MEDIA AND ARTICLES
Please note the views expressed on this page are not those of the Chamber, but solely from the posting member.
The Future of Work is Now – Embrace It by Ian Bessarabia
By 2022, at least 54% of all employees will require significant reskilling and upskilling. (World Economic Forum Report on the Future of Jobs). The future of work is now and the problem we are solving is not adapting to new technologies, but adapting to the dynamism...
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”).
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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).
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