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News about LexisNexis, its people, activities and values. Providing innovative efficient knowledge based solutions to help you stay a step ahead.
Resources
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Jason Manyenyeni argues that the learned Judge erred in some principal and crucial respects in the case of De Beer and Another v Minister of Cooperative Governance and Traditional Affairs. A view which he contends is consistent with most of the views expressed by early commentators, and that the judgment is unlikely to pass the scrutiny of an appeal court.
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Many African infrastructure projects, such as those in the oil and gas sector, for example, have been put on hold due to Covid-19. Making sure that companies have the right people to get projects back up and running as soon as possible is a top priority for both the public and private sectors.
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The survey gives a sense of how the lockdown is impacting expat workers and new assignees who were due to enter South Africa. More than 150 JSE-listed and large multinational companies operating across Africa participated in the survey. According to the survey, 37% of the participants have new assignees that were due to enter the country during the first quarter of 2020. They are waiting for the lockdown regulations to be lifted in order to enter South Africa.
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COVID-19 restrictions have led to a lot of uncertainty about existing visas and ongoing visa applications, however, as lockdown measures are lifted across Europe seafarers are strongly recommended to utilise this time in lockdown to carefully prepare their visa applications, while they await the reopening of visa application centres, thereby avoiding the common pitfalls that lead to a rejected visa.
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The Department of Home Affairs allows international travel in the following, albeit limited categories - work, study, to take up permanent residency, medical conditions and/or family reunions. This means that expats have an opportunity to help their parents stuck in South Africa.
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On 23 May 2020 the Department of Home Affairs confirmed that international travel will be allowed for South Africans, who fall within limited categories. The main ones being: work, study, family reunion, to take up permanent residency and for medical reasons. These are indeed the most important categories and make provision for most cases where international travel is an important consideration.
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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)
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A critical analysis of the Judgment in De Beer and Others v Minister of Cooperative Governance and Traditional Affairs (21542/2020) [2020] ZAGPPHC 184 (2 June 2020) with regard to the constitutional validity of both the  declaration of a state of national disaster and the regulations pursuant thereto.
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Insights on the regulations and directives the South African government and schools implemented to protect children’s rights to education under national lockdown.
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Most businesses have been struggling to stay afloat and some have considered cutting the number of their employees while others are totally closing down as they have not survived the COVID 19 lockdown period. Before deciding on totally closing down your business or company you might want to consider a business merger with a company or business that offers or renders the same goods and services as yours.
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COVID-19 – Companies placed in liquidation: Court leaves SARS weak, but retrenched employees are the real victims
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Multi-tiered dispute settlement and the introduction of Rule 41A is a significant evolution of South Africa’s legal system
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The new normal - A pandemic presenting us with an imperative to manage commercial disputes effectively. Appropriate, adaptive dispute resolution broadens the range of services a legal practitioner can deliver with the result that he/she can address a wider range of client’s needs. This is particularly important in this era of a ‘disrupted normal’. Reliance on legal mechanisms under these circumstances is akin to using a blunt instrument to perform delicate surgery.
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Representing and advising clients in a mediation process – a new practice area for legal representatives. Mediation Advocacy is the technique of strategically presenting a client’s position, needs and interests in a non-adversarial way, and in recognizing that the negotiated outcome to a dispute is usually more flexible, satisfying and sustainable than an order imposed by a court or other tribunal.
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The Covid-19 Temporary Relief Scheme Refined – Recent Amendments to the Minister’s DirectiveAmendments 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.
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Liability insurance in clinical trials is an indemnity covering the liability of an applicant for injury attributable to participation in the clinical trial. The loss covered includes that for medical treatment, and financial or other assistance necessary to adequately compensate participants for resultant impairment disability or handicap. When applying for a clinical trial to be approved, the applicant, the manufacturer, must submit evidence of comprehensive no-fault insurance. It seems that this measure is an adequate filter to avoid any company that may have nefarious intentions.
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An executive summary checklist applicable to workplaces which are permitted to operate during Alert Level 4 in terms of the Disaster Management Regulations issued on 29 April 2020
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Retrenchments: The when and how of retrenchment consultations in light of COVID-19 - let everyone know, before you decide to let anyone go
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The Covid-19 Temporary Relief Scheme Refined – Recent Amendments to the Minister’s DirectiveAmendments 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.
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Stats SA reports that 28% of businesses surveyed had decreased working hours, with close to 20% laying off staff in the short term¹, as a direct result of the COVID-10 national lockdown in South Africa. While some businesses deemed non-essential are able to continue operating with employees working remotely, aided by laptops and WIFI or mobile internet connectivity, the economic downturn has meant that even those working through the lockdown may not receive a full salary cheque come month end, with over 85% of South African businesses reporting turnover below the normal range. Going forward, lenders and businesses will need to be diligent in all vetting processes to protect themselves against both defaulters and potential fraudsters.