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Author page: Ben Groot

The importance of Deeds of Suretyship for purposes of Risk Management

18 Junie 2021 The recent spate of large companies being placed under business rescue, of which CNA is the latest, has again highlighted the fact that no company can be deemed too large to fail or suffer financial difficulties. This has brought the question of mitigation of risk to the fore. In light thereof, we have decided to write this blog post to highlight the importance of deeds of...

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Updated disaster regulations: Amended Alert Level 4

Updated disaster regulations: Amended Alert Level 4

28 June 2021 We refer to the above as well as the regulations published by Government yesterday evening in the Government Gazette No 44772, pertaining to the third wave of COVID-19 infections and the resultant amended Level 4 status, as it applies from 00h01 today.

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Updated disaster regulations: 11 January 2021

Updated disaster regulations: 11 January 2021

12 January 2021 We refer to the above as well as the regulations published by Government last night, after the speech by President Ramaphosa, in the Government Gazette No 44066, pertaining to the extended amended Level 3 status, as it applies from 00h01 today.

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Updated disaster regulations: 29 December 2020

Updated disaster regulations: 29 December 2020

29 December 2020 All of the general measures remain in place to combat the spread of COVID-19, as set out previously, such as social distancing, mandatory wearing of face masks when in public, and the like. It seems as if these will now be more strictly enforced. Also, any person not wearing a face mask in public commits a criminal offence, and may, upon conviction, be liable to imprisonment...

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Claims against insurers under business interruption policies

Claims against insurers under business interruption policies

7 July 2020 In today’s newspapers, it was reported that the Western Cape High Court had yesterday ordered an insurer, Guardrisk, to indemnify its policy holder, a restaurant by the name of Café Chameleon, for the losses suffered by the restaurant as a result of the lockdown regulations issued pursuant to the current state of disaster. The matter was heard by Judge Le Grange, one of the more...

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Directives on re-opening of restaurants for sit-down meals

Directives on re-opening of restaurants for sit-down meals

30 June 2020 We refer to the above as well as the long-awaited directives for the re-opening of restaurants for sit-down meals, as well as other sectors of the tourism industry, including lodges, bed and breakfast facilities, conferences and casinos, issued by the Minister for Tourism on Monday 29 June 2020 (“the directives”). The directives must be read with the existing regulations and...

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Relaxation of certain Alert Level 3 Regulations

Relaxation of certain Alert Level 3 Regulations

27 June 2020 The regulations amend certain aspects of the current Alert Level 3-regulations, to the extent as set out more fully below. There are still issues that remain uncertain, specifically relating to sit-down meals at restaurants, for which further directions are still to be issued. Even though the Minister of Tourism, who is responsible for this sector, addressed the media yesterday...

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Directives on re-opening of Personal Care Services

Directives on re-opening of Personal Care Services

20 June 2020 The directives make it clear that the specified businesses in the personal care industry may only re-open once they have ensured full compliance with the directives applicable to the specific business. For each type of business, a specific standard operating procedure is set out, which applies to the business, its employees and its customers. It is furthermore made clear that...

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Declaration of invalidity of disaster regulations

Declaration of invalidity of disaster regulations

3 June 2020 We refer to the above as well as the judgment delivered today in the Gauteng High Court, Pretoria, in the matter of De Beer & Others v Minister of Co-operative Governance and Traditional Affairs. We only intend to give a brief discussion of the most important aspects of this judgment, without delving into all the technicalities of it. We also intend giving a brief explanation...

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Regulations on level 3 of the Disaster Regulations

Regulations on level 3 of the Disaster Regulations

28 May 2020 We refer to the above as well as the regulations published by Government today in the Government Gazette No 43364, pertaining to alert level 3, as it applies from 1 June 2020. The notice of publication specifically states that alert level 3 will apply nationally with effect from 1 June 2020. Certain hotspots are, however, identified, but no other restrictions have yet been put in...

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