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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 [...]
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 [...]
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 [...]
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 [...]
A Lifeline for ESG in Investment Funds?
The battle over environmental and social governance principles continues round after round with the latest battle having been won by the proponents of ESG. Last month, [...]
CFC Rules and SA Dividends – A Trap for the Unwary
Introduction The controlled foreign company (CFC) rules are contained in section 9D of the Income Tax Act, 1962 (the Act) and are designed as an anti-avoidance provision [...]
Understanding the Concept of the “Lock-Box”/”Locked Box” Mechanism in the Mergers and Acquisitions Space
"Lock-box" mechanism vs closing date account mechanism Parties to M&A deals usually have a particular price and/or valuation methodology in mind for the acquisition of shares [...]
A Fiesta of Sports and IP
Over the past month or so, the world has been spoilt for choice with fiesta of sporting events from WIMBLEDON to the UEFA EURO's. And [...]
What lies ahead with respect to the employment of national Director-Generals amidst the new ministerial appointments?
As we tread new territory with a diverse cabinet, firmly moving into a new dispensation in our public administration, it is not unreasonable to imagine that [...]
Draft Prudential Standard and Proposed Guidance Note on Liquidity Risk Management for Insurers
By Slade van Rooyen, Candidate Attorney, reviewed by Natalie Scott, Director and Head of Sustainability On 28 May 2024, the Prudential Authority ("PA") published a notice [...]
PAIA Report Deadline – 30 June 2024
Attention all private and public entities; the deadline for submission of your report detailing all the requests for access to information received and processed in terms [...]
Workplace Discipline: Testing Positive for Cannabis
and S'nenhlanhla Lushaba - Candidate Attorney In the case of Enever v Barloworld Equipment South Africa, A Division of Barloworld South Africa (Pty) Ltd [1] the [...]
The nexus: Disinformation, Misinformation, and Privacy in the Age of Gen AI
The risks associated with disinformation and misinformation have reached heights never seen before in the era of Generation AI (Gen AI), where artificial intelligence (AI) technologies [...]
