The Employment Equity Amendment Act, 2022, which introduces significant amendments to the Employment Equity Act, was signed into law by President Ramaphosa on 6 April 2023 and published in the Government Gazette on14 April 2023.
Continue readingSouth Africa: Unintended consequence of ship leasing
One of the grounds of justification for the extension of the South African admiralty regime to permit ‘associated’ ship arrests is that all ships in a fleet should be fair game in situations where they are owned or controlled by a single identifiable individual or shipping company.
Continue readingSouth Africa: Reasonableness of a two-year restraint of trade
Two recent judgments handed down by the Labour Appeal Court (in the matters of Sadan and Another v Workforce Staffing (Pty) Ltd and Beedle v Slo-Jo Innovations Hub (Pty) Ltd) have reiterated the conservative approach adopted by our courts when determining the reasonableness of a long restraint of trade.
Continue readingSouth Africa: Labour Appeal Court clarifies the requirement for a claim of constructive dismissal based on mental ill health
It is generally accepted that the onus on an employee to prove a constructive dismissal is heavy.
In the recent Labour Appeal Court case of Sanlam Life Insurance Ltd v Mogomatsi and Others the Court has ruled that an employee who alleges constructive dismissal based on mental ill health must prove that the employer knew or ought to have known of the existence of the mental ill health.
South Africa: Corporate Law Update, July 2023
Our July 2023 Corporate Law Update, which provides an outline of some trending topics in South African M&A together with noteworthy regulatory and case law updates for the first half of 2023.
Continue readingHarnessing Africa’s Free Trade Agenda – Trade in goods under the AfCFTA
The African Continental Free Trade Area (AfCFTA) agreement aims to achieve the free movement of physical goods throughout the African Union, and the liberalisation of trade through the implementation of preferential tariffs.
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