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 [...]

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. 32 of 2000 (“Act”) and states as follow: “118 (1) A registrar of deeds may not register the transfer of [...]

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 from adding unlawful costs onto their accounts. The Application brought forward was centred on the so called in duplum rule [...]

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 employees in South Africa they would automatically be afforded rights in terms of national legislation, such as the Basic Conditions [...]

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”) 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 [...]

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