Latest News

Get insight into the most recent legal developments across key industry sectors.

subscribe to updates

Loading...

Competition Amendment Bill signed into law
13 February 2019 Competition

Competition Amendment Bill signed into law

The Competition Amendment Bill was signed into law today, 13 February 2019, by President Cyril Ramaphosa. The Amendment Act introduces a new era of competition law enforcement in South Africa, focusing on economic inclusiveness and participation by Small, Medium and Micro-sized Enterprises (SMMEs) and businesses owned or controlled by historically disadvantaged persons (HDPs).

Beware of lost title deeds
13 February 2019 Real Estate

Beware of lost title deeds

The Department of Rural Development and Land Reform has recently amended Regulation 68 of the Regulations to the Deeds Registries Act, No 47 of 1937. Regulation 68 sets out the procedure to be followed when an original deed has been lost or destroyed and a certified copy thereof needs to be obtained (also referred to as a “VA application”). Regulation 68 also sets out the process to be followed for the cancellation of a lost bond. The amendments are set to become effective on 25 February 2019.

The curious case of consent: Google fined 50 million Euro for breaching the GDPR
13 February 2019 Technology, Media & Telecommunications

The curious case of consent: Google fined 50 million Euro for breaching the GDPR

French Data Regulator, Commission Nationale de l’Informatique et des Libertés (CNIL’), recently fined Google 50 million euro for breaching the provisions of the General Data Protection Regulation (‘GDPR’) which came into effect on 25 May 2018. This follows complaints brought by consumer organisations None of Your Business and La Quadrature Net against the tech giant in 2018.

Cybercrimes Bill – a positive step towards the regulation of cybercrimes in South Africa
13 February 2019 Technology, Media & Telecommunications

Cybercrimes Bill – a positive step towards the regulation of cybercrimes in South Africa

Technology has become an indispensable part of modern life – it has significantly changed the way people communicate and do business. In a world and country where technology is dynamic in nature and is continuously evolving, South Africa has struggled to keep up with these developments and in regulating cyber security and cybercrimes.

“Foregone conclusion” won’t save unfair bidding process
13 February 2019 Dispute Resolution

“Foregone conclusion” won’t save unfair bidding process

The building blocks of the procurement process are entrenched in s217 of the Constitution, which provides that when an organ of state contracts for goods and services, it must do so in accordance with a system which is fair, equitable, transparent, competitive and cost effective.

Shared wisdom for employee share schemes
13 February 2019 Corporate & Commercial

Shared wisdom for employee share schemes

Most businesses would agree that their most important and most valuable assets are the people that comprise the organisation. In order to retain the best people and to align the interests of employees, employers and shareholders, companies may wish to incentivise key individuals to stay for the “long haul” or to reward employees for the fruits of their hard work by implementing a share incentive scheme.

Loading...

The impact of carbon regulation on the mining industry
6 February 2019 Mining & Minerals

The impact of carbon regulation on the mining industry

The Department of Environment (DEA) recently released its Low Emission Development Strategy (LEDS) which builds on over a decade of research to “articulate the path going forward in order to place the country on a low-carbon trajectory, while at the same time ensuring broader socio-economic development.”

Expropriation without compensation: The Expropriation Bill
6 February 2019 Dispute Resolution

Expropriation without compensation: The Expropriation Bill

The notion of expropriation without compensation has elicited much discourse, among both South Africans and foreign investors. Despite many divergent views on the issue, recent parliamentary developments indicate that expropriation without compensation in South Africa may no longer be a distant prospect.

A stronger ‘say on pay’ for South Africa?
6 February 2019 Corporate & Commercial

A stronger ‘say on pay’ for South Africa?

Senior executives’ remuneration remains a sensitive and somewhat controversial topic in South Africa. However, significant organisational ‘pay gaps’ are a global issue, as jurisdictions all over the world have adopted ‘say on pay’ measures to mitigate the agency problem arising between directors and shareholders; and the potential conflict of interest in directors determining the remuneration of executives.

