Legal updates and opinions
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No Interest, No Problem: The SCA confirms that the NCA applies to “credit agreements” only
Nombulelo Bashe - Candidate Attorney In the recent decision of Nel & Others v Cilliers, the SCA had to determine whether a sale of shares agreement [...]
Public Procurement Agreements Should Not Have Confidentiality Clauses: A Case of the Health Justice v the Minister of Health and Another (10009/22) [2023] ZAGPPH 689
The Promotion of Access to Information Act 2 of 2000 ("PAIA") is an empowering piece of legislation and allows that secretes cannot be hidden in the [...]
The cyber abys of no regulation – Who carries the responsibility to protect Democratic Discourse in Cyberspace?
The internet, once hailed as a beacon of free expression and connectivity, has become a double-edged sword, where voices can be amplified or silenced by algorithms [...]
FAQ – Opportunities For Investors Arising from the South African Business Rescue Process
INTRODUCTION The South African business rescue process has created the opportunity for investors (local and foreign) to position themselves in order to take advantage of distressed [...]
Whatever it is, it’s never what you thought it was…. Intersection between privacy and AI
Lwazi-Lwandile Simelane - Candidate Attorney The permeation of artificial intelligence ("AI") into our society as a whole and into our personal lives is undeniable. The use [...]
Werksmans POPIA e-learning Course
Werksmans POPIA e-learning Course The Werksmans Protection of Personal Information Act (“POPIA”) e-learning course will provide your business and staff with a basic understanding on: • [...]
POPIA: A Guide to the Protection of Personal Information Act of South Africa
An Introduction to POPIA POPIA or POPI was promulgated on 26 November 2013. The Protection of Personal Information Act (POPIA) is intended to promote the right [...]
Large fines show FSCA is focused on enforcement to leave the grey list – a red flag for non-compliant financial services providers as more fines likely
Gone are the days of box-ticking. The FSCA has imposed penalties on financial services providers for non-compliance with FICA The Financial Sector Conduct Authority (FSCA) has [...]
Shifting gears and driving competition: Proposed changes to the Guidelines for Competition in the South African Automotive Aftermarkets
The Competition Commission is proposing changes to its Guidelines for Competition in the South African Automotive Aftermarkets ("Guidelines"), and interested parties have until 13 May 2024 to comment! The [...]
The AI National Policy: South Africa’s initial step to establish an AI policy and regulatory framework
At the AI Government Summit on 5 April 2024, the Department of Communications and Digital Technologies ("DCDT") launched South Africa's Artificial Intelligence ("AI") Planning Discussion Document [...]
Striking a balance: The impact of strike violence on protected strikes
Danelle Plaatjies - Candidate Attorney and Hanan Jeppie - Candidate Attorney Issue Whether a protected strike that was characterised by serious violence and intimidation could [...]
Employee entitlements in the event of employer death
and Danelle Plaatjies - Candidate Attorney When the employment relationship ends due to the death of the employer, it terminates by operation of law, absolving both [...]
Caught on the sidelines: The cost of employee sick leave abuse
Danelle Plaatjies - Candidate Attorney and Yendiswa Sithole - Candidate Attorney What is an employer to do when an employee is booked off on sick leave, [...]
Court orders un-redacted documents be provided to SARS
Section 46 of the Tax Administration Act, 2011 (TAA) allows SARS to request 'relevant material' in relation to a taxpayer for the purposes of administering a [...]
The Competition Commission’s Revised Final Public Interest Guidelines: A Critical Framework for Merger Analysis
and Chiara Ferri - Candidate Attorney Introduction The South African Competition Commission ("Commission") has published its final revised Public Interest Guidelines ("the Guidelines") relating to merger [...]
Constitutional Court considers evictions in the inner-city of Cape Town
On 27 February 2024, the Constitutional Court heard oral arguments in the matter of Charnell Commando and Others v City of Cape Town and Another (Abahlali [...]
Newsflash: The Competition Authority of Kenya clarifies the position on Administrative Remedies and Settlement.
and Lwazi-Lwandile Simelane - Candidate Attorney On 21 March 2024, the Competition Authority of Kenya ("the CAK") announced that it had published the Consolidated Administrative Remedies [...]
Large fines show FSCA is focused on enforcement to leave the grey list – a red flag for non-compliant financial services providers as more fines likely
Gone are the days of box-ticking. The FSCA has imposed penalties on financial services providers for non-compliance with FICA The Financial Sector Conduct Authority (FSCA) has [...]
New Earnings Threshold
and Danelle Plaatjies - Candidate Attorney On 5 March 2024 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, published a Government Gazette providing for the [...]
Regulator or Legislature?
The Information Regulator ("Regulator") issued its first Enforcement Notice regarding non-compliance with the direct marketing provisions of the Protection of Personal Information Act 4 of 2013 ("POPIA") against FR [...]
Considerations of a surety relying on the remedies provided in the Insolvency Act
CASE NOTE Introduction On 9 February 2024, the Supreme Court of Appeal in the case of Cohen v Absa Bank Limited [1] delivered a judgment in [...]
Online brand protection practices for brand owners
Online shopping is prevalent due to the ease and convenience with which consumers can purchase goods or services. Consumer decisions to purchase branded goods or services [...]
Zambia introduces welcomed revisions in the Trade Marks Bill 2023
Zambia's Trade Mark Legislation is currently the Trade Marks Act (Chapter 401) 1958 ("TM Act") and in 2023 the Trade Marks Bill 2023 ("TM Bill 2023") [...]
South Africa’s Greylisting: Regulatory authorities make progress on the Financial Action Task Force recommendations
Introduction It has been over a year since the Financial Action Task Force ("FATF") announced that South Africa had been added to the FATF's greylist [...]
Is your business struggling? Liquidation or Business Rescue are not the only options: The Section 155 Compromise
and researched by Thabani Dlamini - Candidate Attorney Introduction When your business is struggling and creditors are knocking down the door, the primary focus has traditionally [...]
