Partners Jutami Augustyn, Kate Peter, Naqeeba Hassan and Timothy McDougall wrote the South African chapter in Chambers and Partners Private Equity Guide for 2023.
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The workplace is a dynamic environment. Employers are constantly adapting to keep up to date with changes to employment laws and developing workplace trends, as well as demands and expectations of the workforce. As we get closer to the end of the year, we thought it an opportune time to reach out to our colleagues across the African continent for their forecasts for the workplace in 2024, both in terms of legislative developments and anticipated trends. This guide has been prepared with input from members of our Employment & Benefits Practices in all our Bowmans offices, and in collaboration with our alliance, relationship and other firms across the continent.
A copy of the guide is available here.
On 25 October 2023, the Gauteng Division of the High Court of South Africa in the matter between Van Wyk & Others v The Minister of Employment and Labour delivered a judgment which may, for the interim, abolish maternity leave as provided for in the Basic Conditions of Employment Act 75 of 1997 (BCEA). The judgment follows an application where it was alleged that sections 25, 25A, 25B, and 25C of the BCEA are unconstitutional.
Continue readingThe Constitutional Court decision that is attracting much attention concerns the matter of EB (born S) v ER (born B) and Others and KG v Minister of Home Affairs and Others. The decision is of particular interest to couples who married on or after 1 November 1984 and entered into an antenuptial contract by which community of property, community of profit and loss, and accrual sharing were excluded.
Continue readingOn 15 November 2022, the South African Revenue Service announced its intention to withdraw Practice Note 31 titled ‘Interest paid on moneys borrowed’. In the announcement, SARS stated that changes could be made in the tax legislation to accommodate legitimate transactions affected by the withdrawal.
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Tax should not be an afterthought in major infrastructure projects across Sub-Saharan Africa. Apart from the possible consequences of having to deal with disputes with the tax authorities, contractors could find themselves working for losses.
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