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Latest Insights

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

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1
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

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3
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
1
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

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3
Article
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Filter: POPIA
The legal consequences for a business after a cyber-attack

13 April 2022

You have an online store through which you sell products. Although you have taken precautions, the risk of a cyber-attack... remains a concern as you hear about more and more businesses that suffer attacks. Apart from the reputational risk which could be massive, you also wonder about legal consequences when you consider the impact of data protection legislation.

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363
Article
CCTV cameras in the workplace? Allowed or not?

14 September 2021

We have had a spate of thefts in our business over the last few months. Yet none of our employees... ever see anything or know anything, which have us thinking that the thefts may be wider than just one or two employees. We are considering installing CCTV cameras to monitor the situation and also prevent further thefts, but are unsure about the rules for monitoring employees with CCTV cameras and also using such footage should we pick up misconduct. Can you maybe advise on how we should go about this?

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313
Article
POPIA and remote working employees

14 September 2021

I’m the owner of a small financial services firm. With Covid-19, like many businesses, we enabled staff to work from... home. The arrangement is working well and we are contemplating retaining the option of remote work for some of our staff. Is there anything specific we need to do from a POPIA perspective in respect of such remote working staff?

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375
Article
What’s Up with POPIA and WhatsApp groups?

10 August 2021

I’m an administrator for a number of social WhatsApp groups that share information about neighbourhood safety and security, school lift... clubs for our children, sporting activities, etc. I also belong to a number of other WhatsApp groups and have noticed that some of the group administrators have sent lengthy POPIA consent notices. Is this really necessary under POPIA and will I also have to do this for the WhatsApp groups that I administer?

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385
Article
The impact of the new Cybercrimes Act on businesses

14 July 2021

My business operates in the electronic communications sector and I’m a little concerned as to what the new Cybercrimes Act... will mean for us and how it can affect my business. Can you shed any light on this?

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305
Article
Government and POPIA - applicable or not?

14 June 2021

With all the talk of POPIA coming into effect and businesses having to get ready to comply, I was wondering... whether government and municipalities also need to comply with POPIA. Surely, government entities have a lot of personal information in their possession that they must protect.

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312
Article

Featured Insights

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
1
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

READ MORE
3
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

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4
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

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2
Article

Safeguarding your legacy for your children

26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

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2
Article

AI Rights vs Human Rights

20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

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4
Article

How far does employer liability for the actions of its employee extend?

22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

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25
Article

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

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25
Article

SA’s New Land Court Act – paving the way for settling land disputes

22 February 2024

In a quest to remedy historical land injustices and streamline the resolution of land and land rights issues in our... country, South Africa has introduced a pioneering piece of legislation — the new Land Court Act. This Act represents a significant milestone in the ongoing efforts to foster equitable land distribution and provide an effective mechanism for resolving land disputes. The Land Court established by virtue of this transformative legislation will play a central role, as will be outlined in this article.

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35
Article

New CIPC changes for the filing of annual returns (Author: Elani van Coller from PH INC)

21 February 2024

CIPC has again announced changes to the CIPC system for the filing of annual returns and beneficial ownership information, which... introduces mandatory obligations for companies and close corporations when filing their annual returns

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61
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
1
Article

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