https://www.webberwentzel.com//Pages/RSS-Feeds.aspx Webber Wentzel feed en-us Copyright 2020 Sun, 16 Aug 2026 18:51:40 +0200 Sample Code http://server/image.jpg https://www.webberwentzel.com//Pages/RSS-Feeds.aspx c9269771-e7af-4b5c-98d1-ed89bcbce69a d80884e3-7b50-42cf-9588-9abcb4642890 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 3f5a4714-777f-498a-aaf8-33a4e4ce8680 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 06b4b299-80a4-43fa-ba24-046301e2fcf3 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 4b073112-e8a4-43f6-ad33-74c74742cb12 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 67a62f31-c5ba-4d10-9314-0b0a1594527d 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 c8ca90c6-b4cf-4edc-8139-fc0024e9ef21 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 e7d2a116-5a45-4d19-95ec-651125bc76cc 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 9b092b10-8328-4069-9f0e-8e8ea2ca1a51 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 26dc6894-6118-4ec1-b6b0-2d1e9f0a516c 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 daaf4bc6-1a5b-4f86-bd72-ff1e73e639dd 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 1e5b1132-4a22-4d8d-a192-fa8878c736df 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 8e574f5e-e405-4d50-bf2b-d95c2f4bfa71 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 509ed851-950e-4819-8542-bfbead98da77 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 0ef9c9db-b9c4-4236-b6ea-a13622e1fe8c 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 d31bccc4-944a-4b2a-8c5d-c04446082cbe 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 2bb844f6-b015-4270-a6ae-ac5cf3e6b784 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 4620e832-a0f6-4773-bdb4-1fcf78d6ea74 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 193c7398-8d96-4007-8a87-fe14f20cb1e6 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 3f02c126-ad4a-441d-9f08-39dec6e35a84 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 48e5ddd8-9e46-431e-bfbe-e1aa2765bf1a 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 f55c04cc-5329-4489-a331-08cb9eea9d23 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 b4a36c65-cdcd-4723-bf98-0397cb42316e 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 d51b2820-711a-4920-928b-60c01bcb88e3 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 752e295b-ac24-4955-9b65-e3fedfa53e2a 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 05471237-eace-4ee8-aa0f-208f53ce1a4f 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 91430323-8eaa-40d7-96a2-1d09f37c51d2 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 becaae12-35fd-4c5b-8841-a898b0eed6a4 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 be95d7e8-4a78-4bad-9ced-f3d84e485293 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 43516f86-ee58-4f15-b8a6-2f45a4f264ea 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 1d6049aa-62e4-4caa-b5a2-b62312df667f 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 fe8380b8-146b-4c46-9c6d-3fda8253c0e3 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 c38db08b-38d0-4082-9ba6-8764a97cef91 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 1d1b1645-9a11-4179-b04f-2704b0dd3818 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 852717b5-6d34-4799-a252-38b0b955dc6a 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 e4872481-5ebe-46de-98c5-862b556a74c1 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 8d15f79e-077a-440c-b18a-1f9d895e006f 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 987c0a39-9890-4c17-9a61-54a2cebe3f0d 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 5f1f6494-d2d1-4e1e-a978-9703cbd80b73 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 67790ebb-43a0-46b3-a3c7-0ef67e636dd1 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 9acf8cf2-d136-452c-b39e-8ab4144e5351 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 5a400afe-ef77-46ba-98cd-35b1b625c855 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 a5868f82-65d9-4b81-8fb1-bf32a1e05c46 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 e3623bbc-b708-48d9-ab66-0b1cc55a24e4 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 32909628-a6e6-4b6e-904f-1ce03a1c2e17 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 05863ca5-18d0-41bc-92f6-e816d9ae9086 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 02a80ead-0b54-4ba1-91b3-c8bd12fbca24 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 51a949c6-c09d-4358-896c-ccfe72743bbf 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 9741ee0c-431e-4d86-91c5-b7389c24d810 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 0fac7c6f-ccd2-4f95-9881-3f541d621a4d 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 02fcc2e6-c515-4294-ad4a-3a8f0f2d6fc0 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 e6959491-7be7-4855-a89d-417ceea9e160 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 23b45d75-61a8-4e9d-8ea5-21a5b642f4cf 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 88a3e6bb-a880-4f5c-90d7-20d392b7b1c7 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 6315be6a-01b2-4e15-b2bc-5f82db0c6bdb 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 3e009d83-7e6a-4dd3-96fa-b626e38c558b 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 0018ed05-a722-43d0-9226-585c42ed5104 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 3a50f0d1-9137-4c0b-9f99-112bed5577a3 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 e82f17f7-85cb-44bf-a5fa-4414b4dbfe31 https://www.webberwentzel.com//News/Pages/webber-wentzel-maintains-top-tier-status-in-the-legal-500-rankings.aspx Webber Wentzel has once again been recognised as a leading law firm in the Legal 500 Europe, Middle East & Africa (EMEA) 2025 guide, securing the most Tier 1 rankings of any firm in South Africa. This marks the 12th consecutive year that Webber Wentzel has achieved this distinction. 