https://www.webberwentzel.com//Pages/RSS-Feeds.aspx Webber Wentzel feed en-us Copyright 2020 Sun, 16 Aug 2026 19:09:12 +0200 Sample Code http://server/image.jpg https://www.webberwentzel.com//Pages/RSS-Feeds.aspx 495034bb-466d-4294-b0bf-a2e381b5d346 fadb9f05-9c54-430f-8e63-8a1b3340245c 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 200ef1c9-ddab-40ac-8428-b8ba5a68fc62 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 6de1f795-0cd3-4702-a97c-d2f4bf7ffe67 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 de3ad644-db9a-47f9-aa91-80c8e1dd44da 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 9d368e8b-9c2e-493f-b8a2-bb9c10540dc1 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 4f9b41e0-436c-49eb-bc31-a6e4ca7c0340 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 acc973d2-ca10-4c36-9c56-ecbc6441e8a7 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 6835cda7-1258-4b53-9621-475db8f52f77 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 0217cdde-223f-4b88-885f-0c1eacfa330f 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 ea375f09-5c72-43ce-b36f-e54bdc5b302f 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 a14de0e8-42e1-4284-b3ae-b9e8a4579819 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 1d063172-1502-4d09-80b0-d1f8e8cccd18 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 5e2d885c-324c-4fc7-8143-bff6ec322807 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 598a0c12-ae16-4035-a634-8ef6f657e911 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 2708a20e-fc46-41df-8b17-400bcc1f7d3b 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 ab6ed1d1-1a6e-4894-a096-811f41c55c18 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 0b43022c-f08d-4fa0-8318-5017efecec5f 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 e6090c9d-104b-4b04-a234-82e9d6b49417 https://www.webberwentzel.com//News/Pages/building-trust-and-resilience-how-insurers-can-anchor-consumers-in-a-changing-risk-landscape.aspx The South African insurance industry has demonstrated remarkable resilience over the past few years, despite a challenging economy and a changing risk landscape. The frequency and severity of climate- and weather-related events place increasing pressure on underwriting, claims and reinsurance costs. 2026-01-28T22:00:00Z d2143d81-35ff-400f-9b9d-8293cb64f27d 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 6472c8a9-e588-4f7e-b0b0-6351a7871be9 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 a109d08d-df0d-4beb-8de8-09ca3aebdbfe 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 aae27fde-4db6-449c-8f66-102c0bde288b 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 7b253267-daa2-40d5-9b07-4e1bfbb7eeea 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 8572440e-89c3-402a-bcb0-34a4e46d9196 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 94c98d13-9e61-49e0-9f8c-699142b4d4cb https://www.webberwentzel.com//News/Pages/adaptive-re-use-legal-challenges-and-opportunities.aspx Adaptive reuse represents a transformative approach to property development that addresses both economic and environmental imperatives in South Africa's built environment. 2025-11-12T22:00:00Z bd750a50-cd7d-4545-8b53-0712e29de0a9 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 8ee97e81-e825-455a-9ac5-0321e56b1240 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 4b4c1125-5d22-48ec-972e-1ddddf5522e0 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 d773a12a-d132-4d99-81cb-e06a277d3aab 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 1a6c0c4b-1e1d-406b-82da-0bb26e803fa7 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 afb29a0f-90b1-47bd-8820-0d083388979a 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 67de2860-565f-4ce4-bb5a-769a36c63fdc https://www.webberwentzel.com//News/Pages/ai-in-hospitality-navigating-the-enhancement-revolution.aspx The hospitality market is experiencing unprecedented growth in artificial intelligence (AI) investment, reflecting the industry's recognition that AI offers substantial opportunities to enhance guest experiences and operational efficiency. 2025-10-13T22:00:00Z fdd3802b-611b-42bb-81c0-38c1d6ee289e https://www.webberwentzel.com//News/Pages/a-critical-overview-of-the-sharing-economy-through-the-short-term-rental-regulatory-landscape.aspx Short-term rentals have become a topical and sometimes contentious issue in South Africa, particularly in the City of Cape Town. Media reports show that the number of listings in the Mother City exceeds many international cities, such as San Francisco and Sydney. 2025-10-02T22:00:00Z 32bc2e61-1f1e-41ff-a866-f6eab20cfffc 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 3c83dd83-0d2d-40b0-8a44-a2cd5126f928 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 93730ce9-541d-4c68-b688-985d6f87e922 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 f988d336-aa08-4f73-9d12-8408bf9b88b9 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 4afd18c9-df5a-493d-8a5c-4afc34e4a2ac 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 0c48cae3-5546-4d7e-b5c6-7f3a5379587f 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 0c369c65-e28f-43ac-a772-261313c19e72 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 a6d8690a-a4a3-4686-b1ad-9bb546eb7495 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 90736f61-30c7-4f1b-a678-0a593c3c6f77 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 ea7a5022-a3a7-4e7e-94d6-6aa27b9f8a0e 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 aaa79473-0a9a-4086-b589-796ed4039fe7 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 c9878ad3-079a-43c8-88b8-d647e0ff85f2 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 ef8ce851-4d32-45a4-9e1a-ea42aa98e79f 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 10df0c88-52eb-4bd4-8ebe-2c2746557f73 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 59504616-1611-4db9-b3dd-0f9f88a18a1d 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 d3d99f76-59a3-46dd-aa59-7df39b372801 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 2f3ac36a-9d75-4c7d-a2ea-9e4c239740cf 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 0ce90c6e-f1ba-49a0-8132-bf0f0b44712e 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 41a6f4f0-858f-4450-8c49-bcfa9d5be429 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 1bc851ab-2b08-4d44-8d6c-28895d727ef1 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 949525cc-46d4-467d-8807-0a12997fd90b 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 76bc9505-933d-4c8d-a804-c1de30e3e026 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 fc522bdf-3dbd-4f01-830a-d54e4f02a46e 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 57c568ec-a9f7-4d82-8257-c135c6a0b5dd 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 902ba026-9e97-462d-b96f-17bc72f19b4f 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 527e35af-f1a9-46df-9ad2-ff6c53cb865e 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 e75983c7-b83b-45ae-b38f-de006f0cf831 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 1181bf99-253b-4f64-92c6-5951c2882bc7 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 063f6441-dac5-4188-9a6a-9cd880233754 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 9c4f64dd-a618-4cf3-81e5-213e74ae16ce 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 2c407269-c0ae-4a53-83ac-a6c40e44c75a 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 c338dae7-d7b7-4129-8491-90598b4db7c5 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 ef1ad472-9abf-46ba-afc2-6176fd8f46d4 https://www.webberwentzel.com//News/Pages/a-guide-to-some-key-risks-wellness-tourism-operators-should-be-mindful-of.aspx The global wellness tourism sector is among the fastest growing worldwide. According to the Global Wellness Institute, which defines wellness tourism as travel tourism that seeks to improve or maintain a person’s well-being, the industry was worth USD 651 billion in 2022 and is projected to be worth USD 1,4 trillion by 2027. 2024-12-10T22:00:00Z a8bf2286-3d92-48e0-b150-48a2d84dc70a https://www.webberwentzel.com//News/Pages/formula-one-racing-ready-to-make-a-pit-stop-in-south-africa.aspx Rumours are rife that South Africa's iconic Kyalami Grand Prix Circuit could be gearing up to host Formula 1 racing again. Kyalami hosted its first race in 1961 before it fell off the Formula 1 calendar in 1993, and Africa has not been a host to another race since then. 2024-12-09T22:00:00Z ef73e21e-f81e-497c-9f37-d47fd93b5e34 https://www.webberwentzel.com//News/Pages/striking-a-balance-between-performance-and-protection-wearable-technologies-in-sports.aspx The global sports industry is worth over USD 400 billion. Athletes and players who compete at a professional level often perform under conditions of stress, overexertion and overtraining. To optimise their physical performance, the industry has adopted various technologies. 2024-11-21T22:00:00Z 3a858397-f530-4262-9b71-dcbf0e4dbade https://www.webberwentzel.com//News/Pages/south-african-sport-can-benefit-from-private-equity-through-due-diligence-and-preparation.aspx Private equity (PE) transactions in the sporting world have recently caught the public’s attention. Numerous news reports have noted how several key parties have raised objections to the proposed transaction between SA Rugby and Ackerley Sports Group, with the Springbok brand at the centre of discussions. 2024-11-20T22:00:00Z db4bafec-2ae9-4050-a3f9-61cab00d4301 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 d97e9685-1a67-40ab-8584-6b80024a6dc5 https://www.webberwentzel.com//News/Pages/protecting-ip-in-south-african-esports-a-strategic-approach-to-sponsorship.aspx Esports is a rapidly growing industry in South Africa, with the sector expected to reach ZAR 3 billion in revenue by 2030 and a compounded annual growth rate of 29.5% between 2024 and 2030 . These statistics indicate that South Africa contributes approximately 1.2% of global revenue to the sector, establishing it as the market leader in Africa. 2024-11-20T22:00:00Z c7306aed-5c3c-4c9e-b43b-4de42f0bd0cf 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 6c085857-0e1e-4388-bd6a-b166f766c461 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 626d8b34-8013-4a40-80e0-0a9bebb3b94d 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 4885ffdd-abd5-4aca-8465-552af5c95bce https://www.webberwentzel.com//News/Pages/how-to-wander-responsibly-sustainable-tourism-practices-and-legal-compliance-in-south-africa.aspx As the tourism world continues to expand, sustainable tourism is no longer optional but a necessity. Tourists are urged to assess their travels' ecological impact on the various countries they visit. Similarly, countries have to ensure that their policies and legal frameworks are robust enough to withstand the booming tourism industry. 2024-08-19T22:00:00Z 1a643ea5-ffba-45e4-a353-1c1227bfcf58 https://www.webberwentzel.com//News/Pages/chasing-fair-play-south-africa-s-bold-leap-with-new-anti-doping-legislation.aspx During the 2023 Rugby World Cup, the World Anti-Doping Agency (WADA) sanctioned South Africa for failing to comply with the 2021 Code, but these sanctions were suspended pending a decision by the Court of Arbitration for Sport (CAS). 2024-08-18T22:00:00Z fbc2130d-2cd4-4d0c-a568-988926dca700 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 e26e63d6-c367-4769-98f9-ceb50e365983 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 c86b3062-9306-4687-98d5-3c69f9a5d456 https://www.webberwentzel.com//News/Pages/privacy-check-in-popia-pitfalls-in-the-hospitality-industry.aspx South Africa's hospitality industry is seeing a shift from traditional leisure-based tourism to experience-based tourism, focused on providing tourists with unique, authentic life-enriching experiences. 2024-07-18T22:00:00Z 1cf6bbd9-8043-4654-bb30-bdbe219f12b9 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 0ad721c2-7b61-4509-aafa-5c564bff0f03 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 c8fffb8d-20e0-4e1f-933e-3d28a4cdf077 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 edb85af7-1f00-4e87-bd8f-2a4a39ef95b3 https://www.webberwentzel.com//News/Pages/commercial-and-legal-developments-in-south-africas-hospitality-leisure-and-sports-industries.aspx In 2023, South Africa's hospitality, leisure, and sports industries experienced significant commercial and legal developments. 2024-05-07T22:00:00Z 9cdc2702-b33f-4d2a-b352-aa5f096c0bec https://www.webberwentzel.com//News/Pages/opportunities-and-challenges-of-ai-in-the-hospitality-sector.aspx Global tourism has begun surpassing its pre-COVID peak. South Africa remains a popular tourist destination with the hospitality sector contributing significantly to its gross domestic product (GDP). 2024-05-01T22:00:00Z 985f9bc4-8fed-45ea-9cbe-913c12ef7c12 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 86ffa4cf-2ad6-401d-84e5-5763942dda6a 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 5938d227-d7fc-4e01-99ad-5b204e7daa21 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 95fcc3a0-c820-4031-94d6-6ebb9ab5bc07 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 155f53aa-9d65-4334-a77f-642e87476f88 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 9f28bba3-2f6f-4448-9c5f-12ce0db8b3c2 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 b0a81e8b-6100-4ff4-b582-3ffd42933d4b 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 3bce1919-54f7-409b-8e34-8b2288e954d1 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 d89c2bbb-afd4-44e8-a3df-b63537f23060 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 2498c6ef-d0f7-438f-b487-d33c6c9c0230 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 907f44ee-eb3c-4ba2-a3c1-071194019724 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 3551baa1-a7eb-4308-8bfc-6ee87b599fcc 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 d10f734c-595e-4fb0-9bc1-b7a32e33a09a 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 8a1f38de-4a0b-4e8b-a09e-0a6afa336799 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 2ce2f403-751e-42ed-9600-210a2cd13f5a 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 9edc0404-4702-4858-9c22-053ae750ccc3 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 f4020dc9-e49e-465d-a618-f56b7dbe54d4 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 56650bd1-1d83-4d73-9f15-0c49098827a4 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 3f2961e5-9893-40d2-8623-81b138a312b9 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 2f4a374d-69aa-40b5-873a-41a07d0c32ba 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 0f8fd843-dc59-4acc-809d-f9bce0e23ea0 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 93ebd6d9-5c34-458c-99fd-cf57a4a49b54 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 134d2cef-965b-4036-9c44-bec11e4b0291 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 98b275b6-f3d5-4ea8-8ae3-808f07a54ed3 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 c81b827a-1cdc-44d7-ae04-63c9a93f7167 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 318af16f-6948-4242-8184-02a5d7a90059 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 524bacb2-1fec-4c56-a6b7-e43ecbf0f460 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 484b4ad2-2087-4b47-8cb6-2cfb49df5c58 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 9fde494a-ff69-46e6-b073-284d91224a40 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 d4d030ee-bf00-486a-a658-4c619a301c84 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 179fa0f7-450d-4946-a56e-ce8b7755db99 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 950dd553-dc50-417c-8ce1-572afffc19b5 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 817b88e7-e67a-4908-9a24-7c15716be743 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 d1eca76e-ea2f-4bee-8021-821ebc87613b 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 933b99b1-a62e-405b-bd09-c3d8691adadb 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 30dd874b-d124-4469-9ecf-6919f27509d0 https://www.webberwentzel.com//News/Pages/south-africa-dropped-the-ball-on-anti-doping-the-current-state-of-play.aspx The World Anti-Doping Agency has imposed sanctions on South Africa for non-compliance with the 2021 Code, but sanctions are suspended at least until a decision is made by the Court of Arbitration for Sport. 