NEWSFLASH FOR WEEK 1 (01 – 05 November 2021)

ARBITRATION

The International Arbitration framework in South Africa

Arbitration is a well-known alternative dispute resolution mechanism in South Africa.

The courts are willing to enforce any valid arbitral award on the same basis as a judgment of the High Court of South Africa, unless there is an exceptional reason for not doing so. International or cross-border commercial disputes are regulated by the International Arbitration Act 15 of 2017 (“IAA”) in South Africa.

ENVIRONMENTAL

Adding environmental degradation to the insurrection crime sheet?

The costs of the recent insurrection in KwaZulu-Natal continue to add up, as the list of lives lost grows and the cost to the economy escalates. While both are devastating and tragic, it’s also essential to assess the impact and scope of environmental damage caused by the mid-July mayhem. There can be no doubt that while there was extensive harm to building infrastructure, the public and many companies and business owners who fell victim to the looting and destruction also suffered damages to their natural environment, such as air, water and land pollution.

LABOUR

New case deals with sexual harassment in South Africa – and when the business is liable

As citizens slowly return to the workplace, there is a renewed focus on issues such as discrimination and harassment in the workplace. This poses the question – what liability does an employer have if one of its employees is found guilty of sexually harassing a fellow employee?

PENSIONS

Treasury listens to industry on Regulation 28

Pension funds are ready to increase their investments into infrastructure – if good returns can be expected.

National Treasury seems to have paid close attention to comments from the retirement industry following the publication of the first draft of proposed changes to Regulation 28 of the Pension Fund Act. This section of the act tells institutional investors where they are allowed to invest pension money in an effort to do a bit of risk management.