2025-03-27T22:00:00Z ae87203f-bb11-4e35-bebe-50ea37cc06d1 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 d6c8a045-e9cc-4b3b-8783-d38eba7b673d https://www.webberwentzel.com//News/Pages/webber-wentzel-celebrates-its-chambers-global-2025-rankings.aspx ​​​Webber Wentzel has once again affirmed its position as a leading law firm in South Africa with outstanding results in the Chambers Global 2025 rankings. The firm has secured 15 Band 1 category rankings, maintaining its status as the top-ranked Band 1 firm in the country. 2025-02-13T22:00:00Z 33af6c85-cfa4-4767-a33a-e4a3d313e701 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 ccc9dd9a-788f-4cb0-833b-e5418e0a1327 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 6d3a6718-2cc7-4322-ae57-e4e7df7b29cf 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 6446c90c-419c-4789-b63b-1355c172cae7 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 ae391108-f792-463b-9fad-ccac84aec36a 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 57caec8d-652e-4c5a-8f66-428f882efc27 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 a35c86a7-d0ab-4ea6-9170-6428e20bd266 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 01ed06ca-7777-4122-9ec8-26fe1cc2f030 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 3dcda402-e109-4801-a16c-5777150de011 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 91e4a129-62fe-41e3-96a7-3fac45c4a695 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 a17cc75a-eb1c-430e-8f71-c360b7467663 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 c4f0fb95-5a18-42d5-a628-1dcd17e04d3c 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 45cff046-0687-4578-8230-835625766161 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 86ac6e8d-33b0-47d6-b71a-95843c34d4d3 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 e136481e-6ca7-4024-b39c-f275e109e0db 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 2b266f18-c80f-4b01-93ea-d027a62a9e5c 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 8d76c13a-1b31-461f-887e-9a614c6cc6b9 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 9dcdbf72-34fa-4139-921a-41f198991f49 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 69c2d97f-29ab-46cb-82c2-43387d4c823c 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 e5261744-88c0-45cc-b93d-a2a1909e9e5d 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 d30212ba-7b4f-4b07-b92a-6845f94d9e9b 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 5257889f-6cce-4e88-8f20-630a5b20f400 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 9b2db8a6-1500-4e49-9179-f8ca026e8f9a 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 a473a8cb-df00-479b-9b8a-0f152aa7e3d7 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 70f910e7-3a29-4c53-9a55-2f61a5ee8ac1 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 df206539-ec01-467e-b027-81b6ef92ed17 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 b56869e7-be3d-44b4-a777-7010b81d4e37 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 ea27e90d-7a1f-4a4f-94a5-6c3d09d16fcd 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 3571e6fb-dd4a-4c15-877a-0fafb30b2fc0 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 9cd5e125-1f57-48de-a345-c03d4e368894 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 c388949c-01cc-49d2-aa19-cfb8e92c4cf7 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 6867533f-6ec0-48ec-bf5d-f452ad3edee9 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 a92a0d16-bd71-48b1-9e93-6b9e03b532b6 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 30be0327-fd23-4770-8248-e88380ada4f6 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 9c0ffe22-6b74-41f7-8a47-f283b1392c69 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 6796c831-3aff-4787-8d11-fe8eaeb600f0 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 0cb80c11-2029-4549-ac95-a2e21c2af12f 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 720a0416-eefe-4dcc-9fbe-3a795c54fd7c 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 a60d61e9-8874-4da7-9ab5-5818eebf50b1 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 c0880732-666a-4e90-b97b-3ec475c144ee 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 8fcc2a9c-150d-4850-a44c-671e0fd164f3 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 4d76884f-0084-4941-8358-23b13515dc6a 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 5972a2a9-0dd1-4d36-829a-5c400c6f7a36 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 21d89ce9-0214-48e3-84dd-925fd5f917a7 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 aa7e0232-1855-483a-8b34-9fb522d7ab7e 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 447ca450-1db1-4fa1-9216-4015c71c6083 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 cd2ead3e-96e5-4fb7-bad9-beeca564d690 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 5163b885-f488-4c84-8730-36972127df35 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 8efd874b-1c7e-4274-a536-fc72186ac6f3 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 55de688c-7f1a-4423-8704-2bf3f362a337 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 e26adf87-2f9d-423c-8783-5d5df1e40ab5 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 1c81988e-7dc8-489c-8259-e952a9121d0f 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 9515d914-0c41-419c-baae-287c190770e9 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 843f4abf-cfbd-4eaf-816c-fdcaaad77622 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 fb519c92-d897-4a24-bf76-90d0ac469726 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 9c021aed-058e-4e37-a990-079cfd310130 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 bef6c1ef-5e0d-48d8-a34c-9d263bb6e195 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 cba4ec77-34f4-4480-b212-30b8b4ccce38 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 488e8c33-3d81-4797-b812-1bfe638eccad 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 225ac52f-54e9-4f15-833e-3f17e9e68a3a 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 