2023-10-11T22:00:00Z 126532e1-d8ce-4b58-a844-3b928322520a 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 ea021ab5-54c6-4c8c-b6b9-ee643dd21163 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 279a8cfb-3041-440e-9847-e4dcbc73d8ac 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 9633cf5a-9f13-49d3-9047-b2565438256c 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 2e668325-af7e-4f29-9007-b9ed8258bd87 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 5b652da1-7fa2-4857-8370-393c6795b124 https://www.webberwentzel.com//News/Pages/women-in-sport-extensive-action-needed-to-support-policy-considerations.aspx The recently-published Draft Policy on Women in Sport identifies a number of barriers to women entering and excelling in sports but fails to propose any concrete actions to tackle these issues. 2023-08-23T22:00:00Z 366953c1-0e8d-4c14-b5a3-4b4c1d03bfa8 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 059404b2-6970-4750-b4b8-b3f4d1fa11f5 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 582dfa70-99c5-45d8-a5cc-03dc624f7759 https://www.webberwentzel.com//News/Pages/transformation-in-the-sports-industry-takes-effect-from-many-angles.aspx The recent demotion of the Western Province Under-16 rugby team from play because it failed to meet transformation targets highlights the importance of maintaining equitable representation in sports and the workplace. 2023-07-18T22:00:00Z 9e715884-bf58-4fca-847c-e02f1fceb36f 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 b8a6dcd7-8136-4715-8ba3-184d2205ecbe 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 1e99b19c-73f4-4e53-98f7-6bbe2ce5c09d 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 9b632913-1b32-4f59-88e5-9295a75cb9f3 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 bb1b5b35-d6a5-4b7c-85c5-7da663661599 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 894bae06-741b-45c3-9b19-ab72f1d1aea0 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 c8f183ae-7f4f-433b-b55b-39d64186ab9e 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 e5b685b2-4d76-48d6-aa7d-b75ad1cfbeab 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 4732c26b-5948-4a6d-8ce9-291369248457 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 349d6e93-0cb9-43d0-8074-16c93ebcf19a 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 29b7c853-fb2e-4e97-a22e-7e98cb4297bc 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 3673b994-d0fc-4002-b627-e258a302673d 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 dfbf6f1d-41ac-40c4-ad9c-7d1f5812f9ee 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 5dcdb085-ef88-4fc5-9ac1-ef0660ab4d38 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 0d7339e2-0aba-4f93-8702-2b91207b42f4 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 5d24a9e7-2717-4927-98b9-c2346e5e0cc2 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 d2f7ef66-f811-4f92-b296-2de15aec2311 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 9b79063e-0a52-4f8f-b924-209682c7414a 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 b2ac327a-d96c-4dea-9a36-780e4939142f 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 fcef5c1d-3529-4074-9aff-8efd3fef39b6 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 d87393c8-9079-4902-ad21-695d30a76771 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 31a19ac4-7e66-4116-8165-12eeb6aec8d9 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 dc0ac9ac-4b8f-43fb-b84e-2a942ca7ea98 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 c56a6daa-261b-480b-8d17-dcc7e8d369b6 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 f7040420-c686-4b9f-b117-96a5c3c7b0d6 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 50bb8a54-bdf9-4268-a2a1-5bfd7f8389d7 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 a8006e90-2476-46ab-8929-4859c64ad224 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 9bb43d4d-2f24-4ed1-a5d1-d71da820fa7b 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 cb29abdf-e501-4f29-a031-6bf0660a3ada 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 79bf1f1d-2f82-430d-8c1a-bfd4479a94ca 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 b5e35ee2-5824-4d11-978b-76720f6f012c 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 219b8470-1324-4385-b4ae-3a22f3798ea2 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 2349009d-f0a2-4039-a6d0-76f86da3b3dd 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 e0063006-8b93-4ca7-a6cb-c07f467f4059 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 e547e1a0-00c7-4318-904f-64f632f1ffc5 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 3741aca8-ee63-495d-a096-57be4be96c8b 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 8aee793b-22d5-4f97-a523-08bb454863a2 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 651816ab-e6f6-4e2e-9b6f-40682083d201 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 7eb7caab-b32c-4663-ac8d-be5a7098b1fd 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 5acdcba4-82d3-4eff-8918-3b968a508850 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 d7d33343-769c-4a59-934b-fc28ec47ed38 https://www.webberwentzel.com//News/Pages/the-impact-of-greylisting-on-south-africa-hospitality-and-leisure-sector.aspx South Africa has experienced a seasonal boom in its hospitality and leisure sector, with the Western Cape being the primary beneficiary. 2023-03-07T22:00:00Z cc5bcb33-292e-40f6-9599-d1087cebfd1f 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 7cc4007f-f37d-450b-b343-1e88aeafd9f3 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 0f9f8a87-250c-4f0b-a113-7db3f0c5d5d1 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 6e57de58-0881-4f26-9054-379313071629 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 8a6bb989-727e-45eb-b5a0-86bfd458cd93 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 006f3c6b-c9bb-48e7-b5a4-37734f37cb3d 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 5a1593ed-48df-4c6c-939e-07c29e064209 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 09cd4b1b-e7eb-44ea-9554-5bde47792ee1 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 98133615-bd73-4980-88e1-849ae471eeaa 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 7d0ff874-acff-4c20-a69e-b15812a14dc6 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 7017a21f-5131-4455-a931-d2cdc6325400 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 57bed3c8-4596-437d-b2e2-344dc415f7fc 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 c84927e7-7241-4aee-87e8-fa9e3759014f 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 86de6f40-c3d9-4af0-ae75-0ffc00fa246b 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 c5014a15-76e5-4552-9525-ff5d25a3c3ca 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 c230b919-6278-4095-bec7-cd08ea0fba70 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 28e9c0e9-e06e-47e8-a1b3-282f0499f2a0 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 7f9cc5f9-f4e1-4c8a-8f28-84e968f9d47f https://www.webberwentzel.com//News/Pages/esg-focused-procurement-in-the-hospitality-and-leisure-sector.aspx ESG compliance offers the hospitality and leisure sector in South Africa much-needed, low-cost credentials as an additional competitive advantage, in a tight market. 2022-11-24T22:00:00Z a71081c1-d3a3-4771-9013-17bc94fd82a2 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 aa4ef5a1-265f-4587-8392-674ff951a5ef 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 1a2d890e-f5b0-45f1-80bf-03d3f9a9044f 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 a8e5e74a-51da-49ff-ad9f-2894b9fc2604 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 a0a8c1b5-ec10-4cf7-a191-7c4d43e8277b 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 b0ce7a4c-cc28-4b4c-9ed4-6c7a5879fc21 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 eba3eebc-c4b8-4c8a-ac42-c144ec32b3be 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 833008fe-439c-4caf-bf00-28908eea8db6 https://www.webberwentzel.com//News/Pages/ster-kinekor-successfully-exits-business-rescue-with-webber-wentzel-at-its-side.aspx Webber Wentzel assisted and advised Ernst & Young's Stefan Smyth (business rescue practitioner) on a ZAR 250 million business rescue matter involving the refinancing and restructuring of Ster Kinekor's debt and the 100% purchasing of the Ster Kinekor shares by Blantyre Capital Limited and Greenpoint Specialised Lending. 2022-11-14T22:00:00Z 0490f8f3-a0fc-4a89-9fca-0ec7317cf03a 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 33b3366a-1afe-4779-9df0-1d92c6fda982 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 25170c3b-a185-4337-bd1c-b379ea104ccb 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 b1593dd6-06b4-4041-935a-3eb7bf5193a3 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 7636a060-1cff-447f-8d9f-ec01ea04daa5 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 abe174b6-cbb4-4f49-9f69-8b0473503b69 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 41fd19a2-f0a6-4fba-b3f4-f44389a812ad 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 d228436c-2ac5-432b-a331-fb957f77c681 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 55a2f80f-0268-4f07-82f0-f3e4412bb698 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 0eda0ed5-c3cf-4590-a9b0-d5fc6295cd42 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 3e634609-5234-4e6c-920a-7432d3e442f5 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 0c5085df-5750-4f1c-b33d-5844a799431c 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 ffe644c4-8ffb-48f2-b6e2-595d54223206 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 70aa148e-e702-458c-9866-d9a2720c9a46 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 a218424c-b3be-4c2f-a077-7fbfae4b2b72 https://www.webberwentzel.com//News/Pages/wholesale-retail-and-hospitality-sector-employers-reminder-of-blitz-compliance-inspections-this-week.aspx The Gauteng Inspectorate and Enforcement Services will be conducting a mega blitz this week to check if employers in the wholesale, retail and hospitality sectors are complying with legislation 2022-09-25T22:00:00Z 21c14eeb-49db-4d53-8988-c5422501c5d0 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 00b5cddd-7239-4d58-8d60-8b827f4460f7 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 aafd208c-e475-4dee-af5c-10549865bdeb 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 3dc215de-6e1f-40b4-ac32-ca1c03da9e0b 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 74c8a4b3-1c84-4395-8733-6c13f3c00e73 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 b60664ce-bf07-4207-9b4e-af9f7aed21b2 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 1610c06b-e246-4793-aa36-22ca4c4ab0d7 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 3d898892-a3cf-4217-a8f3-29c1bdbbcb00 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 6720ec95-97f8-4f18-959d-c9e6521791d5 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 43a229cc-52fa-4fa1-b397-61dea96611d9 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 44bcdad4-c6ad-4203-a12e-98ac887f06e5 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 287f5155-d0bf-4c13-a1d1-76c5b1b5b61f 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 3ed3184d-de89-40ba-81ec-46e275d97635 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 d4caac96-b01a-4749-8e5b-28695e3eaab6 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 128b926b-47fd-422e-a64a-2b9bc2d8ab1c 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 02a504a7-edaf-4ffa-995c-e13cd56c9190 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 ae9e73d1-5d66-4153-8afc-b042ff36f7cc 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 8812a236-1cf5-416e-a2e3-ea17873d0532 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 00f82d1c-9383-4781-8aa0-ca95859dabf9 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 a5a8b39e-9028-4f5a-9255-767a224d6eec 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 9b5020c4-bc2a-47b3-9155-4bcc57147a81 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 8a80eba9-40db-4f40-8c7e-8c8ac69b76b3 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 357ab844-3031-4ed2-a915-f25774201d2c 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 656add1a-c521-4b4b-87c2-813863f9fc7c 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 1204b5a4-d4b1-4233-b399-da6f9e96d5e3 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 24f6f579-ff71-4544-a971-c8ca4d5392ed 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 359f2b98-a05a-46ff-aa8e-9283bd8aaf8b 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 319a2419-8844-4f07-8017-f918812ac09b 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 7e04f146-1c8c-49e1-8bde-2fb58400a37d 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 3e75d3f2-7128-45ad-a8fb-8309f48f0225 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 a16b923a-e13c-4ffa-92eb-dd480b126878 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 476ecb4d-71e6-4033-8e41-2f5fa9489f01 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 cc180478-5395-4ffb-889e-d01b5c3c1b11 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 49516800-331c-4e0f-86d8-017d37b1aa37 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 2f32b233-05ad-4059-9c0d-0f2cb7d8127a 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 45b486e7-f9ce-437a-85b2-d671717339b5 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 242c66c8-4046-4c6b-b6fc-638f4e8738c4 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 eff2b1c9-8975-425c-924b-8500bb0efa07 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 e7976eb5-e159-4f14-8ee1-8e7f7ee2fdc4 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 c0ed51c7-ef04-4efa-a6e6-3fc563461980 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 3c209b1a-9c76-42bf-9bbe-57df2cc369a3 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 e0a2927b-17ce-4448-9e2a-14aa2517929d 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 120037c4-7c58-4ad1-8b58-618783c4f342 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 17c2ba16-2483-4ace-a596-5e5964e5eb6e 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 9ae7e487-a01c-48c9-8599-1627aab54714 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 e17b7415-4c5b-4ae2-9399-5159f7bd894c 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 2bb236dc-2341-4895-97fc-a02fc497f46a 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 444c1b65-c2ae-4a05-9b3e-f3ec3fdbeb58 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 7b45e51f-5d76-4e24-81c1-c77afea3461e 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 3c08cbfd-f208-4303-b975-a2bb783c9f9a 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 5a903e0d-2909-4506-9056-2b8e6c97fa83 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 a36f6a5d-b7b3-44e2-8fc8-29ff8c4b4e4b 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 83f2f127-e258-4dbb-9323-9a4aed408bd8 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 1a068940-820c-41ec-a60e-e1ee6a524c7e 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 a4147aeb-bcaa-4df3-b6d4-9f5ede83f81c 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 f9a06b8a-c799-4017-b075-db0a851fea78 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 38a43a0b-cec5-48dc-89f7-81f97280d28a https://www.webberwentzel.com//News/Pages/can-an-external-company-be-wound-up-in-sa-an-update.aspx A relevant ruling in the Steinhoff case gives welcome clarity on the status of insolvent external companies in South Africa 2022-04-19T22:00:00Z a1525742-6a3b-44e2-9c34-8a21454ebc70 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 a4543c69-ea26-43b9-8b31-1545294c3076 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 ee9e3467-a6c3-4d78-bf33-03b9e2d15d43 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 eac177e1-b482-4e8c-a4ab-f86592fb98cd 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 c51304b3-000a-4de0-ae1c-87f88fa6d294 https://www.webberwentzel.com//News/Pages/22-legal-developments-for-businesses-to-monitor-in-2022.aspx We have collated a snapshot of key themes to track in 2022 and of 22 legal developments for the year which you will need to keep a tab on. In 2022, various legal developments are expected to have an impact on businesses, particularly in the fields of liability, ESG, digital and economic transformation. 