NEWS & MEDIA

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LEGAL GUIDELINES FOR FRANCHISOR AND FRANCHISEE

The Franchisor may believe that once a franchise agreement has been signed with the Franchisee and if the agreement contains the pertinent details that they discussed, then it is indisputable. What could possibly go wrong if anything at all.

CIPC announces compulsory UBO register for South Africa

The Companies and Intellectual Property Commission (CIPC) plays a crucial role in maintaining the integrity of the South African business environment by ensuring compliance with relevant laws and regulations. On 25 February 2023, the CIPC announced that it will implement a beneficial ownership (BO) information register, commonly known as the UBO register, from 1 April 2023 . This register will require companies and trusts to disclose information about their ultimate beneficial owners (UBOs).The UBO register contains information about the individuals who ultimately own or control an entity. By identifying and registering UBOs, the CIPC aims to increase transparency around who owns and controls companies in South Africa and to prevent the abuse of corporate vehicles for illegal activities such as money laundering and terrorism financing. The UBO register is not unique to South Africa and is already mandatory in many other countries.

How does the new employment equity bill effect you?

On September 1, 2023, the long-anticipated amendments to the Employment Equity Act of 1998 will take effect in South Africa. The Employment Equity Act applies to all employers and employees who operate in South Africa, except the South African National Defense Force. The primary purpose of the Act is to promote equality and ensure that all employees receive equal opportunities in the workplace. The new Employment Equity Bill seeks to advance transformation of South Africa's workforce by setting equity targets for economic sectors and geographical regions.The Amendment Bill empowers the Minister of Employment and Labour to set employment equity targets for economic sectors and geographic regions. The amended Act allows the Minister to identify national economic sectors for the purposes of the administration of the Act and to determine regional targets given that racial diversity in South Africa often has regional differences. One of the key changes in the Bill is the regulation of unfair discrimination in situations where different employment conditions are applied to employees who do the same or similar work.

INTRICACIES OF COLLECTIVE WORKPLACE MISCONDUCT

Employers have a common law duty to maintain discipline in the workplace. However, this duty does not come without its challenges. An example would be, what do you do where you (the employer) suspect that employees are collectively involved in committing misconduct? How far do you go with the investigations and what should your investigations reveal to ensure that the employer is successful at the CCMA, as well as mitigate further risks.Recently the Labour Appeal Court, in the matter of South African Commercial Catering and Allied Workers Union and Others v Makgopela and Others (JA38/2021) [2023] ZALAC 8 (14 March 2023), examined this. The matter concerns the dismissal of a group of employees due to shrinkages at their stores over a period of at least three months in 2016.

Refusal to work overtime absent an agreement, can you be dismissed?

Employers often enter into employment relationships with employees with the primary objective of advancing their financial interests. It is the most fundamental and known principle of employment that employees are employed to advance the employer’s financial objectives – put simply, to achieve production. But what happens when the employer refuses to work overtime? Is the agreement entered into at the commencement of the employment relationship sufficient to rely on throughout the course of employment? An employer who dismissed employees for insubordination for refusing to work overtime has recently been ordered to retrospectively reinstate employees with full back pay. This arises after the employees refused to work overtime. The employer relied on their employment agreements which had an overtime clause.This clause has become common that most employers have it almost in all employment agreements and rely on it when employees refuse to work overtime throughout the course of employment.

FRANCHISE LAW, FRANCHISE AGREEMENTS AND TIPS FOR FRANCHISORS

Franchise law is specialised because we have an Act called the ConsumerProtection Act (CPA) and an attorney who deals in franchising wouldneed to understand how the provisions of the CPA are applicable to thefranchise agreement and disclosure document (the franchise documents). Whenan attorney prepares a franchise agreement, it has to comply with the CPA. Inaddition, the CPA has regulations that set out the information that needs to beinserted in a franchise agreement. I am of the opinion that if a franchise agreement does not comply with theCPA, the franchisee may resile from the franchise agreement i.e., elect toterminate the franchise agreement. Your franchise agreement is a legal documentthat contains all the obligations of the franchisee and the franchisor, whichmust also reflect the costs that a franchisee is to incur in establishing thefranchised business. In other words, there must be no hidden costs.

