Regulatory Law

PAIA Manual – Do you have one, is it up to date and ready for inspection?

23rd November 2023|Privacy Law, Regulatory Law|

If you do have an existing PAIA Manual, ensure you merge the mandatory forms to your Manual. The forms can be downloaded on the Information Regulator’s website. Very important to remember - it is a criminal offence not to have a PAIA Manual if you are required to do so, and your entity may face fines for non-compliance. Should you not have a PAIA Manual, or if your PAIA Manual has not been updated in terms of the provisions of POPIA or with the mandatory PAIA forms, contact us to assist you.

Mandatory Workplace Vaccination Polices: So it Begins…

28th January 2022|Health & Safety Law, Litigation, Regulatory Law|

On 21 January 2022 the CCMA delivered its findings in the unfair dismissal dispute of Mulderij v The Goldrush Group (case number: GAJB-24054-21), where it confirmed that the dismissal of an employee pursuant to a refusal to adhere to an employer’s mandatory workplace vaccination policy (“MWVP”) may be considered substantively fair. It is the first

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When your neighbour decides to renovate: what are your rights?

6th May 2021|Litigation, Regulatory Law, Uncategorised|

Imagine this scenario – you wake up one morning to the loud beeping of industrial trucks reversing cargo into your neighbour’s driveway, the shouting of labourers fill your ears as scaffolding clatters, mechanical lifts are fired up and the angle grinders shriek into the cold morning air. Dazed and confused, you stumble to the kitchen

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COVID -19 Update – Alert Level 1 and the Easing of Restrictions.

12th October 2020|Health & Safety Law, Regulatory Law|

On 16 September 2020, President Cyril Ramaphosa announced the easing of the risk-adjusted strategy of the national lockdown to Alert Level 1, which commenced at midnight on 20 September 2020. Dr Nkosazana Dlamini Zuma, as Minister of Cooperative Governance and Traditional Affairs, published the gazetted Alert Level 1 Regulations on 18 September 2020 (“the Regulations”)

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The long walk to freedom: the ‘cans’ and ‘still cant’s’ of the Alert Level 2 Regulations

19th August 2020|Health & Safety Law, Litigation, Regulatory Law|

On Tuesday, 18 August 2020, at 0h00, the South African national lockdown was downgraded from Alert Level 3 to Alert Level 2. Regulations prescribing the legal parameters of the Alert Level 2 restrictions and allowances were published on the same day. For many South Africans, the Alert Level 2 Regulations (“the Regulations”) provide the first

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COVID-19 Update – Alert Level 3 Stays in place (with further restrictions) as we prepare for “the storm”:

14th July 2020|Articles, Health & Safety Law, Litigation, Regulatory Law|

His address did not declare an escalation of the alert level currently in place, as widely expected, but rather confirmed that whilst the Alert Level 3 Regulations would, for now, remain in force, that these Regulations would be further limited and refined in certain respects. The increase in the degree of restriction under the Level 3 Regulations was justified by the President as being necessary to curb the impending storm predicted early on by experts advising government

The lockdown is unconstitutional – De Beer and Others v Minister of Cooperative Governance and Traditional Affairs

3rd June 2020|Articles, Litigation, Regulatory Law|

The lockdown is unconstitutional! The North Gauteng High Court’s decision in De Beer and Others v Minister of Cooperative Governance and Traditional Affairs (21542/2020). this means that for the next 14 business days, South Africans will continue to live under the regulations of Alert Level 3. Before the expiry of those 14 days, the Minister must republish regulations which give due consideration to the rights guaranteed in the Bill of Rights.

The Fortnight Ahead: Amendments to the Lockdown Regulations following its Extension:

20th April 2020|Health & Safety Law, Regulatory Law|

Following the declaration by President on 15 April 2020 that the national lockdown will be extended by two weeks, various amendments to the existing lockdown Regulations were published on 16 April 2020 (“the Amendments”). These amendments will govern private and commercial transactions and restrictions until the lockdown is lifted, which for now is set as being on 01 May 2020.  This article will briefly discuss the most relevant of these amendments and their impact.

The Covid-19 Temporary Relief Scheme Refined – Recent Amendments to the Minister’s Directive:

9th April 2020|Labour Law, Litigation, Regulatory Law|

The Covid-19 Temporary Relief Scheme (“the Scheme”) was implemented by the Department of Labour as a direct remedial response to the havoc wrecked on small to medium enterprises (“SMME’s”) by the Covid-19 pandemic. Whilst the Scheme has been active and functional since 26 March 2020, amendments published to the Directive responsible for the implementation of the Scheme on 08 April 2020 have clarified the application of the Scheme and have further refined its operation.

Newsflash: Commercial Property Sector Unites Behind Rental Relief Measures for Retail Tenants

9th April 2020|Litigation, Property Law, Regulatory Law|

The Property Industry Group (PIG) give some relief to tenants who can accept their landlord’s offer to provide for any of the relief. It should also be noted that any acceptance of a landlord’s offer for a remission of rental, in accordance with the PIG’s relief package, should be considered against whether or not a landlord is entitled to rental at all. Tenants are not bound to accept these terms; however, once an election has been made, such decision is final, and any rights waived can likely not be revisited. We would therefore urge tenants to take proper advice, and to consider the full extent of their rights before accepting any such offers from landlords.

Eyes in the Sky: The Introduction of COVID-19 Contact Testing

8th April 2020|Litigation, Privacy Law, Regulatory Law|

The imposition of Covid-19 Contact Testing almost certainly limits the right to privacy. Whether this limitation can be considered unconstitutional is a question best left to the courts for adjudication, however, given the novel nature of the pandemic and the checks and balances built into Chapter 3 to prevent its abuse, it is highly likely that the contact Testing programme will pass constitutional muster in the event that it is tested.

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