This document summarizes a seminar on the introduction of a national minimum wage in South Africa. It covers the following key points:
1. What a national minimum wage is and its purpose according to the ILO. International examples of minimum wage systems from countries like Germany, France, and the UK are also presented.
2. Why South Africa is exploring implementing a national minimum wage, in part to reduce inequality and transform the inherited apartheid wage structure. Proposals that have been made range from R2,000-R5,276 per month.
3. The current process towards implementing a national minimum wage in South Africa. Research is being conducted and negotiations are occurring between stakeholders through NEDLAC.
This document discusses the implications of the Protection of Personal Information Act (POPI) for email marketing in South Africa. It outlines that POPI requires companies to respect and protect customers' personal information, and that failure to comply could result in reputational damage, fines, or jail time. It provides guidance on obtaining consent, storing and processing customer data securely, keeping data up to date, and ensuring transparency when engaging in email marketing.
The Protection of Personal Information Act: A PresentationEndcode_org
What does the Protection of Personal information Act mean for business and for cybersecurity? Find out the implications of South Africa's new technology law Act.
Ovations Group - Introducing the Protection of Personal Information (PoPI) ac...OvationsGroup
Ovations Group is ideally positioned to help South African companies implement processes and best practices to ensure compliance with the Protection of Personal Information (PoPI) act.
This presentation outlines the fundamentals of the act and explains how the Ovations Group can assist companies in avoiding the pitfalls PoPI presents.
The document discusses the responsibilities and duties of an Information Officer under the Protection of Personal Information Act (POPI) in South Africa. It outlines the key conditions for lawful processing of personal information, including obtaining consent, having a legitimate purpose for processing, collecting directly from the data subject, ensuring quality of information, openness, security safeguards, and participation of the data subject. It provides a checklist for organizations to assess their compliance with POPI and steps to implement the necessary policies and procedures.
This document discusses the Protection of Personal Information (POPI) Act in South Africa and how it will impact companies. It provides an overview of POPI, explaining that it establishes conditions for lawful processing of personal information, including collection, processing limitations, data security, and rights of the data subject. The document also outlines an approach for companies to become compliant with POPI through transforming people, processes, and technology using insight, roadmapping, and enablement. Offerings are provided around strategy, training, change management, data management, and processes.
This document summarizes a seminar on the introduction of a national minimum wage in South Africa. It covers the following key points:
1. What a national minimum wage is and its purpose according to the ILO. International examples of minimum wage systems from countries like Germany, France, and the UK are also presented.
2. Why South Africa is exploring implementing a national minimum wage, in part to reduce inequality and transform the inherited apartheid wage structure. Proposals that have been made range from R2,000-R5,276 per month.
3. The current process towards implementing a national minimum wage in South Africa. Research is being conducted and negotiations are occurring between stakeholders through NEDLAC.
This document discusses the implications of the Protection of Personal Information Act (POPI) for email marketing in South Africa. It outlines that POPI requires companies to respect and protect customers' personal information, and that failure to comply could result in reputational damage, fines, or jail time. It provides guidance on obtaining consent, storing and processing customer data securely, keeping data up to date, and ensuring transparency when engaging in email marketing.
The Protection of Personal Information Act: A PresentationEndcode_org
What does the Protection of Personal information Act mean for business and for cybersecurity? Find out the implications of South Africa's new technology law Act.
Ovations Group - Introducing the Protection of Personal Information (PoPI) ac...OvationsGroup
Ovations Group is ideally positioned to help South African companies implement processes and best practices to ensure compliance with the Protection of Personal Information (PoPI) act.
This presentation outlines the fundamentals of the act and explains how the Ovations Group can assist companies in avoiding the pitfalls PoPI presents.
The document discusses the responsibilities and duties of an Information Officer under the Protection of Personal Information Act (POPI) in South Africa. It outlines the key conditions for lawful processing of personal information, including obtaining consent, having a legitimate purpose for processing, collecting directly from the data subject, ensuring quality of information, openness, security safeguards, and participation of the data subject. It provides a checklist for organizations to assess their compliance with POPI and steps to implement the necessary policies and procedures.
This document discusses the Protection of Personal Information (POPI) Act in South Africa and how it will impact companies. It provides an overview of POPI, explaining that it establishes conditions for lawful processing of personal information, including collection, processing limitations, data security, and rights of the data subject. The document also outlines an approach for companies to become compliant with POPI through transforming people, processes, and technology using insight, roadmapping, and enablement. Offerings are provided around strategy, training, change management, data management, and processes.