2022-03-22T22:00:00Z 866427de-a092-4d21-9f8a-94bcb4bd31cc https://www.webberwentzel.com//News/Pages/sa-procurement-regulatory-regime-finds-itself-in-muddy-waters.aspx Regulatory uncertainty abounds in the procurement space after the recent Constitutional Court judgment upholding the Supreme Court of Appeal's decision to invalidate the 2017 Preferential Procurement Regulations. 2022-03-21T22:00:00Z 5a47fe90-d438-4cf3-aedf-d20391a81200 https://www.webberwentzel.com//News/Pages/sars-vision-2024-greater-efficiency-in-collections-but-questions-remain.aspx SARS plans to implement Vision 2024 with the objective of collecting taxes from individuals on a real-time monthly basis, but a number of practical issues need to be addressed. 2022-03-21T22:00:00Z 5b166d14-ea88-4589-9212-783bac0146de https://www.webberwentzel.com//News/Pages/managing-covid-19-after-the-national-state-of-disaster.aspx A new Code of Practice has been issued to guide employers on measures that need to be taken in the workplace to contain Covid-19 infections, once the National State of Disaster ends. 2022-03-15T22:00:00Z 7f50c36c-dbbb-484b-943d-27134356cae2 https://www.webberwentzel.com//News/Pages/eu-proposed-directive-for-corporate-sustainability-due-diligence-unpacking-the-impact-for-sa-businesses.aspx The European Union (EU) published a proposed Directive on Corporate Sustainability Due Diligence ahead of sustainability becoming a legislated feature in the global economy. This EU proposal may affect South African businesses. 2022-03-14T22:00:00Z 02b7579c-1c68-4692-a6a5-ceaa49473346 https://www.webberwentzel.com//News/Pages/you-are-not-entering-at-own-risk-covid-19-admission-policies-the-labour-court-weighs-in.aspx A recent Labour Court judgment has upheld an employer’s right to require employees to have a Covid-19 vaccination or provide a weekly negative test if they decline to be vaccinated, but it leaves several important questions unanswered. 2022-03-14T22:00:00Z f600fd34-8855-4506-ac06-8afe30fdf247 https://www.webberwentzel.com//News/Pages/strike-interdicts-identify-the-oaks-the-highest-court-finds.aspx A recent decision by the Constitutional Court has important implications for employers in relation to seeking final interdictory relief in a strike marred with unlawful conduct. 2022-03-09T22:00:00Z e72d8877-8202-4477-9a10-a5ae7c27ae52 https://www.webberwentzel.com//News/Pages/esg-its-not-just-business-its-personal.aspx A greater emphasis is being placed on the human rights obligations of businesses than before, with likely moves towards binding treaties. 2022-03-07T22:00:00Z 89fed5f8-ac35-41db-a933-01ebe6c804c3 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 4f555209-c856-49a6-923b-26a2a7e19295 https://www.webberwentzel.com//News/Pages/covid-19-organisations-and-their-donors-are-in-sars-cross-hairs.aspx SARS appears to be reviewing the tax deductibility of donations made after 30 September 2021 to organisations set up to provide economic forms of disaster relief for Covid-19. 2022-03-06T22:00:00Z 2b86efd5-d74b-4772-8e6f-f0ced1f0ce1b 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 2a96916c-55a0-4f18-aeaa-31fe7c4a3ea3 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 45d40542-f03e-401c-9a4a-42f8b79d37a6 https://www.webberwentzel.com//News/Pages/A-measured-approach-Budget-2022.aspx Webber Wentzel’s Tax Team welcomed a balanced National Budget presented by Minister of Finance Enoch Godongwana on Wednesday. 2022-02-23T22:00:00Z 89809219-dbbf-466d-940b-4a9b593777a3 https://www.webberwentzel.com//News/Pages/Resources-and-dedication-are-pushing-AfCFTA-forward.aspx The African Continental Free Trade Agreement is making steady advances, with more than 80% of the first tariff lines having been agreed under the Rules of Origin. 2022-02-23T22:00:00Z 2522e8f6-6a87-4caf-b21d-0cf82b2a8270 https://www.webberwentzel.com//News/Pages/New-Draft-Interpretation-Note-on-Intra-group-Financial-Transactions-brings-welcome-clarity.aspx SARS has released a new draft interpretation note that will help to clarify issues around intra-group loans, but several key issues still need to be addressed. 2022-02-22T22:00:00Z 13023424-d0ae-4ec9-84b7-4a3d8e0d9fd7 https://www.webberwentzel.com//News/Pages/future-trends-in-green-financing.aspx Green financing is likely to evolve over the next few years, with financial institutions increasingly requiring more accurate measurements of borrowers’ achievements against targets. 2022-02-22T22:00:00Z 97c9ae33-8cd5-4468-ba07-0e1909b7190a https://www.webberwentzel.com//News/Pages/Climate-change-bill-introduced-in-Parliament.aspx The Climate Change Bill, which will implement South Africa’s effective climate change response, has been introduced in Parliament. 2022-02-21T22:00:00Z d23ab179-405c-402f-a539-9431bed031c3 https://www.webberwentzel.com//News/Pages/webber-wentzel-recognised-in-chambers-global-2022.aspx Earlier this year, Webber Wentzel was awarded South Africa Law Firm of the Year at the Chambers Africa Awards 2022. Yesterday, Chambers Global released its 2022 results, ranking law firm practices and lawyers according to their client service, commercial vision, business understanding, diligence and value for money. 2022-02-17T22:00:00Z ed3d5e85-64e0-4452-b4c2-8e7d986ab9aa https://www.webberwentzel.com//News/Pages/Consumers-may-have-the-right-to-access-open-source-software-in-devices.aspx A US body has launched a legal challenge to Vizio, a TV manufacturer, for failing to provide the source code for the software in its smart TV, which may have implications for other software developers. 2022-02-15T22:00:00Z a2421a4d-e264-4458-be67-01cf62ab77e0 https://www.webberwentzel.com//News/Pages/The-aged-usufructuary.aspx Valuing a usufruct for estate duty purposes may incur a greater tax liability than disposing of it while the usufructuary is alive and paying donations tax, transfer duty and CGT. 2022-02-14T22:00:00Z 1000f0f1-819a-4cd8-973b-33d4c27fb8e5 https://www.webberwentzel.com//News/Pages/The-tax-burden-on-annuitants-spread-not-lightened.aspx The latest move by SARS to require the withholding of PAYE from annuity payments at an "Effective Tax Rate" as required in directives issued to payers of annuities may help some annuitants to plan their finances, but may disadvantage others. 2022-02-14T22:00:00Z 33036c2c-0b39-4223-8abc-cd780f380593 https://www.webberwentzel.com//News/Pages/to-object-or-take-sars-on-review-that-is-the-question.aspx A recent transfer pricing case raised a number of interesting issues about procedure in the event that a taxpayer disputes SARS’s findings following an audit 2022-02-14T22:00:00Z df6b71c7-c7b5-4c3f-a699-5ec2d88a2b44 https://www.webberwentzel.com//News/Pages/EAP-Registration-Deadline-Extended.aspx Environmental Assessment Practitioners have been granted an extension to 8 August 2022 to register with the Environmental Assessment Practitioners Association of South Africa. Unless they register, they cannot take primary responsibility for Environmental Impact Assessments. 2022-02-14T22:00:00Z ef71b29c-34eb-4ada-9b50-c8f6dbe47be7 https://www.webberwentzel.com//News/Pages/competition-law-annual-review-2021-and-2022.aspx 2021 was an important year for competition law across the continent. Key focus areas of the South African competition authorities were primarily public interest and digital markets. 2022-02-13T22:00:00Z ea269bc5-1eb4-466e-b4e1-bb94e3585a92 https://www.webberwentzel.com//News/Pages/a-cross-jurisdictional-assessment-of-the-development-of-climate-change-related-legislation-across-africa.aspx This cross-jurisdictional assessment unpacks 8 key questions across 9 African jurisdictions, namely: Botswana, Kenya, Mozambique, Namibia, Nigeria, South Africa, Tanzania, Zambia and Zimbabwe. 2022-02-08T22:00:00Z b254f6f0-8b45-4c23-b4ce-c6b046bf651e https://www.webberwentzel.com//News/Pages/are-personal-rights-assets-for-capital-gains-tax-purposes.aspx Although personal rights are clearly assets for CGT purposes, they add a layer of complexity which has not been clarified in recent court decisions. 2022-02-07T22:00:00Z bbeb497d-6d09-4512-974c-5a9382f6cc04 https://www.webberwentzel.com//News/Pages/directors-face-potential-liability-for-climate-change-risks.aspx Directors face potential liability if they fail to carry out their fiduciary duties to curb climate change risks and do not make complete disclosures about climate-related risks. 2022-02-07T22:00:00Z c9d4db33-2e7a-4d11-ae8d-8f048a62b96d https://www.webberwentzel.com//News/Pages/alternative-dispute-resolution-the-problematic-problem-solver.aspx While alternative dispute resolution helps to achieve a speedier outcome for commercial disputes than a court process, it presents challenges in developing legal jurisprudence. 2022-02-07T22:00:00Z c7ec5568-6d10-45c2-a4be-3fad320a0af3 https://www.webberwentzel.com//News/Pages/conflict-of-interest-moonlighting-and-the-duty-of-good-faith.aspx A recent judgment in the Labour Appeal Court (LAC) has re-emphasized that employees have a duty of good faith to their employers, by disclosing material activities that may result in a conflict of interest. 2022-01-31T22:00:00Z 7d868b3a-a823-4dde-b4e4-b437bd1d3afb https://www.webberwentzel.com//News/Pages/8-data-hygiene-tips-to-mark-international-data-privacy-day.aspx 28 January is International Data Privacy Day - a day dedicated to reminding nations, businesses and individuals of the importance of good data protection practices. However, data privacy is really a 365-day-a-year event, and everyone that processes personal information should be constantly thinking about how to improve their data protection strategies. 2022-01-27T22:00:00Z 28520834-6551-44f7-929a-e5907fe0c8f1 https://www.webberwentzel.com//News/Pages/cancellation-of-contracts-revisited-tax-insights-on-the-issue.aspx Parties wishing to cancel a contract should try to do so within the same year of assessment as it was entered into, to avoid adverse cash-flow consequences. 2022-01-26T22:00:00Z 5b39f4ef-be5b-475a-b0fb-e573d8666989 https://www.webberwentzel.com//News/Pages/employee-dismissed-for-abusing-sick-leave-to-watch-rugby.aspx A recent judgement in the Labour Appeal Court (LAC) held that an employee can be fairly dismissed for dishonesty if the employee claims to be ill and then uses sick leave entitlement to attend a sports match. 2022-01-19T22:00:00Z 12145568-6cfd-451b-b27d-d3255b7c9618 https://www.webberwentzel.com//News/Pages/south-african-law-year-to-come-2022-and-year-in-review-2021.aspx Webber Wentzel has contributed to the Linklaters' global guide series - Year to Come 2022 and Year in Review 2021. The series brings together analysis, thinking and highlights from lawyers around the world across multiple jurisdictions, in the form of topic-specific and jurisdictional guides. 2022-01-17T22:00:00Z 3ee70e7d-4d19-4b72-806b-46f729e9aeca https://www.webberwentzel.com//News/Pages/employers-and-employees-cautioned-against-false-termination-information.aspx In a recent judgement, the Labour Court found that misrepresentation of facts in a UI-19 form is a criminal offence under the Unemployment Insurance Act, 63 of 2001 (UIA). 2022-01-16T22:00:00Z 64bd8f27-7951-43cf-9c38-0976ff6e2b6b https://www.webberwentzel.com//News/Pages/proposed-model-and-legislation-for-an-apa-programme-in-south-africa.aspx SARS has published a draft model and proposed legislation to establish an advance pricing agreement programme and is inviting comments on it by the end of January. 2021-12-19T22:00:00Z 09ee3d30-3bfd-4378-aff9-9a91dccb8c89 https://www.webberwentzel.com//News/Pages/should-an-employee-accept-a-voluntary-severance-package-when-business-rescue-proceedings-are-anticipated.aspx When business rescue is looming, it may be better for employees to wait before accepting a voluntary severance package, as they will rank higher as creditors if they accept the VSP after the business rescue plan is adopted 2021-12-05T22:00:00Z 78acf4c4-4aeb-47f7-ab1e-cd8eb043d3fc https://www.webberwentzel.com//News/Pages/proposed-changes-to-the-extended-producer-responsibility-regulations.aspx Amendments to the Extended Producer Responsibility Regulations have been published for public comment, affecting the lighting, electrical and electronic equipment, and paper and packaging sectors 2021-12-05T22:00:00Z e772e431-5e9e-448c-9ce0-059d45752f68 https://www.webberwentzel.com//News/Pages/update-on-the-copyright-amendment-bill-and-the-performers-protection-amendment-bill.aspx Some of the proposed amendments to the Copyright Amendment Bill and the Performers’ Protection Amendment Bill will shortly be advertised for public comment 2021-12-02T22:00:00Z 97e33986-0792-424a-b9cd-b3e58f1698df https://www.webberwentzel.com//News/Pages/the-cybercrimes-act-becomes-partially-operational.aspx Certain provisions of the Cybercrimes Act become operational on 1 December 2021, as South Africa gets closer to protecting businesses and individuals against cyber attacks and malicious communications. 2021-11-30T22:00:00Z 76bf9056-a236-459b-bb57-03ccc58c6438 https://www.webberwentzel.com//News/Pages/winding-up-an-external-company-in-south-africa.aspx Is it possible for creditors to apply for the winding up of a South African branch of a foreign company (“an external company”), even if the foreign holding company remains solvent, since the two entities are legally one and the same entity? 2021-11-17T22:00:00Z 5c3a1406-a011-4039-a4ae-d1951720438c https://www.webberwentzel.com//News/Pages/information-regulator-publishes-its-paia-manual.aspx The Information Regulator has published its manual, setting out how requests for access to information can be made to it, the categories of records that it holds, and how it processes personal information 2021-11-17T22:00:00Z ff684df4-1994-4eb7-8607-e08a5b8bd0ac https://www.webberwentzel.com//News/Pages/post-cop26-reflections-more-programmes-policies-and-resources-for-mitigation-and-adaptation.aspx Various Outcome Statements were published after the two-week COP 26 conference. They make it clear that both mitigation and adaptation efforts need to intensify, in global partnership 2021-11-16T22:00:00Z 2cbaa086-cf60-4b9d-b4be-439e25cd371b https://www.webberwentzel.com//News/Pages/supreme-court-of-appeal-clarifies-position-on-trading-of-water-use-entitlements.aspx The SCA has recently found that section 25 of the National Water Act allows for the transfer of water use entitlements. This decision is important as it is contrary to the position held by the Department of Water and Sanitation and may also have significant implications from a deal making perspective. 