News & Articles

Alert: South Africa’s grey listing means extensive new compliance requirements!

Alert: South Africa’s grey listing means extensive new compliance requirements!

The announcement on Friday that South Africa has been grey listed has come as a shock to many South Africans blissfully unaware of this sword hanging over our heads. For those in the know, grey listing has been unavoidable given the damning reports levelled against weaknesses in our money laundering and financial control framework. But besides hurting our economy the grey listing has also forced government to introduce stricter control measures to correct the shortcomings and hopefully have the grey listing removed over time. And these control measures will affect all businesses and individuals in some way or another.

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Prescription and claims against organs of state

Prescription and claims against organs of state

Claims against the state may arise from several causes of action. Important to remember though is that claims against organs of state are also subject to prescription, and care should be taken to not let your claim prescribe. In this article, we examine the current legal position in respect of prescription and claims against the state.

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‘Baked’ at work? What can happen?

‘Baked’ at work? What can happen?

Recently a client approached us with a concern arising from the well-known Minister of Justice and Constitutional Development & Others v Prince & Others case wherein the use, cultivation and possession of marijuana were decriminalised. Our client was concerned that employees were arriving at work under the influence of cannabis claiming that they are now constitutionally allowed to use cannabis and that as an employer he could do nothing about it. Is this so, and did the Prince case in effect also legalise the use of cannabis at the workplace?

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BEE and the new Preferential Procurement Regulations

BEE and the new Preferential Procurement Regulations

Following the Constitutional Court judgment in February 2022 where the 2017 Preferential Procurement Regulations were declared invalid, there has been a misconception that this court decision has resulted in the wholesale scrapping of BEE when it comes to public procurement. Now with the new Preferential Procurement Regulations taking effect as of 16 January 2023, many tenderers are unsure of the extent to which BEE will still apply in public procurement.

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Don’t get caught napping with a time-bar clause in your construction contract

Don’t get caught napping with a time-bar clause in your construction contract

Clients are often surprised when they discover clauses in their construction contract that requires them to give notice to the building contractor, usually within very short periods of time, of their intention to dispute a set of circumstances, failing which, they lose their right to refer such a dispute for dispute resolution. This then raises the question of why these clauses are present and how enforceable they are.

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Terminating a contract – beware of the fine print!

Terminating a contract – beware of the fine print!

In the world of contracts, the concluding of a contract is only the beginning of the process. Managing a contract to conclusion, including navigating all the pitfalls along the way, is just as big a part of the overall success of a contract. In this article we will explore the importance of correctly terminating a contract, as, let’s face it, things don’t always go to plan and you may need to climb out of a bad contract situation.

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Trustees beware! You can now be fined and jailed!

Trustees beware! You can now be fined and jailed!

Trusts have for some time now been the target of criticism for their alleged use and abuse in the money laundering environment. The latest challenge to the trust comes in the form of a major amendment to South Africa’s anti-money laundering framework by the General Laws (Anti-Money Laundering and Combatting Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) which holds serious implications for trusts and trustees. In this article we will focus specifically on how the trust form is abused and how the Amendment Act aims to curb such abuse.

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New anti-money laundering amendment legislation to affect companies and trusts

New anti-money laundering amendment legislation to affect companies and trusts

Major amendments to South Africa’s anti-money laundering framework have almost unnoticed introduced serious changes to the trust and company law environment, including the addition of hefty fines and jailtime for trustees! So, although these changes have been aimed at the fight against money laundering and terrorism, the real impact of the amendments will be far wider.

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New notification requirements for small business mergers

New notification requirements for small business mergers

“New guidelines for small merger notification have been issued by the Competition Commission and businesses should take note of these when considering any mergers or acquisitions in the coming year. In this article, we look at the main aspects of these new guidelines.”

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Can an employer dock an employee’s salary due to loadshedding?

Can an employer dock an employee’s salary due to loadshedding?

“With loadshedding woes affecting all businesses and causing widescale disruption to work hours, employers have started asking whether they can dock employee pay if employees are not able to work as a result of loadshedding. In this article, we unpack this question and give guidance on the legal position.”

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