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Is the SPAC back?
12 May 2021 Corporate & Commercial

Is the SPAC back?

The use of SPACs, or special purpose acquisition companies, seems to be back. SPACs are shell companies with no existing business operations, that are established as an investment vehicle for the purpose of raising capital to acquire Viable Assets in pursuit of a listing on the Main Board or the Alternative Exchange (AltX).

The CIPC Compliance Checklist – submission guidelines
12 May 2021 Corporate & Commercial

The CIPC Compliance Checklist – submission guidelines

Since the Companies and Intellectual Property Commission (CIPC) issued Notice 52 of 2019 introducing the Compliance Checklist, we have seen a number of clarifications regarding how companies should go about declaring their compliance with the mandatory provisions of the Companies Act 71 of 2008, as amended (Companies Act).

COUNTDOWN TO POPIA: Registering an Information Officer and Deputy Information Officer
12 May 2021 Technology, Media & Telecommunications

COUNTDOWN TO POPIA: Registering an Information Officer and Deputy Information Officer

The registration of Information Officers (IOs) and Deputy Information Officers (DIOs) is, in terms of section 55(2) of the Protection of Personal Information Act 4 of 2013 (POPIA), mandated before an IO or DIO may assume their duties. However, both the process and deadline for registering IOs and DIOs has been subject to some uncertainty and the Information Regulator has now provided clarity in this regard.

Cell captive insurers: The insurance of first party vs third party risks in cell structures
12 May 2021 Corporate & Commercial

Cell captive insurers: The insurance of first party vs third party risks in cell structures

In our pilot article “When being ‘captured’ is not a dirty word” published in March 2020, we briefly touched on the regulatory landscape relating to the conduct of insurance business by cell captives, particularly the extent of compliance by cell captive insurers with the Insurance Act, 2017 (Insurance Act), which ushered in the codified regulation of cell structures.

Agricultural Land Preservation and Development Bill Alert
12 May 2021 Agriculture, Aquaculture & Fishing

Agricultural Land Preservation and Development Bill Alert

The Preservation and Development of Agricultural Land Bill was first released in draft form in 2015 for public comment. A revised version was subjected to a second public commentary period the following year, and again in 2018 once further changes had been made.

Not a pretty sight: Writ of summons and warrants of arrest
11 May 2021 Dispute Resolution

Not a pretty sight: Writ of summons and warrants of arrest

The arrest of ships is regulated in terms of the provisions of the Admiralty Jurisdiction Regulation Act 105 of 1983 (AJRA), as read with the Admiralty Rules. The arrests are affected through an action in rem (against the ship or its content) or an action in personam (against the owner of the ship). A claimant has an option to elect to pursue their claim against the guilty ship or an associated ship.

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Is the SPAC back?
12 May 2021 Corporate & Commercial

Is the SPAC back?

The use of SPACs, or special purpose acquisition companies, seems to be back. SPACs are shell companies with no existing business operations, that are established as an investment vehicle for the purpose of raising capital to acquire Viable Assets in pursuit of a listing on the Main Board or the Alternative Exchange (AltX).

The CIPC Compliance Checklist – submission guidelines
12 May 2021 Corporate & Commercial

The CIPC Compliance Checklist – submission guidelines

Since the Companies and Intellectual Property Commission (CIPC) issued Notice 52 of 2019 introducing the Compliance Checklist, we have seen a number of clarifications regarding how companies should go about declaring their compliance with the mandatory provisions of the Companies Act 71 of 2008, as amended (Companies Act).

COUNTDOWN TO POPIA: Registering an Information Officer and Deputy Information Officer
12 May 2021 Technology, Media & Telecommunications

COUNTDOWN TO POPIA: Registering an Information Officer and Deputy Information Officer

The registration of Information Officers (IOs) and Deputy Information Officers (DIOs) is, in terms of section 55(2) of the Protection of Personal Information Act 4 of 2013 (POPIA), mandated before an IO or DIO may assume their duties. However, both the process and deadline for registering IOs and DIOs has been subject to some uncertainty and the Information Regulator has now provided clarity in this regard.

Cell captive insurers: The insurance of first party vs third party risks in cell structures
12 May 2021 Corporate & Commercial

Cell captive insurers: The insurance of first party vs third party risks in cell structures

In our pilot article “When being ‘captured’ is not a dirty word” published in March 2020, we briefly touched on the regulatory landscape relating to the conduct of insurance business by cell captives, particularly the extent of compliance by cell captive insurers with the Insurance Act, 2017 (Insurance Act), which ushered in the codified regulation of cell structures.

Agricultural Land Preservation and Development Bill Alert
12 May 2021 Agriculture, Aquaculture & Fishing

Agricultural Land Preservation and Development Bill Alert

The Preservation and Development of Agricultural Land Bill was first released in draft form in 2015 for public comment. A revised version was subjected to a second public commentary period the following year, and again in 2018 once further changes had been made.

Not a pretty sight: Writ of summons and warrants of arrest
11 May 2021 Dispute Resolution

Not a pretty sight: Writ of summons and warrants of arrest

The arrest of ships is regulated in terms of the provisions of the Admiralty Jurisdiction Regulation Act 105 of 1983 (AJRA), as read with the Admiralty Rules. The arrests are affected through an action in rem (against the ship or its content) or an action in personam (against the owner of the ship). A claimant has an option to elect to pursue their claim against the guilty ship or an associated ship.

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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.