MEDIA AND ARTICLES
Please note the views expressed on this page are not those of the Chamber, but solely from the posting member.
THE FINANCIAL ACTION TASK FORCE (FATF) GREYLISTING OF SOUTH AFRICA: WHAT IT MEANS TO DO BUSINESS IN SOUTH AFRICA
A strong economy requires a strong, resilient and sophisticated financial services system which will help ease trade and make it seamless. Additionally, and importantly, the system must have integrity and inspire confidence both domestically and internationally. The...
Alude Xuba: SA’s new Two-Pot pension system explained (available to read in isiZulu)
Starting September 2024, South Africa will implement the two-pot pension system, allowing public service employees to access one-third of their retirement savings before retirement and the rest upon retirement. This system aims to reduce indebtedness among employees...
Tackling the South African Grid Crisis with Public-Private Partnerships
The provision of a consistently reliable energy supply inherently requires that the generation, transmission and distribution elements of an electricity supply network are considered and hence also planned, designed, operated and maintained as part of an integrated...
A cautionary tale on data protection
A Cautionary Tale on Data Protection: a reminder on ensuring specific adherence to the lawful processing of personal information as an essential to compliance under POPIA On 1 September 2023, a major South African pharmaceutical company (“the Company”) was issued with...
A progressive step towards parental leave: High Court declares various provisions of legislation regulating parental leave as unconstitutional
The judgment indeed has far-reaching implications when it pertains to the entitlement of both maternity and paternity leave allocation under the BCEA and as read with the UIF Act. It accordingly broadens the scope of maternity leave, traditionally allocated for...
MOU signed between ABCSA & SACCI
Mr. Danny Vengedasamy of the South African Chamber of Commerce and Industry (SACCI) and Mr. Shaun Mills of the Australian Business Chamber of South Africa (ABCSA) signed a Memorandum Of Understanding aimed at fostering relationships between the two chambers where...
Enforcement of an agreement not to sue
A pactum de non petendo (“pactum”) is an agreement between parties whereby one party agrees not to institute legal proceedings against the other party, either temporarily or permanently. A pactum usually suspends the enforcement of a commercial contract for a specific...
Labelling misconduct – a source of clarity or confusion
In the workplace there is a temptation to label alleged misconduct, either because we consider doing so makes the misconduct appear more serious, or we consider it necessary to do so as part of a formal disciplinary process. Contrary to that instinct, the Labour...
Fair Value Frenzy
In the recently reported judgment of BNS Nominees (RF) Proprietary Limited and Another v Arrowhead Properties Limited and Others 2023 (1) SA 478 (GJ), the Johannesburg High Court provided clarity regarding certain provisions of section 164 of the Companies Act No. 71...
Auto & General Wins The 2022/2023 Short-Term Insurance Ask Afrika Orange Index Award
Auto & General Insurance has been announced as the overall winner in the short-term insurance category in the 2022/2023 Ask Afrika Orange Index® awards. The Ask Afrika Orange Index® has been at the forefront of service benchmarking and is the broadest,...
Shareholder recourse for a director’s breach of fiduciary duties
A company’s board of directors bears the responsibility for the functioning and management of the company and is ultimately accountable for the company’s performance. In terms of the South African common law and the Companies Act, 2008 (“Companies Act“), directors have certain fiduciary duties. But what happens when the directors breach those duties? What are the rights of the shareholders in that instance?
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Taxpayer’s appeal upheld due to SARS’ tardiness
An inordinate delay in finalising a tax dispute can have a severely prejudicial effect on a taxpayer who is obliged to pay first and argue later. The recent decision by the Tax Court in F Taxpayer v The Commissioner for the South African Revenue Service[1] has shown that the courts will be loathe to condone excessive delays by the South African Revenue Service (the “SARS”) during the dispute resolution process.
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Data Privacy
The Information Regulator keeps an eye out on the Department of Health’s compliance
On 22 April 2022, the Information Regulator (“the Regulator”) issued a media statement calling upon the National Department of Health (“the Health Department”) to provide it with information demonstrating the Health Department’s compliance with the Protection of Personal Information Act, 3 of 2014 (“POPIA”).
To read more, click on the link
The Employer’s Taking Over of the Works under FIDIC clauses 10.1 and 10.2
Clause 10 of the International Federation of Consulting Engineers suite of construction contracts (the “FIDIC Contracts”), which deals with “Employer’s Taking Over”, can be a difficult section of the FIDIC Contracts to navigate.
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New BCEA Earnings Threshold
On 9 February 2022, the Minister of Employment and Labour published his determination of a new earnings threshold under the Basic Conditions of Employment Act, 1997.
With effect from 1 March 2022, the threshold will increase from the current R211 596.30 pa (equivalent to R17 633.03 per month) to R224 080.48 (equivalent to R18 673.37 per month).
To read more, click on the link
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