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...
The burden of dealing with bullying in the workplace
It has been over two years since the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (Code) took effect. The Code sought to shine the light on various forms of harassment in the workplace and create a positive duty on employers to prevent and eliminate it if...
Silence is violence: the role of men in advocating for women’s rights and curbing the rise of gender-based discrimination
Building a nation in which the perspectives and opinions of men and women are regarded equally, and where their rights are protected equally at all levels of society, is critical to our collective wellbeing. On matters relating to the need for gender parity however, the voices of men are...
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...
Investigation is an art and a science
In the case of G4S Secure Solutions vs Mlotshwa (Lex Media. 14 August 2024. Labour Court case number D267/2021) the employee was fired for causing an accident due to reckless driving. Despite the fact that the employee admitted to driving during rainfall with one hand on the wheel while feeling...
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...
High Court Pronounces Landmark Decision on Instagram Video
On 30 July 2024, the High Court of Tanzania (Dar es Salaam Sub-Registry) delivered a judgment in Civil Appeal No. 978 of 2024. In the said judgment, the High Court held liable a party (the Appellant) to pay general damages for publishing a video clip of the Respondent on social media platform...
Groundbreaking digital archive revives Africa’s lost chapters
Africa Commons is a digital platform that aims to enable Africa to control, digitise, and disseminate its archival riches—those within the continent and items residing internationally. Integrated on a single platform, Africa Commons currently comprises four modules: South African Magazines,...
Partnership Agreements
A partnership is concluded through a contract between two or more individuals. There is no limit on the maximum number of individuals entering an agreement. A partnership is not a separate legal entity except for certain purposes. Further, if one of the partners dies, the partnership dissolves...
Shaping Tomorrow – Women at the Forefront of Science and IP
As we celebrate World Intellectual Property Day, our focus is on the remarkable contributions of innovative South African individuals, specifically females, who are leaders in their respective fields. This year's theme, "IP and the SDGs: Building our common future with innovation and creativity,"...
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...
High Court confirms the status of payment obligations under the South African sugar industry legislation during business rescue
A landmark high court ruling found that business rescue practitioners can't "have their cake and eat it too". The case involving sugar giant Tongaat Hulett, balances the principles of corporate rescue with the broader societal imperatives of industry regulation. The crux of the matter was whether...
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 directors of distressed companies are considering various options in an effort to realign their business to ongoing economic...