Crypto assets – Regulators propose a robust regime
4 February 2019 Finance & Banking

Crypto assets – Regulators propose a robust regime

For some time now the South African Reserve Bank (SARB) has warned the public against the risks associated with crypto assets and cautioned that there is no specific framework or legislation that regulates or governs crypto assets. The concerns raised some 4 to 5 years ago have now been met with firm policy proposals by the Intergovernmental Fintech Working Group (Regulators), which finally seek to initiate the regulation of crypto assets. Whilst the SARB’s consultation paper released last month (consultation paper), does not (at this stage) intend banning the purchase, sale or holding of crypto assets, or the use of crypto assets for payments, it appears that fairly robust regulations are heading our way.

Writing an arbitration award: Is it an irregularity if a commissioner outsources the responsibility of writing an arbitration award to a quality controller?
4 February 2019 Employment

Writing an arbitration award: Is it an irregularity if a commissioner outsources the responsibility of writing an arbitration award to a quality controller?

Without a doubt, one would expect that arbitration awards are written and finalised by commissioners. Arbitration awards are edited and formatted by quality controllers who are appointed to ensure that they are competent and enforceable. Once the quality control process is done, arbitration awards are signed off by commissioners and remain the work of commissioners. An interesting question arises when quality controllers interfere with the substantive findings by commissioners.

Loading...

Further clarity on Venture Capital Companies
31 January 2018 Tax & Exchange Control

Further clarity on Venture Capital Companies

On 24 July 2017, the South African Revenue Service (SARS) released binding class ruling 057 (BCR 057) which deals with, inter alia, the eligibility of a partner in an en commandite partnership to claim a deduction in respect of venture capital shares acquired by the partnership.

Harmonising law crucial for economic growth in East Africa
31 January 2018 Mergers & Acquisitions

Harmonising law crucial for economic growth in East Africa

Over more than decade, a combination of globalisation, foreign investment and an increase in multinational co-corporations in Africa has resulted in the rise of cross border transactions taking place on the continent and the much needed foreign investment to fuel growth in Africa.

Cross-border mergers and acquisitions – Charting the regulatory landscape
31 January 2018 Mergers & Acquisitions

Cross-border mergers and acquisitions – Charting the regulatory landscape

Africa is poised for massive urbanisation which will contribute to the continent's economic development. Currently, the continent is experiencing a growth of the middle class and the private sector, which in turn have influenced Africa's economic growth and the implementation of structural and economic regulatory reforms. This article deals with the challenges of investing in Africa and what is required in order to establish an effective regulatory landscape that would facilitate unlocking the continents growth potential.

Loading...

Loading...

Weed in the workplace
23 May 2017 Employment

Weed in the workplace

Employment Director Jose Jorge discusses the recent court case in the Western Cape High Court relating to the use of cannabis in the privacy of your home and how it could, if the Bill is passed, affect the workplace.

Research on sexual harassment during times of junk status
5 May 2017 Employment

Research on sexual harassment during times of junk status

Aadil Patel (Head of our Employment practice), Fatima Moosa (National HR Manager) and Mariella Noriega Del Valle (HR Intern) participated in a discussion with Naledi on The Talk Shop on SAFM as to whether the risk of workplace abuses - particularly sexual harassment – is likely to increase during these turbulent economic times.

The provision of free or low-cost transport services
20 April 2017 Tax & Exchange Control

The provision of free or low-cost transport services

Tax and Exchange Control Associate Designate Louis Botha chatted to Ayabonga Cawe on Power FM's Power Hour on Tuesday, 18 April, about whether the provision of free or low-cost transport services by employers to their employees, to convey them between their homes and place of employment, constitutes a taxable fringe benefit, the value attached to such benefit and two recent rulings issued by SARS regarding this issue.

SANRAL is owed more than R11 billion
2 December 2016 Dispute Resolution

SANRAL is owed more than R11 billion

Pieter Conradie, Executive Consultant in our Dispute Resolution practice, gives more information as to why so much money is owed to South African National Roads Agency (SANRAL)