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ENSafrica | April 2020

Given the fact that many countries are under some form of lockdown as a result of the Coronavirus (COVID-19) pandemic, organisations that are able to do so, are now working remotely, with video conferencing platforms enabling people to have virtual meetings just like they were face to face. However, there are growing privacy concerns over the use of these platforms, with some in the spotlight for sharing data with Facebook ...

ENSafrica | April 2020

On 6 April 2020, the Independent Communications Authority of South Africa (“ICASA”) published the Information and Communications Technology (“ICT”) COVID-19 National Disaster Regulations (the "Regulations").   The stated purpose of the Regulations is to prescribe the minimum standards to which all licensee (electronic communication services and broadcasting services) must adhere for the duration of the National State of Disaster ...

ENSafrica | April 2020

In response to the Coronavirus (COVID-19) pandemic, the South African Government has implemented various statutory measures to prevent the potential spread of the disease, and to limit, contain and minimise the risk of exposure of persons within the country ...

ENSafrica | March 2020

Is the employer obligated to notify the Principal Inspector of Mines of known cases of COVID-19 in the workforce? In terms of section 11(5B) of the Mine Health and Safety Act, 1996 (the "MHSA"), the employer is required to notify the Principal Inspector of Mines of any occurrence at the mine that results in the illness of any person ...

ENSafrica | April 2020

Since the declaration of the national state of disaster in South Africa in response to the coronavirus (COVID-19) outbreak, it has been anything but “business as usual” for most professionals. This is equally true for legal practitioners trying to navigate the directives regarding litigation and court process during the national state of disaster ...

ENSafrica | April 2020

The Minister of Mineral Resources and Energy recentlypublishedCoronavirus (COVID-19) related regulations pertaining to some of the prescribed timeframes in the Mineral and Petroleum Resources Development Act, 2002 (“MPRDA”). The relevant timeframes have been extended by the operation of law by thenumber of days of the ultimate duration of the COVID-19 lockdown period ...

ENSafrica | March 2020

On 15 March 2020, the President of South Africa, in a national address, announced the declaration of the coronavirus (COVID-19) pandemic as a "national disaster". Since then, many significant consequential announcements have been made, relating to restrictions on movement, business activity, travel and other matters, all in the interests of preventing an escalation of the national disaster and alleviating, containing and minimising the effects of the national disaster ...

ENSafrica | April 2020

On 8 April 2020, the Minister of Employment and Labour issued a notice amending a few significant aspects of the coronavirus (COVID-19) Temporary Relief Scheme (“C19 TERS”) Directive of 25 March 2020 (the “Amendment”).The C19 TERS was established to compensate employees who have lost income due to the COVID-19 pandemic, through the Unemployment Insurance Fund (“UIF”) ...

ENSafrica | April 2020

On 15 March 2020, the South African President declared a national state of disaster in terms of the Disaster Management Act, 2002. A number of measures have since been implemented by the government to counteract the impact of the coronavirus (COVID-19), and several regulations, directives and guidelines have consequently been published ...

ENSafrica | April 2020

A new dawn has come in the world of employment where many South African employees are required to work from home as a measure to curb the rapid spread of the new life threatening Coronavirus (“COVID-19”). This raises two questions ...

ENSafrica | March 2020

The Financial Sector Conduct Authority (“FSCA”) has been proactive in responding to the threats posed to the retirement funds industry by the infectious disease caused by the coronavirus (“COVID-19”) pandemic affecting South Africa. In recent days, the FSCA has made two noteworthy pronouncements for the retirement funds sector in an effort to mitigate potential exposures that the COVID-19 pandemic is likely to have on the retirement funds industry ...

ENSafrica | March 2020

The coronavirus (COVID-19) pandemic has, due to its high rate of transmissibility, unsettled many of us, forced us to distance ourselves socially, and to make adjustments to our way of life. We are living in a time where something as mundane as sneezing or coughing may earn you a death stare. While the fear of contracting COVID-19 is a real and devastating reality, one of the consequences of this fear is that it has the potential for social stigma ...

