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Legal News

Fasken appoints South African office chairperson

By: Tasneem Bulbulia     30th March 2021 Business law firm Fasken has appointed Lara Bezuidenhoudt as chairperson of the firm in South Africa, a role that provides overall leadership to the partners in the South African region, including the fulfilling of governance responsibilities. She is currently the leader of the finance and... 

Labour Court dismisses SAAPA's application for leave to appeal lawfulness of pilots lockout

By: Donna Slater     4th March 2021 Labour Court judge Andre van Niekerk on March 3 dismissed the South African Airways Pilot’s Association’s (SAAPA’s) application for leave to appeal the Labour Court’s December 2020 judgment, with a costs order in favour of South African Airways (SAA) and the business rescue practitioners (BRPs).... 

Organisation bemoans Treasury’s decision to cancel S12J investments

By: Tasneem Bulbulia     25th February 2021 The 12J Association of South Africa has expressed disappointment at the decision by the National Treasury not to extend Section 12 J of the Income Tax Act beyond June 30. Association chairperson Dino Zuccollo points out that this was announced in the National Treasury's 2021 Budget Review, on... 

Alcohol, tobacco industries bemoan excise tax increase

By: Tasneem Bulbulia     25th February 2021 The South African alcohol industry, including the National Liquor Traders Council (NLTC), South African Liquor Brandowners Association (Salba), Vinpro, the Consumer Goods Council of South Africa (CGCSA), retailers and manufacturers, have noted their concern about Finance Minister Tito Mboweni’s... 

DMRE says emergency-power deviation notice will not trigger legal challenge 

18th February 2021 On February 12, Trade, Industry and Competition Minister Ebrahim Patel published a Gazette notice granting the Department of Mineral Resources and Energy (DMRE) permission to deviate from the relevant Broad-Based Black Economic Empowerment code of good practice for the Risk Mitigation Independent... 

DMRE says emergency-power deviation notice will not trigger legal challenge

M&A activity drops in 2020 with late recovery

By: Donna Slater     3rd February 2021 Law firm Baker McKenzie reports that deal-making activity in sub-Saharan Africa dropped in the second half of 2020, when compared to the second half of 2019.  Deal-making for the full year were also down in terms of both volume and value compared with 2019.  

Vaccine roll-out requires nuanced approach from employers

By: Tasneem Bulbulia     28th January 2021 With South Africa set to receive its first Covid-19 vaccine doses next week, the issue around companies' vaccine policies and employers’ role in vaccine rollout is very complex. Many different viewpoints and legal considerations will need to be taken into account, speakers participating in a... 

Lockdown has heightened risk of counterfeit components

By: Cameron Mackay     22nd January 2021 The national lockdown last year has significantly impacted on the circulation of original, as well as counterfeit, automotive components, says law firm Spoor & Fisher partner Paul Ramara. This can largely be attributed to the restrictions in place during the various levels of lockdown,... 

Lockdown has heightened risk of counterfeit components
SELLING LIKE HOT BRAKES Counterfeit automotive parts poses a number of risks, including safety risks as well as having a negative impact on the economy

BMO, Linklaters among the world's top mining M&A advisers

By: Marleny Arnoldi     14th January 2021 BMO Capital Markets has been named the top mergers and acquisitions (M&A) financial adviser in the global mining sector for 2020 by value, while Linklaters and Black Cassels & Graydon were the top M&A legal advisers by value and volume, respectively. BMO advised on 13 deals worth $4.8-billion. 

M&A challenges remain, but so do lessons – law firm

By: Marleny Arnoldi     12th January 2021 Global law firm Herbert Smith Freehills (HSF) says many of last year’s uncertainties that impacted merger and acquisition (M&A) activity will remain this year. HSF global M&A head Gavin Davies says the significant regional and global questions from 2020 have not gone away, although some have... 

M&A challenges remain, but so do lessons – law firm

FSCA publishes crypto asset draft declaration

By: Donna Slater     7th January 2021 The Financial Sector Conduct Authority (FSCA) has published for comment a draft declaration on crypto assets as a financial product in terms of the Financial Advisory and Intermediary Services Act of 2002 (FAIS). The FSCA also published a statement in support of the draft declaration, with the... 

