Chairperson of the Information Regulator, Advocate Pansy Tlakula, recently sent a request to President Cyril Ramaphosa to declare that the remaining provisions of the Protection of Personal Information Act, 2013 (“POPIA”) commence on 1 April 2020(“Commencement Date”). It is expected that the president will act on this request ...
Below, please find ENSafrica’s Mining Indaba ENSight, covering trends and recent developments impacting South Africa’s mining industry in the coming year; and the controversial issue of artisanal mining in South Africa: South Africa: legislative developments in mining in 2020 and their relation to optimising growth and investment in the digitised mining economy (Lloyd Christie) Calls to decriminalise artisanal mining (interview with Ntsiki-Adonisi Kgame, fi
The 15thedition of the World Economic Forum’s (“WEF’s”)The Global Risk’s Report 2020(the “Report”) was recently published. The top five global risks identified by the WEF in terms of likelihood are, for the first time in the Report’s existence, all of an environmental nature (namely extreme weather, climate action failure, natural disasters, biodiversity loss, and human-made environmental disasters) ...
Majoritarianism, South African courts have acknowledged, is the concept that the will of the majority is favoured over the will of the minority in serving the legislative purpose of advancing labour peace, orderly collective bargaining and the democratisation of the workplace. But a fundamental pitfall of majoritarianism is the possibility that the rights of the minority could be infringed pursuant to the will of the majority ...
In 2000, Jennifer Lopez debuted the much-publicised and spoken about Versace jungle pattern dress at the Grammy Awards. The dress offered surprisingly little coverage for a garment that comprised so much material. Some 20 years on, Versace is suing a company called Fashion Nova for selling a jungle pattern look-a-like. Versace’s complaint is that Fashion Nova’s dress will cause confusion, in the sense that the public will assume that it is connected with Versace ...
In South Africa, copyright judgments are few and far between, especially judgments of the Supreme Court of Appeal (“SCA”). This makes the recent case of Tellytrack v Marshalls World of Sport (Pty) Ltd and others, worth noting, even if it does deal with a somewhat esoteric issue. The case concerned the world of horse racing ...
You know what it’s like – you have a cushy job, you’re earning well, you’re travelling the world. Yet, you’re still not happy. The head honcho stubbornly refuses to retire, the designated successor clearly isn’t right for the job, and you have this somewhat awkward relationship with the next-in-line ...
Mauritius started the year on a high note in the area of anti-money laundering and countering the financing of terrorism (“AML/CFT”) by issuing two complementary documents: the Anti-Money Laundering and Countering the Financing of Terrorism Handbook: 2020 (the “Handbook”) and the Guideline on Anti-Money Laundering and Combating the Financing of Terrorism and Proliferation (the “Guideline”) ...
On 17 January 2020, the Chief Inspector of Mines for the Mine Health and Safety Inspectorate of the Department of Mineral Resources and Energy issued new guidelines and guidance notes in the Government Gazette in terms of section 49(6) of the Mine Health and Safety Act, 1996 (the "MHSA"), making these guidelines legally enforceable. These new guidelines and guidance notes must be read and interpreted in conjunction with the MHSA ...
he President of the Federal Republic of Nigeria, Muhammadu Buhari, signed the Finance Bill, 2019 into law on 13 January 2020. The amendments announced by the Finance Act, 2020 (the “Act”) intend to increase revenue collection to fund public expenditure; ensure that tax laws are consistent with national tax policy objectives; and incentivise investment in infrastructure and capital markets ...
Unfair dismissal disputes arising from allegations of insubordination have had their fair share of attention from South African arbitrators and the courts. The latest of these decisions is that of the Labour Court inNaicker v Commission for Conciliation Mediation and Arbitration and Others. The employee in this matter, Ms Naicker, was employed by Africa Flight Services (a cargo handler) as a customer service agent ...
In May 2019, the South African Proposed Regulations Pertaining to the Financial Provision for the Rehabilitation and Remediation of Environmental Damage caused by Reconnaissance, Prospecting, Exploration, Mining or Production Operations, 2019 (the “2019 Regulations”) were released for public comment ...
Section 187(1)(c) of the South African Labour Relations Act, 1995 (“LRA”) has always been controversial because of the interplay between the definition of automatically unfair dismissals, employers’ rights to terminate contracts of employment on the basis of operational requirements and the institution of collective bargaining ...
Unfair dismissal disputes arising from allegations of insubordination have had their fair share of attention from South African arbitrators and the courts. The latest of these decisions is that of the Labour Court in Naicker v Commission for Conciliation Mediation and Arbitration and Others. The employee in this matter, Ms Naicker, was employed by Africa Flight Services (a cargo handler) as a customer service agent ...
It is a well-established principle of South African law that you may not take the law into your own hands. The remedy formulated to enforce this principle is the mandament van spolie.In its classic formulation, the mandament, or spoliation action, protects against a deprivation of possession otherwise than through a legal process. All a plaintiff need prove is that it was in peaceful and undisturbed possession of property and was deprived of that possession ...
For the first time in employment law jurisprudence, the South African Constitutional Court has considered the nature and scope of the duty of good faith within the context of the contract of employment. This occurred in its recent decision inNUMSA obo Nganezi & Others v Dunlop Mixing and Technical Services (Pty) Ltd & Others. Factual background During August 2012, Dunlop’s employees embarked on a protected strike ...
Rwanda has adopted a ministerial order implementing the law on immigration and emigration, introducing various changes to the Rwandan immigration and emigration landscape. The ministerial order provides for a new type of work/residence permit (the Q1 permit), which allows the secondment of employees of multinationals to their subsidiaries and/or branches in Rwanda without employees being required to enter into employment contracts with a Rwandan company ...
On 12 June 2019, the Tax Court of South Africa delivered its judgment in ABC (Pty) Ltd v C:SARS (case no. 14287). The court was tasked with determining the application and interpretation of South African double taxation agreements (“DTAs”) entered into with the State of Kuwait (the “SA-KW DTA”), the Kingdom of the Netherlands (the “SA-NL Protocol”), and the Kingdom of Sweden (the “SA-SE Protocol”) ...
The various changes to the so-called debt waiver provisions in section 19 of the South African Income Tax Act, 1962 (the “Act”) and paragraph 12A of the Eighth Schedule to the Act in terms of the Taxation Laws Amendment Acts of 2017 and 2018 have come and gone. It is understood that there is now finality in terms of the debt waiver provisions as contained in the Act, which we discussed in a previous article ...
ANGOLA: Introduction of VAT postponed The introduction of value-added tax (“VAT”), scheduled for 1 July 2019, was postponed to October following discussions between the Angolan Government and the Business Technical Group (“GTE”), which advocated implementing VAT only in January 2020 ...
The Association Des Hoteliers et Restaurateurs Ile Maurice (“AHRIM”), an association of hotels and restaurants in Mauritius, and the Sea Users Association, an association of civilians, recently won an important appeal. The appeal was against the grant of an Environmental Impact Assessment (“EIA”) licence to a fish farming project by the Minister of Social Security, National Solidarity, and Environment and Sustainable Development ...
A recent landmark decision of the of the South African Metal and Engineering Industries Bargaining Council could see Commission for Conciliation, Mediation and Arbitration (“CCMA”) commissioners stripped of their discretion in granting legal representation for those involved in unfair dismissal disputes arising from misconduct or incapacity ...
