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Mauritius: Coronavirus (COVID-19) and Data Protection
ENSafrica, May 2020

On 17 April 2020, the Mauritius Data Protection Office (the “DPO”) published a guide on data protection in the context of the Coronavirus (COVID-19) outbreak. The DPO, as the enforcing authority under the Data Protection Act (the “Act”), has reiterated that all organisations involved in the processing of data should continue to comply with all their obligations under the Act...

Mauritius: Coronavirus (COVID-19) Impact on Financial Institutions
ENSafrica, April 2020

The outbreak of the Coronavirus (COVID-19) pandemic and the incidental measures adopted by the Mauritian government represent serious potential impact for financial institutions in general. Below, we examine the recourses available to borrowers facing financial hardship as a result of the pandemic and its aftermath. We consider only credit facilities, that is, agreements by which financial institutions advance money to their clients for repayment either in instalments or at term...

When Should the Labour Court Intervene in a Retrenchment Process?
ENSafrica, April 2020

Economists predict that the Coronavirus (COVID-19) pandemic will lead to retrenchments on an unprecedented scale on the back of an already weak economy. It is likely that unions, when confronted with proposals to retrench, will approach the consultation process envisaged in section 189 and section 189A of the Labour Relations Act, 1995 (“LRA”) with more rigour. Section 189A(13) Of importance in this regard is section 189A(13) of the LRA...

ENSafrica: Coronavirus (COVID-19) Legal Update
ENSafrica, April 2020

employment Update to C19 TERS and tax treatment of C19 TERS benefit Lauren Salt (ENSafrica Employment) and Arnaaz Camay (ENSafrica Tax) summarise the latest amendments to the COVID-19 Temporary Relief Scheme (“C19 TERS”), 2020 directive. They also consider the tax implications of C19 TERS benefits. Clickhereto read the full article...

South Africa: Coronavirus (COVID-19) - How to Avoid Vicarious Liability for Data Protection Breaches by Employees in an Online Environment during Lockdowns
ENSafrica, April 2020

The UK’s highest court recently ruled that Morrisons, a supermarket group, was not vicariously liable for the criminal act of an employee with a grudge who leaked the payroll data of about 100 000 members of staff. Many companies sighed in relief on hearing that the Supreme Court of Appeal did not hold Morrisons vicariously liable...

Coronavirus (COVID-19) Updates: A Non-Exhaustive List of Recent Measures Aimed at Curbing the Spread of Coronavirus
ENSafrica, April 2020

World: The COVID-19 pandemic has prompted all destinations worldwide to introduce restrictions on travel, research by the World Tourism Organization (UNWTO) has found. This represents the most severe restriction on international travel in history and no country has so far lifted restrictions introduced in response to the crisis. Following up on previous research, the latest data from the United Nations specialised agency for tourism shows that 100% of destinations now have restrictions in place...

Brexit: Trade Mark Update
ENSafrica, April 2020

If you have been keeping a close eye on the ongoing discussions relating to Brexit, you will recall our earlier ENSight where we reported that the United Kingdom Intellectual Property Office (“UKIPO”) provided some clarity on how European Union (“EU”) trade mark registrations will be treated on Brexit...

South Africa: Update to the Coronavirus (COVID-19) TERS and Tax Treatment of C19 TERS Benefit
ENSafrica, April 2020

In light of President Ramaphosa’s announcement of a phased approach to the end of lockdown, many businesses will still be required to remain closed (or partially closed) after 30 April 2020. With this in mind, many employers will still require assistance from the Coronavirus (COVID-19) Temporary Relief Scheme (“C19TERS”)...

South Africa: Coronavirus (COVID-19) and Privacy Concerns in your School
ENSafrica, April 2020

In light of the declaration of a national state of disaster as a result of the Coronavirus (COVID-19) pandemic, it is now likely that schools and further learning institutions in South Africa will remain closed for the foreseeable future (even after the national lockdown period) and online teaching will be inevitable. However, privacy, data protection and security are critical when teachers and learners are working remotely due to the higher risk of personal data breaches...

The Phhasing-Out of LIBOR: A Helpful Guide to the “Must-Have” Features of Contractual Fall-back Language
ENSafrica, April 2020

Market participants are undertaking significant work to prepare for a transition away from the London Interbank Offered Rate (“LIBOR”). The Financial Conduct Authority (“FCA”) in the UK has made it clear that the publication and dissemination of LIBOR cannot be guaranteed after 2021. The launch and reform of preferred alternative reference rates to USD LIBOR and GBP LIBOR are important steps in this transition journey...

South African Crypto Asset Regulatory Framework Proposed
ENSafrica, April 2020

The Crypto Assets Regulatory Working Group (“CAR WG”) of the Intergovernmental Fintech Working Group (“IFWG”) has released its long-anticipated position paper on crypto assets. The position paper proposes that a clear regulatory policy for crypto assets be adopted in South Africa. However, it is still recommend that crypto assets not be regarded as legal tender or public money...

ENSafrica: Coronavirus (COVID-19) Legal Update
ENSafrica, April 2020

banking and finance Financial services under lockdown ENSafrica’s Banking and Finance team summarises some of the latest COVID-19 related regulatory amendments and updates pertaining to financial services. They also highlight some remaining areas of uncertainty. Here is the full article...

