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On the 26th of July 2018, the Constitutional Court confirmed the Commission for Conciliation, Mediation and Arbitration’s (“CCMA”) ruling on the interpretation of the sole employment relationship outlined in the amended Section 198A(3)(b) (“the Section”) of the Labour Relations Act (“LRA”). The National Union of Metalworkers of South Africa (“NUMSA”) and labour broker Assign Services [...]

Know Thyself, Know Thy Customer

For many businesses, know your client provisions (“KYC”) and anti-money laundering provisions can be complex and confusing. The Financial Intelligence Act No. 38 of 2001 (the “FIC Act”) was enacted to combat money laundering and financing of terrorist and related activities in South Africa. This article will briefly discuss the duties of an accountable institution [...]

Are the doors of justice closed on South African citizens employed by entities with diplomatic immunity?

Imagine you are a South African citizen working at either an international organisation or a foreign state (“Missions”) in the Republic of South Africa (“RSA”), you are unfairly dismissed and appear to be without recourse to any labour forum due to your employer’s international status and diplomatic immunity. In terms of the Constitution of the [...]

Are banks entitled to sell your house for next to nothing?

One of the most popular methods by which South Africans purchase immovable property is through a loan from a bank. This process involves a mortgage bond being registered over the immovable property as security by the bank to ensure that if a person fails to pay back the loan, the bank can rely on this [...]

To demand or not to demand? That is the question

Has your right to demand repayment of your loan prescribed? A recent Constitutional Court (“CC”) judgement clarified the position vis-à-vis on demand loan agreements. This article shall briefly discuss the aforementioned case and the relevant legislation in order to highlight the impact which the case may have on a loan agreement. The courts have faced [...]

Constitutional Court Judgment reserved in Woolworths retrenchment case

On the 28th of May 2018, the Constitutional Court of the Republic of South Africa (“Constitutional Court”) reserved judgment in the case involving South African Commercial Catering and Allied Workers Union (“SACCAWU”) and Woolworths Proprietary Limited (“Woolworths”). The case began in 2012 when the retail giant retrenched 92 employees (including 44 SACCAWU members). The retrenched [...]

Artificial Intelligence in a Law Firm

Artificial Intelligence (“AI”) is continuously being utilised in companies to address ways in which companies can alleviate the laborious tasks in the myriad industries for better speeds and increased accuracy. It should, therefore, come as no surprise that AI has become somewhat of a buzzword, slowly permeating the legal industry. Despite some thinking that AI [...]

Who could qualify to have their debt written off in 2018?

On 24 November 2017, the draft National Credit Amendment Bill (“Amendment Bill”) was published for public comment.  The Amendment Bill is expected to have a significant impact on the lives of hundreds of thousands of South Africans, as well as large parts of the banking and finance sector in South Africa.  The Amendment Bill seeks [...]

National Minimum Wage – new territory for South Africa and the CCMA

On the 29th of May 2018, the National Assembly passed the National Minimum Wage Bill, which seeks to improve the lives of South African’s falling within the low-income bracket. The Bill proposes minimum wage set at R 20 per hour which, based on a 45-hour week equates to R 3 900 per month. A looming question [...]

Is an Acknowledgment of Debt regulated by the National Credit Act?

The purpose of the National Credit Act, No.34 of 2005 (“NCA”) is to promote a fair and non-discriminatory marketplace for access to consumer credit and in order to achieve such aims, the strict regulation of consumer credit and improved standards of consumer information is paramount. The NCA places the onus on the credit providers to [...]

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