On 26 March 2020, the Minister of Justice and Correctional Services issued Directions in terms of Regulation10 of the Regulations under the Disaster Management Act, 2002 (the “Directions”).The Directions will apply during the period of the lockdown, between midnight on Thursday, 26 March 2020 and midnight on Thursday, 16 April 2020 ...
In its recent decision inNational Union of Metal Workers of South Africa v Lufil Packaging (Isithebe) and Others, the Constitutional Court had to decide this question in an appeal brought by the National Union of Metal Workers of South Africa (“NUMSA”) against a decision of the Labour Appeal Court (“LAC”), which held that NUMSA was not entitled to organisational rights within Lufil’s workplace ...
Many banks and other financial services businesses and corporates have started preparing for life after the London Interbank Offered Rate (“LIBOR”). We are now less than two years away from the LIBOR and other Interbank Offered Rates (“IBORs”) being discontinued. Global banks are only required to submit LIBOR until the end of 2021. The proposal is to replace LIBOR and other IBORs with (nearly) risk-free rates (“RFR”) in certain major jurisdictions ...
Is the employer obligated to notify the Principal Inspector of Mines of known cases of COVID-19 in the workforce? In terms of section 11(5B) of the Mine Health and Safety Act, 1996 (the "MHSA"), the employer is required to notify the Principal Inspector of Mines of any occurrence at the mine that results in the illness of any person ...
In response to the rapid spread of the coronavirus (COVID-19), South Africa entered a lockdown period on 27 March 2020 and subject to any further directions from government, this period is due to last until midnight on 16 April 2020. During the lockdown period, employees performing an essential service are allowed to travel to and from work ...
The Emergency Regulations published under the National Disaster Management Act, 2002 to reduce the impact of the coronavirus (COVID-19) were understandably, under the circumstances, published in a hurry with a number of scenarios not being thought of and being left to interpretation. One of those is sectional title living ...
The Financial Sector Conduct Authority (“FSCA”) has been proactive in responding to the threats posed to the retirement funds industry by the infectious disease caused by the coronavirus (“COVID-19”) pandemic affecting South Africa. In recent days, the FSCA has made two noteworthy pronouncements for the retirement funds sector in an effort to mitigate potential exposures that the COVID-19 pandemic is likely to have on the retirement funds industry ...
On 23 March 2020, the President of South Africa issued a statement informing the public that a nationwide lockdown would be enacted in terms of the Disaster Management Act, 2002. The lockdown commenced at midnight yesterday, 26 March 2020, and is set to end at midnight on Thursday, 16 April 2020 ...
Directions pertaining to the communications sector were issued on 26 March 2020 by the Minister of Communications and Digital Technologies (the "Minister"), to ensure the smooth operations of the electronic communications sector – as essential services – during the disaster period to combat the spread of the coronavirus (COVID-19) in South Africa ...
On 25 March 2020, the Commission for Conciliation, Mediation and Arbitration (“CCMA”) published a statement on its website, in which it provided some much-needed clarity on the options available to employees, employers and CCMA users in the midst of the coronavirus (COVID-19) pandemic. This clarity has been augmented by a Directive published today and the updated Guide for Employers released by the Department of Labour ...
On 23 March 2020, South African President Ramaphosa announced a nationwide lockdown for 21 days with effect from midnight on Thursday, 26 March 2020 as part of government’s integrated measures to prevent and contain the spread of the coronavirus (COVID-19). The nationwide lockdown will have a cascading effect on the operations of many South African businesses, courts and the regulators (including the Broad-Based Black Economic Empowerment (“B-BBEE”) Commission) ...
The coronavirus (COVID-19) pandemic has, due to its high rate of transmissibility, unsettled many of us, forced us to distance ourselves socially, and to make adjustments to our way of life. We are living in a time where something as mundane as sneezing or coughing may earn you a death stare. While the fear of contracting COVID-19 is a real and devastating reality, one of the consequences of this fear is that it has the potential for social stigma ...
COVID-19, also known as the Coronavirus, is an infectious disease caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) that was declared a pandemic by the World Health Organization on 11 March 2020. The disease has since been reported in over 190 countries. For more information on COVID-19, or for support and advice should you experience symptoms, please consult the below local resources: Angola:http://www.governo.gov.ao/ Benin:https://www.gouv ...
As the country grapples with the coronavirus (COVID-19), various directives are being issued by different authorities. It is incumbent on the authorities that the measures are issued within the law. Enterprises that endeavour to observe these measures or wish to take their own measures also need to ensure that their actions are within the law. There are many legal issues to bear in mind. We set out key issues below. The Public Health Act (Cap ...
On 15 March 2020, the President of South Africa, in a national address, announced the declaration of the coronavirus (COVID-19) pandemic as a "national disaster". Since then, many significant consequential announcements have been made, relating to restrictions on movement, business activity, travel and other matters, all in the interests of preventing an escalation of the national disaster and alleviating, containing and minimising the effects of the national disaster ...
Now that South Africa is under lockdown for the next 21 days, as part of an organisation’s business continuity efforts, businesses will, to the extent possible, continue to run remotely. Two common legal issues that arise from remote working are: the electronic signing of agreements and instructions; and whether meetings can take place using technological means. In this article, we touch on both issues ...
On Monday, 23 March 2020, President Cyril Ramaphosa announced a 21-day national lockdown in response to the coronavirus (COVID-19) pandemic, in terms of the Disaster Management Act, 2002. The lockdown will result in all employees (except those performing “essential services”) being confined to their residences and, as a result, being unable to tender services in the “normal” course ...
The Minister of Health has invoked powers under the Public Health Act, (Cap. 281) to issue rules and orders aimed at combating the coronavirus (COVID-19) in Uganda as below: The Public Health (Notification of COVID-19) Order, 2020 Under this Order, Covid-19 is declared a notifiable disease to which the provisions on prevention and suppression of infectious diseases under the Public Health Act (Cap. 281) apply ...
The regulations published on 18 March 2020 in terms of the Disaster Management Act, 2002 (the “Act”) have been amended to regulate the lockdown announced by President Ramaphosa on 23 March 2020. A new chapter 2 specifically dealing with the lockdown has been inserted into the regulations. We summarise below the most significant provisions contained in chapter 2 ...
On 23 and 24 March 2020, the Minister of Trade, Industry and Competition (the “Minister”) published Regulations under section 78(1) of the Competition Act, 1998 exempting the banking and retail property sectors respectively from certain provisions of the Competition Act in order to limit the impact of the ongoing national state of disaster announced on 15 March 2020 ...
As a result of the increasing spread of the coronavirus (COVID-19), many employees may consider placing themselves in self-quarantine after possible exposure to the virus. Self-quarantine is a precautionary measure taken by a person who has been in contact with someone who has contracted COVID-19, but has not tested positive or is not showing any symptoms of the virus ...