92c34911-bc78-4e86-a371-1f3913964a0d 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 5efc9e73-e78b-4fb5-85d5-a805b050fab3 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 ed437070-c0e4-4f86-8482-cd217cd4ebe7 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 654dbdd6-eae7-431d-9542-fddb434e0d65 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 3efc1d8c-4ee9-437e-ba63-d2f420a02842 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 8852bd0c-f54f-49c7-b3d6-73de8122a08a 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 67b12594-a0d4-4e7b-8f50-b9bd76398452 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 3a8f3d62-4bda-470c-a5f6-0303da214b9e 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 ec8cfd62-ff4a-4a4f-8ddc-0d04077a431b 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 532db42d-e03e-4add-9c9c-7aa4f1d6df94 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 d1da576a-c0f5-40c3-b082-f478f6074963 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 edd2137a-9038-42d2-b2b4-2d66c3f6b949 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 71508a19-1b3f-44a2-bb8f-92282b45ca36 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 50852076-fc4a-4738-8fcf-7efe052d3ddb 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 fcbcd693-042d-4232-bdd8-1f05491c0ff9 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 5d415143-47ff-45ad-ad05-9a1e35a71fe4 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 b18ae33d-d0c6-4233-88e6-07885c33f405 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 54529c59-4812-44de-a848-c10a357eb38f 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 77e3228e-ed3e-4fd4-8333-5a73818f2870 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 3c3a170f-7989-4403-b394-60f890c0fd8b 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 f7f78cbb-e93c-4c98-ae72-14b540de69db 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 327a058b-310c-46d6-b859-6ae43d9f1e5a 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 12ff46b3-7d61-45c7-bae5-247659e13f40 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 3e46efb6-e684-4d9c-a707-cf806c1a7e11 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 7c9d883f-673d-444f-aa90-63cd573d8162 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 d40607ab-5f42-4cd4-9bae-848905c0212c 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 b66415d5-1ada-48d7-900b-8cd68c80c9f0 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 04e1e894-a593-49fb-9229-66296424630b 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 dc6845d6-9b5d-4271-b4f3-611b7a1c06e2 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 ac1ae84a-afed-4cfd-acb5-0da60bb477fd 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 4870aa57-4efc-4dfa-a02a-3b1c64bb4bdd 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 48771868-965f-4fe8-b8ba-1fededde22ff 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 bd8ecf71-86c3-447f-b9fa-9794817e0d2a 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 244ee155-b5c0-4750-b797-11e6ac4a04e7 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 22fae30c-1d1c-43bd-8347-5053af9504d2 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 8b792d87-43e2-4631-b99d-727bf57f481e 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 46e59f46-8c28-4580-9ade-05954c961e90 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 818b6b1c-e602-4eb4-ad35-e703813ad5f8 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 31a683b2-54dd-4965-bcaa-d96a78bc74bd 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 b3e1a86a-0b2d-4eae-9e1a-2956fc7d26eb 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 abd18a1a-3c7e-4472-a0e7-cc2694a54525 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 372aa818-9bcc-4955-93fd-e3f2caa22a66 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 538e63f6-acae-4fc1-8aeb-0626ceecbe41 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 d9f61c28-6add-4757-913e-55a1a3351e4b 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 95377cf6-87ed-4e5f-9f0b-ae83f161370c 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 9aa99964-8d07-475d-b8bd-db1644c4d901 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 a9642ef4-743b-4803-b380-7a5b20fe13b8 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 e4c2dae0-14dc-4a9f-a72c-ae3200860cd0 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 c2e867e7-631b-4806-a851-dcfcd962a39a 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 8bed8cdc-8004-4fd7-a531-5cf7e9e5bc92 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 ebc7d95c-92fc-4d75-98c2-3e37f8f4615a 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 59f5c863-ec46-4aea-a0be-cae7a4aca870 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 38b104fb-27d2-431e-9e51-0d4e3d47cb36 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 63af89e2-dcad-439b-8c35-4807f859ef53 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 57be5cd1-7d6c-4b69-8a9f-937b34d8ae2f 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 dfc9ce91-686e-4b3a-8251-9283e1b2d610 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 79e796c5-d91b-416f-9285-6e9fe89012ae 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 16f791e2-f9b6-40ea-9a7e-b5b79f81f8a2 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 0bc9ad27-281d-401b-9414-a58a0bbd1866 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 dbe3ae23-79ac-4c9e-a09e-ce14852fdb8b 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 d4ddbf56-f9a7-495b-8c11-4692cb888bec 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 c7734839-bd6f-4482-b962-e5edbfcd37ae 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 33bb0bb1-c745-41f7-a6ed-d64913ed68e8 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 e499adf3-0c43-408d-b976-396a62871750 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 c65be100-82dc-446f-8e63-9e69044b6000 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 