COVID-19 mandatory vaccine policy

Understanding black swan events: Why an anticipatory risk management approach is the antidote

On Friday 19 July 2024, the world encountered the biggest IT outage in history when major cybersecurity company CrowdStrike released a faulty update that caused an estimated 8 million computers worldwide to crash. The event had a wide-scale impact on airline ticketing systems, point-of-sale systems and any organisation that had the CrowdStrike Falcon solution installed across its IT environment. Reports by major insurance companies estimated that the crash caused more than $5 billion in direct damages to businesses, with the healthcare and banking sectors being the hardest hit, suffering over $1 billion indamages. 

The extent of business rescue practitioners’ powers to suspend a company’s contractual obligations

Chapter 6 of the Companies Act 71 of 2008 (Companies Act) confers various powers on business rescue practitioners (BRPs) once they have assumed their responsibilities to restructure the affairs of a company that has been placed under business rescue. This is achieved through the temporary supervision of the company, and the management of its affairs, business and property, by the BRP; a temporary moratorium on the rights of claimants against the company or in respect of property belonging to the company or lawfully in the possession of the company; and the development and implementation, if approved, of a business rescue plan to rescue the company by restructuring its affairs, amongst other things.

Electronic Travel Authorisation: Visa in disguise?

During Kenya’s 60 th independence anniversary celebrations on 12 December 2023, the president directed that Kenya will be a visa-free country, effective from January 2024. This development in the immigration sector is now implemented through the electronic Travel Authorisation (eTA) system that was unveiled on 5 January 2024. Notably, the eTA system departs from the public understanding of a visa-free experience as travellers (including infants and children) are required to obtain the document before embarkment. Travellers who expected a seamless entry into the country have aired their disappointment with the unexpected costs and additional documentation for persons from initially visa-exempt countries

Vicarious liability claims arising out of sexual harassment and the passage of time

The High Court recently emphasised the impact of prescription on a claim for vicarious liability arising out of sexual harassment in LM and South African Broadcasting Corporation . (2024) 45 ILJ 189(GJ) 

Health and Safety in the Workplace: Occupational Health and Safety Act (OHSA) - Pending Amendments

Fast-track administration

The Insolvency (Amendment) Bill, 2023 (Bill) proposes to introduce a fast-track administration process. This process will be applicable to companies that qualify as small companies under the Companies Act, 2015 and other companies with assets and turnover, class of creditors, amount of debt, or type of company that the Cabinet Secretary may prescribe.