Insights

18
Jun
2020
New Publications

The infamous secret tender

In a situation where the offer is rejected by the receiver (usually the plaintiff), thus allowing the trial to continue, and costs to run, and the judgment is later handed down for a sum that is actually lower than the amount offered (showing that the offer ought not to have been rejected in the first place), notifying the court tends to set the cat amongst the pigeons, so to speak.
18
Jun
2020
Labour and Employment Law

Non dies in the labour court

Rule 19(1) of the High Court Rules provides for dies non only in respect of a notice of intention to defend.
18
Jun
2020
Property

Good intentions but with dire results

The facts before the High Court of South Africa, Gauteng Division, Pretoria were, in short: Matshabelle Mary Rahube (MR) and Hendsrine Rahube (HR) are siblings who, with other members of their family, moved into a property known as Erf 2328 Mabopane-B.
18
Jun
2020
Environmental and Mining

TO PROTECT OR EMPOWER? - ANOTHER TAKE ON INFORMAL LAND RIGHTS AND MINING

The Mineral and Petroleum Resources Development Act (28 of 1991) (MPRDA) recognises the need for sustainable development of mineral and petroleum resources while simultaneously promoting economic and social development, local and rural development and the social upliftment of communities affected by mining.
18
Jun
2020
Corporate and Commercial

The proposed section 25 amendment: to enable expropriation without compensation?

In South Africa, Mergers & Acquisitions are regulated by the Companies Act (71 of 2008), more specifically, Chapter 5, known as the "Takeover Regulations".
18
Jun
2020
Corporate and Commercial

Mergers & Acquisitions: basic understanding of takeover regulations

In South Africa, Mergers & Acquisitions are regulated by the Companies Act (71 of 2008), more specifically, Chapter 5, known as the "Takeover Regulations".
18
Jun
2020
Professional Indemnity Law

THE RIDDLE IN THE RAID BY THE HPCSA

Section 41A of the Health Professions Act 56 of 1974. There has been a recent hike in the number of “raids” conducted by the Health Professions Council of South Africa, in view of investigating complaints lodged against medical practitioners.
07
Jun
2020
Labour and Employment Law

COVID-19: The changing times and the constitutionality of the regulations

Introduction On 24 May 2020, the Government announced the easing of the lockdown alert level for South Africa will be lowered from Level 4 to Level 3 with effect from 1 June 2020.
22
Apr
2020
Labour and Employment Law

C19-TERS benefits and available options to employers

INTRODUCTION Whilst the country is still under lockdown following the announcement by the President to extend the lockdown to the end of April 2020, the effects on the country's economy and labour markets are dire.
15
Apr
2020
Environmental and Mining

DIRECTIONS ISSUED IN TERMS OF REGULATION 10(8) OF THE REGULATIONS MADE UNDER SECTION 27(2) OF THE DISASTER MANAGEMENT ACT, 2002 (ACT NO. 57 OF 2002): MEASURES TO PREVENT AND COMBAT THE SPREAD OF COVID-19

The Minister of Mineral Resources and Energy has extended various timeframes prescribed in the Mineral and Petroleum Resource Development Act and regulations, in context of the COVID 19 lockdown period.
14
Apr
2020
Property

Property News Flash - Interest Rate Cut April 15, 2020

The Monetary Policy Committee of the SA Reserve Bank has cut the repo rate by another 100 basis points bringing South Africa's repo rate to 4.
14
Apr
2020
Environmental and Mining

Directions issued by the Minister of Forestry, Fisheries and the Environment on measures to address, prevent and combat the spread of COVID-19

MacRobert wishes to draw your attention to the following important notice published on 31 March 2020 Notices 439 Gazette 43190 Date 31 March  2020 The Minister of Environment, Forestry and Fisheries, has by Notice in the Gazette under regulation 10(8) of the Regulations, in terms of section 27(2) of the Disaster Management Act, 57 of 2002, issued directions to address, prevent and combat the spread of COVID-19 and to alleviate, contain and minimise the effects of the national state of disaster, as set out in the Schedule to the aforementioned notice.