SCA confirms ASA has no jurisdiction over non-members

Although the Advertising Standards Authority cannot exercise jurisdiction over anyone who is not a member of their organisation, a recent appeal has illustrated that they may still hold some power in regulating advertising in South Africa. This is positive news for consumers, who are directly impacted by the untruths communicated in false advertising. Historically, the

Insourcing does not automatically trigger employee transfer obligations

South Africa’s recent protests across tertiary institutions demanding the insourcing of services such as cleaning and security has sparked an interesting conversation around what conditions trigger section 197 of the Labour Relations Act (LRA). In terms of section 197 of the LRA, a company that takes over a business as a going concern is mandated

Due date for comments on controversial Electronic Communications Amendment Bill extended

Last year, the Department of Telecommunications and Postal Services issued a controversial proposed Electronic Communications Amendment Bill. This included the contentious proposal to create a wholesale, open-access network from which telecoms licensees would be expected to buy capacity, a development which mobile network operators have vocally criticised. To add to the discontent, the Bill was

National Treasury revises taxation on foreign income

Last year, South Africans were incensed by National Treasury revoking a long-standing exemption on foreign income. However, in response to public outcry, they have proposed reinstating a limited exemption on foreign earnings. The contention began in 2017, when the National Treasury issued the 2017 Draft Taxation Laws Amendment Bill (TLAB). This Bill proposed that the

Integrated ICT Policy translated into ICT Sector Commission and Tribunal Bill

A new Bill is set to integrate the many diverse disciplines that make up South Africa’s digital and ICT sector into a single, all-powerful entity. The draft Bill follows the Department of Telecommunications & Postal Services’ ambitious Integrated ICT Policy White Paper and will give effect to its aims. The White Paper outlined the Ministry’s