Searching Content indexed under Constitutional & Administrative Law by ENSafrica ordered by Published Date Descending.
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Tax In Brief | Issue 31
the taxpayer disputed, inter alia, the correctness of additional estimated assessments issued by SARS.
South Africa
30 Jul 2019
The Reciprocal Duty Of Good Faith Undercuts Derivative Misconduct
For the first time in employment law jurisprudence, the South African Constitutional Court has considered the nature and scope of the duty of good faith within the context of the contract of employment.
South Africa
25 Jul 2019
Sweeping Changes In The Domestic Sector In South Africa: Inclusion Of Domestic Workers Under COIDA
When the tide of democracy and constitutionalism swept through labour legislation in South Africa from the early ‘90s onwards, domestic workers, for the first time,
South Africa
15 Jul 2019
Large-Scale Retrenchments: Compensation As A Remedy For Procedural Unfairness
The general requirements for a fair dismissal based on an employer's operational requirements are found in section 189 of the South African Labour Relations Act, 1995 ("LRA"). However, section 189A provides for specific procedures and remedies, should an employer embark on a large-scale retrenchment.
South Africa
13 Jun 2019
Precautionary Suspension: Do Employees Have The Right To Make Representations?
If an employer suspects an employee of committing an act of misconduct, it is possible that the employer will want to place that employee on what is usually referred to as a "precautionary suspension"
South Africa
6 Mar 2019
Is The Singing Of Offensive Songs A Dismissible Offence?
The South African Constitutional Court recently handed down judgment in Duncanmec Proprietary Limited v Gaylard N.O & Others in which it considered whether the singing of struggle songs, containing words ...
South Africa
11 Oct 2018
Brexit, And The Importance Of Being (GI) Earnest
Many South Africans, I suspect, find Brexit both boring and incomprehensible. All that endless talk of customs unions, free trade agreements, hard borders, borders in the Irish Sea..!
South Africa
10 Oct 2018
The Decriminalisation Of Private Cannabis Possession And Use And The Workplace
In the recent decision in the consolidated matter of Minister of Justice and Constitutional Development and Others v Prince; National Director of Public Prosecutions and Others v Rubin; ...
South Africa
9 Oct 2018
Brexit: Trade Mark Update
Regular readers will recall our recent ENSight where we reported that a draft agreement had been published which, to a degree ...
South Africa
19 Sep 2018
SCA Issues Important Judgment On Video Recordings During Van Breda Trial
The trial of murder-accused Henri van Breda has attracted widespread media attention in recent months.
South Africa
11 Jul 2017
Ministers Can Be Held Liable For Costs Of Legal Proceedings
The South African Constitutional Court has found that cabinet ministers can now be held personally liable for the costs of legal proceedings to which they are a party.
South Africa
23 Jun 2017
Public Protector Cannot Be Ignored, SCA Rules
This morning, the Supreme Court of Appeal ("SCA") handed down a significant judgment relating to the powers of the Public Protector.
South Africa
16 Oct 2015
Black Economic Empowerment - Revised BEE Codes
The Department of Trade and Industry ("the Department") has embarked on a review of the black economic empowerment legislation.
South Africa
11 Oct 2012
Capital Gains Tax Consequences Pursuant To A Bequest Releasing A Debtor From A Debt Owed To The Deceased
Since the introduction of capital gains tax it has been a contentious issue whether capital gains tax would arise in circumstances where a testator releases a debtor from a debt owed by the debtor to the testator or where the testator would bequeath the subject matter of the debt to the debtor resulting in potential set-off or confusio.
South Africa
8 Sep 2005
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