-820c-9c6dfbe6c366 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 1db2a84d-66b8-4563-8af3-5ac393b4671b https://www.webberwentzel.com//News/Pages/food-safety-in-south-africa-and-the-need-for-an-appointed-Regulator.aspx Plans to create a food safety regulatory authority would benefit both consumers and the food and beverage industry, by reducing costs of compliance and strengthening confidence in food products 2021-07-05T22:00:00Z 1e140cca-2cf2-4648-90f9-1e6ae4f6f6b6 https://www.webberwentzel.com//News/Pages/rooibos-red-bush-joins-champagne-irish-whiskey-and-other-iconic-products-already-registered-by-the-european-commission.aspx The European Commission has included Rooibos/Red Bush on its register of protected designations of origin, which will help consumers to distinguish the genuine article grown in the Cederberg 2021-06-09T22:00:00Z 6b513303-5e66-4df2-a336-497a4c68bfde 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 5a14d173-80ef-44be-83be-aa5411124a07 https://www.webberwentzel.com//News/Pages/covid-19-and-the-consumer-sector-one-year-on.aspx The economic consequences of Covid-19 are continuing to be felt in the form of changed shopping patterns and lifestyles, but also faster innovation and technology adoption 2021-05-16T22:00:00Z 04e6886c-a52e-4efe-bf65-0e1bdd94e9dc https://www.webberwentzel.com//News/Pages/brand-owners-manufactures-importers-retailers-beware.aspx On 5 May 2021 the Regulations Regarding Extended Producer Responsibility (EPR Regs) came into force under the Waste Act. On the same day, the second round of amendments to the EPR Regs were finally published after extensive consultation with the affected sectors. 2021-05-05T22:00:00Z e068bf10-607c-46b9-81b2-eef3668a1c50 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