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Jan 21, 2025 | 
bizcommunity.com | Keshni Naicker |Amandla Makhongwana |Jerry Kaapu |Chloë Loubser
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Most employers in South Africa will be familiar with Schedule 8 of the Labour Relations Act 1996 (LRA) – the Code of Good Practice: Dismissal (Current Code). In a significant development, on 21 January 2025, the Department of Employment and Labour published a new Draft Code of Good Practice on Dismissal (Draft Code) for public comment.
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Nov 19, 2024 | 
bowmanslaw.com | David Opijah |Vallarie Yiega |Jerry Kaapu |Amandla Makhongwana
In terms of section 187(2)(a) of the Labour Relations Act 1995 (LRA), a dismissal based on unfair discrimination may be fair if the reason for dismissal is based on an inherent requirement of the particular job. In the matter of Sun International Management Limited v Sayiti (JA 13/23) [2024] ZALAC 52 (21 October 2024) the Labour Appeal Court (LAC) had to consider this defence in the context of an employee’s religious beliefs, which prevented him from performing weekend work.
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Nov 19, 2024 | 
bowmanslaw.com | Jerry Kaapu |Amandla Makhongwana |Christine Rodrigues |Zamanguni Mazubane
The High Court of Kenya (the Court) in Nancy Chelagat Cherwon v. Hon. Martha Karua & 5 others addressed the complexities of copyright law and consent within our ever-changing digital landscape. The Court ruled that incidental use that is minor or secondary and is not intended as the main use of one’s copyright does not constitute an infringement under the Constitution of Kenya 2010 (Constitution) or the Copyright Act (Chapter 130) laws of Kenya (Copyright Act).
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Nov 18, 2024 | 
bizcommunity.com | Amandla Makhongwana |Jerry Kaapu |Chloë Loubser |Lesley Mokgoro
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As we near the end of 2024, many employers and employees are looking forward to much-anticipated year-end functions, the festive season celebrations, and simply being around family and friends. While a break from the hustle and bustle is encouraged, what is not, is drinking and driving.
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Jun 24, 2024 | 
bowmanslaw.com | Bongani Mtotoba |Amandla Makhongwana |Jerry Kaapu |Deirdre Phillips
It has been widely reported that the South African Revenue Service (SARS) is focusing on taxpayer compliance with the aim of collecting additional tax revenue. Further, SARS is gradually rebuilding its capacity and technical skills with an emphasis on hiring transfer pricing specialists. Auditing cross-border related party arrangements is seen as an easy way to address the shortfall.
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Jun 19, 2024 | 
bowmanslaw.com | Amandla Makhongwana |Jerry Kaapu |Deirdre Phillips |Bongani Mtotoba
SectorsAviationConstructionConsumer GoodsEducationEnergyFinancial InstitutionsHotels and LeisureIndustrialsInfrastructureInsuranceMiningPharmaceuticals and HealthcarePorts, Rail and LogisticsTMTRegionsCape TownJohannesburgNairobiMokaDar es SalaamDurbanWindhoekPort LouisLusakaSwakopmund
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Jun 11, 2024 | 
bowmanslaw.com | Amandla Makhongwana |Jerry Kaapu |Taria Khaoma |David Opijah
Introduction: With Kenya often representing innovation, cultural, creative ingenuity, and technical advancements, understanding the regulatory and commercial landscape in relation to intellectual property rights is increasingly critical. IP rights are territorial, which means that they are generally afforded protection in the country where the intellectual property is registered and/or used.
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Jun 11, 2024 | 
labourguide.co.za | Amandla Makhongwana |Jerry Kaapu
ConCourt confirms Coca-Cola’s retrenchments were for operational requirements2024/05By Amandla Makhongwana, Senior Associate and Jerry Kaapu, Partner and Team Leader at Bowmans LawOverviewIn Coca-Cola Beverages Africa (Pty) Ltd v Competition Commission & Food and Allied Workers Union, the Constitutional Court considered whether retrenchments had been a result of operational requirements or were merger-specific.
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Apr 23, 2024 | 
bowmanslaw.com | Amandla Makhongwana |Jerry Kaapu |Nazeera Mia |Amanda Mfuphi
In recent years, data privacy and private security have become paramount concerns for individuals and businesses alike. In Kenya, as in many other countries around the world, there are regulations in place to safeguard the privacy of data which, at the same time, need to be balanced against the need to protect individuals and property against security and terrorist threats. Understanding and navigating these regulations is crucial for compliance in order to balance multiple interests.
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Oct 23, 2023 | 
polity.org.za | Jerry Kaapu |Amandla Makhongwana
The Administrative Adjudication of Road Traffic Offences Act 46 of 1998, as amended by the Administrative Adjudication of Road Traffic Offences Amendment Act 4 of 2019 (AARTO) is not only about a demerit system against individual motorists for their road traffic violations. AARTO has far reaching consequences for current and future employment relationships.
