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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 [...]
Regulations Regarding the Control of the Import or Export of Waste
and Slade van Rooyen, Candidate Attorney, reviewed by Natalie Scott, Director and Head of Sustainability On 2 October 2023, the Minister of Forestry, Fisheries and the [...]
Bulk interception and surveillance and the might of the State
"It’s important to recognize that you can’t have 100 percent security and also then have 100 percent privacy and zero inconvenience. We’re going to have to [...]
Managing Tax Risks Through Tax Indemnity Insurance
Taxpayers have multiple tax risk management options at their disposal when entering into complex transactions with each option having its own advantages and disadvantages. The complexity [...]
Prudential Authority Issues Guidance on Climate-Related Governance/Risk Practices and Disclosures for Insurers
By Slade van Rooyen, Candidate Attorney, reviewed by Natalie Scott, Director and Head of Sustainability On 10 May 2024, the Prudential Authority ("PA") issued Guidance Notice [...]
Prudential Authority Issues Guidance on Climate-Related Governance/Risk Practices and Disclosures for Banks
By Slade van Rooyen, Candidate Attorney, reviewed by Natalie Scott, Director and Head of Sustainability On 10 May 2024, the Prudential Authority ("PA") issued the "Guidance [...]
The Role of the Corporate Doctor – Saving Distressed Companies in South Africa
South African corporates continue to face significant challenges in surviving economic constraints and turmoil in the market place. Looking at recent fallout in South Africa, we [...]
Evidential crossroads: Navigating hearsay evidence in CCMA proceedings
Introduction There is some debate surrounding the extent to which Commissioners are required to apply the general rule against the admission of hearsay evidence in matters [...]
Navigating the termination of conditional offers of employment: What employers need to know
and Yendiswa Sithole – Candidate Attorney Introduction In today's highly competitive employment market, securing the most suitable candidates is of paramount importance to the success of [...]