Competition Commission publishes final automotive aftermarket guidelines

By: Donna Slater     11th December 2020 The Competition Commission has issued its final Guidelines for Competition in the South African Automotive Aftermarket, which are now available on the commission’s website and which will take effect from July 1, 2021. The guidelines were prepared in terms of Section 77 of the Competition Act (89... 

Payment of compensation to Ford Kuga owners finalised

By: Tasneem Bulbulia     26th November 2020 The National Consumer Commission (NCC) says the payment of compensation under a  settlement agreement entered into between the NCC and Ford Motor Company South Africa, which was made an order by the National Consumer Tribunal (NCT) in March this year, has been finalised. Under the terms of the... 

Economy to affect home builders more

By: Mamaili Mamaila     13th November 2020 The effects of Covid-19 and the sluggish economy remain the biggest challenge for the civil engineering and construction sectors. 

Economy to affect  home builders more
SONGEZO BOOI After almost 12 years, the home-building industry is still struggling to reach its former peak

Tungsten launches Quantura alternative litigation funding model in South Africa

By: Tasneem Bulbulia     5th November 2020 Global engineering and construction claims consultancy Tungsten Capital has launched its Quantura subsidiary in South Africa, through which it will provide an alternative method of funding and developing commercially viable construction and engineering claims. Allardyce & Partners Attorneys... 

Private-sector investment key amid challenges

By: Mamaili Mamaila     30th October 2020 From an economic perspective, the Covid-19 pandemic has not affected countries in Africa, apart from South Africa, as much as countries on other continents.  

Private-sector investment key amid challenges
GET IT TOGETHER While there is so much potential in Africa, political certainty is required in conjunction with more streamlined procurement processes

Mazars reengineers itself to meet changing market demands

By: Donna Slater     27th October 2020 Tax, audit and advisory firm Mazars has unveiled its new global brand identity in more than 90 countries and territories including South Africa, marking a key milestone in the firm’s evolution. Mazars has been operating in South Africa since 2007 serving large listed, multinational and privately... 

Proactive national water programme on the cards 

By: Halima Frost     16th October 2020 The Development Bank of Southern Africa (DBSA), in partnership with various government departments, is addressing the country’s water woes with the development of a proactive national water programme that aims to offer tangible solutions to municipalities, the relevant government departments and... 

Proactive national water programme on the cards
DBSA disruption specialist Johann Lübbe and infrastructure finance specialist Konstant Bruinette discuss the progress being made on a new national water programme that the DBSA is developing.

SACU Ministers commit to industrialisation

By: Tasneem Bulbulia     22nd September 2020 Finance Minister Tito Mboweni chaired the fourth joint Finance and Trade Ministers’ virtual Ministerial Retreat meeting on September 21. The participating Ministers agreed on refined development priorities for the Southern African Customs Union (SACU) within the changing global and regional... 

Industry’s wings seemingly clipped

By: Mamaili Mamaila     11th September 2020 South Africa’s economy is hanging by a thread and this has presented massive challenges for the local aerospace industry, says aircraft design organisation Aerodesigns Africa director Murray Spoelstra. 

Industry’s wings seemingly clipped
GLOBAL SIGHTS SET Similar to the local automotive industry that is manufacturing for European countries, so must there be opportunities to manufacture aircraft under licence for foreign companies

Competition Tribunal dismisses case against I&J

By: Tasneem Bulbulia     7th September 2020 The Competition Tribunal has dismissed a case of alleged cartel conduct against processed frozen foods company Irvin & Johnson (I&J) owing to a lack of evidence. The Competition Commission had accused I&J and beef processing company Karan Beef of allegedly dividing markets in the supply of... 

M&As, JV activity continues, despite Covid-19 restrictions

By: Simone Liedtke     2nd September 2020 Mergers and acquisitions (M&As) and joint ventures (JVs) are expected to continue over the next 12 months, but some changes to usual due diligence process might be needed. In a Mines and Money-hosted webinar and panel discussion on September 2, Harvey Law Group foreign registered lawyer Amelia... 

Civil society organisations urge leaders to tackle corruption

By: Donna Slater     1st September 2020 In an open letter addressed to President Cyril Ramaphosa and Finance Minister Tito Mboweni, Corruption Watch executive director David Lewis and Public Affairs Research Institute executive director Dr Mbongiseni Buthelezi urge the leaders to tackle corruption by taking advantage of the current... 

