Latest Legal Briefs
Friends And Family May Turn To Foes – Be Careful Who You Appoint As An Executor
There are only two things in life that are inevitable, death and taxes. Taxes are debatable however death will come knocking on each and every one of our doors at some point in our life. This article is about making wise and responsible decisions prior to your death to ensure that you appoint an...
Competition Commission intends to launch an inquiry into the poultry value chain
On 6 February 2024, the Competition Commission of South Africa (Commission) published Draft Terms of Reference (TOR) for a new market inquiry, into the South African poultry value chain (available here). The ToR for this Poultry Market Inquiry (PMI) outlines features of the poultry value chain...
CDH bolsters its accomplished Dispute Resolution practice with key appointments
Cliffe Dekker Hofmeyr (CDH), a leading pan-African corporate and commercial law firm, is pleased to announce the appointment of two Directors Khaya Mantengu, who returns to CDH, and Sentebale Makara who both joined our esteemed Dispute Resolution practice in February 2024. According to Rishaban...
Key considerations and compliance challenges as South Africa nears implementation of groundbreaking "Failure to Prevent Corrupt Activities Offence"
Arguably one of the most far-reaching recommendations of the State Capture Commission, the introduction of a failure to prevent corruption offence, is on the cusp of being introduced in South Africa. The Judicial Matters Amendment Bill (the “Bill”) which is due to be considered by the National...
Residential Tenant, Landlord Rights Under Lockdown
In the economic turmoil caused by Covid-19 lockdown, many people have not been able to pay their residential rent. Under government lockdown regulations – which try to ameliorate this problem – where do tenants and landlords stand legally? Two main scenarios emerge in the regulations passed by...
Eric Bonnet-Maes appointed Chief Executive Officer of LexisNexis (RELX Group) for Continental Europe, Middle East and Africa
Eric Bonnet-Maes joined LexisNexis France in 2007 as Sales and Operational Marketing Director before becoming Chief Operating Officer from 2014. Since 2018, he led LexisNexis' Asia region, steering the development of Greater China, Japan, South Korea, India and Southeast Asia from Hong Kong. "I...
Foreign employers can’t escape South African labour law
A branch of a foreign company based in South Africa is not considered to be on foreign soil and is therefore subject to South African law. Our laws strongly protect South African employees. Furthermore, our courts do not easily give up jurisdiction to foreign courts. For example, in the case of...
Norton Rose Fulbright advises on US$200M financing for Kamoa mine expansion
Global law firm, Norton Rose Fulbright has advised Kamoa Copper S.A. on the US$200M financing in relation to phase three of the expansion of its operations at the world-class Kamoa-Kakula Copper Complex (Kamoa) in the Democratic Republic of Congo (DRC). The financing for phase three of Kamoa was...
Safeguarding your South African Company: Potential Impact of CIPC Information Breach
Reparative measures may have been taken to remedy the Companies and Intellectual Property Commission hack which reportedly took place on 29 February 2024 however this information breach may have long-lasting and detrimental effects! The process of starting and running a company in our dynamic...
Unveiling South Africa's future: Follow SoNA 2024 on Sabinet Discover
As the 8th of February approaches, South Africa is gearing up for a pivotal moment in its political calendar – the State of the Nation Address (SoNA) 2024. President Cyril Ramaphosa is set to address the nation, shedding light on the country's achievements, challenges, and most importantly, the...
Application for Leave to Appeal Default Judgment after Failed Rescission Applications
Can a default judgment that has been subject to rescission applications be appealed by a party? In the matter of Road Accident Fund v Gonsalves (14756/2017) [2024] ZAGPJHC 130 (7 February 2024), Judgment by default was granted against the Road Accident Fund (“the RAF”) in May 2022. Almost a year...
SA lagging as EU design laws are modernised for a digital era
The European Union (EU) is currently undertaking a review of its design laws, with the aim of making design law protection more relevant as the world transitions into a digital area. The proposed revision to the legislation introduces several key changes to expand the protection afforded by...
The MTBPS needs to focus on easing the cost of doing business
The Minister of Finance, Enoch Godongwana, has committed himself to the task of pursuing his predecessors’ structural reform agenda and reducing red tape, the progress of which will be keenly noted in the Medium Term Budget Policy (MTBPS) on the 11th of November. Angelika Goliger, EY Africa’s...
The Digital Tightrope Walk for Business and Human Rights
AI offers unprecedented opportunities for growth and innovation but also presents significant challenges and risks, especially concerning human rights and corporate governance. Imagine a future where your access to justice depends on an algorithm, your freedom of expression is filtered through...
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 Ram Consulting (“FR Ram”). Of importance is what the Enforcement Notice...