Ways African economies can replicate Asia’s logistics corridor models. Insight on infrastructure law and cross‑border trade.
Continue readingSouth Africa: Learning from Asia’s success with logistics corridors
South Africa: Proposed Guidelines on Penalties for Failure to Notify a Merger—Some Predictability, Some Uncertainty
On February 17, 2017, the South African Competition Commission (“Commission”) published “Draft Guidelines for the Determination of Administrative Penalties for Failure to Notify a Merger and Implementation of Mergers Contrary to the Competition Act” (the “Guidelines”). The Commission published the Guidelines in response to the identification of a number of cases of failure to notify mergers and implementation of mergers contrary to Chapter 3 of the Competition No. 89 of 1998 (as amended) (the “Act”) and to the Competition Tribunal (“Tribunal”) calling upon the Commission to formulate guidelines in this regard. The proposed Guidelines attempt to provide an approach for determining penalties in instances where parties have failed to notify a merger or have implemented a merger prior to receiving approval from the competition authorities. The Act requires that intermediate and large mergers be notified to the Commission and such mergers may not be implemented until they are approved, with or without conditions, by the competition authorities.
Continue readingSouth Africa: National minimum wage
The minimum wage cannot be varied by contract, collective agreement or law. Except to the extent that an employee’s contract of employment.
Continue readingSouth Africa: All categories of employee-parents to be protected regarding the birth of a child
The BCEA only provides for a statutory entitlement for female employees to four consecutive months’ unpaid maternity leave.
Continue readingSouth Africa: Protecting pregnant employees – cold comfort?
This case demonstrates that it is imperative for employers to ensure that their policies on maternity leave are in alignment with the BCEA.
Continue readingSouth Africa: Dealing with employee misconduct and negotiated exits – a practical guide
There is a lawful ground of termination to fall back on in the event that a deal cannot be struck, it also improves the bargaining position.
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