July 2016


It's no party Employment Law - Feature July 2016

The important issue of locking-out members of a trade union who are not party to a Bargaining Council came before the Constitutional Court (CC) in the case of Transport and Allied Workers Union of South Africa v Putco Limited [2016] (2016) 37 ILJ 1091 (CC) during which a significant unanimous judgement was handed down.

Read More

The extension of bargaining council agreements to non-parties Employment Law - Feature July 2016

"It's just as unpleasant to get more than you bargain for as to get less" - George Bernard Shaw

South African law doesn't compel centralised bargaining structures at industry level, nor does it prohibit bargaining outside the statutory framework. Establishing bargaining councils is voluntary. However, there are a number of advantages for participation in councils.

Read More

Parameters of administrative justice Employment Law - Feature July 2016

On 4 May, the Pretoria High Court delivered judgement in the matter of Free Market Foundation v Minister of Labour (13762/13) [2016] and established the parameters of administrative justice in the legislative scheme governing collective bargaining at sectoral level. The Free Market Foundation (FMF), an independent policy research and education organisation, instituted proceedings to declare s32(2) of the Labour Relations Act (66 of 1995) (LRA) unconstitutional.

Read More

Settlement proposals or extortion? Employment Law - Feature July 2016

There is some debate whether the threat of prosecution or civil proceedings, unless an advantage is obtained, is unlawful in circumstances when civil or criminal prosecution may be justified. This opens up the question as to whether a demand for payment of a proposed settlement prior to launching civil or criminal proceedings can be considered attempted extortion.

Read More

Tales from the US of A... - July 2016 International July 2016

Non-recusal violated due process

Pennsylvania's former chief justice violated due process when he refused to recuse himself in the case of a death-row inmate whose capital prosecution he had approved when he was a district attorney. The US Supreme Court said that due process guarantees that no person can be a judge in their own case. This will have little substance if it does not disqualify a former prosecutor from sitting in judgement of a prosecution in which he or she made a critical decision. The judge had joined with other justices in reinstating the death sentence for the inmate. Even though his vote was not decisive, he could have influenced the views of his colleagues during deliberations. His refusal to recuse cannot be said to be a harmless error. The inmate is, therefore, entitled to a re-hearing on his post-conviction petition before the state supreme court. - Debra Cassens Weiss June 9

Read More

SARS view on an amalgamation transaction Tax July 2016

The South African Revenue Service (SARS) has traditionally adopted a conservative approach in issuing rulings which approve a tenuous interpretation of provisions of the Income Tax Act (58 of 1962), in favour of the taxpayer. However, in Binding Private Ruling 231, which was issued by SARS on 10 May, it adopted an interesting interpretation of the corporate roll-over relief provisions in s44, which raises a number of questions. The Ruling is quite long and therefore we will only discuss the manner in which SARS applied the provisions of s44 relating to corporate roll-over relief in the case of so- called amalgamation transactions.

Read More

The bottom-end of post-strike agreements Employment Law - Feature July 2016

Picketing during strike action is aimed towards drawing attention to the plight of the workers. The right to picket must, however, be exercised reasonably, and with due regard to the impact such conduct may have on the employer- employee relationship. Unlawful conduct, such as posting or displaying racist or defamatory slogans on placards and banners implicating one's employer, might be subject to scrutiny and, where appropriate, form the basis of disciplinary action against the offender. This could lead to termination of employment.

Read More

Italian Incolae Platteland Perspective July 2016

Some judges have such a distinctive style that you can guess right from the start they authored a particular decision. One such judge is Thomas Masuku, formerly a member of the Swazi bench, now serving in Namibia. Bra Jakkals decided that in a new decision, his unique voice and style can be clearly heard.

Read More

The right to adequate housing Litigation July 2016

In 2002, Ms Virginia Sarrahwitz borrowed money from her then employer, Mr Posthumus, to purchase a house for her family. She was the head of a single-parent household and had never previously owned a house.

Read More

Prevalence of the integration rule under parol evidence The Law July 2016

On 28 January 2016, the Gauteng Local Division of the High Court applied the so-called integration rule in interpreting an exit agreement to arrive at a judgement in favour of Mr Padayachee in Padayachee v Adhu Investments CC, Knoetze, Livispex (Pty) Limited [2016] JOL 35318 (GJ).

Read More

National News - July 2016 National News July 2016

DLA Piper

The firm has appointed Johannes Gouws as South Africa managing partner.

Gouws will work closely with Michael Whitaker, chief operating officer for South Africa, to drive the firm's strategy in South and sub-Saharan Africa. He specialises in cross- border M&A, securities regulation and corporate finance.

Read More

H1 2016 draws to a close... Deal Selection July 2016

JSE Listed M&A

Econ Food Concepts has sold 100% of the business and brands of Mama Chaka's to Gold Brands Investments. The consideration of between R15m and R20m (subject to the achievement of certain warranties) is payable in cash and Gold Brands shares. Mama Chaka's focus is on job creation through franchised kiosks and converted spaza shops for black entrepreneur empowerment in township communities.

Read More

To SUV or not to SUV, that is the question Lifestyle - Motoring July 2016

I'm a sports car guy through and through. For me, I need g-force inducing acceleration, ultra-responsive braking and precise cornering. This criterion is amply met in many everyday passenger vehicles, so it is a foreign concept that people would choose to purchase an SUV or MPV as their everyday car.

Read More

aftertaste - Bargain Bordeaux blend Lifestyle - Wine July 2016

Prior to the start of the judging of this year's Old Mutual Trophy Wine Show, chairman and well known wine writer, Michael Fridjhon, asked the judges to look for elegance and understatement during the judging process. According to Fridjhon, the overwhelming majority of the trophy and gold medal winners at this year's competition are less showy, less overtly oaked and less opulent, and the days when overpowered, over extracted and fruity wines impressed wine drinkers seem to be gone.

Read More

Embracing The Internet of Things - part 2 Lifestyle - Gadgets July 2016

Part 2

What exactly is IoT (Internet of Things)? According to Google, it is "a proposed development of the Internet in which everyday objects have network connectivity, allowing them to send and receive data."

Read More