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Referring certain disputes to arbitration with organs of state

30th January 2018 Parties often agree to arbitration as an alternative dispute resolution procedure for various reasons, including that it can be quicker and more effective than an ordinary court process. The current trend is that organs of state, including some state-owned entities, are becoming increasingly... 

Draft Fee Regulations – Attempts to address incentivising loopholes

19th December 2017 Section 18A of the South African Medicines Act (the Medicines Act) prohibits the supply of any medicine, medical device or in-vitro diagnostic device, according to a bonus system, rebate system or any other incentive scheme. Although no definitions in respect of these prohibited activities have... 

The legal requirement to think about global warming

22nd August 2017 During March 2017 the High Court of South Africa in Pretoria, handed down a decision that has been hailed in some quarters as a victory in the fight against dirty energy and global warming. The court's decision in isolation isn’t a decisive victory for the proponents of clean energy, but it does... 

The mountains are high and the emperor is far away

24th July 2017 In a time before emails, global social media and instant communication, local officials in the vast Chinese empire, could easily disregard the policies and wishes of the capital on the basis that “the mountains are high and the emperor is far away”. One could scarcely think that such an insular... 

The "next highest court"

20th July 2017 On 10 November 2016, the full bench of the High Court of South Africa, Gauteng Division, Pretoria in the case of the Member of the Executive Council for Co-Operative Governance, Human Settlements and Traditional Affairs & 43 Others v Mogalakwena Local Municipality & Another, High Court of South... 

Mining Charter violates shareholder rights – Hogan Lovells

23rd June 2017 Mining Charter Three’s arbitrary increase of empowerment shareholding to 30% violates the property rights of shareholders, and the new charter’s requirement to pay 1% of yearly turnover is not expected to survive challenges under the Companies Act and the Constitution. Property rights under the... 
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Zuma charges: NPA boss Shaun Abrahams gets feedback from prosecutors

National Director of Public Prosecutions (NDPP) Shaun Abrahams on Friday received recommendations from prosecutors on whether or not former president Jacob Zuma should be prosecuted. "The NDPP has received the memorandum outlining the recommendations of the team. He will peruse it and advise on... 

Northam Platinum to create 6 500 new jobs in growth thrust

Platinum group metals (PGM) mining company Northam, which is in a strong organic and acquisitive growth phase, will be generating 6 500 new mining jobs in the next four to five years, which dovetails with President Cyril Ramaphosa's 'sunrise' aspirations expressed in his well-received State of... 
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