South Africa: Water and Sanitation Emergency Procurement COVID-19 Disaster Response Directions Published
ENSafrica, April 2020

In recognition of the ability to detect the Coronavirus (COVID-19) in sewage and the critical role of basic hygiene in combatting COVID-19, the Minister of the Department of Human Settlements, Water and Sanitation has published directions in terms of the Disaster Management Act, 2002. The Directions implement the emergency procurement of water supply and sanitation services to identified areas to combat the spread of COVID-19...

New Directives from the Chief Justice, Supplementary Directives from the Gauteng Judge President and Directions from the SCA in regard to litigating during lockdown
ENSafrica, April 2020

In order to provide guidance to litigators in navigating the national state of disaster, the Chief Justice has issued two sets of directives that apply to all courts across the country. The first was issued on 17March2020, and contained provisions restricting the number of people allowed in courts and implemented decontamination and social distancing protocols. The second was issued on 17 April 2020, and is to be read in conjunction with the initial directive...

South Africa: Water and Sanitation Emergency Procurement COVID-19 Disaster Response Directions published
ENSafrica, April 2020

In recognition of the ability to detect the Coronavirus (COVID-19) in sewage and the critical role of basic hygiene in combatting COVID-19, the Minister of the Department of Human Settlements, Water and Sanitation published directions. THese directions,  published on 15 April 2020, are in reference to the Disaster Management Act, 2002...

South Africa: amendments to the lockdown regulations: take-home points for employers
ENSafrica, April 2020

On 16 April 2020, the Minister of Cooperative Governance and Traditional Affairs issued a notice which amended several material aspects of the lockdown regulations issued in terms of section 27(2) of the Disaster Management Act, 2002...

South Africa: A new Online Portal and Easy Aid Guides for applying to the C19 TERS
ENSafrica, April 2020

In the wake of the rapid developments to the Coronavirus (COVID-19) Temporary Relief Scheme (“C19 TERS”) in the past few weeks, it is critical that employers remain informed and up-to-date on the latest processes in place. The C19 TERS was established to compensate employees who have lost income due to the COVID-19 pandemic, through the Unemployment Insurance Fund (“UIF”)...

South Africa: Will the Creation of a Coronavirus (COVID-19) Contact Tracing Database Pose any Security Concerns?
ENSafrica, April 2020

A recent government notice amended the regulations published in terms of the Disaster Management Act, 2002 to provide for the mandatory establishment of the COVID-19 Tracing Database by the National Department of Health. This database will trace people who are known or reasonably suspected to have come into contact with any person known or reasonably suspected to have contracted COVID-19...

South Africa: MPRDA related timeframes extended
ENSafrica, April 2020

The Minister of Mineral Resources and Energy recentlypublishedCoronavirus (COVID-19) related regulations pertaining to some of the prescribed timeframes in the Mineral and Petroleum Resources Development Act, 2002 (“MPRDA”). The relevant timeframes have been extended by the operation of law by thenumber of days of the ultimate duration of the COVID-19 lockdown period...

South Africa: All Industries excluding the mining industry: is there an obligation on employers to report and investigate incidents of employees contracting the Coronavirus (COVID-19) ?
ENSafrica, April 2020

Application of the Occupational Health and Safety Act, 1993 (the "OHASA")? Several health and safety obligations (both general and specific) towards employees are imposed on an employer or user in respect of the "workplace". The term "workplace" is also defined broadly in the OHASA as "any premises or place where a person performs work in the course of his employment"...

South Africa: Estate planning during a pandemic: are your affairs in order?
ENSafrica, April 2020

The Coronavirus (COVID-19) pandemic, which has disrupted lives and continues to wreak havoc on the global economy, has seen a sudden and dramatic shift in the way we live. Previously, uncommon concepts and practices such as social distancing, lockdown, quarantine and self-isolation have now rapidly become part of our daily parlance. Unsurprisingly, in view of the swift rise of death rates associated with the pandemic, many people are being reminded of their own mortality...

South Africa: Cost-cutting employment alternatives to retrenchment following the extended lockdown
ENSafrica, April 2020

Like many other countries worldwide, South Africa went into a 21-day national lockdown on 27 March, in an effort to help slow down the spread of the Coronavirus (COVID-19). The lockdown has already had a devastating impact on the economy and on employment in a country that was already in recession. This has already been felt by many in their pockets...

South Africa: How to choose a video conferencing platform in the time of Coronavirus (COVID-19)
ENSafrica, April 2020

Given the fact that many countries are under some form of lockdown as a result of the Coronavirus (COVID-19) pandemic, organisations that are able to do so, are now working remotely, with video conferencing platforms enabling people to have virtual meetings just like they were face to face. However, there are growing privacy concerns over the use of these platforms, with some in the spotlight for sharing data with Facebook...

South Africa: Coronavirus (COVID-19) financial services under lockdown
ENSafrica, April 2020

The lockdown regulations, as amended on 2,16 and 20 April 2020, designate which financial services businesses are “essential services”, permitted to operate from places of business during the lockdown period...

Compensation for loss arising from protected strikes: some thoughts on an employer’s options
ENSafrica, April 2020

A strike, and employees’ actions during a strike, will almost inevitably cause an employer losses. In terms of South African common law, an employer may have a delictual remedy at its disposal. It can, in certain circumstances, sue the union or its members for the losses suffered...

 

 

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