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Burger King merger approved – what role will black ownership play in future mergers?
Burger King merger 1. The Competition Commission's prohibition in June 2020 of the sale of Burger King (South Africa) (RF) (Pty) Ltd ("BKSA") to private equity [...]
Section 161 of the Companies Act and a shareholder’s claim for reflective loss
Section 161 of the Companies Act In terms of the South African common law, a shareholder does not have the right to claim for a reduction [...]
“I will never get caught”: The consequences of non-compliance with POPIA
Non-compliance with POPIA With the attention on complying with the Protection of Personal of Personal Information Act No. 4 of 2013 ("POPIA") by 1 July 2021 [...]
Obtaining authorisation to process special personal information demystified
1. Processing of Special Personal Information On 28 June 2021, the Information Regulator published its "Guidance Note on Processing of Special Personal Information"' ("Guidance Note"). Self-evidently [...]
Eye spy with my little eye… Template PAIA Manuals published by the Information Regulator
Updated PAIA Manual templates for private bodies To kick off the beginning of Access to Information month, the Information Regulator published its updated PAIA Manual templates [...]
Top ten risks for creditors of companies going into Business Rescue in 2021
Chapter 6 of the Companies Act No. 73 of 2008 Continued pressure on business and world economies due to the ongoing battle with the Covid-19 Pandemic [...]
Information officers take note!
Promotion of Access to Information Act, 2000 regulations 1. The long-awaited Promotion of Access to Information Act, 2000 regulations ("the Regulations") were finally gazetted by the [...]
Advancing credit to financially distressed companies – warning signals for suppliers and creditors?
Advancing credit to financially distressed companies Continued pressure on business and world economies due to the ongoing battle with the Covid-19 pandemic continues into the second [...]
A bank’s choice of forum – what does the law say?
Setting the Scene It is common practice for consumers to take up mortgages and purchase motor vehicles on credit from financial institutions. However, what happens if, [...]
Draft standards on address data published for public comment
Draft standards on address data 1. The Protection of Personal Information Act 4 of 2013 ("POPIA") has a wide application especially if one considers the definition [...]
Treasury modifies the interest limitation proposals
Proposed interest limitation rules In 2019 Treasury released a discussion document dealing with the proposed interest limitation rules that would apply where a South African company [...]
Business rescue and employee rights
What happens to employees when their employer is placed into business rescue? What happens to employees when their employer is placed into business rescue? On the [...]
JSE efforts to reduce red tape in Section 9 of the Johannesburg Stock Exchange Listing Requirements: Part 2
Johannesburg Stock Exchange Listing On 5 March 2021, the Issuer Regulation Division of the JSE issued a Market Notice on a JSE Consultation Paper titled "Cutting [...]
Kenya introduces Anti-Counterfeiting (Recordation) Regulations, 2021
Kenya's Anti-Counterfeit (Recordation) Regulations 2021 Kenya's Anti-Counterfeit (Recordation) Regulations 2021 requires Intellectual Property rights ("IPR") owners who import goods into Kenya to record their IPR with [...]
Oh how the world is changing – Draft guidelines on collaboration between competitors on localisation initiatives
Draft guidelines on collaboration between competitors on localisation initiatives 1. The Competition Commission ("Commission") has recently issued a notice in terms of section 79(3) of the [...]
The Memorandum of Understanding between the Competition Commission of South Africa and the National Agricultural Marketing Council
The Competition Commission and the NAMC concluded an MOU On 13 August 2021 the Competition Commission ("the Commission") and the National Agricultural Marketing Council ("the NAMC") [...]
Basics of Business Rescue
What is business rescue? Business rescue proceedings are proceedings aimed to facilitate the rehabilitation of a company that is financially distressed by providing for – the [...]
The cost of speaking ill of the Competition Commission
Proceedings before the Competition Commission Litigation is, by its very nature, adversarial and in consequence, litigants are sometimes prone to making rash and unfounded assertions and [...]
A brief overview of Small Claims Court procedures
The Small Claims Court ("SCC") The Small Claims Court ("SCC") was established by the Small Claims Court Act 61 of 1984 ("Act") as a means of [...]
The importance of careful drafting of Trust Deeds
Careful and precise drafting of Trust Deeds Many South Africans form trusts for asset protection and estate planning purposes. In the 2018 case of Du Plessis [...]
Claims for non-payment in terms of Section 73A of The Basic Conditions of Employment Act
Section 73A of The Basic Conditions of Employment Act (BCEA) In 2019, the Basic Conditions of Employment Act 75 of 1997 ("BCEA") was amended in several [...]
LIBOR: The end of an era….a time for change
London Interbank Offered Rate ("LIBOR") Over the last couple of years, there has been talk in the banking and finance sector of the announcement by the UK's Financial Conduct Authority ("FCA"), that the London Interbank Offered Rate [...]
“This is hate speech” – The Constitutional Court has spoken
This is hate speech The Constitutional Court has handed down judgment in the case of Qwelane v South African Human Rights Commission and Another [2021] ZACC [...]
Countdown to POPIA Webinar
Countdown to POPIA Webinar The 1st of July 2021 is the day for all public and private bodies to ensure compliance with POPIA. Compliance with [...]
Extension of COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”)
On 11 July 2021 President Cyril Ramaphosa announced that the Covid-19 Temporary Employer / Employee Relief Scheme ("TERS") would be extended to certain industries and business [...]