INTRICACIES OF COLLECTIVE WORKPLACE MISCONDUCT

Employershave a common law duty to maintain discipline in the workplace. However, this dutydoes not come without its challenges. An example would be, what do you do whereyou (the employer) suspect that employees are collectively involved incommitting misconduct? How far do you go with the investigations and whatshould your investigations reveal to ensure that the employer is successful atthe CCMA, as well as mitigate further risks. Recentlythe Labour Appeal Court, in the matter of South African Commercial Catering andAllied Workers Union and Others v Makgopela and Others (JA38/2021) [2023] ZALAC8 (14 March 2023), examined this. The matter concerns the dismissal of a groupof employees due to shrinkages at their stores over a period of at least threemonths in 2016.

IN DUPLUM RULE AND ITS APPLICATION

The in-duplum rule is a legal principle that regulates the accumulation of interest on a debt. According to this principle, the accrual of interest on a debt will halt when the total accumulated interest reaches the same amount as the outstanding principal debt. This rule originated from the legal case Standard Bank of SA Ltd vs. Oneate Investment (Pty) Ltd 1995 (4) SA 510.

BEWARE OF THE PRESCRIPTS OF THE INTEGRATED WASTE MANAGEMENT BY-LAW

The City of Cape Town’s Integrated Waste Management By-Law makes it possible for the City of Cape Town to clean up private properties at the owner’s expense.

THE DUTY OF DISCLOSURE – WHEN DEFECTS COME BACK TO HAUNT YOU

A seller, in terms of the Property Practitioners Act, Act 22 of 2019, (the Act) per section 67, has a duty to disclose all defects in the property. It’s a rather broad statement and leads one to ask what if they were not aware of certain defects? An example of such would be subduction of earth under the foundation after heavy rains leading to damage to the property due to the foundation being compromised. This would not be considered under the purview of the act as it is not a patent defect… a defect that is so obvious and visible that it must be disclosed. It could be a latent defect that the seller was not aware of, and only became apparent because of the weather.

ANTON PILLER ORDERS

An Anton Piller Order is an order sought by way of an urgent ex parte application for immediate relief by an applicant who suspects that notifying the respondent will have the effect of affording the respondent time to either hide or destroy evidence which the Applicant requires in anticipated litigation. The aim of the order is the preservation of specific evidence.

HOW TO OBTAIN A PROTECTION ORDER IN SOUTH AFRICA

A protection order is a legally mandated instrument designed to shield individuals from domestic violence or harassment. While the legal terrain may appear complex, we aim to provide clear and accessible information to empower individuals seeking protection.

SARS IS EMPLOYING AGGRESSIVE METHODS TO RECOVER OUTSTANDING DUES

In the midst of a challenging fiscal landscape in South Africa, where a mounting budget deficit is exacerbated by strained tax collections, the South African Revenue Service (SARS) has taken an uncompromising stance against tax evasion. This intensified approach to revenue collection demands the attention of every taxpayer, prompting a crucial call to action. As your legal advisors, we urge you to stay vigilant and proactive in managing your tax affairs, for the consequences of negligence have never been more severe.

How to handle employees claims of contracting COVID-19 and their subsequent absence

Employers have had to adapt to continue with their business operations during the Covid-19 pandemic, the ensuing lockdowns, and strict government regulations. Those companies able to work online from home have greatly mitigated the risks of staff contracting Covid-19 and potentially affecting their business operations.

Mandatory vaccination policies in the workplace. Are they lawful and enforceable?

As the world slowly crawls back to some semblance of normality and many countries consider lifting their travel bans, one topic of debate is ongoing, both in South Africa and abroad. Can and should companies implement mandatory vaccination policies on their employees?

COVID-19 Lockdown and its impact on the movement of minor children between co-holders of parental responsibilities and rights for purposes of exercising contact to minor children

On 7 April 2020, the Minister of Social Development issued new Directions which allows the movement of children between co-holders...

Fake news in the era of COVID-19

Globally, the COVID-19 (Coronavirus) pandemic continues to wreak havoc. South Africa is currently in the midst of a 21-day shut...

KEEP YOUR VACANT PROPERTIES TIDY OR FACE AN ACCOUNT FROM THE CITY OF CAPE TOWN

In 2003, The City of Cape Town enacted a By-Law titled “The Environmental Health By-Law”.

THE NEW NATIONAL BIODIVERSITY OFFSET GUIDELINE: A STEP TOWARDS BALANCING DEVELOPMENT AND CONSERVATION

Biodiversity offsetting is a conservation strategy that aims to compensate for the negative impacts of development projects on biodiversity by creating or restoring ecosystems elsewhere. It involves calculating the ecological value of an area that will be disturbed or destroyed due to human activities, such as construction, mining, or infrastructure development, and then creating or enhancing similar habitats in other locations to counterbalance the loss.