2021-11-11T22:00:00Z d0a671c5-3b85-440f-8adc-90b07e1887ba https://www.webberwentzel.com//News/Pages/private-sector-involvement-is-key-for-sustainable-cities-and-towns.aspx Creating sustainable and environmentally-friendly cities is a central feature of climate change adaptation, embracing themes such as AI, IP law and post-mining economies 2021-11-10T22:00:00Z ec31a1d9-7e10-49a2-a1b2-a697e748044d https://www.webberwentzel.com//News/Pages/technology-is-the-key-to-unlocking-a-green-future.aspx According to several reports, the Southern Africa interior is warming at twice the global rate. Significant changes to long-term weather patterns, agriculture and food security, water availability and biodiversity are likely and their effects disastrous. Existing and new technologies will be critical to mitigate and manage the damage of global warming. 2021-11-04T22:00:00Z 99f3a7aa-bc46-4539-9e82-d8209bd18c82 https://www.webberwentzel.com//News/Pages/south-africas-energy-landscape-evolves-partly-driven-by-climate-change-goals.aspx Legislative reforms are making South Africa’s energy sector greener and more competitive, which will encourage economic growth and help the country meet its climate change commitments 2021-10-20T22:00:00Z 2b588a52-90e0-4b2a-a357-6d75d2123d72 https://www.webberwentzel.com//News/Pages/information-regulator-publishes-an-invitation-for-public-comments-on-new-popia-regulations.aspx New amended draft regulations on POPIA have been published for comment, covering various steps that people can take in exercising their rights under POPIA and how businesses can request consent for direct marketing purposes 2021-10-19T22:00:00Z d33a5404-4cfb-4d47-9eb7-448400ed4cf4 https://www.webberwentzel.com//News/Pages/mandatory-vaccination-in-the-workplace-considerations-for-employers.aspx Various unanswered questions around mandatory vaccination may be tested in the courts after several organisations have announced that they are implementing mandatory vaccination policies at their workplaces 2021-10-19T22:00:00Z a8e06fe8-9819-4767-afb1-f4a8f0b308c6 https://www.webberwentzel.com//News/Pages/south-africa-innovates-in-sustainable-finance-for-biodiversity-protection.aspx South Africa was the first country in the world to grant the tax concession in Section 37D of the Income Tax Act to protect biodiversity, which provides a sustainable financing solution 2021-10-18T22:00:00Z b10bdd1d-08d2-440a-90b6-b6f35f29cf3f https://www.webberwentzel.com//News/Pages/a-new-chapter-has-opened-for-commercial-funding-of-sustainability-projects.aspx Innovative funding for sustainability projects is spurring legal firms like Webber Wentzel to innovate also in the loan agreements that they are drafting for clients 2021-10-18T22:00:00Z 10cef31d-3c77-43d1-85c9-78fccdc912f1 https://www.webberwentzel.com//News/Pages/paia-guide-published-by-the-information-regulator-on-12-october-2021.aspx An updated PAIA Guide has been published which provides easy-to-understand direction on how to obtain various items of information from an organisation 2021-10-17T22:00:00Z e3f101b5-66bd-4df6-8f15-67e40b60002a https://www.webberwentzel.com//News/Pages/cop26-what-it-means-for-south-africa-and-africa.aspx This series of articles leading up to and accompanying the COP26 conference, Webber Wentzel is focusing on what the conference means for South Africa and Africa and, specifically on businesses operating in Africa. 2021-10-17T22:00:00Z caa8a05a-0743-42d8-909e-16bf81acaf6d https://www.webberwentzel.com//News/Pages/the-2021-un-climate-change-conference-what-it-means-for-south-africa.aspx At the United Nations climate change conference in Paris (COP21), governments agreed that mobilising stronger and more ambitious climate action is urgently required to achieve the goals of the Paris Agreement. 2021-10-17T22:00:00Z ad42173b-40a9-4ff0-b0da-497d3fd3b933 https://www.webberwentzel.com//News/Pages/what-does-the-just-transition-look-like-in-south-africa.aspx Ahead of COP26 later this month, South Africa's commitment to the Just Transition will be a crucial element of its negotiating position. 2021-10-17T22:00:00Z 2b3b36b2-1683-4603-98b7-0fbbe46b8d2a https://www.webberwentzel.com//News/Pages/tighten-the-esg-focus-or-face-litigation.aspx Litigation on Environmental, Social and Governance matters is rising in volume, both globally and domestically, but there are various steps that companies can take to mitigate the risks 2021-10-13T22:00:00Z 0add58f3-8c37-4d75-ad87-71824f5384e3 https://www.webberwentzel.com//News/Pages/the-companies-amendment-bill-2021-could-have-unintended-consequences-for-business-rescue.aspx Proposed amendments to sections 135 and 145 of the Companies Act raise various concerns related to post-commencement financing in the business rescue process 2021-10-06T22:00:00Z 3ceb9f0c-16fd-47d6-816d-63cab1a235ab https://www.webberwentzel.com//News/Pages/new-draft-companies-amendment-bill-snapshot-of-key-proposed-amendments.aspx A new draft of the Companies Amendment Bill has been published. Although the Bill clarifies many important company law issues; several ambiguities related to the current Act remain. 2021-10-03T22:00:00Z 185d0a06-a98f-413d-90ff-20ef19e3194e https://www.webberwentzel.com//News/Pages/the-role-of-incapacity-in-dismissals-for-misconduct.aspx A recent judgment* by the Labour Court addresses the role that incapacity can play when an employee is charged with misconduct, and whether an employer is required to exclude the possibility of incapacity in these circumstances. 2021-10-03T22:00:00Z 00695952-9379-4178-9d08-5f36056417c8 https://www.webberwentzel.com//News/Pages/complex-issues-arise-in-limiting-the-rights-of-the-non-vaccinated.aspx The South African government may introduce “vaccine passports”, following moves by authorities in other jurisdictions, and the limitation of constitutional rights is arguably justifiable 2021-09-28T22:00:00Z a8d8db62-fa3e-4dd0-9460-374b74294fcf https://www.webberwentzel.com//News/Pages/keep-your-creditors-close-but-your-lawyers-closer.aspx Although companies in financial distress, and their creditors, are often reluctant to pay for legal advice, having legal guidance to navigate the intricacies of the business rescue process can help to avoid costly mistakes 2021-09-22T22:00:00Z 7ab801e7-0bb9-457e-ada4-e91d7963a445 https://www.webberwentzel.com//News/Pages/chinas-new-privacy-law-its-impact-on-south-african-organisations.aspx South African businesses with links to China need to be aware of the country’s recently-passed Personal Information Protection Law (PIPL), which comes into force in November 2021 2021-09-21T22:00:00Z de0cb5ab-7033-46ed-b5c7-2cb7f01981f7 https://www.webberwentzel.com//News/Pages/resolving-customs-and-excise-disputes-with-sars-alternative-dispute-resolution-part-2-of-4-part-series.aspx There are various mechanisms to resolve disputes with SARS' Customs and Excise divisions. In this article, we consider the alternative dispute resolution procedure. 2021-09-19T22:00:00Z f64006a8-8ce6-4b40-bf91-ff092a5f1441 https://www.webberwentzel.com//News/Pages/lexology-getting-the-deal-through-merger-control-2022.aspx Webber Wentzel has contributed to the Lexology Getting The Deal Through Merger Control 2022 South Africa chapter. 2021-09-07T22:00:00Z 41a84853-56bf-47be-b6e3-736e3fa34381 https://www.webberwentzel.com//News/Pages/comesa-competition-commission-issues-first-ever-merger-related-fine.aspx On 6 September 2021, the COMESA Competition Commission (CCC) issued its first fine for failure to notify a transaction to the CCC within the prescribed time period under Article 24 (1) of the COMESA Competition Regulations of 2004. 2021-09-06T22:00:00Z 48b8f696-dfae-4be0-ad0a-495e05b40fdd https://www.webberwentzel.com//News/Pages/managing-mental-health-issues-in-the-workplace.aspx Managing mental health related issues in the workplace can be difficult. Employers should manage employees with mental health related issues carefully and fairly, working with, rather than against, employees with mental health related issues. This may alleviate the need to terminate an employee's employment and assist the employee in dealing with their mental illness. 2021-09-01T22:00:00Z 53424670-4146-49a3-83ce-2e0c299f2766 https://www.webberwentzel.com//News/Pages/popia-training-ready-steady-go.aspx POPIA. Non-compliance can result in lost stakeholder trust, reputational harm, administrative fines, damages claims and even imprisonment.  Expert training can be a significant step in ensuring that your organisation is POPIA compliant. 2021-08-24T22:00:00Z 9f682aae-1d55-40a9-a7d4-4ec03dd85602 https://www.webberwentzel.com//News/Pages/a-journey-of-growth-and-success.aspx Webber Wentzel Senior Partner Christo Els and Managing Partner, Sally Hutton, chat to Tom Pearson in a podcast focussing on the growth and success of one of Africa’s foremost law firms. 2021-08-09T22:00:00Z bb4d25d2-f915-4cf1-b9ec-f960af3c95d3 https://www.webberwentzel.com//News/Pages/a-new-global-taxation-regime-is-in-the-pipeline-start-preparing-now.aspx The recent agreement by 130 of the 139 countries participating in the OECD/G20 Inclusive Framework (IF) to implement the two-pillar package will result in a fundamental shift in the way international taxation has worked in the past. It “wipes the slate clean”. 2021-07-28T22:00:00Z 040653d6-167a-4a1d-814b-a925984e9602 https://www.webberwentzel.com//News/Pages/a-guide-to-employers-tax-obligations-after-damage-to-their-premises.aspx The recent looting and damage to businesses in KwaZulu-Natal and Gauteng has had a devastating impact on many businesses, both small and large. In some cases, the damage is so severe that the business cannot continue to produce or sell, and valuable data may have been lost, including employee and tax records. 2021-07-27T22:00:00Z 21eb9c95-3206-4d41-a746-a45a4a51477c https://www.webberwentzel.com//News/Pages/tokyo-2020-its-not-a-typo.aspx The Tokyo Olympics are taking place under the “2020” brand for a number of reasons related to intellectual property and the unusual circumstances around this year’s event 2021-07-25T22:00:00Z f9c6f85c-226f-41e1-be82-93c4162424d3 https://www.webberwentzel.com//News/Pages/disclosure-of-third-party-funding-arrangements.aspx AFSA International – a branch of the Arbitration Foundation of Southern Africa – has recently released its new rules, which require the disclosure of third-party funding (TPF) arrangements in the international arbitrations it administers. 2021-07-22T22:00:00Z 284b0dd8-4703-4c22-8f60-b49c84ed9023 https://www.webberwentzel.com//News/Pages/the-complex-tax-consequences-of-riot-insurance-payments.aspx Businesses able to claim from SASRIA for damage to premises or equipment from the recent unrest need to be aware of the tax implications of payouts 2021-07-20T22:00:00Z 51d15d60-656d-436c-bf99-b3a9590a9369 https://www.webberwentzel.com//News/Pages/civil-unrest-and-public-looting-managing-key-employment-issues.aspx Employers seeking an appropriate response to the civil unrest and public looting in Gauteng, KwaZulu-Natal and other parts of South Africa will have to consider different factual circumstances. 2021-07-14T22:00:00Z 9c07b547-223b-4da8-b9f9-04fefe04a26c https://www.webberwentzel.com//News/Pages/sa-riots-does-force-majeure-apply.aspx Businesses experiencing disruption from the recent events in South Africa may be able to invoke force majeure clauses in contracts, or the law of supervening impossibility, depending on the circumstances 2021-07-14T22:00:00Z 1bdce43e-2286-44af-a611-27f5ae252523 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 4ed7bdef-60c5-4b4f-8720-82b207a5d5dc https://www.webberwentzel.com//News/Pages/riots-in-sa-what-happens-under-a-state-of-emergency-declaration.aspx If the President decides to declare a state of emergency as a result of the recent extensive looting and unrest, it will be different from those declared during apartheid 2021-07-14T22:00:00Z 0198ef60-0b87-43fd-9d67-3022ce2fb2c6 https://www.webberwentzel.com//News/Pages/competition-block-exemptions-for-the-security-of-supply-of-essential-goods.aspx On 15 July 2021, the Minister of Trade, Industry and Competition issued Block Exemptions for the Security of Supply of Essential Goods (Government Gazette No.44854) (the Essential Goods Exemption) – in effect from today until 15 August 2021. 2021-07-14T22:00:00Z 15f783fb-3ceb-4203-8968-0982aeaf8c0f https://www.webberwentzel.com//News/Pages/new-draft-guideline-for-climate-change-impact-assessments-to-be-undertaken-when-pursuing-environmental-consent-applications.aspx A Climate Change guideline will shortly be published to assist with incorporating climate change considerations in various applications for environmentally-related licences 2021-07-13T22:00:00Z 9e042fb6-ebfb-45d3-b255-f39a50c5e8cd https://www.webberwentzel.com//News/Pages/popia-has-unexpected-implications-for-b-bbee-schemes.aspx Sharing personal information of trust beneficiaries to verify black ownership under the scorecards requires companies and trusts to be aware of POPIA requirements. 2021-07-13T22:00:00Z e83f77c8-a87e-49b8-a730-b8c1c375b517 https://www.webberwentzel.com//News/Pages/to-compile-a-paia-manual-or-not-to-compile-a-paia-manual-that-is-the-question.aspx Certain entities are exempt from compiling a PAIA Manual until 31 December 2021, but this depends on various factors, such as the type of entity, the sector in which the entity operates and the entity's total annual turnover or number of employees. 2021-07-05T22:00:00Z 575ad61e-0856-47f2-b462-d8b7278b427c https://www.webberwentzel.com//News/Pages/Employer-Roles-on-Mandatory-Vaccination-Roll-outs.aspx Employers considering putting a mandatory Covid-19 vaccination policy in place need to take several factors into account, including appropriate steps if an employee refuses 2021-07-05T22:00:00Z 83f6efce-2751-4686-a7b9-4d504fba7021 https://www.webberwentzel.com//News/Pages/transferring-listed-shares-to-an-offshore-exchange.aspx The recently-introduced Section 9K to the Income Tax Act triggers a potential tax liability when dual-listed shares are migrated from a South African to an offshore stock exchange. 2021-07-05T22:00:00Z 6edbef0a-6302-400b-8f5c-17b7b4eb4e31 https://www.webberwentzel.com//News/Pages/highest-court-finds-that-dismissed-employees-compensation-for-procedural-unfairness-may-be-reduced.aspx The Constitutional Court has handed down a judgment confirming that it can reduce compensation awarded for procedurally unfair dismissals. The case also shines a light on the real costs of employers not following the correct processes – legal costs, punitive costs, and time with protracted litigation. 2021-06-30T22:00:00Z 9a178414-d3dd-4979-a9c2-821304a41d3f https://www.webberwentzel.com//News/Pages/the-impact-of-the-impending-aarto-act-on-employers.aspx The Administrative Adjudication of Road Traffic Offences Act 4 of 2019 (AARTO) comes into effect on 1 July 2021. AARTO intends to address non-compliant behaviour to road traffic laws and reduce the number of road accidents in South Africa. AARTO will also, however, impose new obligations on employers. 