Reaching the summit - addressing the land question seminar Werksmans Attorneys
The document summarizes a case study of how land claim risks were mitigated in the development of a solar photovoltaic energy project on land subject to a land claim. Key stakeholders, including the landowner, land claimants, project sponsor, and development bank, worked together to conclude a long-term lease agreement for the project site that was registered against the title deeds. The land claim commissioner did not object to the project and agreed to engage stakeholders to appropriately settle the land claim. This allowed the project to proceed while resolving the land claim issues.
This document summarizes competition law issues in South Africa's construction sector. It discusses how section 4(1)(b) of the Competition Act prohibits various forms of collusive tendering, and describes the Competition Commission's investigation of the construction sector following applications in 2009 that uncovered collusion in related sectors. It outlines the Commission's fast-track settlement process in 2010 and subsequent consent agreements in 2013. It also discusses the Construction Industry Development Board's (CIDB) preliminary investigation into code of conduct breaches in 2014 and a review challenging the CIDB's authority to investigate. The document concludes by examining issues around private damages claims and actions under section 65 of the Competition Act.
This document summarizes changes between the 2000 and 2014 editions of the Joint Building Contracts Committee (JBCC) standard form construction contracts used in South Africa. Some key changes include streamlining and restructuring the contract from 40 to 30 clauses, expanding and clarifying contractor and employer duties, consolidating insurance provisions, reformulating security provisions, and increasing contractor liability for works risk while defining force majeure events. Specific changes are outlined for indemnities, setting out, subcontractors, and completion phases. The document provides an overview of the evolution of the JBCC standard forms and significant differences between editions.
Developing sexuality and sexual health policies in the disability sector Werksmans Attorneys
The document discusses the results of a study on the effects of a new drug on memory and cognitive function in older adults. The double-blind study involved giving either the new drug or a placebo to 100 volunteers aged 65-80 over a 6 month period. Testing showed those receiving the drug experienced statistically significant improvements in short-term memory retention and processing speed compared to the placebo group.
Recent developments in mining legislation and case law: Director Chris StevensWerksmans Attorneys
The document summarizes recent developments in South African mining law over the past 18 months, including amendments to the Mineral and Petroleum Resources Development Act (MPRDA) and several important court cases. Key points include:
1) The MPRDA Amendment Bill scraps the previous first-come, first-served application process in favor of an invitation-based tender process for new projects and extensions.
2) The amendments introduce stricter controls over transfers of mining rights and controlling interests in mining companies.
3) New provisions require miners to offer a portion of production to local beneficiation firms at mine-gate prices and restrict exports without approval.
4) Recent court cases have addressed issues like
Business rescue: Saving distressed companies (Director Eric Levenstein and Se...Werksmans Attorneys
The document provides an overview of business rescue in South Africa, which allows financially distressed companies to restructure under supervision in order to avoid liquidation. It discusses the origins and key concepts of business rescue proceedings, including the moratorium on legal action that provides breathing space. Statistics on business rescues from 2011-2014 are presented. Important features like post-commencement financing, the ranking of claims, and the effect on contracts, directors and creditors are analyzed.
Business rescue in mining: Peter van den Steen (VSquared)Werksmans Attorneys
This document discusses business rescues in the South African mining industry and analyzes two case studies: Blyvooruitzicht mine and Southgold Exploration. It notes that while the business rescue framework provides protection and time to restructure distressed companies, the process is complex and faces challenges from other laws and reluctant regulators. The case studies show that business rescue can extend a mine's life and preserve value compared to liquidation, but only with experienced advisors, cooperation from stakeholders, and if the underlying asset value supports reorganization. Overall the business rescue environment in South Africa remains young and complex.
CONSTRUCTION AND ENGINEERING LAW: THE INTERPRETATION AND APPLICATION OF DEMAN...Werksmans Attorneys
This document summarizes two recent court cases, Coface South Africa Insurance Co v East London Own Haven and Guardrisk Insurance Company Ltd v Kentz, regarding the interpretation and application of demand guarantees. Both cases establish that demand guarantees are enforceable based on their terms alone, without consideration of any issues between the holder and other party to the underlying contract. The document also discusses standard contract conditions regarding insolvency, business rescue, and the rights of parties. Key considerations discussed include the wording of securities and underlying contracts with regards to business rescue versus winding up.
