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Latest Insights

Will AI be steering the future of M&A?

31 March 2025

The use of artificial intelligence (AI) will inevitably in some way become part of the day-to-day operations of most businesses.... In the fast-paced and competitive world of business, mergers and acquisitions (M&A) have long been a vital strategy for companies looking to expand their reach, increase market share, or diversify their portfolios. 

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42
Article

Car balloon payments: Pop goes your budget!

31 March 2025

A car balloon payment may not be quite as festive as it sounds. Consumers often don’t consider the down-the-road impact... of a balloon payment. In this article, we look at the balloon payment structure and what consumers can do to manage this or alternatives that can be considered when procuring a vehicle.

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46
Article

When does the Property Transfer clock start in a divorce?

31 March 2025

A recent Chief Registrar’s Circular has shed light on the challenges of determining the correct transaction date for divorce-related property... transfers—especially when settlement agreements are amended after the divorce. 

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45
Article

To vote or not to vote: Post-Commencement business rescue creditors

31 March 2025

The Supreme Court of Appeal has ruled on a critical issue in business rescue proceedings—can post-commencement creditors vote on rescue... plans? The Mashwayi Projects v Wescoal case brings much-needed clarity, shaping the future of business rescue in South Africa. Find out what this means for creditors, financially distressed companies, and the business rescue process.

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55
Article

Can your cell phone get you fired?

31 March 2025

Using a cell phone has become so accepted that employees easily forget or ignore the fact that their use at... work may not be approved or allowed by the employer. However, failing to adhere to employer policies on cell phone use could potentially have serious consequences for an employee.

READ MORE
38
Article

New SARS reporting puts trusts under the microscope

31 March 2025

SARS has issued stern warnings to trustees to ensure the accurate and honest submission of trust tax returns and made... it abundantly clear that trustees can no longer shift the responsibility of managing a trust’s tax affairs entirely to tax practitioners. This article aims to guide trustees on SARS’ latest tax reporting requirements. 

READ MORE
54
Article

Merger retrenchments or operational cuts – Where’s the line?

27 February 2025

When is a retrenchment truly merger-related? The Constitutional Court’s ruling in the Coca-Cola case reshapes the debate on job cuts... and business survival.

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94
Article

New rules: will we say goodbye to unwanted direct marketing?

27 February 2025

The Minister of Trade, Industry and Competition published draft amendments to Regulation 4 of the Consumer Protection Act 68 of... 2008 (“CPA”) for comment late in 2024. The amendments relate to direct marketing communications in South Africa providing for an opt-out registry as well as a pre-emptive block on direct marketing. In this article, we highlight some of the proposed amendments and how this may be a game changer for consumers and direct marketers.

READ MORE
102
Article

Will AI be steering the future of M&A?

31 March 2025

The use of artificial intelligence (AI) will inevitably in some way become part of the day-to-day operations of most businesses.... In the fast-paced and competitive world of business, mergers and acquisitions (M&A) have long been a vital strategy for companies looking to expand their reach, increase market share, or diversify their portfolios. 

READ MORE
42
Article

Car balloon payments: Pop goes your budget!

31 March 2025

A car balloon payment may not be quite as festive as it sounds. Consumers often don’t consider the down-the-road impact... of a balloon payment. In this article, we look at the balloon payment structure and what consumers can do to manage this or alternatives that can be considered when procuring a vehicle.

READ MORE
46
Article

When does the Property Transfer clock start in a divorce?

31 March 2025

A recent Chief Registrar’s Circular has shed light on the challenges of determining the correct transaction date for divorce-related property... transfers—especially when settlement agreements are amended after the divorce. 

READ MORE
45
Article

To vote or not to vote: Post-Commencement business rescue creditors

31 March 2025

The Supreme Court of Appeal has ruled on a critical issue in business rescue proceedings—can post-commencement creditors vote on rescue... plans? The Mashwayi Projects v Wescoal case brings much-needed clarity, shaping the future of business rescue in South Africa. Find out what this means for creditors, financially distressed companies, and the business rescue process.

READ MORE
55
Article

Can your cell phone get you fired?

31 March 2025

Using a cell phone has become so accepted that employees easily forget or ignore the fact that their use at... work may not be approved or allowed by the employer. However, failing to adhere to employer policies on cell phone use could potentially have serious consequences for an employee.

READ MORE
38
Article

New SARS reporting puts trusts under the microscope

31 March 2025

SARS has issued stern warnings to trustees to ensure the accurate and honest submission of trust tax returns and made... it abundantly clear that trustees can no longer shift the responsibility of managing a trust’s tax affairs entirely to tax practitioners. This article aims to guide trustees on SARS’ latest tax reporting requirements. 

READ MORE
54
Article

Merger retrenchments or operational cuts – Where’s the line?

27 February 2025

When is a retrenchment truly merger-related? The Constitutional Court’s ruling in the Coca-Cola case reshapes the debate on job cuts... and business survival.