2021-06-29T22:00:00Z c95cc730-5630-4792-ab48-09a29435e3a6 https://www.webberwentzel.com//News/Pages/dismissing-employees-for-not-observing-workplace-covid-19-protocols.aspx Two recent decisions from labour dispute resolution forums have dealt with discipline of employees for failing to observe Covid-19 protocols – one dismissal was found to be fair while the other unfair. Understanding the circumstances and differentiators of these two decisions is important for employers. 2021-06-29T22:00:00Z 56129a0d-5083-4cc0-a59f-83c16b999028 https://www.webberwentzel.com//News/Pages/emergency-arbitrators-afsas-latest-innovation.aspx The Arbitration Foundation of South Africa (AFSA) is the latest of a growing number of leading arbitral institutions to incorporate the appointment of an emergency arbitrator and emergency arbitration provision into its new international rules (the new rules). This is a welcome step by AFSA in promoting South Africa as a modern arbitration destination. 2021-06-29T22:00:00Z d7585333-61ba-430f-9284-7a9f947dc012 https://www.webberwentzel.com//News/Pages/clarity-on-popia-exemptions-and-information-officer-registration.aspx The Information Regulator has published guidance for organisations on applying for exemptions from POPIA and appointing information officers, ahead of the 30 June 2021 deadline for compliance 2021-06-23T22:00:00Z 8f1988d5-cf99-4c0e-a68a-789dbe42e67d https://www.webberwentzel.com//News/Pages/information-regulator-extends-commencement-date-for-popia-prior-authorisation.aspx The Information Regulator has extended the commencement date of the POPIA provision that requires organisations to obtain prior authorisation if they process certain categories of personal information. The commencement date of that provision is now 1 February 2022. 2021-06-17T22:00:00Z 931cbd69-51f1-47a0-b82a-3daea01e6e91 https://www.webberwentzel.com//News/Pages/revised-covid-19-direction-on-health-and-safety-in-the-workplace-published.aspx A revised Covid-19 Direction on Health and Safety in the Workplace sets out the regulations on vaccines and guidelines for employers considering mandatory vaccinations of employees 2021-06-10T22:00:00Z 3be8fd02-1b00-44d3-a416-ffe728347897 https://www.webberwentzel.com//News/Pages/highest-court-decision-has-implications-for-all-loyalty-programme-providers.aspx The Constitutional Court recently handed down judgment on the Clicks Retailers (Pty) Ltd v CSARS case, which has wide ramifications for all loyalty programme providers. Loyalty programme future expenditure will as a result, be claimable only if the obligation for such expenses is imposed in the same income-producing contract. 2021-06-06T22:00:00Z 8a0298f1-7493-424d-a63d-89d19f99a12d https://www.webberwentzel.com//News/Pages/the-extended-producer-responsibility-regulations-laudable-goals-challenging-implementation.aspx The Extended Producer Responsibility Regulations recently introduced in South Africa are expected to drive the circular economy agenda, but continue to provide legal conundrums and interpretational challenges 2021-06-02T22:00:00Z 8b171ddc-a31f-4af6-9ce7-348465beec5f 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 42bdf5d0-1fc0-4dc5-bac9-01d06d031372 https://www.webberwentzel.com//News/Pages/cybercrimes-bill-signed-by-the-president.aspx The Cybercrimes Bill has been signed by the President. This Bill will now be known as the Cybercrimes Act 19 of 2020. This development is a welcome move in the fight against the ever-increasing rise in online and internet-based crime. 2021-06-01T22:00:00Z 5cf448d2-5f06-42cc-89eb-72904f081aa9 https://www.webberwentzel.com//News/Pages/the-new-afsa-international-arbitration-rules-simply-explained.aspx The Arbitration Foundation of Southern Africa’s new Rules, which came into effect on 1 June, are a welcome move that will help to grow South Africa's reputed position as an international arbitration seat. 2021-06-01T22:00:00Z 707c0c07-7933-41e1-b051-58238f92134d https://www.webberwentzel.com//News/Pages/is-your-chatbot-popia-compliant.aspx Artificial Intelligence and digitisation are transforming the business landscape. Many new technologies are being created to streamline customer engagement, such as chatbots. Given the quantity of personal information which a chatbot may acquire, how do you ensure that your chatbot is POPIA compliant? 2021-05-30T22:00:00Z 4704114d-747b-4920-8107-405b7b8abdd9 https://www.webberwentzel.com//News/Pages/hospitality-and-leisure-industry-destination-popia.aspx We all hope for more travel and tourism soon. Hospitality players waiting for the big travel surge should use this time to ensure that they understand the requirements of the Protection of Personal Information Act (POPIA) within their industry. 2021-05-20T22:00:00Z 6d057c07-5193-4d6a-8f40-25e8277731a7 https://www.webberwentzel.com//News/Pages/south-africa-b-bbee-developments-clarity-provided-on-black-ownership-schemes-and-structures.aspx Minister Patel has issued a Practice Note in terms of the Broad-Based Black Economic Empowerment Act on Rules for discretionary Collective Enterprises to provide much needed clarity on how ownership schemes and structures should be interpreted under the B-BBEE Codes. 2021-05-18T22:00:00Z 3e3f8921-81df-4c65-ae63-99ac262f1d71 https://www.webberwentzel.com//News/Pages/afcfta-insights-report.aspx We are delighted to release a downloadable compilation of expert insights focussed on the issues around the African Continental Free Trade Area (AfCFTA). We produced this report over many months in collaboration with Africa Legal. 2021-05-18T22:00:00Z 36b361eb-3b41-46d8-960e-d2b3990685b2 https://www.webberwentzel.com//News/Pages/draft-paia-regulations-published-ahead-of-popia-commencement.aspx Draft PAIA Regulations have been published, setting out the transition of functions from the South African Human Rights Commission to the Information Regulator, and some additional obligations of information officers. 2021-05-09T22:00:00Z 81cf003e-7528-47a7-a536-c32696eeaecc https://www.webberwentzel.com//News/Pages/employee-dismissed-for-reporting-to-work-with-covid-19.aspx A recent judgment by the Labour Court implores employers to consider whether existing Covid-19 health and safety protocols are being taken seriously by employees. Such protocols are meaningless if they are merely "in place and on paper" 2021-05-06T22:00:00Z 12e734f5-b2f8-464a-ba34-c62f4f200e08 https://www.webberwentzel.com//News/Pages/the-legal-effect-of-a-liquidated-company-on-review-proceedings-at-the-labour-court.aspx In a recent judgment, the Labour Court found that it did not have jurisdiction to determine review proceedings for a liquidated company if the person who instituted the legal proceedings failed to deliver the necessary notice to the liquidators 2021-05-05T22:00:00Z 2934b178-73a4-4bbf-9f44-afde32ebb150 https://www.webberwentzel.com//News/Pages/strike-guidelines-set-aside-by-high-court.aspx The High Court recently set aside guidelines issued by the Minister of Employment and Labour on balloting for strike action on the grounds that they were ultra vires 2021-05-05T22:00:00Z 965b2709-7c55-4808-aba1-b5626edb23b5 https://www.webberwentzel.com//News/Pages/employer-liable-to-pay-a-portion-of-r3-9-million-awarded-for-sexual-assault-in-the-workplace.aspx A recent High Court judgment upholds the potential consequences for an employer that does not provide a safe working environment for employees, including one free of sexual assault or other forms of harassment 2021-05-04T22:00:00Z 83bd5462-12cd-4c5b-8555-51dd342d0140 https://www.webberwentzel.com//News/Pages/australias-fair-work-commission-rules-on-dismissal-of-employee-for-refusing-to-take-flu-vaccine.aspx A recent decision of Australia’s Fair Work Commission upheld an employer’s reasonable requirement for staff to be vaccinated against influenza, but we caution that this principle remains untested in the Covid-19 vaccination rollout in South Africa 2021-04-28T22:00:00Z b22229e4-34b4-4ae0-92a0-4b3256847dc6 https://www.webberwentzel.com//News/Pages/doubling-down-on-plastic-bag-producers.aspx South Africa’s amended Plastic Bag Regulations and the new Extended Producer Responsibility Regulations raise concerns about double taxation in the plastic bag sector 2021-04-27T22:00:00Z de670add-5239-40e1-a0e2-b26eead07cd2 https://www.webberwentzel.com//News/Pages/jse-consultation-paper-proposes-amendments-to-the-listings-requirements.aspx The JSE has issued a consultation paper proposing changes to the Listings Regulations to cut red tape and achieve an effective, fit-for-purpose set of regulations for financial markets 2021-04-21T22:00:00Z 1ee052ee-c80d-4f64-b62e-d00982f5eade https://www.webberwentzel.com//News/Pages/some-well-awaited-certainty-on-kenyan-withholding-taxes-for-inbound-services.aspx A recent decision by the Tax Appeals Tribunal of Kenya has provided much needed clarity on withholding tax payable by South African residents providing services to Kenyan entities 2021-04-15T22:00:00Z 8f5e8b97-e55b-472e-b232-c109f79b194b https://www.webberwentzel.com//News/Pages/ccma-reinstates-employee-dismissed-for-absence-without-permission.aspx The CCMA recently reinstated an employee who took leave without permission during the Covid-19 lockdown, in a ruling which delivers an important lesson for other employers 2021-04-11T22:00:00Z b0390a81-546a-4032-abd9-f55a50d37661 https://www.webberwentzel.com//News/Pages/labour-appeal-court-upholds-dismissal-of-employees-for-carrying-weapons-during-strike-action.aspx The Labour Appeal Court has ruled that employees can be dismissed for carrying weapons during a strike and it is reasonable to expect them to know that this is a dismissable offence 2021-04-11T22:00:00Z 56a1038f-9079-4613-8bc0-199a1deb9c7c https://www.webberwentzel.com//News/Pages/popia-101.aspx All businesses with employees, customers and suppliers must comply with POPIA, which comes into effect on 1 July 2021. Here’s a practical guide to the most important aspects 2021-03-31T22:00:00Z 07f024a8-33e2-4150-af16-489ed864fba3 https://www.webberwentzel.com//News/Pages/webber-wentzel-successfully-obtains-community-unrest-interdicts-for-different-clients-operating-in-the-mining-industry.aspx On two recent occasions involving mining operations in Limpopo and Mpumalanga, Webber Wentzel has assisted different clients operating in the mining industry to obtain interdicts against the SAPS to compel them to fulfil their duty to maintain law and order 2021-03-28T22:00:00Z 91886e8e-9d8e-44b8-84b8-601f9ec59e6b https://www.webberwentzel.com//News/Pages/proposals-of-interest-to-employers-in-the-2021-budget-review.aspx In the 2021 Budget, there are proposals to halt abuse of employment tax incentives and expand the scope of what constitutes a long-service award 2021-03-25T22:00:00Z 9062783f-58ce-4a3e-bc77-b81cc4359fb7 https://www.webberwentzel.com//News/Pages/annuitisation-of-provident-funds-finally-commences.aspx From 1 March 2021, members of provident funds on retirement will have to buy an annuity with two-thirds of their retirement funding, bringing them in line with pension and RA fund members 2021-03-25T22:00:00Z 3a614935-5bcb-4913-a226-52a241fde367 https://www.webberwentzel.com//News/Pages/employee-attacked-at-work-during-protest-action-may-claim-damages-from-her-employer.aspx A recent Supreme Court of Appeal judgment has provided new guidance on COIDA cover and when employers may be exposed to direct claims for damages by employees. 2021-03-24T22:00:00Z 723cb27a-7f3c-4ae9-8d24-50d157e61557 https://www.webberwentzel.com//News/Pages/sabs-issues-new-standard-for-hand-sanitisers.aspx The SABS has issued a new standard for hand sanitisers, which manufacturers of these products and employers distributing them in the workplace should comply with 2021-03-15T22:00:00Z bd8a5655-6f09-4f37-a8d4-39117aa10395 https://www.webberwentzel.com//News/Pages/information-regulator-publishes-guidance-note-on-applications-for-prior-authorisation.aspx The Information Regulator has issued helpful guidelines for applicants who require prior authorisation to process certain categories of information under POPIA 2021-03-15T22:00:00Z e9721b0e-6220-464d-80a3-fd0cbe3ee3b8 https://www.webberwentzel.com//News/Pages/covid-19-ters-extension-key-information-for-employers.aspx A new directive sets out conditions for the extension of benefits under the Covid-19 TERS scheme, which applies only to four categories of employees. 2021-03-10T22:00:00Z 1a1d626a-63bc-4370-b31b-2e645ffb1ed4 https://www.webberwentzel.com//News/Pages/incentivising-strategic-development-moving-one-step-closer-or-two-steps-back.aspx Recent moves to incentivise renewable energy development in designated areas are welcome, but a new requirement has been introduced which may prove onerous and cause significant delays. 2021-03-07T22:00:00Z 3f69b4bc-f96b-40d8-81ec-077a224e21ab https://www.webberwentzel.com//News/Pages/treasury-further-tightens-the-noose-on-retirement-assets-of-emigrants.aspx The Budget Review 2021 includes a proposal to impose a deemed retirement withdrawal tax on retirement assets of emigrants as an exit tax. The proposal is unclear and has numerous issues. 2021-03-02T22:00:00Z eeaf37bf-a0eb-4ebe-86f5-919a45f9b948 https://www.webberwentzel.com//News/Pages/competition-law-africa-monthly-update-february-2021.aspx Keep up to date on the most important competition law developments across Africa in February 2021. 2021-03-01T22:00:00Z b92c3edf-71d2-4f69-8cf6-0927df982a6f https://www.webberwentzel.com//News/Pages/sa-lets-do-business-ebook.aspx ​A tailored and on-the-ground perspective for business in South Africa and those looking to invest in South Africa. 2021-02-28T22:00:00Z fe6188ae-8151-44db-9288-0d034cb378fd https://www.webberwentzel.com//News/Pages/dealmaking-in-sub-saharan-africa-2020-in-review-and-predictions-for-2021.aspx Read a Q&A with Christo Els, senior partner and M&A specialist on Dealmaking in Sub-Saharan Africa - 2020 in review and predictions for 2021 2021-02-25T22:00:00Z 87fa6266-5fad-4125-af2e-06f2e0af3a27 https://www.webberwentzel.com//News/Pages/mboweni-sticks-to-a-realistic-path-in-2021-22-budget.aspx South African Finance Minister Tito Mboweni delivered the 2021/22 Budget on 24 February that treads a pragmatic path between over-spending and too much austerity, as the economy grapples with the impact of Covid-19 and lockdowns. 2021-02-24T22:00:00Z 379e7d00-7877-485c-b334-04371403a9eb https://www.webberwentzel.com//News/Pages/draft-critical-skills-list-out-for-public-comment.aspx The critical skills list identifies occupations in various sectors for skilled immigration. Section 19(4) of the Immigration Act 13 of 2002 provides that the Department of Home Affairs can issue a critical skills work visa to a foreign employee possessing skills or qualifications considered to be critical for South Africa. 2021-02-23T22:00:00Z c791c3b3-0cc1-4cb8-9baa-806aaf4e10fa https://www.webberwentzel.com//News/Pages/webber-wentzels-expertise-recognised-by-chambers-global.aspx Chambers Global has released their 2021 results. Webber Wentzel had an exceptional year with key highlights. 2021-02-21T22:00:00Z 31df7046-b985-4eba-a4e1-2017b670ff24 https://www.webberwentzel.com//News/Pages/21-legal-developments-for-businesses-to-monitor-in-2021.aspx We have collated a snapshot of key themes to track in 2021 and of 21 legal developments for the year which you will need to keep a tab on. 2021-02-17T22:00:00Z b7114916-d1d0-4447-a240-87e44894b697 https://www.webberwentzel.com//News/Pages/covid-19-ters-scheme-extended-to-15-march-2021.aspx The president has announced the TERS benefit will be extended to 15 March 2021 for certain sectors but there are unanswered questions over aspects of the extension. 