BusinessLawyer

Employee Mental Health Issues: How To Fairly Address Them

We have experienced a marked increase in clients seeking legal advice on how lawfully and fairly to deal with employees in the workplace who may be suffering from a mental health illness or experiencing difficulties, which are in turn negatively impacting on their behaviour and/or performance.  While mental health-related issues in the workplace  are not …

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The Cybercrimes Act, 2020: Be aware of the personal data you hold

The incidence and variety of cybercrimes are proliferating year on year and will continue to do so faster than any legislature is able to promulgate laws that provide for the criminalisation, investigation and prosecution of those crimes. Against this backdrop, President Ramaphosa signed into law the Cybercrimes Act, 2020, on 26 May 2021. This is …

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The future of cryptocurrency regulation in South Africa

On 11 June 2021, the Intergovernmental Fintech Working Group (IFWG), through its Crypto Assets Regulatory Working Group, published its position paper on the regulation of crypto assets in South Africa, with 25 recommendations. The regulation of crypto assets is focused on the governance of the activities of crypto assets services and in particular crypto asset …

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Property Practitioners Act: How it Aims to Safeguard the Sector

To date, the Estate Agency Affairs Act, No. 112 of 1976 (the “Estate Agency Affairs Act”) has regulated persons who qualified as estate agents. However, the new Property Practitioners Act, No. 22 of 2019 (the “Act”) seeks to regulate all role players in the property industry by repealing the Estate Agency Affairs Act and by …

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Automotive Aftermarket: Overhaul expected from 1 July 2021

Towards the end of last year, Guidelines for Competition in the South African Automotive Aftermarket (“Guidelines”) were issued by the Competition Commission (“Commission”) and are due to come into effect on the 1st of July 2021. The Guidelines should not come as a surprise to anyone in the industry, as discussions have been “on the …

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Market conduct licence categories under COFI

The implementation of the “twin peaks model” includes the enactment of the Conduct of Financial Institutions (“COFI”) Bill. COFI will be an umbrella piece of legislation embodying the principles of “treating customers fairly” (TCF) in order to regulate market conduct, and shall be governed by the FSCA. COFI will replace significant legislation including the Long-Term …

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Remote Working: Cyber Security Considerations

The legislative framework governing cybercrime and cyber security is still in its infancy. Whilst the Electronic Communications and Transactions Act 2002, regulates certain acts of cybercrime, it does this in a limited fashion and is perhaps out of tune with the typical acts of cybercrime commonly encountered today. The Cybercrime Bill seeks to further expand …

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Securitisation as a Preferred Funding Mechanism

When a business decides to raise funds, it has a number of options available. The most common options would be in the form of a loan from a licensed institution (whether in the form of overdrafts, revolving credit facilities, syndicated loans or other forms) or to approach the capital markets. These loans would c be …

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M&A Deals: Have you thought about POPI?

With the one-year grace period for compliance with the Protection of Personal Information Act (POPI) ending on the 30th of June 2021, it’s difficult to think about anything outside of your own organisation’s compliance (well at least for us compliance fanatics, that is). However, if you’re considering an M&A deal currently or in the future, …

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