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Foreign direct investment into South Africa: Some exchange control considerations
13 May 2021 Tax & Exchange Control

Foreign direct investment into South Africa: Some exchange control considerations

Under the regime of President Cyril Ramaphosa, one of South Africa’s stated goals has been to increase foreign direct investment (FDI) into the country. According to a recent report by the United Nations Conference on Trade and Development, FDI into South Africa reduced by about 42% in 2020, in line with international trends. At the same time, however, South Africa was the top-ranked African country in the inaugural 2021/22 fDi African Tech Ecosystems of the Future ranking and of particular interest, is that South Africa received the largest number of FDI projects in the software and IT services sector of any African country.

Zimbabwe publishes draft guidelines on horizontal agreements
13 May 2021 Competition Law

Zimbabwe publishes draft guidelines on horizontal agreements

The Competition and Tariff Commission (CTC) has recently published Guidelines on Horizontal Agreements 2021 (Guidelines) which provide general guidance on the implementation of the Zimbabwean Competition Act, Chapter 14:28 (Zimbabwean Competition Act) as it relates to horizontal agreements. Although not yet in force, and pending the approval of the Board of Commissioners, broadly, the Guidelines seek to clarify the CTC’s approach in assessing horizontal agreements which by object or effect restrict competition. The CTC noted the “need for transparency and predictability” as the basis for publishing the Guidelines.

Competition and COVID-19 – steps to economic recovery in Kenya
13 May 2021 Competition Law

Competition and COVID-19 – steps to economic recovery in Kenya

Consistent with global trends, the Competition Authority of Kenya (CAK) has recognised that the post-pandemic economic recovery project may require the short-term relaxation of restrictions imposed by competition law. This comes off the back of certain countries adopting similar relaxations aimed at stimulating economic growth during the course of the pandemic. The intention to expand such deregulation into the post-pandemic economy represents an interesting development in Kenyan competition law.

Merger fees now payable in Angola
13 May 2021 Competition Law

Merger fees now payable in Angola

As of February 2021, certain fees are now due for services rendered by the Autoridade Reguladora da Concorrência (the ARC), as approved by Ministry of Finance’s Executive Decree No. 32/21 (the Decree). Notably, an “assessment of concentration” fee is payable as part of the services. Thereafter, filing fees are payable and calculated in relation to turnover values, based on the thresholds for mandatory merger notification.

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Foreign direct investment into South Africa: Some exchange control considerations
13 May 2021 Tax & Exchange Control

Foreign direct investment into South Africa: Some exchange control considerations

Under the regime of President Cyril Ramaphosa, one of South Africa’s stated goals has been to increase foreign direct investment (FDI) into the country. According to a recent report by the United Nations Conference on Trade and Development, FDI into South Africa reduced by about 42% in 2020, in line with international trends. At the same time, however, South Africa was the top-ranked African country in the inaugural 2021/22 fDi African Tech Ecosystems of the Future ranking and of particular interest, is that South Africa received the largest number of FDI projects in the software and IT services sector of any African country.

Zimbabwe publishes draft guidelines on horizontal agreements
13 May 2021 Competition Law

Zimbabwe publishes draft guidelines on horizontal agreements

The Competition and Tariff Commission (CTC) has recently published Guidelines on Horizontal Agreements 2021 (Guidelines) which provide general guidance on the implementation of the Zimbabwean Competition Act, Chapter 14:28 (Zimbabwean Competition Act) as it relates to horizontal agreements. Although not yet in force, and pending the approval of the Board of Commissioners, broadly, the Guidelines seek to clarify the CTC’s approach in assessing horizontal agreements which by object or effect restrict competition. The CTC noted the “need for transparency and predictability” as the basis for publishing the Guidelines.

Competition and COVID-19 – steps to economic recovery in Kenya
13 May 2021 Competition Law

Competition and COVID-19 – steps to economic recovery in Kenya

Consistent with global trends, the Competition Authority of Kenya (CAK) has recognised that the post-pandemic economic recovery project may require the short-term relaxation of restrictions imposed by competition law. This comes off the back of certain countries adopting similar relaxations aimed at stimulating economic growth during the course of the pandemic. The intention to expand such deregulation into the post-pandemic economy represents an interesting development in Kenyan competition law.