9cad9b64-edfa-47ab-b411-6aa2eaf7dd9c 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 716989a9-db72-4417-8ba0-60d90df35ab0 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 d188224d-9943-4062-becf-598c5a58a75e 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 49f92ddb-bbf7-4cf6-a2dc-c4af85b2567d 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 221750f0-1b36-407f-b280-794dec8bc3e6 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 a7cee8df-3cb0-453a-bb39-c8215adab6b9 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 a0aca1b3-da20-4416-8cda-789942d40371 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 954394e1-7bae-40c7-a7e1-172a2b71a51e 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 8c50fb76-709a-4a19-bc61-c5576b42241b 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 5e202f06-6866-49e1-885e-d009803bb311 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 4914c401-023b-4dfb-b6f0-5d503d88db9d 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 1962c387-27b0-400e-8a5a-436f8b819bca 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 922b35e5-0587-4591-b803-a56b11fd0b6c 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 b9cf0192-6fc3-4019-9a2d-92ed3725e421 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 85428a19-d38e-4a39-b0e1-af53f4f81a47 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 314d0895-7286-4634-b4ae-05469fbe7913 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 a4a47921-8cd8-4ee4-a98e-2a2036faf9b6 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 85916c35-a196-4f9f-8fa7-ad86a181eb56 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 c73f70c0-b521-4f3a-9d8c-3b005219c37b 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 93d7c920-05d7-4b31-ad30-984bb22d0cd4 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 21530dcd-85c5-48b3-976c-3b757bfe1a31 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 45303aa6-8842-4f04-a8d5-12cefcc1daa2 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 79b63373-71ee-478c-b7ea-5952ea051466 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 f2aa0f21-c082-47aa-9f65-5eee82282824 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 912370e4-1cce-4210-8a10-01c2a9868eb0 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 df371c6b-4959-4b35-a417-6ce40e7c4309 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 7c82216d-5204-4911-b3f0-14133e65126f 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 cf858d52-4207-4c8d-a488-56937bc8500a 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 eadcee49-b412-4b6c-9390-e30fd4d76884 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 22fcbdfc-fa5a-4a89-b2b5-197609b8ccc4 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 376a37a7-24f0-4be0-98f1-9133ae8b0b2b 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 3af6936a-3c72-490d-b618-53ed48a1e0ac 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 a5e3e4f4-5814-451c-b0a1-a503ab8b7ec3 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 22da9d2a-6442-4518-a95e-a1dc2406a615 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 0390b216-7f74-4a20-949d-c2032cb2a7ed 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 809bc4a8-d491-4f0a-b649-5e9367a69bd6 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 cfca7a01-4a69-4aff-91db-f6eef1be94e4 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 5576dec7-de82-44e6-a5a7-470865b7c770 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 a670b900-cd7e-40b6-b8d3-bc6181781b57 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 bb465570-7e65-44fe-9abf-434aca476aa4 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 a3f97668-a09b-4c00-8eab-66ab46372ced 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 9355a019-9e77-4606-8f63-f7aadd4b544b 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 b2e433a3-0a71-4569-9a95-863856a0cb0a 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 04ca4a46-2e7b-43ad-8409-e637f5ef9bdc 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 ff7ea9d6-8eda-456f-8bc5-a6bacf324f47 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 a5e8e434-2a5c-4f63-9625-fd1137aa94f8 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 8f601a83-86d3-4588-bd97-f6d709f3dc0c 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 02598c7c-6407-49da-9e9d-55781da09fcb 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 692e2a14-1b45-44c4-acac-6a89941c5275 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 74f30a16-2ed3-4b88-853c-f67f641b0994 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 240acf88-243d-4d8e-a595-3088381cf6b9 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 7218f779-cf1a-422a-bacd-77d51d8592b0 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 4f6dd6d3-cd65-4485-8e8b-9af22aa4b468 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 b742ac21-1c7c-46ff-b973-1ee4ae5ea4b8 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 871f7b02-966f-4dca-9851-a4b8b820e9a2 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 32ad4463-af88-471e-b0b2-764d29f0b638 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 d863d6c6-0a71-4942-97bd-12471f69a987 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 282d2153-055d-460d-b097-0326075ffb25 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 8ab86964-bbac-432d-ae95-814f39249b65 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 f1667a89-172b-48c7-8388-b5b26f23b1fb 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 c4c19292-ed63-45c2-ae57-bf96c15287d1 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 c5a2b8d3-ed0f-4a47-9302-738bd0ab6447 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 ef3ffd8e-ee05-454e-9277-f3c52c752f67 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 9ae443b0-fe2e-47fe-85b6-2aae814294d7 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 3e71dbd1-9d4e-47c6-afa8-c4c792f9ec58 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 4c4208d8-ec93-4865-9630-a1b9bdb90650 