LABOUR LAW UPDATE: THE LABOUR APPEAL COURT CLARIFIES THE ROLE OF CONCILIATION IN LARGE-SCALE RETRENCHMENTS
This month, the Labour Appeal Court (‘the LAC’) handed down a seminal judgment in NUMSA v SAA Technical SOC Ltd. Centring on an analysis of section 189A(7)(b)(ii) of the Labour Relations Act (‘the Act’), the case provides much-needed clarity on whether conciliation is required before approaching the Labour Court for a ruling on the substantive fairness of large-scale retrenchments.
TRANSFORMING THE LEGAL INDUSTRY: GOVERNMENT APPROVES THE B-BBEE LEGAL SECTOR CODE
Last week, the Minister of Trade, Industry and Competition gazetted the Broad-based Black Economic Empowerment Legal Sector Code of Good Practice (‘the LSC’), effective 20th September 2024. Underpinned by the objectives of the Broad-based Black Economic Empowerment Act (‘the B-BBEE Act’), the Code establishes a policy framework to accelerate the transformation of the legal fraternity.
GOVERNMENT WARNS TRUSTEES OF ‘HARSH’ CONSEQUENCES FOR NON-COMPLIANCE WITH TRUST PROPERTY CONTROL ACT
The Department of Justice and Constitutional Development (‘the Department’) recently issued a stern warning to trustees to promptly comply with the amended provisions of the Trust Property Control Act (‘the Act’). Non-compliance with the Act, which was amended in 2023 to improve the transparency of the regulatory framework governing the beneficial ownership of trusts, may attract a maximum fine of R10 million, five years’ imprisonment, or both. Noting current low levels of compliance, particularly with the requirement to lodge trusts’ beneficial ownership information with the Master of the High Court, the Department emphasised the negative impact of non-adherence on South Africa’s bid to exit the grey list by early 2025.
STBB’s trust law specialists advise on various trust-related matters, including the formation and registration of trusts, amendments to trust instruments, and the Beneficial Ownership Register.
EXPANDING POPIA’S REACH: INFORMATION REGULATOR PUBLISHES DRAFT REGULATIONS ON PROCESSING HEALTH AND SEX LIFE DATA
Recently, the Information Regulator circulated draft Regulations on Processing Health and Sex Life Data under the Protection of Personal Information Act (‘POPIA’). Applicable to listed responsible parties processing personal information regarding data subjects’ health or sex life for circumscribed activities, the proposed Regulations govern, inter alia, the provision of consent, cross-border transfers of information, retention of records, and destruction of information.
COMMUNIQUE: DRAFT AMENDMENTS TO MAINTENANCE REGULATIONS AVAILABLE FOR PUBLIC COMMENT
The Department of Justice and Constitutional Development invites interested parties to submit written comments on the draft amendments to the Regulations to the Maintenance Act. The proposed amendments affect the setting aside or variation of maintenance orders, with a particular focus on altering the procedures to be applied by maintenance officers and the mandatory form to be utilised.
Members of the public are required to email their comments to LSebelemetja@justice.gov.za by 15th October 2024.
STBB’s family law specialists have the requisite experience and expertise to handle any maintenance-related matter, including legal assistance with applying for, varying, and enforcing maintenance orders. Contact familylaw@stbb.co.za for expert advice today.
RAF’S WOES CONTINUE: SIU INVESTIGATES ENTITY’S DECISION TO TERMINATE PANEL OF ATTORNEYS
The Special Investigating Unit (‘the SIU’) has revealed that it is currently investigating a 2020 decision by the Road Accident Fund (‘RAF’) to unceremoniously eject its panel of attorneys that represented it in court proceedings. From 2018 to the second quarter of 2023, default judgments awarded against RAF exceeded R4.7 billion, with a sharp increase noted between 2021 and 2022. In one matter, a claimant was awarded nearly R11.2 million. When RAF failed to pay this judgment debt, it accumulated interest of approximately R500 000. The inquiry is part of a larger investigation into the processes related to RAF’s procurement contracts, which were awarded to various service providers.
LEGALLY SPEAKING: ESTATE PLANNING FOR MILLENNIALS
In our latest episode, Refqah Ho-Yee discusses the estate-related implications of overseas travel, emigration, and marrying a foreigner abroad.
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