2021-02-16T22:00:00Z f831c1a0-082f-46fe-a82d-c95ff68ab6ce https://www.webberwentzel.com//News/Pages/b-bbee-commission-requires-entities-to-make-increased-disclosures.aspx A new Explanatory Notice issued by the B-BBEE Commission in January requires more supporting evidence for B-BBEE claims. Although this may seem onerous, it will strengthen the Commission’s ability to make recommendations for improvement 2021-02-15T22:00:00Z 38fb0ee6-a6eb-4d57-aab4-56c9a285ed31 https://www.webberwentzel.com//News/Pages/budget-2021-finding-revenue-from-a-highly-taxed-base.aspx The South African government is likely to be tempted to increase marginal rates of tax on top earners in the February Budget, but non-tax measures would be more effective in raising funds for the fiscus 2021-02-10T22:00:00Z d3fd1db4-091a-4260-8657-f34c0fcc9509 https://www.webberwentzel.com//News/Pages/recent-labour-appeal-court-and-constitutional-court-judgments-not-applicable-to-private-sector.aspx Important judgments were recently handed down by the Labour Appeal Court and Constitutional Court. Given the issues dealt with in these judgments (collective bargaining and interception of communication), questions were raised about their impact on the private sector. 2021-02-10T22:00:00Z 7a8e72b0-1384-4165-be9d-e464be350cca https://www.webberwentzel.com//News/Pages/increases-to-national-minimum-wage-from-1-march-2021.aspx The Department of Employment and Labour (DEL) has announced increases to the national minimum wage that will come into effect from 1 March 2021. These increases follow the recommendations made by the National Minimum Wage Commission in late 2020. 2021-02-09T22:00:00Z 77259a66-0e05-4f6e-a85b-bd47bb186e38 https://www.webberwentzel.com//News/Pages/corruption-watch-releases-new-report-on-covid-19-ters-scheme.aspx A report by Corruption Watch into the payment of TERS benefits has exposed maladministration and corruption in the UIF, highlighting that the department of employment and labour needs to improve its systems 2021-02-07T22:00:00Z baa45b6d-64c8-41f1-83d5-6649f959215c https://www.webberwentzel.com//News/Pages/podcast-covid-19-vaccines-employer-considerations.aspx Over this 6-part series, We will be unpacking various issues from the possibility of mandatory vaccination policies for employees to personal information management of employee vaccination data.​ 2021-02-04T22:00:00Z e84ff1f2-be42-42a0-9f9e-a22680cab576 https://www.webberwentzel.com//News/Pages/changes-to-the-south-african-exchange-control-rules.aspx On 4 January 2021 the South African Reserve Bank released Exchange Control Circular No. 1/2021 which provides for the long-awaited relaxation of the South African exchange control rules relating to “loop” structures and investments. 2021-01-11T22:00:00Z 56578114-bb06-4b8d-af55-bd4d88d2c01c https://www.webberwentzel.com//News/Pages/integrating-esg-factors-in-the-investment-strategies-of-institutional-investors.aspx A draft revision of the Code for Responsible Investment in South Africa (CRISA) to align it with advances in regulation and governance of ESG issues, has been published for comment. 2020-12-17T22:00:00Z eb99b9fb-9e95-4962-a6aa-b34711925621 https://www.webberwentzel.com//News/Pages/resignation-with-immediate-effect-meaningless-when-disciplinary-hearing-occurs-in-the-notice-period.aspx In a recent judgment, the Labour Appeal Court had to once again deal with the interplay between resignation with immediate effect and disciplinary action. 2020-12-13T22:00:00Z 464e64eb-95f5-4f9c-9440-f5293c0454b0 https://www.webberwentzel.com//News/Pages/4-5-percent-increase-to-national-minimum-wage-on-the-cards.aspx The National Minimum Wage Commission has recently published a report with recommendations on the annual review of the national minimum wage for 2021. This is in line with the Commission's overall mandate under section 6 of the National Minimum Wage Act 9 of 2018. 2020-12-10T22:00:00Z a07c9571-0cd2-441d-92d4-3a9777f9aafb https://www.webberwentzel.com//News/Pages/covid-19-ters-external-audit-and-forensic-process-underway.aspx On 27 November 2020, the Unemployment Insurance Fund (UIF) announced that it will be implementing its C-19 External Audit and Forensic Process effective 1 December 2020. 2020-12-10T22:00:00Z cf1df80c-88c8-42c8-8470-ed9b8594cba1 https://www.webberwentzel.com//News/Pages/linklaters-global-guide-year-in-review-2020-and-year-to-come-2021.aspx We have contributed to the Linklaters' global guide series - Year in Review 2020 and Year to Come 2021. 2020-12-06T22:00:00Z 27989ae9-2c7d-47b1-83d9-6288f21dd86e https://www.webberwentzel.com//News/Pages/popia-gdpr-or-both.aspx Businesses need to ensure compliance with the General Data Protection Regulation passed by the European Union and with South Africa’s Protection of Personal Information Act by July 2021. Compliance with one, does not, however, ensure compliance with the other. 2020-11-29T22:00:00Z 5ef60792-0f80-49a3-afc5-fa36131bb2b1 https://www.webberwentzel.com//News/Pages/working-from-home-when-does-supervision-infringe-on-personal-rights.aspx Since Covid-19 lockdowns and self-isolation, remote working with associated overtime claims has become the norm, which presents employers with challenges around monitoring and privacy 2020-11-26T22:00:00Z 9271765d-a03d-4ce7-9723-b09446ffd782 https://www.webberwentzel.com//News/Pages/b-bbee-challenged-in-public-tenders.aspx The Supreme Court of Appeal has ruled that the 2017 Preferential Procurement Regulations do not provide the required framework for the application of considerations such as broad-based black economic empowerment contributor status and black ownership to be used for pre-qualification of bidders or as a condition for mandatory sub-contracting in public tenders. 2020-11-22T22:00:00Z 3fddb3b8-597c-48c2-8919-f7154896dbc4 https://www.webberwentzel.com//News/Pages/2020-future-of-jobs-report-world-economic-forum.aspx A recent World Economic Forum report has highlighted evolving trends in the workforce, globally and in South Africa, as the local labour market faces the combined impact of the Covid-19 pandemic and the Fourth Industrial Revolution (4IR) 2020-11-18T22:00:00Z e88b7f4c-235f-4abd-90b5-01333d695a82 https://www.webberwentzel.com//News/Pages/the-cipc-revokes-temporary-covid-19-relaxation-measures.aspx The Companies and Intellectual Property Commission (CIPC) has announced that the temporary relaxation measures granted to companies during the national lockdown will lapse on 1 December 2020. 2020-11-16T22:00:00Z bdce9543-9059-4bab-84fa-d6cce9140c8e https://www.webberwentzel.com//News/Pages/insider-trading-recent-fines-imposed-by-the-fsca.aspx Recent significant fines imposed by the FSCA on Jooste and others for trading on inside information have highlighted the extensive powers contained in the Financial Markets Act and the dangers of insider trading 2020-11-08T22:00:00Z 2361432d-8c40-4b46-9baa-421f7ce30d2e https://www.webberwentzel.com//News/Pages/advertising-regulatory-board-requires-adverts-and-commercials-to-toe-the-line-with-covid-19-regulations.aspx In a recent decision by the Advertising Regulatory Board against FlySafair, the board found that compliance with Covid-19 regulations extends to "make-believe" marketing initiatives such as advertisements or commercials 2020-11-04T22:00:00Z 1111b4bc-5122-4550-902f-1dfae01ed3e3 https://www.webberwentzel.com//News/Pages/playing-safely-with-personal-information-inside-a-regulatory-sandbox.aspx Artificial Intelligence (AI) is driving innovation; with data a critical component to enabling AI. Data often includes personal information which may raise issues from a data protection laws perspective. Sandboxes may, however, create safe spaces for technology innovators. 2020-10-26T22:00:00Z b03d7f15-4635-4b2b-925e-e8c6cbb9af77 https://www.webberwentzel.com//News/Pages/smart-contracts-adoption-could-be-tripped-up-by-legal-validity-and-privacy-laws-concerns.aspx Covid-19 forced businesses to accelerate the rate at which they adopt and adapt to, technological change. Many businesses are looking to conclude agreements by taking advantage of technology platforms that promise efficiency and cost-savings; including using smart contracts. 2020-10-25T22:00:00Z e5bdf8a8-fbc2-49a5-b3d4-e068b9e896e0 https://www.webberwentzel.com//News/Pages/cyber-attacks-call-for-rapid-response-and-strategic-leadership.aspx As the experts say, it is not a question of “if” but “when” a cyber-attack will occur in your organisation. Organisations should be preparing their strategy now in the event of a cyber-attack, given the rise in such events 2020-10-22T22:00:00Z cbf9f97b-9736-41b8-b1a3-b28eef4fe13c https://www.webberwentzel.com//News/Pages/level-1-lockdown-regulations-key-considerations-for-employers.aspx Government has published new regulations on the alert level 1 lockdown which took effect at 00h01 on Monday, 21 September 2020. 2020-10-11T22:00:00Z e6f7b80f-6fa2-43ce-bab7-5b42676dd4eb https://www.webberwentzel.com//News/Pages/resigning-after-disciplinary-action-but-before-sanction-what-is-the-legal-effect.aspx The Labour Court in a recent judgment considered whether an employee who has been found guilty of serious misconduct can avoid the ultimate sanction of dismissal by resigning before the employer imposes the sanction. 2020-10-06T22:00:00Z cbd1ace3-49c7-40de-9cc9-7e4f5dbd68b8 https://www.webberwentzel.com//News/Pages/intolerability-is-a-high-standard-new-labour-court-decision-on-constructive-dismissal.aspx In a recent judgment, the Labour Court confirmed that intolerability is a high threshold in constructive dismissal matters. Intolerability is more than a working environment or working under employment conditions that are difficult, unpleasant or stressful. 2020-09-30T22:00:00Z 7a7b3b46-ee63-407f-b14e-52d612efd164 https://www.webberwentzel.com//News/Pages/the-early-bird-catches-the-worm.aspx Early dismissal procedures can be used in international arbitration to dispose of defective claims and defences, without incurring the costs of a full hearing. 2020-09-28T22:00:00Z 4fac5471-bfe9-4909-bde4-21d57cba9690 https://www.webberwentzel.com//News/Pages/sars-stand-in-line-how-tax-debts-rank-in-business-rescue.aspx A company in financial distress may have a variety of outstanding tax debts at the commencement of business rescue. 2020-09-22T22:00:00Z 60cb7d87-09b4-4dcd-b226-b364bb38d5c5 https://www.webberwentzel.com//News/Pages/recent-uk-supreme-court-decision-may-impact-global-frand-licensing.aspx A recent decision by the UK Supreme Court on FRAND licences may initially appear to favour owners of standards essential patents and stimulate global FRAND licensing, but could in the longer term have the opposite effect 2020-09-20T22:00:00Z 744c6ce4-7f8f-4fe3-878c-3407b634f414 https://www.webberwentzel.com//News/Pages/relaxation-of-loop-structures-but-at-what-tax-cost.aspx The envisaged future relaxation of the prohibition on “loop structures” will be accompanied by amended tax laws, but current proposals are likely to result in more tax on certain structures 2020-09-20T22:00:00Z 49087220-3e0a-4b5b-a421-37bc5297f656 https://www.webberwentzel.com//News/Pages/jse-guidance-on-effective-communication-with-investors.aspx The JSE has identified focus areas for listed companies to consider when raising capital to weather the Covid-19 crisis, including the amount of information they need to disclose 2020-09-16T22:00:00Z a4aa63f8-7713-441f-a459-6a994464ca62 https://www.webberwentzel.com//News/Pages/How-to-navigate-a-transfer-pricing-audit-to-a-mutually-unacceptable-outcome.aspx Transfer pricing audits can be onerous, but taxpayers can achieve a more successful outcome by providing all information requested, anticipating areas of concern, and engaging openly with SARS 2020-09-16T22:00:00Z 553709bb-b668-4368-858a-4271ccf7c23c https://www.webberwentzel.com//News/Pages/draft-code-of-practice-on-violence-and-harassment-in-the-workplace-published.aspx The Minister of Employment & Labour has published for comment a Draft Code of Practice on the Prevention and Elimination of Violence and Harassment in the World of Work. 2020-09-14T22:00:00Z 5fd3d896-c139-4316-a3f4-e419a2bd02fd https://www.webberwentzel.com//News/Pages/want-to-withdraw-retirement-funds-on-emigration-national-treasury-and-sars-say-try-again-in-3-years-time.aspx The National Treasury published the Draft Taxation Laws Amendment Bill, 2020 (Draft Tax Bill) for public comment. 2020-09-03T22:00:00Z 8edbadaf-2863-44e0-a76f-da7a39d8b937 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 6aebbf80-42fe-45a1-8df4-bf074c882060 https://www.webberwentzel.com//News/Pages/eap-registration-deadline-extended-to-8-february-2022.aspx The Minister of Environment, Forestry and Fisheries has announced that Environmental Assessment Practitioners will have until 8 February 2022 to register with the Environmental Assessment Practitioners Association of South Africa. 2020-08-27T22:00:00Z 864ea49a-ed27-4598-98a1-314881ef82a0 https://www.webberwentzel.com//News/Pages/life-in-a-remote-world-tax-enforcement-in-transfer-pricing.aspx The unusual business conditions of the Covid-19 outbreak will require a more flexible approach from tax authorities when analysing transfer pricing in the 2020 year of assessment 2020-08-24T22:00:00Z 9e367bc2-7d7d-49d8-b874-6f065e4f3cd4 https://www.webberwentzel.com//News/Pages/lockdown-level-2-regulations-explained.aspx Since government announced a move to level 2 lockdown – employers will be grappling with a new norm. This infographic provides a useful overview of the key aspects of level 2. 2020-08-19T22:00:00Z bd41b4eb-f3e0-49f6-abd1-faa10dfb4a32 https://www.webberwentzel.com//News/Pages/focus-on-quality-education-and-skills-development-to-create-an-inclusive-sa-economy.aspx The B-BBEE Commission’s latest report on trends shows an overall decline in black economic empowerment across almost all measured elements. 2020-08-18T22:00:00Z f8373f22-4a2e-4155-ae41-a74b4291cfa4 https://www.webberwentzel.com//News/Pages/popia-what-employers-need-to-know.aspx The Protection of Personal Information Act 4 of 2013 (POPIA) which came into force on 1 July 2020 places several obligations on employers in terms of managing employees personal information; it also gives certain rights to privacy to employees. 2020-08-17T22:00:00Z e1e99271-73d8-4e48-a88a-c0d7ee54611a https://www.webberwentzel.com//News/Pages/ters-new-direction-published.aspx A new direction which regulates the extension of C-19 TERS benefits for the extended application period (1 July - 15 August 2020) was published on 13 August 2020. 2020-08-16T22:00:00Z 4ac08731-8fea-43d5-a747-4a7ec9f8b052 https://www.webberwentzel.com//News/Pages/depressed-employees-dismissal-is-not-automatically-unfair.aspx Depression is an important issue, with about 264 million people suffering from depression according to The World Health Organisation. 