Legal updates and opinions
Search Author
Is your iPhone “illegal”?
and Ntombi Nzimande - Candidate Attorney Vertical integration is a powerful strategy employed by businesses to control more than one stage of their supply chain. By [...]
Credit Providers as Accountable Institutions
- Reviewer; Authored by Slade van Rooyen, Candidate Attorney Incidental credit attracts renewed interest in the context of the Financial Intelligence Centre Act 38 of 2001 [...]
The need for an AI framework in South Africa
The 2024 Nobel Prize in Physics was awarded on 8 October 2024 to John Hopfield and Geoffrey Hinton for their “foundational discoveries” that enable machine learning with artificial [...]
How SIM cards and open Wi-Fi allegedly exposed the SANDF’s data weaknesses
The South African National Defence Force ("SANDF") plays a critical role in safeguarding South Africa's sovereignty and territorial integrity.[1] As the backbone of South Africa's defence [...]
The paradox between the right to privacy and the right to freedom of expression
Botha v Smuts and Another [2024] ZACC 22 The right to privacy, a shield against unwanted intrusions, allows individuals to control their personal information and make life [...]
How you driven through to how safe your personal information is with Uber
"Uber did not meet the requirements of the GDPR to ensure the level of protection to the data with regard to transfers to the US. That [...]
Mergers, acquisitions, corporate takeovers and staff restructuring: the devil is in the deal detail
South Africa’s corporate landscape has seen an uptick in transactional activity this year, marked by a mix of strategic mergers, acquisitions, and, in some cases, distressed [...]
Bulelwa Mabasa, Director and Head of Land Reform, spoke to 702
Bulelwa Mabasa, Director and Head of Land Reform, spoke to 702 discussing the potential new mining rush for critical minerals in South Africa and the [...]
Implications on Mining Communities in the ‘New Minerals’ Revolution
The advent of the of the discovery of new critical minerals in the quest to fulfil the growing demand for a low-carbon economy, has had unique [...]
Sand Hawks (Pty) Lt d and Another v Labonte 5 (Pty) Ltd and Others [2024] ZASCA 122 (16 August 2024)
Tshegofatso Matlou - Candidate Attorney In this decision the Supreme Court of Appeal ("SCA") was required to determine whether the Regional Manager ("RM") of the Department [...]
Business Rescue: A tool for the realignment of capital resources in a distressed environment
In September 2024, corporate restructuring and business rescue remains an active area of practice. The market is seeing financial distress at the SME level and where [...]
Is Government Moving in the Same Direction: Will Rapid Deployment of Electronic Communications Networks Facilities Be Realised Soon?
Kuhle Joja- Candidate Attorney Over a decade ago, the national department of communications recognised that the lack of always- available, high speed and high quality bandwidth [...]
Sparking Entry into the Electricity Market
Solar energy remains a desirable source of electricity for businesses even "after" loadshedding, but high costs can be prohibitive. The DTIC's Block Exemptions for Energy Suppliers [...]
Small To Meduim Enterprises Filing For Business Rescue
Dr. Eric Levenstein, Director and Head of our Insolvency & Business Rescue practice area, spoke to eNCA discussing the uptick in filings for business rescue [...]
The National AI Policy Framework: A step closer to aligning with international trends
and Nothando Madondo, Candidate Attorney On 14 August 2024, the Department of Communications and Digital Development published the draft National AI Policy Framework for public input. This initial [...]
POPIA face-off on Facebook: High Court says social media post is unlawful, orders interdict
In the recent High Court decision of Munetsi v Madhuyu, the applicant sought a court order against the respondents to remove a video that they posted [...]
SAFM Market Update: Cross Trainer Enters Business Rescue
Dr. Eric Levenstein, Director and Head of our Insolvency & Business Rescue practice area, had a discussion with Jimmy Moyaha of SAFM about the markets [...]
When Three Legal Planets Align… WhatsApp Must Pay a $220 000 000.00 Fine
The Federal Competition and Consumer Protection Commission ("Commission"), being the foremost agency in Nigeria, responsible for the promotion, protection, and enforcement of competition and consumer protection, [...]
Waive Goodbye to Uncertainty: Phoenix Salt Industries (Pty) Ltd v The Lubavitch Foundation of Southern Africa
and Laeeqah Kassiem, Candidate Attorney This article discusses the judgement of Phoenix Salt Industries (Pty) Ltd v The Lubavitch Foundation of Southern Africa and provides interesting [...]
Mr. Pty Ltd, You Have a Right to Privacy!
When thinking about the Protection of Personal Information Act 4 of 2013 ("POPIA") individuals often, mistakenly so, think about the protection of personal information belonging to [...]
Section 54 – Still a Bar to the Commencement of Mining Activity?
On 5 December 2018, Werksmans published an article on the Constitutional Court Judgment: CCT 265/17 Maledu v Itereleng Bakgatla Mineral Resources ("the Maledu Judgment") which was [...]
Do Androids Dream of Unfair Dismissal?
A federal judge in California recently considered an employment discrimination claim that involved AI. Even though it considered specific circumstances which are fairly unique and groundbreaking, [...]
The Construction Climate Forecast: Stormy Seas Ahead
First introduced to Parliament in February 2022, the Climate Change Bill was passed by the National Assembly in October 2023 and by the National Council of [...]
The Law on Guarantees revisited and confirmed
and Justin Duarte - Candidate Attorney Bonifacio and Another V Lombard Insurance Company Limited Case No.: 247/2023 The nature of guarantees has once again been dealt [...]
European Union: Partial Revocation for Big Mac
A registered trade mark is vulnerable to revocation or cancellation for non-use if it has not been used for the goods and/or services for which it [...]