The document summarizes the key types of demand guarantees used in construction and engineering projects, including tender guarantees, performance guarantees, advance payment guarantees, retention money guarantees, warranty guarantees, and others. It provides an overview of the history and development of the Uniform Rules for Demand Guarantees (URDG), which aim to establish uniform rules for cross-border guarantees. The URDG 758 are the most recent version and establish standards for demand guarantees to make the process more efficient and reduce rejection risks for beneficiaries.
The Future of Section 197 in South Africa: Bradley Workman-DaviesWerksmans Attorneys
Section 197 of South Africa's Labour Relations Act applies to business transfers between employers. It aims to protect employee continuity and rights. Recent court cases have extended its application to outsourcing and second-generation outsourcing arrangements. There is debate around whether it could also apply to service transfers that do not involve asset transfers. Looking to similar laws in the EU and UK, Section 197 may apply if the service utilizes client assets and involves an organized group of employees dedicated to that client, even without an asset transfer. However, it should not apply too broadly to every service contract change to prevent uncertainty.
The document discusses amendments made to South Africa's Employment Equity Act of 2014. It aims to further prohibit unfair discrimination and impose harsher penalties for non-compliance. Key changes include new protected groups, new grounds of discrimination, and defining "equal pay for equal work" based on international standards. It also examines a 2014 Constitutional Court case regarding whether an employer's failure to promote an employee constituted unfair discrimination.
This document discusses the use of court orders to control violence during strikes in South Africa. It notes that some studies have shown many union members believe violence is necessary to achieve strike demands. Court cases have established that violence distorts collective bargaining and places undue pressure on employers. The courts have increasingly called for union accountability and have issued "ensure compliance orders" requiring unions to take reasonable steps to prevent unlawful behavior by members. However, prosecuting unions for contempt of court has been difficult, as union complicity or a legal duty to act must be proven. "Ensure compliance orders" that clearly specify a union's obligations may help establish accountability and reduce strike violence.
This document discusses two case studies of companies, Southgold Exploration Pty Ltd and On Digital Media t/a Top TV, that underwent business rescue in South Africa. For both companies, significant discounts were achieved through business rescue, with Southgold seeing an 83% discount and On Digital seeing a 92% discount. However, both cases were also extremely complex, time-consuming, and resource-intensive due to issues such as multiple jurisdictions, regulations, politics, and litigation. The document emphasizes that while business rescue can preserve asset value, complexity drives up costs, and regulatory barriers remain a challenge in South Africa. Experienced advisors like business rescue practitioners and legal counsel are essential to navigate complex business rescue cases.
Foreign & local investment opportunities in South Africa offered by the busin...Werksmans Attorneys
The document provides an overview of opportunities for foreign and local investment in South Africa through acquiring distressed assets in the business rescue process. It discusses South Africa's business rescue regime, the role of post-commencement finance, identifying early distress signals, methodology for acquiring distressed assets at good value, analyzing the current economic landscape and opportunities in distressed mining assets. It also covers the interplay between labor law and business rescue and practicalities of acquiring distressed assets through business rescue.
Healthcare and the Consumer Protection Act 68 of 2008 - Ahmore Burger-SmidtWerksmans Attorneys
The document discusses how the Consumer Protection Act of 2008 impacts healthcare in South Africa. Some key points:
- Patients are considered consumers under the law and enjoy consumer rights and protections.
- Healthcare practitioners can be considered suppliers and liable for harm caused to patients.
- The Act establishes fundamental rights for consumers, including the right to privacy, choice, disclosure of information, fair marketing and treatment.
- It prohibits unfair discrimination and allows patients to cancel reservations under certain conditions. Practitioners must also avoid unconscionable conduct.
- The Act provides for class action lawsuits and establishes liability for practitioners who supply faulty products, even without proof of negligence.
