Our team acts for a leading SA based enterprise and supplier development advisory and project management firm
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- Our team acts for a leading SA based enterprise and supplier development advisory and project management firm
Our team acts for a leading SA based enterprise and supplier development advisory and project management firm
Our team acts for a leading South Africa-based enterprise and supplier development advisory and project management firm against a US-based company concerning the responsibility of the US Company for massive remediation activities at its cost in respect of a property sold to our client.
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27 Jun 2023
by Corné Lewis and Tiffany Alves
Dear friends with money: Are you a registered credit provider?
Have you ever lent money to a friend or family member who did not hold up their end of the deal to pay you back? Or perhaps you have sent them a letter of demand, and even threatened to sue your friend for the money they owe you? If you have concluded a contract, and provided that all elements of a valid contract are present, you would ordinarily be able to bring an action on breach of contract. However, the High Court, in the case of Blacher v Josephson (A15/22) ZAWCHC 27 (14 February 2023), has shed light on this grey area of law.
Dispute Resolution
3 min read
2 Aug 2023
by Reece May, Susan Meyer and Simone Dickson
Competition in the digital age: Can breaching data privacy laws also infringe competition law?
The old adage that knowledge is power has never been more applicable than in the digital age. The more firms know about their market, economic factors and customers, the more likely they are to succeed. This drive for data accumulation raises questions of whether such practices can, in addition to potentially violating data protection laws, be a transgression under competition law?
Technology, Media & Telecommunications
6 min read
6 Jul 2023
by Mashudu Mphafudi and Michael Bailey
The application of the in duplum rule to post-judgment interest: The SCA clarifies the legal position
The in duplum rule will not come to your rescue if you fail to make post-judgment interest after arrear interest ceases to accrue when the unpaid arrear interest equals the principal debt while litigation is still pending. The Supreme Court of Appeal recently confirmed this in MEC: Police, Roads, and Transport Free State Provincial Government v Bovicon Consulting Engineers CC and Another (278/2022) ZASCA 99 (14 June 2023).
Finance & Banking Law
4 min read
13 Feb 2024
by Susan Meyer and Reece May
Competition and pricing algorithms: Can your machines violate competition law without you knowing?
In his acceptance speech for the Nobel Prize for peace in 1921, Christian Lange said that “ technology is a useful servant but a dangerous master ”. More than a 100 years later this statement is more relevant than ever. In a world where more commercial decisions are left in the ‘hands’ of automated decision-makers, this raises the question of whether these decisions can result in their human masters unknowingly contravening competitionlaw.
Competition Law
4 min read
27 Feb 2024
by Lucinde Rhoodie and Muwanwa Ramanyimi
Collusion between debtor and creditor: Defence for a surety?
Although a person standing as a surety for a principal debtor might appreciate and understand what it means to be a surety, it is without doubt that many hope that the suretyship will never be implemented. Therefore, when the day comes when the suretyship is called upon, it comes as no surprise that the surety will try any defence, no matter how remote, to free themselves from liability.
Dispute Resolution
4 min read
18 Jul 2023
by Sammy Ndolo and Billy Oloo
Beyond the shield of indefeasibility of title: The effect of illegal and irregular allocation of public land
Indefeasibility of title is the cornerstone of land registration. Despite its importance, the principle is not absolute – especially where due and legal process was not followed in the issuance of a title. This was affirmed by the Supreme Court of Kenya in Dina Management Limited v County Government of Mombasa and Five Others (Supreme Court Petition No. 8 (E010) of 2021) by holding that the indefeasibility of a title is not a sufficient ground to sanction irregularities and illegalities in the allocation of public land.
Real Estate Law
2 min read