ENSafrica | March 2020

As a result of the increasing spread of the coronavirus (COVID-19), many employees may consider placing themselves in self-quarantine after possible exposure to the virus. Self-quarantine is a precautionary measure taken by a person who has been in contact with someone who has contracted COVID-19, but has not tested positive or is not showing any symptoms of the virus ...

ENSafrica | April 2020

Our firm has published several articles in relation to the impact of COVID-19 on the contractual obligations of parties, mainly due to the promulgation of emergency legislation impacting performance ...

ENSafrica | March 2020

In light of South African President Cyril Ramaphosa’s speech on the country’s response to the coronavirus (COVID-19) last night, there are a number of new questions that we anticipate will be plaguing employers. Given all the restrictions on travel and gatherings, should employers close their doors and send employees home? No. An employer has the obligation to provide, as far as is reasonably practicable, a safe and healthy working environment ...

ENSafrica | April 2020

The Draft Disaster Management Tax Relief Administration Bill, 2020 (“Bill”) was released for public comment on 1 April 2020 and once signed into law, will take effect from that date ...

ENSafrica | March 2020

Following the South African President’s speech on 15 March 2020 that a national state of disaster has been declared in terms of the coronavirus (COVID-19), a number of measures were implemented to counteract the impact of the virus by the South African Government. We cover below the legal implications of some of these measures, particularly the repayment of bookings and data protection ...

ENSafrica | March 2020

On 26 March 2020, the Minister of Justice and Correctional Services issued Directions in terms of Regulation10 of the Regulations under the Disaster Management Act, 2002 (the “Directions”).The Directions will apply during the period of the lockdown, between midnight on Thursday, 26 March 2020 and midnight on Thursday, 16 April 2020 ...

ENSafrica | August 2019

  South Africa recently held its general national election and the result was a win for the incumbent African National Congress (ANC) party. The election was fought against a backdrop of massive unemployment and a stagnant economy. During the course of the election, there was considerable focus on the issue of property rights and particularly, the possible expropriation of immovable property, especially farms ...

ENSafrica | March 2020

In response to the rapid spread of the coronavirus (COVID-19), South Africa entered a lockdown period on 27 March 2020 and subject to any further directions from government, this period is due to last until midnight on 16 April 2020. During the lockdown period, employees performing an essential service are allowed to travel to and from work ...

ENSafrica | April 2020

On 26 March 2020, directions were issued by the Minister of Home Affairs pursuant to the regulations published in terms of the Disaster Management Act, 2002 to provide temporary measures in respect of entry into or exit out of South Africa in order to prevent and combat the spread of the coronavirus (COVID‑19) ...

ENSafrica | March 2020

South Africa entered its first day of lockdown on 27 March 2020 in response to the rapid spread of the coronavirus (COVID‑19). This lockdown will last until 23h59 on Thursday, 16 April 2020. During this time, all movement of persons will be restricted ...

ENSafrica | April 2020

In recognition of the ability to detect the Coronavirus (COVID-19) in sewage and the critical role of basic hygiene in combatting COVID-19, the Minister of the Department of Human Settlements, Water and Sanitation has published directions in terms of the Disaster Management Act, 2002. The Directions implement the emergency procurement of water supply and sanitation services to identified areas to combat the spread of COVID-19 ...

ENSafrica | March 2020

On 23 March 2020, President Ramaphosa announced a nationwide lockdown commencing at midnight on 26 March 2020. In terms of the lockdown, everyone is to be confined to their homes for 21 days, save for certain workers involved in providing essential services ...

ENSafrica | April 2020

A recent government notice amended the regulations published in terms of the Disaster Management Act, 2002 to provide for the mandatory establishment of the COVID‑19 Tracing Database by the National Department of Health. This database will trace people who are known or reasonably suspected to have come into contact with any person known or reasonably suspected to have contracted COVID-19 ...

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