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Keep Calm – We are Coming to the Rescue !!
Business rescue was introduced into our law with the enactment of Chapter 6 of the Companies Act 71 of 2008 ("Companies Act"). In essence, business rescue [...]
Changes to facilitate joint audits by SARS in the pipeline
by Nicholas Fairbairn, Associate and, Kelly Sease, Candidate Attorney (Reviewed by Doelie Lessing) Cross-border transactions As a result of globalisation and the digitalisation of the economy, [...]
To 2030 and beyond: Can embracing AI technologies help South Africa reach the National Development Plan’s visions for the ICT sector?
Once upon a time, the National Planning Commission published the National Development Plan and set the following long term goals for the ICT sector: "By 2030, [...]
And we dare to ask again – whose right is it to enforce a director’s fiduciary duties?
by Tandiwe Matshebela, Director and, Koketso Rapoo, Candidate Attorney The Companies Act It goes without saying that a director is the mind and sounding board of [...]
When is CTC not available as CTC?
What is contributed tax capital? CTC - or to give it its full name, contributed tax capital - is an artificial or notional designation created for [...]
Product recalls in South Africa
by Helen Michael, Director and, Raisah Mahomed, Candidate Attorney Product recalls in South Africa and globally have attracted much attention recently. In 2021, Phillips issued a [...]
Section 12A(3)(e) – Is it really all about promoting HDP or worker ownership?
by Graeme Wickins, Director Section 12A(3)(e) of the Competition Act Much has been written about the hyper-focus the Competition Commission (Commission) is currently applying to the [...]
Bid rigging vs price fixing: Clarification on when you will be deemed to have exited a cartel
Understanding what is exactly required to demonstrate that a company has distanced itself from a cartel is undoubtedly of great importance. The Competition Appeal Court (CAC) [...]
When must your medical scheme pay for treatment?
by Helen Michael, Director and, Raisah Mahomed, Candidate Attorney On 26 August 2022, the High Court in Pretoria handed down judgment in an application concerning a [...]
Not every crime is a cybercrime – The dichotomy of cyber-enabled crimes and cybercrimes
The global adoption of digital technology is rapidly increasing, which increase has caused an evolution in criminal behaviour resulting in the increased occurrence of cyberattacks on [...]
Breaking set stone – exceptional circumstances and the variation of Competition orders
by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of the Competition Law Practice, and Siyabonga Galela, Candidate Attorney The Competition [...]
The Constitutional Court has tightened the noose on the doctrine of common purpose.
by Sandile July, Director, Sandile Tom, Director and, Benedict Ngobeni, Candidate Attorney Doctrine of common purpose The principles underpinning the doctrine of common purpose came into [...]
Contractors, copyright and computer programs – what should business owners know?
by Danelle Plaatjies, and, Monique le Roux, Candidate Attorneys. Reviewed by, Jacques van Wyk, Director and Janine Hollesen, Head of Intellectual Property A common misconception about [...]
Illegal mining, the ‘zama zamas’ and the Law
Illegal mining is a critical challenge in the South African mining and minerals industry. The South African government previously recognised the potential of small scale mining [...]
Derivative misconduct in the workplace
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; Kelly Sease and Danelle Plaatjies, Candidate Attorneys Issue Whether or not the dismissal of an employee, [...]
Normal retirement age versus agreed retirement age
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; Kelly Sease and Danelle Plaatjies, Candidate Attorneys An agreed retirement age - Issue Whether an employer [...]
Road block ahead! Are data protection laws stifling technological innovation?
by Ahmore Burger-Smidt, Head of Data Privacy and Cybercrime Practice, and Siyabonga Galela, Candidate Attorney Oh, where the time has gone! It has been four years since the [...]
Sticks, straws and bricks: POPIA compliance strategy & governance framework
The Protection of Personal Information Act, 4 of 2013 (POPIA) is now over a year in full effect. Indeed, the POPIA compliance process has not come [...]
Stronger Penalties Needed In Climate Change Bill
Earlier this year, the United Nations (UN) Intergovernmental Panel on Climate Change (IPCC) published its Sixth Assessment Report, also known as "AR6". The Guardian called AR6 [...]
The true meaning of dispositions ‘not made for value’ in the South African Law of Insolvency
by Eric Levenstein, Head of Insolvency, Business Rescue and Restructuring, Kerisha Reddy, Associate, and, Brandon Starr, Candidate Attorney A key task of a liquidator, once appointed, [...]
Jump the gun, bite the bullet: Consequences of failure to notify a merger in Africa
by Paul Coetser, Director & Head of Competition, and Sandiso Dhlomo, Candidate Attorney It is no longer a surprise that many, if not most, African countries [...]
Taking the Collusion out of Collaboration between Competitors
by Nokwanda Zondi, Candidate Attorney, under supervision of Rudolph Raath, Director The Competition Commission's 2022 'Guidelines on Collaboration Between Competitors on Localisation Initiatives' and avoiding cartel [...]
Manna or a bitter pill – a perspective on public interest
Public interest considerations There is little debate around public interest considerations carrying the same weight as competition issues in South African merger investigations - a position [...]
POPIA and consent, the biggest misunderstanding?
“Sometimes you have to travel a long way to find what is near” Paulo Coelho It has been over a year since the compliance deadline of [...]
Once empowered, always empowered?
There has been a recent shift in emphasis by the Competition Commission of South Africa (the Commission) from simply protecting competition and market conditions to actively [...]