The Competition Amendment Act No. 1 of 2009 - by director Dominique ArteiroWerksmans Attorneys
The document provides background information on the Competition Commission's new powers to conduct market inquiries in South Africa. It summarizes the objectives and scope of the Commission's ongoing private healthcare market inquiry, including examining rising prices, levels of costs and competition issues. It also outlines the Commission's powers during the inquiry, such as summoning information, and potential outcomes like complaints, consent orders or policy recommendations. The inquiry may uncover issues around information asymmetry, roles of medical agents, and concentrations of market power among key players.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Reaching the summit - addressing the land question seminar Werksmans Attorneys
The document summarizes a case study of how land claim risks were mitigated in the development of a solar photovoltaic energy project on land subject to a land claim. Key stakeholders, including the landowner, land claimants, project sponsor, and development bank, worked together to conclude a long-term lease agreement for the project site that was registered against the title deeds. The land claim commissioner did not object to the project and agreed to engage stakeholders to appropriately settle the land claim. This allowed the project to proceed while resolving the land claim issues.
This document summarizes competition law issues in South Africa's construction sector. It discusses how section 4(1)(b) of the Competition Act prohibits various forms of collusive tendering, and describes the Competition Commission's investigation of the construction sector following applications in 2009 that uncovered collusion in related sectors. It outlines the Commission's fast-track settlement process in 2010 and subsequent consent agreements in 2013. It also discusses the Construction Industry Development Board's (CIDB) preliminary investigation into code of conduct breaches in 2014 and a review challenging the CIDB's authority to investigate. The document concludes by examining issues around private damages claims and actions under section 65 of the Competition Act.
This document summarizes changes between the 2000 and 2014 editions of the Joint Building Contracts Committee (JBCC) standard form construction contracts used in South Africa. Some key changes include streamlining and restructuring the contract from 40 to 30 clauses, expanding and clarifying contractor and employer duties, consolidating insurance provisions, reformulating security provisions, and increasing contractor liability for works risk while defining force majeure events. Specific changes are outlined for indemnities, setting out, subcontractors, and completion phases. The document provides an overview of the evolution of the JBCC standard forms and significant differences between editions.
Developing sexuality and sexual health policies in the disability sector Werksmans Attorneys
The document discusses the results of a study on the effects of a new drug on memory and cognitive function in older adults. The double-blind study involved giving either the new drug or a placebo to 100 volunteers aged 65-80 over a 6 month period. Testing showed those receiving the drug experienced statistically significant improvements in short-term memory retention and processing speed compared to the placebo group.
Recent developments in mining legislation and case law: Director Chris StevensWerksmans Attorneys
The document summarizes recent developments in South African mining law over the past 18 months, including amendments to the Mineral and Petroleum Resources Development Act (MPRDA) and several important court cases. Key points include:
1) The MPRDA Amendment Bill scraps the previous first-come, first-served application process in favor of an invitation-based tender process for new projects and extensions.
2) The amendments introduce stricter controls over transfers of mining rights and controlling interests in mining companies.
3) New provisions require miners to offer a portion of production to local beneficiation firms at mine-gate prices and restrict exports without approval.
4) Recent court cases have addressed issues like
Business rescue: Saving distressed companies (Director Eric Levenstein and Se...Werksmans Attorneys
The document provides an overview of business rescue in South Africa, which allows financially distressed companies to restructure under supervision in order to avoid liquidation. It discusses the origins and key concepts of business rescue proceedings, including the moratorium on legal action that provides breathing space. Statistics on business rescues from 2011-2014 are presented. Important features like post-commencement financing, the ranking of claims, and the effect on contracts, directors and creditors are analyzed.
Business rescue in mining: Peter van den Steen (VSquared)Werksmans Attorneys
This document discusses business rescues in the South African mining industry and analyzes two case studies: Blyvooruitzicht mine and Southgold Exploration. It notes that while the business rescue framework provides protection and time to restructure distressed companies, the process is complex and faces challenges from other laws and reluctant regulators. The case studies show that business rescue can extend a mine's life and preserve value compared to liquidation, but only with experienced advisors, cooperation from stakeholders, and if the underlying asset value supports reorganization. Overall the business rescue environment in South Africa remains young and complex.
CONSTRUCTION AND ENGINEERING LAW: THE INTERPRETATION AND APPLICATION OF DEMAN...Werksmans Attorneys
This document summarizes two recent court cases, Coface South Africa Insurance Co v East London Own Haven and Guardrisk Insurance Company Ltd v Kentz, regarding the interpretation and application of demand guarantees. Both cases establish that demand guarantees are enforceable based on their terms alone, without consideration of any issues between the holder and other party to the underlying contract. The document also discusses standard contract conditions regarding insolvency, business rescue, and the rights of parties. Key considerations discussed include the wording of securities and underlying contracts with regards to business rescue versus winding up.