Merger fees now payable in Angola
13 May 2021 Competition Law

Merger fees now payable in Angola

As of February 2021, certain fees are now due for services rendered by the Autoridade Reguladora da Concorrência (the ARC), as approved by Ministry of Finance’s Executive Decree No. 32/21 (the Decree). Notably, an “assessment of concentration” fee is payable as part of the services. Thereafter, filing fees are payable and calculated in relation to turnover values, based on the thresholds for mandatory merger notification.

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Treasury to Implement an Unemployment Insurance Fund
23 March 2021 Employment Law

Treasury to Implement an Unemployment Insurance Fund

Widely reported last week is a plan by the Treasury to set up an Unemployment Insurance Fund (UIF), in order to assist the unemployed as a result of the COVID-19 pandemic. As reported, the plan seems rather simple; a 1% tax will be levied on employees and employers alike in order to fund the UIF and offer a monthly stipend to the unemployed, or those unable to work due to illness.

Labour and Employment Guide 2020
23 March 2021 Employment Law

Labour and Employment Guide 2020

Partner Desmond Odhiambo and Associate Peter Mutema recently contributed to the 2020 edition of Getting The Deal Through - Labour and Employment.

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Exclusion of adopted children as beneficiaries
29 April 2021 Trusts & Estates

Exclusion of adopted children as beneficiaries

Johann Jacobs, Consultant in our Trusts & Estates practice joined eNCA to discuss the landmark Constitutional Court ruling, that ruled against the exclusion of adopted children as beneficiaries. He unpacks the implications of the ruling.

COVID-19 Vaccine
4 February 2021 Employment Law

COVID-19 Vaccine

South Africa's first batch of vaccines were delivered this week. While the distribution is being seen as key to the ending the pandemic, on Monday night President Cyril Ramaphosa confirmed that government had no intention making COVID-19 vaccination mandatory. Employment Law Director Phetheni Nkuna joined Newzroom Afrika's News @ Prime to unpack the intricacies around the legislative landscape and the question of vaccinations in the workplace.

Vaccinations policy in the workplace
18 January 2021 Employment Law

Vaccinations policy in the workplace

Hugo Pienaar, Director in the Employment Law practice featured on an eNCA interview discussing the vaccinations policy in the workplace and the ten legal principles that should be considered when deciding to create or implement such a policy.

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The rise in Tattleware
10 May 2021 Employment Law

The rise in Tattleware

Employment Law Director Phetheni Nkuna joined Breakfast with Refilwe Moloto on Cape Talk, to discuss the rise in Tattleware and whether or not your employee has the right to watch your every move.

Njeri Wagacha speaks to Dr Willard Mwemba - Part 2
6 May 2021 Competition Law

Njeri Wagacha speaks to Dr Willard Mwemba - Part 2

On this month’s podcast Njeri Wagacha speaks to Dr. Willard Mwemba Acting Director and Chief Executive Officer of the COMESA Competition Commission (CCC) on his passion for competition law, mergers, criticism and the birth of a supra-national competition authority. In Part 2 of the podcast, Dr. Willard addresses specific questions of interest to any competition law practitioners!

Njeri Wagacha speaks to Dr. Willard Mwemba
6 May 2021 Competition Law

Njeri Wagacha speaks to Dr. Willard Mwemba

On this month’s podcast Njeri Wagacha speaks to Dr. Willard Mwemba Acting Director and Chief Executive Officer of the COMESA Competition Commission (CCC) on his passion for competition law, mergers, criticism and the birth of a supra-national competition authority.

Domestic workers being covered by CODIA
22 April 2021 Employment Law

Domestic workers being covered by CODIA

Thabang Rapuleng, Director in our Employment Law practice joined Kaya FM to discuss domestic workers being covered by CODIA ,which is the Compensation for Injuries and Occupational Diseases Act. He explains the process, and what employers need to do to accurately register their domestic workers.