Crypto Assets in South Africa’s financial regulatory landscape – The latest developments

At over 11 (eleven) years since the creation of Bitcoin, the world’s largest crypto currency by market capitalisation, many countries have implemented a policy position on crypto assets and/or enacted legislation in relation to the regulation of crypto assets. South Africa was no exception and in 2014 National Treasury issued a statement regarding the risks […]

Legal Implications of Retrenchments in Light of the Sale of a Business

Employees are often faced with the fear of retrenchment when a company is being sold or when a company embarks on a restructuring exercise. The Labour Relations Act No. 66 of 1995 (“LRA”) makes provision for such scenarios and provides employees with the necessary protection. Section 197 of the LRA states the following – If a transfer of a business takes place […]

Are commission only employees considered employees in terms of the basic conditions of employment act no. 75 of 1977?

Introduction: A commission-only employee is an employee who derives his or her entire income from commission on the work performed by such an employee (“Commission Only Employee”). Generally, Commission Only Employees may have flexible working times and the manner in which their work is performed may be left to the Commission Only Employee’s discretion. Purpose […]

Property agreements – make sure your ‘house’ is in order before signing an agreement

Property agreements Make sure your ‘house’ is in order before signing an agreement. Despite the depressed property climate in South Africa, there seems to be an upswing in property market conditions, buoyed by more lenient lending criteria, lower house prices and steady interest rates. This is attractive to first-time buyers, and residential and commercial property […]