The right to strike is enshrined in section 23 of the South African Constitution and regulated in some detail in the LabourRelations Act, 1995 (“LRA”). It is a valuable arrow in the quiver of strategies to be considered by employees when engaging in collective bargaining, but employers also have recourse when it comes to collective bargaining: locking out employees. In a sense, the right to strike and the recourse to a lock-out in this context are two sides of the same coin ...
In light of the widespread impact of the coronavirus (COVID-19), various tax measures that companies and individuals should be aware of have been announced by the Mauritius authorities: WAIVER OF INTERESTS AND PENALTIES FOR LATE FILINGS OR LATE PAYMENTS On 20 March 2020, the Mauritius Revenue Authority (“MRA”) issued a communiqué stating that taxpayers who are unable to submit returns, or effect payment of tax because of the lockdown will not be charged any penalty o
An announcement made by The Stock Exchange of Mauritius Ltd (“SEM”) and the Central Depository & Settlement Co. Ltd (“CDS”) confirmed that on April 3 2020, the Financial Services Commission (“FSC”) revoked the order of 2 April 2020 for the temporary cessation of the operations of the SEM ...
The Competition Commission of Mauritius (“CCM”) has issued acommuniquéon 9 April 2020 stating that it understands that: enterprises may have to collaborate during these uncertain times in order to ensure provision of essential products and services; certain prohibitions as contained under the Competition Act 2007 (the “Act”) may create uncertainty as to what may be permissible in terms of collaboration in the context of the Coronavirus (COVID-19) ...
Since the outbreak of the coronavirus (COVID-19), the Bank of Mauritius has been closely monitoring its economic impact on the banking sector and the Mauritian economy.On 10 March 2020, the Monetary Policy Committee of the Bank of Mauritius reduced the key repo rate by 50 basis points to 2.85% per annum and on 13 March 2020, the Bank of Mauritius introduced a Support Programme to further assist Mauritian Businesses across all economic sectors ...
The outbreak of the Coronavirus (COVID-19) pandemic and the incidental measures adopted by the Mauritian government represent serious potential impact for financial institutions in general. Below, we examine the recourses available to borrowers facing financial hardship as a result of the pandemic and its aftermath. We consider only credit facilities, that is, agreements by which financial institutions advance money to their clients for repayment either in instalments or at term ...
The outbreak of the Coronavirus (COVID-19) pandemic and the incidental measures adopted by the Mauritian government represent serious potential impact for financial institutions in general. Below, we examine the recourses available to borrowers facing financial hardship as a result of the pandemic and its aftermath. We consider only credit facilities, that is, agreements by which financial institutions advance money to their clients for repayment either in instalments or at term ...
Following our previous ENSight on the assistance scheme announced by the Mauritian Prime Minister, the government has decided to extend its scheme to the informal sector and take general measures aiming to facilitate the life of everyone during this crisis. Self-employed individuals Government has offered, to self-employed individuals, financial support amounting to half of the guaranteed income for the period between 16 March 2020 to 15 April 2020 ...
South African readers will know that Meghan Markle was a recent visitor to our shores. Meghan’s husband Prince Harry came too, but people weren’t too interested in him. As far as I am aware, Meghan had no problems with the South African press. She also had no copyright issues in South Africa. So, a far cry from what she is experiencing right now in the UK, her adopted home. Meghan is now involved in legal proceedings with the Mail on Sunday, a major British newspaper ...
On February 13, President Cyril Ramaphosa announced the promulgation of certain significant sections of the Competition Amendment Act, 2018, including a change to the confidentiality regime, the new buyer power provision and the new price discrimination provision. The trade & industry minister has also published new regulations on buyer power and price discrimination ...
A state of emergency, in order to combat the Coronavirus (COVID-19) epidemic, has been imposed in Mozambique, with effect from 1 April 2020. This follows the Presidential Decree issued by President Filipe Nyusi on 30 March 2020 and ratified by the Mozambican Parliament. This unprecedented state of emergency is intended to last until 30 April 2020 ...
In order to provide guidance to litigators in navigating the national state of disaster, the Chief Justice has issued two sets of directives that apply to all courts across the country. The first was issued on 17March2020, and contained provisions restricting the number of people allowed in courts and implemented decontamination and social distancing protocols. The second was issued on 17 April 2020, and is to be read in conjunction with the initial directive ...
NEWSFLASH The commencement date of POPIA is no April Fool’s joke. the 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 ...
On 27 March 2020, the Minister of Mineral Resources and Energy (the “Minister”) published the Amendments to the Mineral and Petroleum Resources Development Regulations (“MPRDA Regulations”) for implementation under GNR.420 inGovernment Gazette43127 (the “Amended Regulations”) ...
In view of the impending implementation of the Portable Gratuity Retirement Fund (“PRGF”), the Minister of Labour, Human Resource Development and Training has issued The Workers’ Rights (Portable Retirement Gratuity Fund) Regulations 2020 (the “PRGF Regulations”), deemed effective as from January 1, 2020. The implementation of the PRGF was, by a decision of Cabinet on December 13, 2019, postponed from 1 January 2020 to 1 April 2020 ...
With effect from 14 March 2020, Rwanda’s Ministry of Health and other governmental bodies have issued several measures that will be implemented in order to mitigate the risk of the coronavirus (COVID-19). This was turned into an almost total lockdown with immediate effect by a communiqué issued by the Office of the Prime Minister on 21 March 2020 and which will be in force during a two-week period (with possibility of extension) ...
This article is an updated version of the article published on 16 March 2020. On 15 March 2020, South African President Ramaphosa announced the declaration of a national state of disaster, as a result of the recent events surrounding the rise in coronavirus (COVID-19) infections in South Africa. The declaration of a national disaster was made in terms of the Disaster Management Act, 2002 (the "DMA") ...
In the wake of the rapid developments to the Coronavirus (COVID-19) Temporary Relief Scheme (“C19 TERS”) in the past few weeks, it is critical that employers remain informed and up-to-date on the latest processes in place. The C19 TERS was established to compensate employees who have lost income due to the COVID-19 pandemic, through the Unemployment Insurance Fund (“UIF”) ...
Application of the Occupational Health and Safety Act, 1993 (the "OHASA")? Several health and safety obligations (both general and specific) towards employees are imposed on an employer or user in respect of the "workplace". The term "workplace" is also defined broadly in the OHASA as "any premises or place where a person performs work in the course of his employment" ...
The coronavirus (COVID-19) pandemic is changing the way we live, interact and conduct business. The Broad-based Black Economic Empowerment (“B-BBEE”) world in South Africa is no different. All companies undergoing a B-BBEE verification are required to permit their B-BBEE verification agencies to conduct on-site inspections and personal interviews as part of the verification process ...
