Latest Issue - September 2017


Editor's Note - September 2017 Editor's Note

There is a chill wind that blows as I write this editor's note. A reminder that winter is not yet over any more than are the ills that beset our country, and the world.

Read More

Countering SARS' delays in customs and excise internal appeals Tax

It is no secret that the Customs and Excise Act (91 of 1964) (Customs Act) is in its twilight years. It is due to be replaced by a pair of laws assented to in July 2014, the Customs Duty Act (30 of 2014) and the Customs Control Act (31 of 2014) – their commencement dates are yet to be proclaimed. Until then, the Customs Act persists.

Read More

“It’s not cricket!” – The test of unfair prejudice to minority shareholders Company Law

In the recent case of De Sousa and Another v Technology Corporate Management (Proprietary) Limited and Others (2010/50723) [2017] ZAGPJHC 109; [2017] 3 All SA 47 (GJ), De Sousa (a founder and 30% shareholder in the first defendant (TCM)) and Diez (a 7.45% shareholder in TCM) instituted an action against TCM and the three other shareholders in TCM on grounds of oppression of them by the company and the defendants.

Read More

The impact of non-compliance with the Companies Act (71 of 2008) Company Law

The focus of this article is the legal capacity of companies and their power to transact within the ambit of the Companies Act (71 of 2008), with particular focus on the provisions of s19(1)(a) and (b).

Read More

Fraud: to report or not to report? Insurance Law

Fraud is on the rise in South Africa. Insurance attorneys are becoming increasingly aware of the prevalence of fraud in the industry, particularly at a claims stage. Insurers therefore need to be on their toes in recognising potentially fraudulent claims and in ensuring that they have adequate protocols in place for investigating and dealing with such claims.

Read More

Pro bono: beyond the call of duty Probono

At the heart of the phenomenon "pro bono" lies the idea of serving selflessly, by rendering professional work to the most vulnerable and needy members of society who would otherwise never be able to afford access to justice.

Read More

The future of the traditional law firm partnership model Management

"Lawyers and the competitive advantage that their distinctive governance and organisational structure give them have something that offers a robust and enduring formula for success. But the trick is in attracting true talent (which is ever more mobile and unconstrained by the status quo) and organising it with clarity of purpose and message. Then communicating that message through a clear and consistent brand. This is a formula which, whilst ephemeral and calling for constant evolution, is likely to meet enduring client needs." – Charles Martin, Senior Partner, Macfarlanes, London

Read More

Perspectives on leadership – New thinking for a new generation Management

Part 1

We must change the way we feel about leadership

At the ripening age of 55 I have spent a great deal of time in the past 25-years either in leadership roles or helping people to fulfil their potential in leadership roles. It doesn't mean I have a better perspective than anyone else but I am confident in the perspective I have.

Read More

EMPLOYMENT LAW FEATURE - INTRODUCTION Employment Law - Feature

One thing that stands out for me in this 2017 feature is how much consideration should be given to the employment of staff.

Read More

MILLENNIALS IN THE WORKPLACE Employment Law - Feature

"If the whole world depends on today's youth, I cannot see the world lasting another 100 years." – Socrates

Read More

EMPLOYMENT TRENDS – PARENTAL LEAVE Employment Law

"Maternity Leave" is fast becoming an outdated term. There seems to be a trend towards a more gender neutral concept of "parental leave". Unfortunately, given the basic, limited benefits provided for in South African employment legislation, employees are left to rely upon their employers to provide for further benefits in their employment policies or contracts, at least for now.

Read More

BEATING ADDICTION – IT TAKES COMMITMENT Employment Law - Feature

Through my personal and professional experience, I have noticed that the common trend in workplace reaction to addiction ironically mimics the thinking an addict or alcoholic has towards his or her recovery – they want to minimise the consequences of substance abuse with no purposeful measures implemented to address the underlying problems, and think by doing this they can halt the addiction all together both in the short and long term.

Read More

THE TREATMENT OF TEMPORARY WORKERS IN SOUTH AFRICA AND AROUND THE WORLD Employment Law - Feature

According to a recent comparative analysis of employment legislation in various jurisdictions around the world, Baker McKenzie's Employment and Compensation teams found that in the face of rising labour costs and an uncertain global economy, many employers were looking beyond the direct employer-employee model and increasing their reliance on third parties and independent contractors.

Read More

LABOUR BROKERS: IS THE CLIENT THE ONLY EMPLOYER? Employment Law - Feature

Temporary Employment Services (TES) commonly known as labour brokers, have been the focus of much scrutiny in recent years.

Read More

INTERPRETATION OF DEEMING PROVISIONS Employment Law - Feature

Since the amendments to the Labour Relations Act (66 of 1995) (the LRA) came into effect on 1 January 2015, the deeming provisions contained in s198A(3)(b) have been the centre of much debate. In the recent matter between Numsa v Assign Services & Others, the Labour Appeal Court considered the interpretation of the controversial deeming provisions. The question before the court was whether the labour broker and the client, where labour-broking employees are placed, are both employers for purposes of the LRA, or whether only the client is the employer.

Read More