Articles
Corporate & Commercial Law News letter, Proposed Changes to the BEE Codes of Good Practice
It has been 5 years since the Codes of Good Practice in terms of the Broad-Based Black Economic Empowerment Act, 53 or 2003, were published.
Corporate & Commercial Law, Newsletter, The New Companies Act: Piercing the Corporate Veil
For the first time in South African company law, the remedy known as 'piercing the corporate veil' has been incorporated into our company legislation.
Corporate & Commercial Law Newsletter, Minority Protection under the Companies Act 71 of 2008
A minority shareholder often has no voice in the management of the company, and can be outvoted at shareholders’ meetings.
Corporate & Commercial Law Newsletter, Legal Professional Privilege and SARS
An ever-present but increasing source of uncertainty amongst taxpayers in South Africa is the extent of SARS' powers.
Customs@Wylie Update - Notice 955 Anti-dumping Frozen Chips
Notice of an initiation of the investigation for remedial action in the form of a safeguard against the increased imports of frozen chips.
Litigation Update on a Judgment handed down in the Supreme Court Of Appeal Judgment
Attached for your information a copy of the judgment that was delivered by the Supreme Court of Appeal last Friday, 9 November 2012, in an application that was brought by SAPOA against the City Council of JHB and Four Others.
Conveyancing & Property Update FNB Property Barometer - 3rd Quarter Segment House Price Review
The 3rd quarter of 2012 showed a general narrowing in the gaps in price growth performances between different segments of the housing market, it would appear, according to FNB housing data.
Mining, Minerals & Energy Update Supreme Court of Appeal Judgment - Bright Bay Property Service v Moravian Church in SA
On 31 October 2012, the Western Cape High Court handed down a judgment (Bright Bay Property Service (Pty) Ltd v The Moravian Church in South Africa, Case No 3130/12) which should serve as a warning to all mining companies who do not wish to allow their mineral licenses / permits to inadvertently lapse.
Employment & Pension Law Newsletter - Bar on lawyers in CCMA may be lifted
A recent judgment could mean that attorneys will be allowed to represent parties at the CCMA in all unfair dismissal disputes. Currently, the CCMA Rules provide that in cases of misconduct and incapacity, parties are not entitled to be represented by legal practitioners.
Conveyancing & Property Update, FNB Property Barometer, Emigration & Foreign Buying Oct 2012
2012 has been something of a turbulent year politically and socially.
Employment & Pension Law Department - Job specs not black & white
The Labour Court held in a recent judgment Van Dyk v Kouga Municipality that it may be sufficient for the job applicant to have the capacity to achieve the qualification listed in the job advert. Mr Van Dyk, a white male, alleged he was unfairly discriminated against on the basis of sex or race when the Municipality failed to appoint him to the post of platoon officer in the Fire Department.
Employment & Pension Law Department - Material non-disclosure found to be dishonest
The case of Herholdt v Nedbank Ltd involved a financial broker who failed to disclose to his employer, Nedbank, that a client had nominated him as a beneficiary in his will. This was in contravention of Nedbank's Conflict of Interest and Ethics policy. Herholdt avoided a number of opportunities to disclose the bequest to his employer, which lead to a finding of dishonesty and he was dismissed from the Bank after 14 years' service.
Employment & Pension Law Department - The Protection of Personal Information Bill
The Protection of Personal Information Bill, 2009 ("the Bill") will have significant implications for employers in terms of how they collect, store, disseminate and delete employee personal information.
Employment & Pension Law Department - EEA reviews by Director-General
We have noticed an increase in section 43 reviews
Employment & Pension Law - Welcome back Kate Staude
Kate has returned to S&W following 2 years in the UK
Corporate & Commercial Law Department
"Enter at your Own Risk" and other Exemption Notices and the Consumer Protection Act, 68 of 2008 - Are You Protected?