2020-08-16T22:00:00Z 963cdc74-6a60-4657-bc30-e7a412d26e33 https://www.webberwentzel.com//News/Pages/artificial-intelligence-has-popia-implications.aspx Organisations using personal data in artificial intelligence applications need to manage it carefully to ensure they remain compliant with POPIA 2020-08-12T22:00:00Z 1921bf63-cb89-407b-9eb3-7ef9345f8bcd https://www.webberwentzel.com//News/Pages/psychological-testing-and-other-similar-assessments-of-employees-an-update.aspx Three years after a relevant High Court ruling, a draft amendment to the Employment Equity Act proposes removing the requirement for HPCSA certification of psychological and other similar employee tests 2020-08-11T22:00:00Z 5153fadd-05b0-4825-84fa-9e53eb92a6a6 https://www.webberwentzel.com//News/Pages/covid-19-new-directions-on-isolation-and-quarantine-periods.aspx Recent amendments to Department of Health directions reduce the isolation period for Covid-19, provide new definitions and set out the criteria government will use to determine different alert levels 2020-08-11T22:00:00Z 7ae9a14c-c355-448f-809d-dc671310eee1 https://www.webberwentzel.com//News/Pages/catching-covid-19-at-work.aspx The Department of Employment and Labour has issued revised guidelines on how to submit claims to the Compensation Fund for Covid-19 contracted in the workplace. 2020-08-03T22:00:00Z de411eb3-944d-4814-9717-af95e6fa2579 https://www.webberwentzel.com//News/Pages/b-bbee-commission-releases-2019-national-status-and-trends-report.aspx The B-BBEE Commission’s latest report on empowerment trends in 2019 shows an increase in black ownership, but this is not necessarily reflected in management control scores 2020-08-02T22:00:00Z 04db71f5-d288-465f-bcbf-5a97ef99c1b7 https://www.webberwentzel.com//News/Pages/TERS-8-Key-Updates-For-Employers.aspx The South African Institute of Chartered Accountants (SAICA) hosted a webinar on 30 July 2020 with UIF representatives to discuss the status of TERS. The following is a summary of key points discussed at the webinar. The information below is not yet confirmed by gazetted notices or media statements on the DEL website. If necessary, we will update the information below when these notices or statements are available. 2020-07-30T22:00:00Z 0786c882-b691-4f33-850d-1c5508d19b7d https://www.webberwentzel.com//News/Pages/employment-equity-amendment-bill-to-be-introduced-in-the-national-assembly.aspx On 20 July 2020, the Department of Employment and Labour gazetted the Employment Equity Amendment Bill (EEAB). The EEAB will shortly be formally introduced in the National Assembly. 2020-07-28T22:00:00Z 749d471b-b749-4386-9d2f-390b73e45776 https://www.webberwentzel.com//News/Pages/auto-assessments-and-the-shorter-tax-filing-season.aspx This year, taxpayers should be aware that SARS will be assessing a number of non-provisional taxpayers automatically and has also shortened the 2020 tax filing season 2020-07-23T22:00:00Z 292c6964-2616-44cf-839c-2e365bf99807 https://www.webberwentzel.com//News/Pages/popia-information-regulator-invites-comment-on-the-draft-guidelines-relating-to-the-registration-of-information-officers.aspx Now that the Protection of Personal Information Act, 2013 (POPIA) has commenced, the Information Regulator may be issuing various notices and other guideline documents to give meaning to POPIA. 2020-07-20T22:00:00Z 72c2192b-0499-4c64-ba26-de2169259c30 https://www.webberwentzel.com//News/Pages/deductions-available-for-commission-earners.aspx Commission earners could make an argument to SARS that they should be allowed to deduct their normal range of business expenses, even if commission is no longer more than 50% of their total remuneration under the exceptional circumstances of the Covid-19 pandemic. 2020-07-19T22:00:00Z 98ff0a2e-6e56-4d09-a239-4b173afd3fb9 https://www.webberwentzel.com//News/Pages/new-level-3-lockdown-regulations.aspx We highlight in this infographic some key considerations for employers related to these new regulations. 2020-07-19T22:00:00Z 11ed136e-f8c8-4c91-9598-b2c5e3f163a3 https://www.webberwentzel.com//News/Pages/popia-unpacked-what-you-need-to-know.aspx After years of start and stops - virtually all the operational provisions of the Protection of Personal Information Act 4 of 2013 (POPIA) finally came into force on 1 July 2020. 2020-07-16T22:00:00Z 6ea6b554-74d1-4d6c-a864-1a8942e6cbc4 https://www.webberwentzel.com//News/Pages/data-breaches-and-popi-nowhere-to-hide.aspx The POPI clock is now ticking and everyone should be aware of what is required by these new laws. 2020-07-15T22:00:00Z 2172eef1-f877-4360-ace0-8c5f0363ff1b https://www.webberwentzel.com//News/Pages/working-together-to-keep-workplaces-open-and-safe-through-covid-19.aspx To assist business, five reputable institutions have come together to identify key challenges and risk areas and providing legally compliant, practically implementable solutions based on best in class clinical and engineering input. 2020-07-15T22:00:00Z a8da0657-fb89-4a39-9b24-7161eecb6eb9 https://www.webberwentzel.com//News/Pages/new-labour-appeal-court-decision-on-pregnancy-discrimination.aspx In a recent decision, the Labour Appeal Court (LAC) found that a mining house unfairly discriminated against an employee on the grounds of pregnancy. 2020-07-14T22:00:00Z e6c860b4-baad-4baf-97cb-4e8b0c5129f7 https://www.webberwentzel.com//News/Pages/temporary-respite-for-companies-trading-in-insolvent-circumstances.aspx Many companies may be trading in insolvent circumstances, potentially in contravention of the Companies Act 71 of 2008. 2020-07-14T22:00:00Z c1cad3d2-0243-4203-ae44-23031d166dcf https://www.webberwentzel.com//News/Pages/who-can-hold-directors-accountable-for-breach-of-their-duties.aspx This insight looks at two recent South African court cases that considered the rights of shareholders to hold directors accountable for breaching their fiduciary duties. 2020-07-08T22:00:00Z 0497d065-cf84-4a4c-92fb-64a3edfe3613 https://www.webberwentzel.com//News/Pages/june-applications-for-c-19-ters-are-now-open.aspx The UIF has opened June applications for TERS. Visit www.uifecc.labour.gov.za/covid19 to apply. 2020-06-23T22:00:00Z f918070f-d84b-4e8a-9e35-09adcdf8a3a4 https://www.webberwentzel.com//News/Pages/examining-the-impact-of-selling-restrictions-in-b-bbee-transaction-documents.aspx Restrictions on the sale of a Broad-Based Black Economic Empowerment (B-BBEE) shareholder's interest in a company is often a contentious point of negotiation in a B-BBEE transaction. 2020-06-23T22:00:00Z 8aabe6e2-51ee-4dd8-a32f-e399df1c5279 https://www.webberwentzel.com//News/Pages/Recent-High-Court-decision-wrong-no-work-no-pay-principle-during-lockdown-upheld-by-Labour-Court.aspx In a recent judgment, the South Gauteng High Court placed two Johannesburg restaurants into business rescue after they failed to pay employee salaries during lockdown. The court did not accept the restaurants' defence that it could not pay salaries due to the impact of the nationwide lockdown. In summary, this High Court judgment is not correct, employers who applied the no work no pay principle during lockdown and who claimed TERS benefits for their employees should not be distressed about their course of action, which was correct. 2020-06-22T22:00:00Z 223aa667-27b8-41a9-87d8-25496058512f https://www.webberwentzel.com//News/Pages/Tick-tock-The-POPI-countdown-will-commence-on-1-July-2020.aspx Virtually all of the remaining provisions of the Protection of Personal Information Act 4 of 2013 (POPIA) are finally set to commence according to an announcement by President Ramaphosa this morning, 22 June 2020. The announcement comes after an almost 6 year wait since April 2014, when certain provisions of POPIA commenced, such as those provisions that established the office of the Information Regulator, and set out the office's powers, functions and duties, as well as those provisions which enable the Minister to make various regulations under POPIA. 2020-06-21T22:00:00Z 41c767ce-183b-4de6-a3ea-4c5d12cfb86d https://www.webberwentzel.com//News/Pages/business-rescue-and-liquidation-have-consequences-for-intellectual-property.aspx Intellectual property is often overlooked when a business is compelled to seek business rescue or liquidation but it may form a valuable asset, requiring decisions to be made on whether to sell it or maintain it. 2020-06-08T22:00:00Z bfad75bd-5c81-443d-b6e8-dae66b6456fc https://www.webberwentzel.com//News/Pages/covid-19-temporary-exemption-from-holding-physical-general-meetings-to-help-companies-raise-capital.aspx During the Covid-19 crisis, issuers are facing challenges in holding the general meetings which are required in a number of instances under the Listings Requirements of the JSE Limited. 2020-06-07T22:00:00Z 959431bb-198f-4913-a66b-a1bad6f2d29c https://www.webberwentzel.com//News/Pages/business-rescue-offers-a-framework-not-a-solution.aspx South African businesses under pressure from the Covid-19 effects may be tempted to apply for business rescue, but the process has a better chance of success if the board takes early steps to find solutions 2020-06-01T22:00:00Z 92c017f3-6395-42f2-b5df-17b39039e75e https://www.webberwentzel.com//News/Pages/implications-of-the-new-policy-objectives-of-the-competition-act.aspx A number of fundamental changes to the Competition Act demonstrate government's strengthened policy commitment to drive radical economic transformation in South Africa, and are likely to be more regularly used in the midst of Covid-19. 2020-06-01T22:00:00Z eb5d1a8e-501d-4ce2-80e4-5a33b6da27d6 https://www.webberwentzel.com//News/Pages/10-Key-Considerations-For-Employers---Moving-into-Level-3-Lockdown-on-1-June-2020.aspx As South Africa faces lockdown level 3 lockdown, government has published amendments to the lockdown regulations. We set out in this infographic, 10 key considerations employers need to be aware of. 2020-05-31T22:00:00Z eea8a78b-2b02-4960-ad4d-8c83a9e83e2e https://www.webberwentzel.com//News/Pages/covid-19-companies-in-financial-distress-practical-m-a-considerations-in-restructuring.aspx The Covid-19 Lockdown has battered the already ailing South African economy. Despite the pending lift of the Lockdown, companies will likely battle to stay afloat as the full impact of the pandemic plays out. 2020-05-25T22:00:00Z 5332c8a9-fe97-4c7a-8706-db96e055ed4e https://www.webberwentzel.com//News/Pages/covid-19-emergency-measures-and-investor-state-arbitration-claims.aspx The unprecedented nature of the Covid-19 pandemic has re-kindled debates around the appropriateness of investor-state dispute settlement (ISDS) provisions in bi- and multi-lateral investment treaties. This article unpacks the key issues around the debate. 2020-05-25T22:00:00Z b0c999bd-d65d-448b-9ab4-2127418bf2bf https://www.webberwentzel.com//News/Pages/covid-19-tax-relief-measures-and-a-time-concessions.aspx The following is a summary of the Revised Draft Disaster Management Tax Relief Bill and Revised Draft Disaster Management Tax Relief Administration Bill, Draft Explanatory Memorandum, National Treasury Media Statement and Draft rule amendments of the Customs and Excise Act 1964. 2020-05-21T22:00:00Z ea43ba72-b1fc-4533-b847-eefeb9318b11 https://www.webberwentzel.com//News/Pages/covid-19-cipc-recognises-rusiness-rescue-filings-made-during-initial-lockdown-period.aspx Under the Companies Act, 2008, a business rescue initiated by the board of a company only formally starts once the necessary resolution is filed with the Companies and Intellectual Property Commission. 2020-05-10T22:00:00Z 41b04c50-3277-4176-8d3c-d453eac67793 https://www.webberwentzel.com//News/Pages/learning-from-edcons-misfortunes.aspx Edcon, one of southern Africa’s largest non-food retailers, which has operated for 90 years, has been placed in business rescue. This has significant consequences for retail in South Africa as well as for many stakeholders, including thousands of employees, creditors and shareholders. 2020-05-06T22:00:00Z cef6ce95-13d9-4029-90ad-0b443ac1d3f9 https://www.webberwentzel.com//News/Pages/covid-19-how-to-manage-place-of-effective-management-tax-risk-during-lockdown.aspx Covid-19 is only anticipated to peak in South Africa (SA) in September 2020, with international air travel only being permitted once the current lockdown restrictions are reduced to Level 1. 2020-05-05T22:00:00Z 336d92c5-9b9e-4cac-9eb9-07dda0c2d909 https://www.webberwentzel.com//News/Pages/covid-19-and-downgrades-directors-duties-unpacked.aspx During grappling with a nationwide lockdown to curb the spread of Covid-19 South Africa's credit rating was also downgraded to below investment grade by Moody's Investors Service. 2020-05-04T22:00:00Z c6190110-b3c5-4b3a-9bc6-35d76fbb6b01 https://www.webberwentzel.com//News/Pages/covid-19-ters-5-important-updates.aspx Since the launch of TERS, there has been (almost) daily changes introduced by the Unemployment Insurance Fund. 2020-04-29T22:00:00Z 09847406-d39a-4f51-a3f3-b8fe50205c91 https://www.webberwentzel.com//News/Pages/planning-for-a-safe-return-to-work-all-risks-considered.aspx Government has announced the implementation of a risk-adjusted strategy in easing the nationwide lockdown. This strategy entails the use of a system of alert levels applicable nationally and provincially. 2020-04-23T22:00:00Z 5fa892df-efb5-4458-8a44-b8f1bd0b2084 https://www.webberwentzel.com//News/Pages/covid-19-arbitration-may-avert-the-massive-court-backlogs.aspx South African courts already face massive issues related to backlogged matters. Court closures and hearing of limited matters to flatten the Covid-19 curve will raise further delays in resolving disputes. 2020-04-22T22:00:00Z d1a74ef6-9ce6-4931-82d4-040c5de1a380 https://www.webberwentzel.com//News/Pages/covid-19-relief-for-jse-listed-companies-in-relation-to-certain-financial-reporting-obligations.aspx The ability of listed companies to meet their financial reporting obligations has, in many instances, been severely impacted by the Covid-19 crisis. 2020-04-15T22:00:00Z 7ebfa369-7377-4787-b14a-e8ff916c54ec https://www.webberwentzel.com//News/Pages/maintaining-good-corporate-governance-during-extraordinary-times.aspx The Covid-19 pandemic and emergency measures taken by the South African Government have caused unprecedented business disruption. 2020-04-08T22:00:00Z 8f25b8b7-f49d-4610-9b57-620f7e4839e8 https://www.webberwentzel.com//News/Pages/webber-wentzel-uses-technology-to-resolve-disputes-throughout-covid-19-lockdown.aspx Webber Wentzel is encouraging its clients to use its technology tools and capability to progress and resolve disputes during the Covid-19 lockdown, rather than postpone matters indefinitely. 2020-04-07T22:00:00Z 0c0ff6f4-f8f1-40ed-924f-7ff9d2185fdb https://www.webberwentzel.com//News/Pages/covid-19-lockdown-laws-the-unanswered-questions.aspx What happens if specific time limits are imposed for action to be taken in terms of acts, by-laws, regulations, policies and other instruments and adherence to these time limits is impacted by the lockdown? 2020-04-01T22:00:00Z dda27577-bb6b-41b1-bb6f-35d48ada1970 https://www.webberwentzel.com//News/Pages/Covid-19-tax-relief-proposed-by-the-president.aspx The address by President Cyril Ramaphosa on Monday, 23 March 2020, set out certain fiscal relief measures to help small and medium enterprises and vulnerable firms mitigate cash flow constraints as a consequence of the COVID-19 outbreak. 2020-03-25T22:00:00Z 67f47352-d7d4-4f3f-ba2b-e985df5c63a3 https://www.webberwentzel.com//News/Pages/covid-19-electronic-signatures-in-lockdown-times.aspx In business, handwritten signatures are required on nearly every document. However, in the wake of the Covid-19 outbreak it has become almost impossible to obtain multiple original handwritten signatures on the same document. 2020-03-25T22:00:00Z 25fc0a87-ba61-4aaf-96e1-39822ab535bd https://www.webberwentzel.com//News/Pages/covid-19-closed-trade-marks-designs-patents-and-copyright-offices-raise-further-risk-for-the-economy.aspx One only has to look back in history to appreciate the extent to which necessity is indeed the mother of invention. 