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 5f80be61-e5e5-47a4-a539-962754b2ec54 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 ed7260b1-d025-4b4b-a19b-b5fc2b9300ba 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 52f3adc1-a68c-4de7-b4b1-ef4068312419 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 2ce9d35c-50d5-43d7-9da9-1040ec95d2f5 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 8cd6cf6c-8b4d-4c99-9a16-41c1162d29b1 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 f7830798-5918-4138-95a8-cc4acc3a4188 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 464c3593-4fb6-43bb-b71d-46cffa061408 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 01e8d9da-8820-449a-a2fd-b0bb041024b6 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 f9ba0350-2f6c-43b5-9bc7-b238501951b4 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 c2d9e3fd-837e-4bc8-bacd-82f19927555f 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 d15da959-fb85-49ec-b107-18d2d5316bd9 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 fcf80e0a-3992-4725-9d99-0040cadc49c3 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 29a4c238-5fd1-40cc-8c10-b722eea6a649 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 c5a6e7af-8eb9-4cf8-b476-c24bd978cb21 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 efd84c6d-2720-43f5-8342-c3615de14b9c 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 c6c4d434-fdab-4abb-9547-9fa8e3f9a9c2 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 3bf7b33d-8cac-4e3d-96c7-1a2481a8d6e9 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 6f2ea6f8-3a3a-4695-9187-409c626a26d6 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 c760672f-821d-4312-9db2-a3e2789d4fe7 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 1b38fe4a-9ac5-432a-b88b-dc4a58a58ff7 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 e6df316f-e7a4-4509-8c15-b48acb4338aa 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 7c356577-19ad-441c-8589-1d9a5d6161ef 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 1e5ca9ac-51bd-4dc5-b8cf-41a171b9bc8a 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 57b3209c-7dde-483a-8801-f8f4b933a270 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 5e1d56a3-2094-4ca1-a9db-498e73761d11 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 42ac3b2e-aa47-4a1d-a995-6c4ca66c4989 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 723b3c7c-bed5-4dfe-bb0d-c6d0adb16705 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 45d28ec9-ea83-4db7-82ad-715f2b11a3a4 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 10857ebd-69c2-4266-b9a4-ba881d90f0d3 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 3a8b3fc7-5ac2-4383-bedf-ee97b31ab1a6 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 8ccf812f-eba4-4a58-a31b-016de6dfce38 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 c8c1846b-58e4-4833-8b14-31280535888d 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 4b81d016-2fd4-4c88-bb78-bd632421f075 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 ad5ebe52-7bce-48b2-80d8-2c246f2c67bc 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 e4449d21-1e27-4ec7-a9fd-b7a69571a7b8 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 96dc373b-4328-4c4d-bae5-12f9acb9a2c5 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 99d1f49b-55cc-4d28-bbc1-97ea474d00e1 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 b3c98349-d9de-450e-8c56-512f990b8ee8 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 7df74c32-8bed-4e2a-92aa-b4cf1da6d2cd 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 9f8e676f-316a-4607-ac17-3ad264734335 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 65dc42e0-b6ed-4d90-9714-9526478bb0ea 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 2ab83dc6-9c6a-4ce5-8a7b-eb3560f93a5d 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 257325b0-b6a7-4bb1-a24b-057fc470fd54 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 5399dcb3-a3d8-4130-9dc7-8a731e5c59db 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 650bdd7f-a8e7-42df-8e29-8ab40777e12f 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 0a97d4c1-2f7b-4e2e-bf9b-a565fba675c8 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 6784642c-122a-48ec-91a7-b24795bbfd44 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 1b117ca2-f7a9-42b2-b46f-9c072809ec23 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 69ac1962-abe4-4c9f-bb33-4a0801af3645 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 cb6fcba6-0da9-446b-a22e-5a50e2e21886 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 883d6469-a292-4689-b6ed-3cb33b542c6d 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 3a7fdf5f-6d2f-49ce-8a36-7b106f1eadb8 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 ecabe263-dd07-46f9-81e0-e8b4ec6007a7 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 e745e4a4-5d17-4aa6-94a8-9ba78a148489 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 b5a5b465-8a2e-4777-b1d9-4d7c9c51905d 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 a7da0de5-fffa-4cb1-8026-b82e1d518d78 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 b2cee628-b2b9-418f-9f28-06ea4f6a43ce 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 73d1a5be-b3d3-41e0-900c-3c188b2b403c 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 6d92d7b8-4790-4d5a-8cd9-04789b1840fc 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 d67ac31f-c626-4c5e-b8af-8de95f8e9752 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 503a043c-aa56-42a9-95f3-056841f3334f 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 471684fb-ea17-468e-8996-5ccfc7bb58d3 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 97821445-2891-451b-9c38-05c08698ab99 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 5733f554-750e-4a5d-a55d-778e7cc29f59 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 38f85fb5-93c5-4340-ae67-283e3788cfb3 