Monday, August 17, 2020
In recognizing the need for an alternative forum to resolve Company Law related disputes quickly, the Department of Trade Industry and Competition, by introducing the Companies Act No. 71 of 2008 (the "Act"), established the statutory body known as the Companies Tribunal (the "Tribunal"). The Tribunal specifically presides over matters falling under the jurisdiction of the Act including disputes related to Company Law.
Tuesday, July 14, 2020
As emphasised by the Supreme Court of Appeal, The National Credit Act is not a model of clarity and the unclear provisions of the Act were once again placed in the spotlight. The Act’s inconsistencies and the subsequent confusion has required the Courts to provide guidance in the application and interpretation of the Act. This time the Court was required to provide guidance in respect of the principle of common law set-off and the statutory provisions of the Act. The court decided that the provisions of the Act intended to amend the common law position and that any set-off on all credit agreements should be subject to the provisions of the National Credit Act.
Thursday, June 25, 2020
On 22 May, 2020, the Minister of Health published an amendment to the Schedules of the Medicines and Related Substances Act (101 of 1965) (the Medicines Act) in Government Gazette No 43347, notice number R586. The Schedules were amended to comply with the Constitutional Court's order in Minister of Justice and Constitutional Development and Others v Prince; National Director of Public Prosecutions and Others v Rubin; National Director of Public Prosecutions and Others v Acton and Others 2018 (6) SA 393 (CC).
Thursday, June 18, 2020
There has been a recent hike in the number of “raids” conducted by the Health Professions Council of South Africa, in view of investigating complaints lodged against medical practitioners. Here is what you ought to know, when they come knocking at your door.
Taking into consideration the scourge or secondary pandemic that has plagued our great nation for a prolonged period of time, but which has taken centre stage once again in the past few weeks, it is important for citizens to fully understand the duty that they have in terms of the law to report any and all sexual offences which are committed against children. Irrespective of one's social standing and occupation, the duty applies to us all. Although, said duty is elevated to a higher level of expectation and standard when it comes to those individuals who occupy professional capacities in society. Such individuals, include those whose profession largely involves frequent interactions with children. There has been great confusion as to when such a duty arises, more especially within the medical profession, and this article serves to clarify this uncertainty. As a nation, our collective efforts to combat the violence perpetuated against women and children will only be as strong and effective as our knowledge about the part that each of us can play as individuals.
Monday, June 8, 2020
Whilst South Africans, including businesses and employees alike geared into a more flexible and collaborative set of arrangements in Level 3, just two days into the alert level, the Gauteng High Court declared the lockdown regulations relating to Level 3 and Level 4 as invalid and unconstitutional.
In these trying times it is likely that we will see an increase in the number of companies that are unable to pay their creditors on time. What is the board of a company to do when it becomes clear that the company will default on its debt obligations in the coming months? Surely it's acceptable to simply push through, ask for an indulgence to pay late, play for time...all in the hope that this is merely temporary and all will be well again post-Covid. Or is it? It may not be that simple for many companies.
Monday, June 1, 2020
And it is official……the Real Estate industry got the green light to start operating fully, from 1 June 2020. Business Operations will be possible under the following regulations and below a short summary of the REBOSA COVID-19 WORKPLACE READINESS GUIDELINES.
Wednesday, April 22, 2020
Whilst the country is still under lockdown following the announcement by the President to extend the lockdown to the end of April 2020, the effects on the country’s economy and labour markets are dire. Employment losses are rapidly increasing with many businesses remaining closed and employees suffering due to income loss or layoffs.
Wednesday, April 15, 2020
The Minister of Mineral Resources and Energy has extended various timeframes prescribed in the Mineral and Petroleum Resource Development Act and regulations, in context of the COVID 19 lockdown period.