2020-03-25T22:00:00Z 055e1988-53a7-4fce-8cd0-0576008d91eb https://www.webberwentzel.com//News/Pages/covid-19-assessing-risk-patent-infringements-in-public-healthcare-emergencies.aspx Patented technology holds the key to many solutions that assist medical professionals daily in the diagnosis and treatment of patients. 2020-03-25T22:00:00Z 2b013517-05d2-4a28-92ad-4e0ae9087bc6 https://www.webberwentzel.com//News/Pages/covid-19-competition-and-consumer-law-developments-affect-consumer-and-healthcare-sectors.aspx On 19 March 2020, the Minister of Trade and Industry published the COVID-19 Block Exemption for the Healthcare Sector and the Consumer and Customer Protection and National Disaster Management Regulations and Directions under the Competition Act, 1998, the Consumer Protection Act, 2008 and the regulations issued in terms of the Disaster Management Act, 1957 on 15 March 2020 in terms of which COVID-19 was declared a national disaster. 2020-03-19T22:00:00Z 21c8ea7b-8168-4595-b994-8ec1640d2e98 https://www.webberwentzel.com//News/Pages/covid-19-and-business-interruption-are-you-covered.aspx The out-break of Covid-19, which originated in China and has since spread to most of the world, is one of the most serious threats to public health in recent times. 2020-03-16T22:00:00Z 2780c848-5a7f-4063-af80-3b3c0ed11685 https://www.webberwentzel.com//News/Pages/companies-prepare-for-the-cipcs-new-compliance-checklist.aspx The Companies and Intellectual Property Commission has introduced a new requirement for all South African companies to declare their compliance with specific sections of the Companies Act 2008 by completing and submitting a compliance checklist online. 2020-02-12T22:00:00Z ee09cfb2-23d5-40d2-bc6b-dd4301d2e336 https://www.webberwentzel.com//News/Pages/commencement-the-protection-of-personal-information-act-.aspx The Information Regulator has requested that the President declare that the remaining provisions of the Protection of Personal Information Act commence on 1 April 2020. 2020-01-26T22:00:00Z 4911f88a-4248-4ee0-ae71-7c51c3c0068d https://www.webberwentzel.com//News/Pages/reflections-on-2019-and-key-insights-for-2020.aspx Each year we publish a South Africa - Year in Review and Year to Come 2019/2020 insights piece with our alliance partner, Linklaters. 2020-01-08T22:00:00Z 05f85156-c289-43b6-956c-274e428cae9c https://www.webberwentzel.com//News/Pages/key-takeaways-from-our-spotlight-on-angola-and-mozambique-event.aspx Mozambique will experience major economic development and growth as a result of the natural gas finds in the north of the country, Webber Wentzel’s senior partner Christo Els told a Webber Wentzel/Linklaters client seminar in Sandton. 2019-11-26T22:00:00Z 58691e96-97bf-4d19-a2da-97d421a53e67 https://www.webberwentzel.com//News/Pages/understanding-the-obligation-on-shareholders-regulated-companies-to-disclose-information-related-to-beneficial-shareholders.aspx Private companies that are "regulated companies", as well as the shareholders of such regulated private companies, are required to comply with additional disclosure and reporting obligations as set out in the Companies Act for as long as the company is regulated. 2019-11-10T22:00:00Z 955f6a5c-438d-4e6c-b44b-9ac51e612446 https://www.webberwentzel.com//News/Pages/selecting-a-best-fit-cloud-solution-for-a-business.aspx The multitude of benefits that a business can reap from the correct implementation of cloud services has been well publicised and accordingly, many businesses are taking the decision to either, move business operations in their entirety to cloud platforms. 2019-10-31T22:00:00Z b0f24a81-72a8-42f7-8fad-a406f5e235d1 https://www.webberwentzel.com//News/Pages/webber-wentzel-bolsters-its-leading-insurance-offering.aspx Webber Wentzel has for many years been considered a leader in the insurance field. 2019-10-27T22:00:00Z ebd8f4c4-0a5d-4756-b756-b403bd005c2d https://www.webberwentzel.com//News/Pages/webber-wentzel-is-african-law-firm-of-the-year-at-the-african-legal-awards.aspx Webber Wentzel received the coveted African Law Firm of the Year award at the 2019 African Legal Awards on Friday, 6 September 2019. 2019-09-08T22:00:00Z 6ba2a75c-5879-4ccf-9d7c-0b0a76140bb4 https://www.webberwentzel.com//News/Pages/catch-up-with-competition-law-now-august-2019.aspx The Competition Tribunal conditionally approved the merger between Mosstrich (Pty) Ltd and Klein Karoo International (Pty) Ltd. The merger was initially prohibited by the Competition Commission. 2019-08-29T22:00:00Z fad1f250-d4cc-457d-8218-afc64fd50fb6 https://www.webberwentzel.com//News/Pages/4ir-and-south-africa.aspx The Fourth Industrial Revolution (4IR) is upon us. 4IR is affecting all levels of society, including the world of work. 2019-08-20T22:00:00Z c049d4ce-0897-475a-bde1-2a01472f8104 https://www.webberwentzel.com//News/Pages/catch-up-with-competition-law-now-july-2019.aspx Competition Appeal Court dismisses two collusion matters, Constitutional Court dismisses predatory pricing case against Media24, East African Community Competition Authority finalises strategic plans, our recent work and more. 2019-08-04T22:00:00Z cbd49c97-29a9-4085-ade9-d4168e18d03a https://www.webberwentzel.com//News/Pages/do-snitches-get-stitches.aspx All employers, employees and trade unions will need to be aware of the Constitutional Court's recent Dunlop decision which has clarified much of the uncertainty around how derivative misconduct is applied in the workplace. 2019-07-28T22:00:00Z 166ca4ec-5196-4f37-81a5-59dccb8cdb93 https://www.webberwentzel.com//News/Pages/upcoming-compliance-dates-to-diarise.aspx There are a number of important upcoming environmental law related compliance dates to diarise. 2019-07-21T22:00:00Z 8823c40f-e949-451a-bcd0-06d3ef810160 https://www.webberwentzel.com//News/Pages/partial-commencement-of-the-competition-amendment-act-2018.aspx Certain sections of the Competition Amendment Act 2018 (the Amendment Act) have come into effect today, 12 July 2019 by the publication of Proclamation No. 46 of 2019 in Government Gazette No. 42578. 2019-07-11T22:00:00Z 8183f71e-b4a5-468e-bae3-ee09b23aeedd https://www.webberwentzel.com//News/Pages/key-developments-across-africa-in-the-first-half-of-2019.aspx Although we are only halfway through the year, there have already been significant competition law developments across Africa. A number of new authorities have become operational and various legislative changes have been effected, impacting the competition law landscape in several jurisdictions. 2019-07-04T22:00:00Z bbfe8a08-8020-45e4-948d-a71ca00bfb0f https://www.webberwentzel.com//News/Pages/beware-employers-you-can-no-longer-discipline-an-employee-after-a-resignation-with-immediate-effect.aspx Employees often resign with immediate effect when facing disciplinary action. Employers may be unsure whether they can continue with an intended disciplinary action? 2019-07-03T22:00:00Z c9ed14b4-133b-4cd5-a5d5-48c8eec213bf https://www.webberwentzel.com//News/Pages/catch-up-with-competition-law-now-june-2019.aspx The Competition Tribunal (Tribunal) issued an administrative penalty of approximately ZAR16 million against Uniplate Group (Pty) Ltd (Uniplate) for abusing its dominance. 2019-06-30T22:00:00Z 5634a93b-276b-47e0-ae16-5025a5e7268a https://www.webberwentzel.com//News/Pages/assessing-legal-risks-in-the-move-to-cloud.aspx With the fourth industrial revolution in full swing, businesses are looking for faster and more efficient ways to service customers. Customers are also increasingly tech-savvy and demand more from their service providers, including quicker access and more tailored offerings. 2019-06-24T22:00:00Z 23c48c15-ec0d-4cd5-95af-3e1a4c202a0c https://www.webberwentzel.com//News/Pages/navigating-merger-control-complexities-in-africa.aspx Merger control complexities in Africa can undermine the commercial value of a proposed transaction - we take a look at some of the potential stumbling blocks to doing business in Africa. 2019-06-20T22:00:00Z fa7671d0-8ee8-4d6d-9ab9-2e80820e8fa0 https://www.webberwentzel.com//News/Pages/amendments-to-the-amended-generic-codes-of-good-practice-on-b-bbee.aspx On 9 April 2019, the Minister of Trade and Industry signed four amendments to the Amended Generic B-BBEE Codes of 2013 (Codes). 2019-06-02T22:00:00Z 8105628e-118b-43d3-8724-0f87aee7a35e https://www.webberwentzel.com//News/Pages/navigating-the-administrative-regime-of-the-carbon-tax-act.aspx The Carbon Tax Act 15 of 2019 (Carbon Tax Act), the Customs and Excise Act 91 of 1964 (Customs Act) and the Customs and Excise Amendment Act 13 of 2019 (Customs Amendment Act) pose numerous uncertainties on the road to implementation of carbon tax. 2019-05-29T22:00:00Z 37d2b2bb-e78a-41f6-827c-41fb79723776 https://www.webberwentzel.com//News/Pages/carbon-tax-laws-effective-from-1-june-2019-business-be-warned-.aspx On 22 May 2019, President Cyril Ramaphosa assented to the long-awaited Carbon Tax Act, 2019, which was gazetted on 23 May 2019. 2019-05-23T22:00:00Z f7914c3a-0c1d-44da-82fb-9db3c899fab2 https://www.webberwentzel.com//News/Pages/dont-speak-ill-of-your-employer-in-public-it-may-get-you-fired.aspx In a recent matter the Labour Court considered the dismissal of three employees who made disparaging statements about their employer on public radio. 2019-05-19T22:00:00Z 4d74e8ae-25c7-48fa-8163-723add72ae96 https://www.webberwentzel.com//News/Pages/sars-clarifies-what-transport-services-rendered-by-the-employer-means.aspx To assist employers and employees with over-coming transport-related difficulties, the Income Tax Act, 1962 (the Act) introduced a mechanism to allow employers to provide transport services to their employees and that, although qualifying as a taxable fringe benefit in the employees' hands, no taxable value was given to such benefit. 2019-05-12T22:00:00Z 74c59c3a-a72f-4089-9517-a267cd933160 https://www.webberwentzel.com//News/Pages/jse-proposes-changes-to-listings-requirements-to-strengthen-regulation-of-primary-listings.aspx On 12 April, the JSE published for comment proposed amendments to its Listings Requirements to strengthen the regulation of primary listings and secondary listings. 2019-04-29T22:00:00Z a2b1a5ff-09a4-4dc8-a5cf-df73fe628a1b https://www.webberwentzel.com//News/Pages/higher-penalties-on-the-cards-for-failing-to-notify-mergers.aspx When faced with legislation that requires parties to take certain steps or prevents them from implementing a particular course of action, the questions often asked include "what are the consequences and who will be liable to pay?" 2019-04-09T22:00:00Z 50ab0505-5e1e-4d4a-81be-0a44b3896c28 https://www.webberwentzel.com//News/Pages/loot-box-systems-is-it-gambling.aspx Whenever you think about gambling you usually imagine yourself hitting the jackpot at a slot machine in the casino. However, what if gambling covered more than just a chance at winning a tangible prize? Does South African law recognise the possibility of gambling for virtual-items? 2019-03-12T22:00:00Z f8de1cad-13ef-4d5d-a321-ba3841d93711 https://www.webberwentzel.com//News/Pages/smart-contracts-vs-traditional-contracts-same-but-different.aspx Smart contracts mark the evolution of the binding contract from a set of terms and conditions, governed by the common law, into a set of conditional statements governed by a programming language and the tenets of blockchain technology. 2019-03-12T22:00:00Z 6603236a-6cde-4264-8017-2af1db43bed6 https://www.webberwentzel.com//News/Pages/understanding-the-exemption-to-the-new-national-minimum-wage.aspx The National Minimum Wage Act 9 of 2018 (NMWA) came into operation on 1 January 2019. The Minister of Labour also released the National Minimum Wage Regulations, 2018 (Regulations) which came into operation on 1 January 2019. 2019-01-16T22:00:00Z 37c07448-6b88-4477-8149-5ef0664fdd9c https://www.webberwentzel.com//News/Pages/webber-wentzel-publishes-insights-pieces-looking-at-key-legal-and-regulatory-developments-for-2018-2019.aspx Webber Wentzel together with its alliance partner, Linklaters, recently published a Year in Review and Year to Come 2018/2019 insights piece. This publication highlights significant legal and regulatory developments that took place in South Africa during 2018, and expected changes for 2019. 2019-01-14T22:00:00Z 1bbcb3dd-0cb6-4663-b2ce-ecc413ff138a https://www.webberwentzel.com//News/Pages/revised-carbon-tax-bill-introduced-to-parliament.aspx Last week the Minister of Finance introduced the revised Carbon Tax Bill (Bill) to Parliament. The Bill takes into account feedback received during the Parliamentary hearings on the December 2017 draft Bill that took place earlier this year. The Bill aims to give effect to South Africa's objectives and commitments to reduce greenhouse gas (GHG) emissions under the National Climate Change Response Policy and the Paris Agreement, respectively. 2018-11-27T22:00:00Z db96ef36-0e93-49cd-9500-354f930c67a9 https://www.webberwentzel.com//News/Pages/the-launch-of-webber-wentzel-alert.aspx Webber Wentzel is excited to announce the launch of “Webber Wentzel Alert”, an online tool designed to launch a co-ordinated legal emergency response at the click of a button in the event of a search and seizure by the police and/or other regulatory authorities (commonly known as "a dawn raid"). 2018-09-28T22:00:00Z 3e04c00b-ba00-4198-8dd4-5ee412042cd6 https://www.webberwentzel.com//News/Pages/catch-up-with-competition-law-now-august-2018.aspx Public hearings to discuss the Competition Amendment Bill, 2018 (the Bill) took place in Parliament on 28 and 29 August 2018. Our recent client alert setting out the key amendments proposed by the Bill is available here. Comprehensive submissions were made by various stakeholders such as the Law Society of South Africa, the Black Business Council, COSATU, Business Unity South Africa and Section 27. We will keep you updated on all further developments. 2018-09-05T22:00:00Z 2ee7d2f5-9e12-4bf0-bef2-582f5245a904 https://www.webberwentzel.com//News/Pages/catch-up-with-competition-law-now-webber-wentzel-july-2018.aspx The Portfolio Committee on Economic Development has invited the public to submit written comments on the Competition Amendment Bill 2018 (the Bill) by 17 August 2018. Public hearings to discuss the Bill will also be held in Parliament on 28 and 29 August 2018. 2018-07-31T22:00:00Z 2e4a78bf-db0b-409d-913e-4c48003b4fcc https://www.webberwentzel.com//News/Pages/catch-up-with-competition-law-now-september-2017.aspx WEBBER WENTZEL WINS COMPETITION AND REGULATORY TEAM OF THE YEAR AT THE 2017 AFRICAN LEGAL AWARDS - We are delighted to announce that Webber Wentzel has won the Competition and Regulatory Team of the Year award at the 2017 African Legal Awards. 2017-09-28T22:00:00Z a7c93dd9-c483-429a-95eb-59dbd89c4eb0 https://www.webberwentzel.com//News/Pages/south-africa-s-grapple-with-transformation-in-sport.aspx South Africa's constitutional democracy ushered in an era of hope and change for all South Africans, particularly those South Africans who were oppressed by discriminatory laws, through the brutality of colonialism and apartheid. 2017-07-18T22:00:00Z be5446a3-dc80-4352-9c64-b5c0e5a30b9d https://www.webberwentzel.com//News/Pages/Catch-Up-With-Competition-Law-Now-May-2017.aspx The Minister of Economic Development, Ebrahim Patel, has announced that proposed changes to the Competition Act, 89 of 1998 (Competition Act) are being finalised. During the 2017 Budget Vote Speech, Minister Patel said that the proposed changes will address, "high levels of economic concentration and racially-skewed ownership profiles" 2017-05-30T22:00:00Z