THE TIDE IS TURNING: A NEW WAVE OF SHAREHOLDER ACTIVISM?

Times are changing, and shareholders are now playing a more prominent role in shaping corporate behaviour. Activist shareholders are increasingly pointing out issues including environmental, social, and governance (ESG) considerations.

FROM THE VIEWPOINT OF OLIVIA PEROTTI

I've proudly served as a Consultant Attorney at Thomson Wilks since 2018, with a primary focus on Family and Immigration Law. While my specialization lies in immigration law, I often encounter cases with a family law dimension. My ultimate goal is to help my clients navigate the legal pathway to fulfilling the life they've always envisioned.

DEMYSTIFYING JURISDICTION: HOW A DOMICILIUM ADDRESS IMPACTS COURT JURISDICTION

Legal proceedings involve various critical components, two of which are particularly noteworthy: Domicilium and Jurisdiction.

BREAKING BARRIERS: SOUTH AFRICA'S CONSTITUTIONAL COURT CHAMPIONS EQUALITY IN IVF PARENTING RIGHTS FOR UNMARRIED COUPLES

In a landmark decision, South Africa's Constitutional Court upheld the Gauteng High Court ruling, in the case of “VJV AND ANOTHER v MINISTER OF SOCIAL DEVELOPMENT AND ANOTHER [2023] ZACC 21”, that Section 40 of the Children's Act is unjustifiably discriminatory based on marital status and sexual orientation. This decision stems from a court bid initiated by a lesbian couple, highlighting the Act's inequity in granting parental responsibilities and rights to children conceived through in vitro fertilization (IVF). The judicial challenge drew attention to the Act's exclusion of "permanent life partner" in favor of "spouse" and "husband," which disadvantaged unmarried couples.

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NEWS & MEDIA

(featured article)

LEGAL GUIDELINES FOR FRANCHISOR AND FRANCHISEE

Read more

read more

CIPC announces compulsory UBO register for South Africa

read more

How does the new employment equity bill effect you?

read more

INTRICACIES OF COLLECTIVE WORKPLACE MISCONDUCT

read more

Refusal to work overtime absent an agreement, can you be dismissed?

read more

FRANCHISE LAW, FRANCHISE AGREEMENTS AND TIPS FOR FRANCHISORS

read more

INTRICACIES OF COLLECTIVE WORKPLACE MISCONDUCT

read more

IN DUPLUM RULE AND ITS APPLICATION

read more

BEWARE OF THE PRESCRIPTS OF THE INTEGRATED WASTE MANAGEMENT BY-LAW

read more

THE DUTY OF DISCLOSURE – WHEN DEFECTS COME BACK TO HAUNT YOU

read more

ANTON PILLER ORDERS

read more

HOW TO OBTAIN A PROTECTION ORDER IN SOUTH AFRICA

read more

SARS IS EMPLOYING AGGRESSIVE METHODS TO RECOVER OUTSTANDING DUES

read more

How to handle employees claims of contracting COVID-19 and their subsequent absence

read more

Mandatory vaccination policies in the workplace. Are they lawful and enforceable?

read more

COVID-19 Lockdown and its impact on the movement of minor children between co-holders of parental responsibilities and rights for purposes of exercising contact to minor children

read more

Fake news in the era of COVID-19

read more

KEEP YOUR VACANT PROPERTIES TIDY OR FACE AN ACCOUNT FROM THE CITY OF CAPE TOWN

read more

THE NEW NATIONAL BIODIVERSITY OFFSET GUIDELINE: A STEP TOWARDS BALANCING DEVELOPMENT AND CONSERVATION

read more

THE TIDE IS TURNING: A NEW WAVE OF SHAREHOLDER ACTIVISM?

read more

FROM THE VIEWPOINT OF OLIVIA PEROTTI

read more

DEMYSTIFYING JURISDICTION: HOW A DOMICILIUM ADDRESS IMPACTS COURT JURISDICTION

read more

BREAKING BARRIERS: SOUTH AFRICA'S CONSTITUTIONAL COURT CHAMPIONS EQUALITY IN IVF PARENTING RIGHTS FOR UNMARRIED COUPLES

read more

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