About pietervdm

This author has not yet filled in any details.
So far pietervdm has created 333 blog entries.

Taking “refuge” in the Immigration Act

Foreigners seeking asylum and refuge in the Republic of South Africa (“RSA”) should take note of the circumstances surrounding such applications and the requirements when applying therefor. The previous blanket ban on asylum seekers has recently been set aside in the matter of Ahmed and Others v Minister of Home Affairs and Another (“Ahmed Case”). [...]

Proposed Code of Good Practice on Collective Bargaining, Strike Action and Picketing

In terms of the Labour Relations Act No. 66 of 1995 (“LRA”) and in accordance with section 64(1), every employee has a right to strike. Under the previous Labour Relations Act No. 28 of 1956 (“Old Act”), in order for a strike to be protected, it must have been preceded by a strike ballot (“Ballot”). [...]

Commercial Court open for business in South Africa

The South African courts are well known for their backlogs on court rolls and deferred “trial dates”. The Commercial Court (“CC”) has been revived by the Gauteng Division of the High Court of South Africa. The effect of this is that companies can now approach the CC to resolve company disputes faster and more efficiently. [...]

“But wait there’s more”

As consumers, we all receive those untimely phone calls which start with “Hello sir, can I offer you product X. It will only take about 5 minutes of your time” This is because consumers fall victim to direct marketing by telemarketers daily. It is important for consumers to know their rights when dealing with direct [...]

Differentiation and discrimination in the workplace

Section 6 of the Employment Equity Act 55 of 1998 (“Act”) is the cornerstone of the prohibition against unfair discrimination in the workplace. Section 6 prohibits direct and indirect unfair discrimination against an employee and in any procedure or policy on the listed grounds of race, gender, sex, pregnancy, marital status, family responsibility, ethic or [...]

Companies Amendment Bill 2018

South Africa has waited a long time for the Companies Act No. 71 of 2008 (“Companies Act”) amendment bill (“Amendment Bill”) to be published and finally it has. The Bill was published on 21 September 2018 for comments and is still open for comments until the 20 November 2018. The following are a few of [...]

Costs of credit: When consumers “join-the-club”

The high costs charged in relation to credit agreements is an ever-present concern. It is important for both consumers and credit providers to be mindful of the various fees charged in respect of credit agreements, as such fees could be strictly prohibited under the National Credit Act No 34 of 2005 (“NCA”). This article will [...]

Cannabis ruling by the “highest” court in South Africa –Implications of the judgement in the workplace

The Republic of South Africa (“South Africa”) is, as of the 18th of September 2018, one of 34 (thirty-four) countries worldwide, that has lifted the ban on cannabis. In the ground-breaking consolidated matter of Minister of Justice and Constitutional Development and Others v Prince; National Director of Public Prosecutions and Others v Rubin; National Director [...]

Income Tax: What employees should know

Employees might attempt to escape a tax liability on a portion of their income received in another country, however in a recent Court decision it was confirmed that the foreign income shall nevertheless be subject to tax consequences where such income was paid by a South African based employer, irrespective of the fact that the [...]

“A feast of knowledge at the 2nd African Labour Law Society conference.”

On the 6th of September VDMA attended the 2nd regional congress of the African Labour Law Society (“ALLS”), hosted at Century City Conference Centre in Cape Town. We were in great company with all the major law firms, not only from South Africa, but from around the continent. Also, in our company were representatives from [...]

Load More Posts