caveat, Author at Caveat Legal

The Pitfalls of Engaging a Labour Broker following the LRA Amendments

The introduction of section 198A of the Labour Relations Act 66 of 1995 (“LRA”) in January last year caused uncertainty amongst Temporary Employment Services (“TES”) commonly known as labour brokers and clients making use of their services. In summary, section 198A distinguishes between what is regarded as “acceptable” use of a TES service and the […]

The Pitfalls of Engaging a Labour Broker following the LRA Amendments Read More »

To Blockchain or not to Blockchain

For most people blockchain technology is synonymous with bitcoin and often the mere mention of either results in a glazed expression and derision. After all, who can forget Silk Road? Well, if the latest media hype is anything to go by, blockchain technology is not just here to stay, it’s also the single biggest potential

To Blockchain or not to Blockchain Read More »

Mobile App and Software Developers: A Guide to Regulatory Compliance

Commercial Law, Media & Content Law, Regulatory & Compliance Law / caveat

In this age of technological innovation, with growing numbers of start-ups developing software and mobile apps, conditions are absolutely prime for emerging players to flourish. For the developer looking to enter the market, an appreciation of the regulatory landscape is vital to ensure that you operate within the parameters of the law and are properly

Mobile App and Software Developers: A Guide to Regulatory Compliance Read More »

South Africa Remains Eligible for Benefits under AGOA

International Trade & Investment Law / caveat

South Africa has narrowly avoided suspension from the African Growth and Opportunity Act (“AGOA”). On 14 March 2016 President Obama issued a proclamation revoking South Africa’s impending suspension from AGOA. This comes on the back of a proclamation signed by President Obama on 11 January 2016 requiring the entry of U.S. poultry into South Africa

South Africa Remains Eligible for Benefits under AGOA Read More »

The Financial Sector Bill Peaks and the search for the Perfect Regulatory System

Financial Services Law / caveat

“The bank is something more than men, I tell you. It’s the monster. Men made it, but they can’t control it.” – John Steinbeck, The Grapes of Wrath (1939) The banking and financial system is for many a monster that is not being controlled effectively. Ensuring that a financial system is adequately regulated is a fine

The Financial Sector Bill Peaks and the search for the Perfect Regulatory System Read More »

The Franchise Industry Code of Conduct: An Overview

Regulatory & Compliance Law / caveat

The draft Franchise Industry Code of Conduct of South Africa (Code) was published for public comment on 29 January 2016, in terms of the Consumer Protection Act. The Code seeks to introduce an alternative dispute resolution (ADR) mechanism for disputes between franchisors and franchisees, which will be implemented by the Franchise Industry Ombud (FIO), once

The Franchise Industry Code of Conduct: An Overview Read More »

New Protection of Investment Act – The Implications for Foreign Investors

International Trade & Investment Law / caveat

President Zuma and Trade and Industry Minister Rob Davies placed a lot of emphasis on South African investment opportunities at the recent World Economic Forum in Davos, reassuring investors that South Africa is open for business. What President Zuma did not mention to the Forum was that on the 13th of December 2015 he signed

New Protection of Investment Act – The Implications for Foreign Investors Read More »

Tomorrow’s Legal Profession

Commercial Law / caveat

The legal profession has remained essentially the same for the last few centuries. One could be forgiven for thinking that, other than the introduction of fax and then email for communication purposes, the profession has shown little aptitude for adapting to changing times. Traditional practitioners and clients alike tend to believe that it will continue

Tomorrow’s Legal Profession Read More »

SA Agricultural Exporters May Lose Valuable US AGOA Benefits

International Trade & Investment Law / caveat

US President Barack Obama yesterday released a letter in which he announced his intent to suspend the duty-free treatment for all South African AGOA-eligible exports in the agricultural sector within 60 days from the date of his letter. The reason for this drastic step is South Africa’s continuous non-compliance with the eligibility requirements of AGOA.

SA Agricultural Exporters May Lose Valuable US AGOA Benefits Read More »

The power of Notarial Bonds

Banking & Finance Law / caveat

Whether you are a start-up with a hunger to make it big, an existing business thinking of expansion or a person struggling with cash flow – at some point in time you will ask yourself whether or not to apply for a loan. Providing security for debt funding Regardless of the type of financial institution

The power of Notarial Bonds Read More »