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 08f7c403-ca6c-49af-bba9-5bbb51827f2d 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 c17998f3-f596-4a37-aa8c-ac4489c77d2d 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 8d646182-eeaa-41de-9d8f-5f7ddf64a2dc 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 3b95fc43-2660-4dab-8580-ec9a06e50a16 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 363cad52-7a8a-4560-b645-4bafedb69bee 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 33d57b8f-ed76-4110-89ca-70e9a24a59de 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 f34bdd06-f40d-4fb8-a3c8-dbd033d529a9 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 bd022a17-29f5-4027-a321-f3aa576ef152 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 5fc8621b-a0b4-4eca-985b-135e757d35c6 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 03e184f0-5a85-4e9e-8f83-51d4a0b6fd4d 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 e618cd09-285e-47e5-b436-954f587a9c51 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 1c92cf28-9f9c-45b5-a6a0-e11fe8e3ca2b 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 daab6d60-934c-419e-87de-98ffe2d85a75 https://www.webberwentzel.com//News/Pages/competition-law-africa-quarterly-update-june-2021.aspx Keep up to date on the most important competition law developments across Africa for the second quarter of 2021. 2021-07-05T22:00:00Z b99fac7d-1f18-4c24-ba4b-d60581edf04c 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 8a1d40f8-d213-43e5-acfa-de8f6c018aee 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 0218affc-284a-4c8a-9d7a-52c6511dc441 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 ccd4136c-35c5-4be2-8214-d09db1f01c61 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 fe1cf26d-79cf-4b0a-8c8d-f37cfa054966 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 cc9d38b6-026e-476b-8a5d-2977a1f68089 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 64c24137-f351-499a-840f-ed693124de37 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 b79f7abb-c624-47ab-8403-f62afa064b1d 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 b6358956-ea8f-48ba-b10c-3ad3e34c0988 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 cf98396a-3b58-4384-9420-14b60c888f0c 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 02151930-669d-4b42-b33b-517940450168 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 164f43f9-b024-4d58-bc09-0113ceb3bbdc 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 54b9ca02-d330-4b96-b11f-87b04f4eb867 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 c3967516-debc-4b40-b919-83e7a098451a 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 ce352e7b-19c8-43de-852e-403aeebbf0bc 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 4d775288-78ad-43ea-86c1-663cd89d0104 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 4cde635a-c06a-43b6-9105-b3ab24f9777e 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 3a0f627f-8f5a-4a7b-874a-d36119dc7615 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 852667d9-4e9a-4b2e-99f3-e67ed99a1400 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 9e1e1832-70db-46c7-b136-45c76eda0bd9 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 9571b490-2db6-4261-b608-587c4389deaa 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 dffd1a1f-3cf2-4ec0-bca0-9bb066e1b7c4 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 73d61334-f46f-4465-80c5-4c6833c52344 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 ae578384-b06f-4d8a-b2e1-3be2946bdf18 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 d56bc876-01b2-4f8a-aeed-8573b3643792 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 78a5ed55-e323-4059-9e87-9abaf5e3b1d2 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 67810ef3-dd8b-4ce7-b711-f56681692d8f 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 dd70dd02-82bd-44f6-8608-5903c438d714 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 cc2179a1-9f95-4dfb-851b-3e8f524aa04a 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 8efd35e0-6826-49a9-81b7-19b85aa00dd5 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 830474b1-978f-43c6-8d7c-488d3608b159 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 8124a809-ef28-4063-858c-7f0751928128 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 df1f3f00-6fcb-4d05-82dc-9b9bc4f50963 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 cab6bd04-c83b-44e3-985c-95e1c58e16f6 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 d29511b3-12b7-4d49-b002-8e35daffd8ee 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 129d2542-5f58-4244-bbe3-72428ab41251 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 6f79cad0-b860-4e0d-af6a-e4b58808931e 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 511f7fa4-caf8-4125-8373-32b336f82071 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 b408cc86-f9be-4b58-af54-18f667086900 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 4db0856e-eb64-48f9-b060-7cc9a42daf8a 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 e4c0f0f7-4422-4ff5-b056-04525b619136 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 8c516822-511f-40d7-bc2b-09167f966570 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 6d9efc1e-c3e3-4ce1-9275-b7731c5ea89c 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 26108ac7-037b-477d-92d1-16c00162c0a8 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 3cee3f3e-ed68-438f-be2f-9f7a46c128ab 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 67e94354-e0ac-472b-8234-77056b85f7af 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 c3ec72c3-5942-466f-bf8b-8655f373f427 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 727d87df-3f72-4201-b246-bc5068ff03e7 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 24ad774c-e018-4e8a-b1d6-23a6a89a768b 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 95d0d0a1-3c08-4f58-8fe5-58427337ae99 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 