READ MORE
94
Article

New rules: will we say goodbye to unwanted direct marketing?

27 February 2025

The Minister of Trade, Industry and Competition published draft amendments to Regulation 4 of the Consumer Protection Act 68 of... 2008 (“CPA”) for comment late in 2024. The amendments relate to direct marketing communications in South Africa providing for an opt-out registry as well as a pre-emptive block on direct marketing. In this article, we highlight some of the proposed amendments and how this may be a game changer for consumers and direct marketers.

READ MORE
102
Article
GO
GO
Filter: COVID-19
How you can get fired for airing an opinion on WhatsApp

15 September 2022

With the prevalence of social media and platforms for sharing information, is it possible that you can get fired for... a post or group message you made?

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1233
Article
Can you dismiss an employee for refusing to be vaccinated?

21 March 2022

Many companies are struggling with the question of whether they can make it mandatory for their employees to be vaccinated... against the Covid-19 virus and, if necessary, even take disciplinary steps against an employee who refuses to be vaccinated. So what does our law say about this?

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656
Article
Can you be dismissed for not wearing a face mask at work?

12 October 2021

I’m an HR manager and also responsible for health and safety at my workplace. Lately I’ve noticed an increasing number... of employees failing to keep their Covid masks on at work, despite regular warnings. My employer is very worried about this and has asked if we are allowed to dismiss employees that blatantly fail to adhere to our Covid-19 protocol of wearing a face mask. Not wearing a face mask is in my view very serious, but dismissing someone is also a serious step. Can someone be dismissed for not wearing their face mask?

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553
Article
POPIA and remote working employees

14 September 2021

I’m the owner of a small financial services firm. With Covid-19, like many businesses, we enabled staff to work from... home. The arrangement is working well and we are contemplating retaining the option of remote work for some of our staff. Is there anything specific we need to do from a POPIA perspective in respect of such remote working staff?

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865
Article
Can Covid-19 vaccinations be made compulsory by employers?

10 August 2021

I work in a large retail store, and rumours are that my employer is going to require all employees to... be vaccinated for Covid-19. I don’t have a problem with anyone getting the vaccine, but I haven’t made up my mind yet as to whether I want to get vaccinated. What are my rights in this regard, and can my employer force me to get vaccinated?

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717
Article
Can my employee refuse to come to work because of Covid-19?

16 March 2021

Although we are nearing the tail-end of the Covid-pandemic, I still have a number of my employees that are refusing... to come to work because of Covid-19. I’ve tolerated them being at home, but my problem is that there is very little work they can do from home, yet I have to pay them. Can I force them to come back?

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717
Article
The final say on business interruption insurance and Covid-19

16 March 2021

I’ve been following the media reports relating to the Café Chameleon case and their claim that their business interruption insurance... covers losses suffered due to Covid-19. The last I heard was that this case was being appealed by the insurer. I have a similar argument going with my insurers, and would like to know whether there is any finality yet on the matter.

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1125
Article
What Covid tax relief measures can my company qualify for?

06 January 2021

I have a construction company which has been hard hit by the Covid-pandemic and although I have managed to keep... our doors open and not retrench my employees, we are in dire straits. I understand that there are some tax relief measures which I can access to assist my company. Is this true?

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753
Article
The rights of a dissenting shareholder in a scheme of arrangement

10 November 2020

I’m a minority shareholder in a company that has been approached by a buyer willing to buy out all the... shareholders. Because of Covid-19 the company has suffered financially and I know that the shareholders holding more than 75% of the company will want to accept the offer even though I believe it to be far below the market value of the shares. Is there any remedy at my disposal?

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773
Article
Service provider or labour broker?

10 November 2020

Our company wants to help out one of our oldest clients by allowing some of our labourers to work for... a few months for the client on a project at the client’s site. The client has had to layoff staff during Covid-19 and we would temporarily help him out with our labourers. We would continue to pay our staff with the client paying us a service fee for the labourers and other support services. Our human resources manager however is concerned that we could be seen as labour brokers should we move forward with this arrangement. Would this be the case?

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787
Article
Business interruption insurance and Covid-19

11 September 2020

I’m a restauranteur and have suffered massive losses during the Covid-19 lockdown. I was just wondering whether there are any... insurance options I may have or could look into to make up for some of the losses in my business due to Covid-19?

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830
Article
Validity of lock-in provisions in BEE transactions

11 September 2020

A few years ago, our company entered into a BEE transaction with BEE partners to address our ownership. In the... transaction documents, restrictions were imposed on the BEE partners that they could not sell or encumber their shares for a period of at least ten years. These lock-in provisions were a necessary part of the financing and overall transaction. With the current difficult economic times, our partners want to sell a portion of their shares and are disputing the validity of our lock-in provisions. Are lock-in provisions legally enforceable?

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765
Article

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