PUBLICATIONS

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THE LEGAL EFFECT OF THE REMOVAL OF A COMPANY FROM THE REGISTER: AN ANALYSIS OF SECTION 83 OF THE COMPANIES ACT 71 OF 2008

Introduction Section 83 of the Companies Act No. 71 of 2008 ("Act") governs the legal effect of removing a company's name from the companies register maintained by the Companies and Intellectual Property Commission ("CIPC"), established under section 185 of the Act...

COMPENSATION FOR VACCINE RELATED INJURIES

The concept of mandatory vaccination policies has been widely publicised in 2022 and it remains a controversial topic which continues to divide opinion amongst the nation. As recently as 21 January 2022, in the matter of TM v Goldrush Group (GAJB 24054-21), the...

WHAT IS THE TRUE PURPOSE OF A SUBPOENA DUCES TECUM?

WHAT IS THE TRUE PURPOSE OF A SUBPOENA DUCES TECUM?

Background: Subpoena duces tecum is a Latin term which means “you shall bring with you” and is a mechanism catered for in terms of South African common law. The South African rules of court allow a party to litigation proceedings to compel a witness to produce any...

THE INS AND OUTS OF THE COMPANIES AMENDMENT BILL

THE INS AND OUTS OF THE COMPANIES AMENDMENT BILL

The Department of Trade, Industry and Competition (“DTIC”) recently held a briefing on the Draft Companies Amendment bill 2021 (“Bill”), which follows the Draft Companies Amendment Bill of 2018. The Bill proposes various amendments to the Companies Act No. 71 of 2008...

UPDATE ON THE CYBERCRIMES ACT NO. 19 OF 2020

UPDATE ON THE CYBERCRIMES ACT NO. 19 OF 2020

VDMA previously reported on the Cybercrimes Act No. 19 of 2020 (“Cybercrimes Act”) on 22 June 2021 which at that stage, was to come into effect on a date to be proclaimed in the Government Gazette.  In broad terms, the Cybercrimes Act aims to align South Africa’s...

THE IMPORTANCE OF DATA PROTECTION AND DATA PRIVACY

THE IMPORTANCE OF DATA PROTECTION AND DATA PRIVACY

On 7 September 2021, the Department of Justice and Constitutional Development (the “Department”) released a media statement informing the public about the challenges it was experiencing with its information technology (“IT”) systems. The media statement provided that...

THE PROPOSED SOUTH AFRICAN STARTUP ACT

THE PROPOSED SOUTH AFRICAN STARTUP ACT

On 16 September 2021, a collective consisting of investors, incubators, accelerators and founders, representing the South African entrepreneurship ecosystem, revealed their plans and latest findings towards the creation of the proposed South African Startup Act (the...

MANDATORY VACCINATION POLICIES

MANDATORY VACCINATION POLICIES

The controversial topic of mandatory vaccination policies has increasingly become a topic of conversation in recent weeks.  As the national vaccine rollout gathers momentum, more businesses are starting to employ mandatory vaccine policies for their employees. This...