Publications

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 [...]

“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 [...]

Who is responsible for historical municipal debt?

In 2017 a great storm came to South Africa in relation to historical debt on properties (“Historical Debt”). The storm came in the form of section 118(1) and (3) of the Municipal Systems Act No. [...]

Are credit providers over-charging on the credit they provide?

An application was brought forward in the Western Cape High Court (“Application”), where the Stellenbosch University Law Clinic (“SULC”), Summit Financial Partners (“SFP”) and 10 other applicants sought relief from the court to prohibit creditors [...]

Uber drivers – Employees or independent contractors?

Since Uber’s introduction to the world, there has been a heated debate over whether Uber Drivers (“Drivers”) constitute employees or independent contractors, not only in South Africa, but around the world. If Drivers were classified [...]

THE COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION WELCOMES CONSTITUTIONAL COURT RULING ON SECTION 198A OF THE LABOUR RELATIONS ACT

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”) [...]

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 [...]

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 [...]

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 [...]

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 [...]