The document summarizes the key types of demand guarantees used in construction and engineering projects, including tender guarantees, performance guarantees, advance payment guarantees, retention money guarantees, warranty guarantees, and others. It provides an overview of the history and development of the Uniform Rules for Demand Guarantees (URDG), which aim to establish uniform rules for cross-border guarantees. The URDG 758 are the most recent version and establish standards for demand guarantees to make the process more efficient and reduce rejection risks for beneficiaries.
The Future of Section 197 in South Africa: Bradley Workman-DaviesWerksmans Attorneys
Section 197 of South Africa's Labour Relations Act applies to business transfers between employers. It aims to protect employee continuity and rights. Recent court cases have extended its application to outsourcing and second-generation outsourcing arrangements. There is debate around whether it could also apply to service transfers that do not involve asset transfers. Looking to similar laws in the EU and UK, Section 197 may apply if the service utilizes client assets and involves an organized group of employees dedicated to that client, even without an asset transfer. However, it should not apply too broadly to every service contract change to prevent uncertainty.
The document discusses amendments made to South Africa's Employment Equity Act of 2014. It aims to further prohibit unfair discrimination and impose harsher penalties for non-compliance. Key changes include new protected groups, new grounds of discrimination, and defining "equal pay for equal work" based on international standards. It also examines a 2014 Constitutional Court case regarding whether an employer's failure to promote an employee constituted unfair discrimination.
This document discusses the use of court orders to control violence during strikes in South Africa. It notes that some studies have shown many union members believe violence is necessary to achieve strike demands. Court cases have established that violence distorts collective bargaining and places undue pressure on employers. The courts have increasingly called for union accountability and have issued "ensure compliance orders" requiring unions to take reasonable steps to prevent unlawful behavior by members. However, prosecuting unions for contempt of court has been difficult, as union complicity or a legal duty to act must be proven. "Ensure compliance orders" that clearly specify a union's obligations may help establish accountability and reduce strike violence.
This document discusses two case studies of companies, Southgold Exploration Pty Ltd and On Digital Media t/a Top TV, that underwent business rescue in South Africa. For both companies, significant discounts were achieved through business rescue, with Southgold seeing an 83% discount and On Digital seeing a 92% discount. However, both cases were also extremely complex, time-consuming, and resource-intensive due to issues such as multiple jurisdictions, regulations, politics, and litigation. The document emphasizes that while business rescue can preserve asset value, complexity drives up costs, and regulatory barriers remain a challenge in South Africa. Experienced advisors like business rescue practitioners and legal counsel are essential to navigate complex business rescue cases.
Foreign & local investment opportunities in South Africa offered by the busin...Werksmans Attorneys
The document provides an overview of opportunities for foreign and local investment in South Africa through acquiring distressed assets in the business rescue process. It discusses South Africa's business rescue regime, the role of post-commencement finance, identifying early distress signals, methodology for acquiring distressed assets at good value, analyzing the current economic landscape and opportunities in distressed mining assets. It also covers the interplay between labor law and business rescue and practicalities of acquiring distressed assets through business rescue.
Healthcare and the Consumer Protection Act 68 of 2008 - Ahmore Burger-SmidtWerksmans Attorneys
The document discusses how the Consumer Protection Act of 2008 impacts healthcare in South Africa. Some key points:
- Patients are considered consumers under the law and enjoy consumer rights and protections.
- Healthcare practitioners can be considered suppliers and liable for harm caused to patients.
- The Act establishes fundamental rights for consumers, including the right to privacy, choice, disclosure of information, fair marketing and treatment.
- It prohibits unfair discrimination and allows patients to cancel reservations under certain conditions. Practitioners must also avoid unconscionable conduct.
- The Act provides for class action lawsuits and establishes liability for practitioners who supply faulty products, even without proof of negligence.
The Competition Amendment Act No. 1 of 2009 - by director Dominique ArteiroWerksmans Attorneys
The document provides background information on the Competition Commission's new powers to conduct market inquiries in South Africa. It summarizes the objectives and scope of the Commission's ongoing private healthcare market inquiry, including examining rising prices, levels of costs and competition issues. It also outlines the Commission's powers during the inquiry, such as summoning information, and potential outcomes like complaints, consent orders or policy recommendations. The inquiry may uncover issues around information asymmetry, roles of medical agents, and concentrations of market power among key players.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.