5f92c587-ce42-4eff-b454-fa122e0310b4 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 db9e5dff-4a72-43a9-8509-aa12206fd81d 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 0e808eac-25d2-4c85-a381-2ac089ec690d 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 b484cb55-c3ab-459f-ad6d-35bba0335cf6 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 002c8f9d-fe65-4456-9d38-110402d3afed 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 5178d487-af97-4c86-81c0-84c3cf656243 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 508385ec-7c85-46b8-86e4-a2dafa55d8d7 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 243fea50-eccc-455e-a8f2-ef435368556b 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 4c26f0be-f506-4249-94df-8d1433573d8e 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 f7f54cfd-f050-4aee-bb85-bb2fc1b9c79e 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 358498f0-da76-41be-b344-5022c943c553 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 3590a597-3acc-415d-90de-5fcc2da60ee2 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 85898ee0-b58c-4c43-b74f-a9ffd93261ba 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 a752257a-9132-42fb-8f28-4acee364c1aa 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 1180edf7-34a5-4927-b322-7cd033ef858d 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 bdcc9115-34ac-49b5-b270-8a46b9837ec0 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 30286d52-53a7-4dd4-8468-34c601371cba 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 b1c27207-042c-44f2-91a9-315caa10fd2b 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 52c9d7e1-49bd-4e00-bd30-f9fd11d0f09a 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 443870c4-ec4e-4ab8-824d-c849526cd751 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 53a8404d-44ed-44bc-a6ce-5a4de34a8736 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 06c302ab-43c1-4aef-912a-bf1b188a1084 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 9da4c83d-bf7f-4ea3-8f57-fe3723176a0d 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 a2a2a919-bc19-4e4c-b5f0-44a1b782fd41 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 7bd9dca4-e0be-43f1-a87b-d547d36b4b01 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 32da819c-d1d8-4102-9043-7de680789c5d 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 02a9c32f-f212-446d-9832-5eae991f2567 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 ef61922b-a092-406f-a676-2d0850869f5d 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 ca4d4a40-f937-4937-b71a-3591ee96257d 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 bae89a43-d826-4e70-9d00-de2b3a943313 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 d75671a1-e5af-4676-8a0b-fcd62c47b68f 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 687b1e82-e849-46cc-bd04-b91868d1c3f1 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 0ffdf702-40dc-4477-9e0c-f36b4daf7131 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 b47d2309-6ece-4c77-9a67-fd98d75241c4 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 9a508d13-001a-4a69-ac2f-ee12b13a88d4 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 132991ac-d12c-4188-9dc8-6c218a339095 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 2f80d1de-81be-4b04-bcf1-ce593ffdc5ed 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 833b0acb-0539-47f7-b793-bf1a61b51710 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 d641426f-b4ac-4171-8246-ddffddbd60f7 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 c409e738-28fa-4a36-a982-b90077cdf699 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 6a146f2e-e947-4ea9-994b-af9e761ea056 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 62dbacef-8e19-4e8f-9784-134f21f9c61b 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 8532c49f-178a-4b59-a587-ddbe65ecf710 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 487099f3-ce70-4e48-bc7c-ac2e75128adc 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 6b0c3336-8de9-4057-bbfa-62893b600c4b 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 a0ee7b48-edcf-436f-9d24-6a7fcc18b32d 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 2c5c25f5-bf0c-4ba2-9e9c-e3ac08360dc5 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 b687bdeb-e2c1-4807-a6a5-9cc75cd0d7bd 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 f41f11f5-6034-4afd-8ce0-4aa2c27ad2cb 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 2164240c-5682-4618-b0d1-d4258b0ffdd0 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 3a4c7bad-122e-4ee2-b14a-a55ba6e2fa61 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 9b52a435-4955-4c66-955b-47ed56672e3b 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 e25131a5-02f7-4162-9bd3-6009c3554d44 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 d68a2a95-9d2f-4f9f-a4be-eed96b109a86 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 795aec6c-a272-42ef-a97b-8c0ba360e88a 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 a3658440-5cc1-45c6-bc7f-72fb71cdb954 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 8c484a25-9d07-48bf-8561-cbf7f62008c3 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 7636e00b-804b-44c7-bcf4-ce77e469bb8d 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 046d816b-9357-49e8-bd52-3f0f72671b55 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 a9919ee9-acc0-439a-baa8-90139b1153a8 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 4d34924d-42de-4741-9b81-bf575c9d7647 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 34ba9b9c-f2a8-4db3-ba1f-630551788edc 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 9fc7fe89-d365-4c66-a235-d9b850144683 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 3db53df1-df62-4876-9c55-3605048c6f59 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 8318f3d0-0c34-480b-b067-994969761267 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 