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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 [...]
Fake news – The three sisters: Mis, Dis and Mal.
by Ahmore Burger-Smidt, Head of Data Privacy and Cybercrime Practice, and Siyabonga Galela, Candidate Attorney Fake news Introduction The Fourth Industrial Revolution (colloquially referred to as [...]
Online Intermediation Platforms Market Inquiry – Provisional Summary Report Released
Digital markets are the fastest growing segment of the economy according to the Competition Commission ("Commission"), who has today released its provisional summary report in the [...]
You’ve been served … via NFT
by Natalie Scott, Director, and Janice Geel, Candidate Attorney The Uniform Rules of Court (Uniform Rules) were amended in 2012, which resulted in the inclusion of [...]
CCMA speaks again on mandatory vaccination policies
Mandatory vaccination policies in the workplace Hot off the heels of a number of awards by the CCMA which upheld mandatory vaccination policies in the workplace, [...]
Pre-Litigation Guide – Help your lawyers, help you
This Guide was prepared by, Darren Willans, Director, Sarah Passmoor, Director, Tsebo Masia, Associate, and Chiara Ferri, Candidate Attorney Five fundamental aspects of pre-litigation preparation It [...]
Cautionary notes for companies and influencers
Influencer advertising In 2022, even the most pessimistic advertiser is unlikely to bet on the fact that the rise in popularity of the influencer industry is [...]
The South African Reserve Bank’s new monetary policy implementation framework
On the 8th of June 2022, the South African Reserve Bank (SARB) commenced with its 12-week transition to a new monetary policy implementation framework.[1] According to [...]
A new Covid 19 code: has anything really changed?
by Anastasia Vatalidis, Head of Labour & Employment, Sandile Tom, Director, and Benedict Ngobeni, Candidate Attorney On the heels of the Minister of Cooperative Governance and [...]
Affected persons are invited – again – to provide comments on The Code of Conduct for The Banking Association of SA
On 24 June 2022, the Information Regulator of South Africa (Information Regulator) published a notice in terms of section 61(2) of the Protection of Personal Information [...]
Gerrymandering Healthcare? Certificate of need
The term "gerrymander" is used primarily in the context of shifting the boundaries or borders of voting constituencies in order to achieve a political advantage that [...]
Business Rescue Proceedings in South Africa
Business Rescue Proceedings A company should commence business rescue proceedings at the first signs of it being financially distressed, within the meaning of the Act. 1. [...]
To interdict or not to interdict: Parties continue to fall in the same pitfalls
Securing an interdict It has long been held, per Loomcraft Fabrics CC v Nedbank Ltd and another [1996] 1 All SA 51 (A) (the Loomcraft case), [...]
Can a Business Rescue Practitioner and a Curator Bonis hold hands?
The recent High Court judgment in National Director of Public Prosecutions v Knoop N.O and others; National Director of Public Prosecutions v Templar Capital Limited and [...]
The Rise in Responsible and ESG Investment
ESG Framework by Natalie Scott, Director, and Janice Geel, Candidate Attorney The King IV Report on Corporate Governance for South Africa was published on 1 November [...]
When is Disclosure Voluntary for VDP Relief?
Voluntary Disclosure Programme (VDP) The Voluntary Disclosure Programme (VDP) is a disclosure programme that allows taxpayers to come forward on a voluntary basis to regularise their [...]
UPDATE | Important Notice for Kenya Imports (Recordation)
Mandatory Recordation of Intellectual Property Rights as of 1 July 2022 "deadline extended to 1 January 2023" Kenya's Anti-Counterfeit (Recordation) Regulations 2021 requires Intellectual Property rights [...]
National Land Reform Summit considers new modes of landholding tenure
Deputy President David Mabuza leading Inter-Ministerial Committee on land reform convened the Communal Land Administration and Tenure Summit on 27 - 28 May 2022, involving NGOs, [...]
Junior Mining Indaba 2022
The Junior Indaba took place on 1 and 2 June 2022 at the Johannesburg Country Club for junior miners. The discussions this year include a focus [...]