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    LATEST NEWS
ANOTHER BLOW TO BEE?

In 2017, the Minister issued the Preferential Procurement Regulations (“Regulations”) as permitted by section 5(1) of the PPPFA. Afribusiness lodged a High Court application to challenge the validity of the Regulations on account that, in enacting the Regulations, the Minister acted beyond the scope of powers conferred on him by section 5(1) of the PPPFA.

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Moonlighting or side-hustle: Is it legal?

The law does not expressly forbid employees from having more than one job. But employers may do more than just frown upon it when their staff start offering the same services they provide to their employer after hours or on weekends to their clients. Even worse if they undercut their employer’s pricing and start selling the same products in competition.

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RE-DEPLOYMENT IN TERMS OF A FIXED TERM CONTRACT

The simple answer is: no, it is not. This issue was recently decided by the Constitutional Court in NUMSA.

The Labour Court in the attached judgment, essentially confirmed that the duration of the employment was a term of employment and the re-deployment was within that term.

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COVID-19 – IS THIS THE CASE OF FORCE MAJEURE?

The World Health Organisation declared COVID-19 as a pandemic on 11 March 2020. A pandemic is a disease that has spread in multiple countries around the world at the same time. Since its outbreak, COVID-19 has spread in most countries including South Africa, thereby forcing governments to put stringent measures in place to curb the spread of the virus.

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IS A TRADE UNION ALLOWED TO ACT IN BREACH OF ITS OWN CONSTITUTION?

The simple answer is: no, it is not. This issue was recently decided by the Constitutional Court in NUMSA.

The facts were the following. NUMSA had adopted a constitution that, inter alia, set out its scope of membership. Initially, the scope of membership was largely made up of the metal and related industries.

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