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VDMA Law Publications
UPDATE: COMPETITION TRIBUNAL CONTINUES TO PREVENT EXCESSIVE PRICING
The Competition Tribunal has, during the subsistence of the national lockdown, continually cracked down on companies charging excessive prices for their goods. Excessive pricing is regulated in terms of the Competition Act No. 89 of 1998 (“Competition Act”) and the...
GET READY FOR THE PROTECTION OF PERSONAL INFORMATION ACT
On 22 June 2020 President Ramaphosa announced that the majority of the remaining provisions of the Protection of Personal Information Act No. 04 of 2013 (“POPIA”) are set to commence. This announcement comes more than 6 years since the initial provisions of POPIA came...
CRYPTO ASSETS IN SOUTH AFRICA’S FINANCIAL REGULATORY LANDSCAPE – THE LATEST DEVELOPMENTS
At over 11 (eleven) years since the creation of Bitcoin, the world’s largest crypto currency by market capitalisation, many countries have implemented a policy position on crypto assets and/or enacted legislation in relation to the regulation of crypto assets. South...
LOCKDOWN LEVEL 3: MORE FREEDOM WITH MORE RESPONSIBILITY
South Africa will enter Level 3 lockdown with effect from 1 June 2020 (“Level 3 Lockdown”). During level 3 Lockdown all sectors of the economy will be opened, except for the following – personal care services which includes hairdressing, beauty treatments, make up and...
FIRMS BEWARE: EXCESSIVE PRICING DURING THE COVID-19 NATIONAL STATE OF DISASTER
The Covid-19 outbreak has caused a surge in demand for basic goods such as food, hygiene products and personal protective equipment as well as medical services required for the detection, prevention and treatment of Covid-19. To reduce the negative economic impact of...
FORCE MAJEURE PROTECTION AGAINST THE EFFECTS OF COVID-19
January 2020 saw the global outbreak of the coronavirus (“COVID-19”). The rapid spread of COVID-19 has caused worldwide fear and anxiety which in turn is having a significant impact on the global economy as it increasingly disrupts production, supply chains and...
LEVEL 4 LOCKDOWN: EVERYTHING YOU NEED TO KNOW*
South Africa will enter into Level 4 lockdown from 1 May 2020. During this lockdown period business are not allowed to simply open their doors and careful consideration should be given to the strict regulations and restrictions managing this level 4 lockdown (“Level 4...
LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE
INTRODUCTION There has been, both locally and abroad, an increasing drive towards incorporating artificial intelligence (“AI”) and machine learning into various different businesses and products. One of the main benefits associated with AI is the ability to streamline...
COVID-19 VIRUS – CAN AN EMPLOYEE BE DISMISSED ON THE GROUNDS OF INCAPACITY DUE TO ILL HEALTH?
Introduction: The recent outbreak of the COVID-19 virus may be a concern for employers as companies may have contractual obligations such as the supply of products, completion of works or provision of services that must be completed within strict timelines. Employers...
LEGAL IMPLICATIONS OF RETRENCHMENTS IN LIGHT OF THE SALE OF A BUSINESS
Employees are often faced with the fear of retrenchment when a company is being sold or when a company embarks on a restructuring exercise. The Labour Relations Act No. 66 of 1995 (“LRA”) makes provision for such scenarios and provides employees with the necessary...
DIRECTORS’ PERSONAL LIABILITY FOR A COMPANY’S TAX DEBTS
Introduction: Section 155 (Personal liability of representative taxpayer) of the Tax Administration Act No. 28 of 2011 (“Tax Administration Act”) gives the South African Revenue Service (“SARS”) authority to hold the directors of a company (“Directors”) liable in...
ARE COMMISSION ONLY EMPLOYEES CONSIDERED EMPLOYEES IN TERMS OF THE BASIC CONDITIONS OF EMPLOYMENT ACT NO. 75 OF 1977?
Introduction: A commission only employee is an employee who derives his or her entire income from commission on the work performed by such employee (“Commission Only Employee”). Generally, Commission Only Employees may have flexible working times and the manner in...

