Legal updates and opinions
Search Author
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 [...]
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 [...]
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 [...]
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 [...]
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), [...]