9a71ced6-9f1c-4d04-91ca-bfa641253fa5 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 d80637e0-ab92-41e4-8617-030f303963e0 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 a4b95057-f02b-4c26-99b6-e3f1c0534041 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 d1a966b2-41b2-4bad-81b2-a906a1844d84 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 6aaa6fb0-3232-442a-9bb3-59552006b1b1 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 e7a4f150-d757-4ba8-a1d7-90d29541aa33 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 d98d9e77-2fcd-4834-9e9a-e77e1f91de71 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 5c237e67-f439-4d8e-a30f-407ac7950fb2 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 48cc0cd7-dc15-4485-8b84-2f0069700c8a 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 c30757c4-ff82-4fa0-a5be-76bef438ce20 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 11dd8696-9f85-4edc-bfcb-53f6ecb21712 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 0fb100f2-7cbd-4fe7-baf5-927e1b3f67cc 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 1fe864ed-9e57-4696-9bf4-64e632ba6d97 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 82a319f9-9619-49a5-9715-acbf03406687 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 1eff6c56-556c-4e7b-970a-6936ec549f3b 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 647e0f7c-4438-4354-9811-ff82249adb30 https://www.webberwentzel.com//News/Pages/chambers-global-recognises-excellence-at-webber-wentzel.aspx Chambers Global has released their 2020 results. Webber Wentzel had an exceptional year with key highlights. 2020-02-13T22:00:00Z de7d1d76-545c-457b-82cc-68ad931c92b6 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 44541e8f-a585-4487-aa94-42ea151a12ab 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 f5663f35-25dc-42ac-acee-932408b5726a 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 4eebcd67-a9ac-40b3-8cbe-0a0661a7e222 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 01cc912b-18bf-4efd-aa65-a87280b2d41b 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 2c47ca4f-d7a8-4eab-ae73-734eff9f07a6 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 e8e6f79a-4374-4784-ab4d-c4ac7c0cadb0 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 0be676d0-0428-4d3c-a080-bfd1415e80ac 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 bb34feb8-7250-45fc-b389-aa9ac2ba8169 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 f3c1ee40-be38-4764-92ac-a4d4a2eae65e 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 03a073fd-fb19-42ee-be1d-a6a9aae2ebe4 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 96898660-337c-4ad8-bbfa-4bfe8ad8cb2c 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 ac44bb20-804b-4bc2-9d3a-5d8c0e4e1b2b 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 f77aa812-3d81-4ee0-a063-a3b60711fccb 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 2379a8e2-a6a6-4a84-8ccd-8a2ea8c4eb8a 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 f672daa6-3b22-4633-97df-12b86e67fd51 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 907d5c85-aa1f-4db8-a617-43ef9ccdc8e9 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 227cffa4-d0d0-4978-b22a-6183ce189f7c 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 ce4fc8cd-3918-4583-850d-282faad9c714 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 5d6fc064-69e3-4a03-9e76-53e2db7560ff 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 86822302-00c3-4dc3-a02f-0179dfc0bb31 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 391c0a1a-7e52-45ee-a19e-dee6de57d223 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 34b854bb-2bd0-4869-a4fd-0e4626c66170 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 1abe1b65-6b80-4c6e-b4ce-27c4b1a8105d 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 0dac7da4-8b21-426a-ba72-d4364a9c9ab6 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 46148dd2-8524-438a-86df-75b714f63eed 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 32af8cc6-ea8b-459f-97c9-0bf7bda1cf34 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 ad7561fa-8afb-4193-80a2-28ff69b1d77f 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 38314e8b-2874-4c22-86fd-d2423a9a6799 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 82f94123-d9c2-4838-a0ef-06fb6002953e https://www.webberwentzel.com//News/Pages/national-treasury-hopes-to-clarify-anomalies-relating-to-taxing-reits-soon.aspx The taxation of real estate investment trusts (REITs) was discussed at the recent National Treasury Workshop on the 2018 draft Taxation Laws Amendment Bill, held on 4 September 2018, in Midrand. The correct tax treatment of certain anomalies, including the taxing of commercial lease deposits, was raised. 2018-09-18T22:00:00Z d7ed7acb-4542-404f-864c-49a743516bb2 https://www.webberwentzel.com//News/Pages/catch-up-with-competition-law-now-march-2018.aspx Predatory pricing case dismissed - The Competition Appeal Court (CAC) has dismissed the predatory pricing case against Media24 (Pty) Ltd (Media24). 2018-04-04T22:00:00Z f1a325fb-32f5-4588-97d6-15e2ea234a45 https://www.webberwentzel.com//News/Pages/property-developers-will-face-cash-flow-pressure-due-to-vat-on-temporary-rental-of-residential.aspx The curtains have come down on section 18B of the Value-Added Tax Act, No. 89 of 1991 (VAT Act) and the resultant impact may catch a few residential property developers off-guard. 2018-01-25T22:00:00Z 6aa7188d-bfe5-4b8d-8b90-18e20c4b39ea https://www.webberwentzel.com//News/Pages/amended-b-bbee-property-sector-code.aspx On 9 June 2017, the Department of Trade and Industry (DTI) issued the amended Broad-Based Black Economic Empowerment (B-BBEE) Property Sector Code (2017 Property Sector Code), which is committed to advancing the objectives of B-BBEE within the property sector. 2017-06-29T22:00:00Z cef48a5a-dabe-48ac-a1b3-51e7def2b1c7 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