ICA notes slow progress in Business Interruption claims process ahead of court case

By: Tasneem Bulbulia     26th August 2020 There has been slow progress on the Covid-19 Business Interruption claims process ahead of the September 1 court case, specialist loss adjustment firm Insurance Claims Africa (ICA) noted during a webinar on August 26. The company is representing more than 700 clients in the tourism and... 

Noncarbon future epitomises ideal energy mix

By: Mamaili Mamaila     21st August 2020 In about 2060, the ideal energy mix would be one with only non-carbon sources, such as wind, solar, pumped hydro and hydrogen, says global energy advisory UL. 

Noncarbon future epitomises ideal  energy mix
JAMES TRUDEAU It is “very critical” that Eskom increases its energy storage capacities to support a more diversified energy portfolio

Parliament hears recommendations on amending copyright, performers protection Bills

By: Donna Slater     19th August 2020 In seeking to amend the Copyright Act of 1978 and the Performers’ Protection Act of 1967, Parliament, on August 18, began the process of considering certain Constitutional concerns relating to the Copyright and Performers’ Protection Amendment Bills previously passed by the National Assembly and... 

Eskom, SIU issue summonses to recover State capture funds  

By: Donna Slater     3rd August 2020 State-owned power utility Eskom and the Special Investigating Unit (SIU) on August 3 issued summonses in the North Gauteng High Court to recover funds from former Eskom executives, board members and members of the Gupta family and their associates, as well as others. "The funds were lost in a... 

Section 12J amendments muddying investment waters, says law firm

By: Donna Slater     17th July 2020 Ongoing amendments to the Section 12J Income Tax Act have left investors at risk as to whether the companies in which they have either invested, or hope to invest, continue to qualify, law firm CMS South Africa partner and tax co-head Andrew Wellsted tells Engineering News. Section 12J was... 

Section 12J amendments muddying investment waters, says law firm
CMS South Africa partner and tax co-head Andrew Wellsted

Court ruling goes against insurers on Covid-19 claims, but they remain stubborn

By: Rebecca Campbell     17th July 2020 The Western Cape High Court recently ordered insurance company Guardrisk to pay the business interruption claims of Cape restaurant Cafe Chameleon. The ruling was welcomed by specialist public loss adjustment firm Insurance Claims Africa (ICA). “This is a significant win for the tourism and... 

Tribunal fines Dis-Chem R1.2m for excessive pricing of face masks

By: Tasneem Bulbulia     7th July 2020 The Competition Tribunal has ordered pharmacy group Dis-Chem Pharmacies to pay an administrative penalty of R1.2-million for allegedly charging excessive prices for surgical face masks during the Covid-19 pandemic. The tribunal says Dis-Chem contravened Section 8(1)(a) of the Competition Act in... 

CoJ council has until Friday to approve budget 

By: Sane Dhlamini     6th July 2020 Gauteng Cooperative Governance MEC Lebogang Maile has urged  the City of Johannesburg Municipal Council to put the interest of the residents of the City first following its failure to approve an annual budget for the start of the municipal financial year 2020/21. The Gauteng Provincial Executive... 

CoJ council has until Friday to approve budget

Tribunal confirms two more consent agreements for excessive pricing

By: Tasneem Bulbulia     3rd July 2020 The Competition Tribunal has confirmed two further consent agreements relating to Covid-19 excessive pricing complaints. This brings the total number of consent agreements, confirmed as orders of the tribunal since April to 20. 

Insurers’ rejection of Covid-19 claims severely impacting tourism, hospitality sectors 

By: Tasneem Bulbulia     1st July 2020 The South African tourism and hospitality sector has been “decimated” by the Covid-19 pandemic and subsequent lockdown, and jobs and businesses are at risk owing to insurance companies continuing to reject claims related to the Covid-19 pandemic. This was indicated by specialist public loss... 

Insurers’ rejection of Covid-19 claims severely impacting tourism, hospitality sectors
Insurance Claims Africa CEO Ryan Woolley provides an overview and update of the process of Insurance Claims Africa’s acting on behalf of almost 500 claimants in the tourism and hospitality sector, against a number of large insurers who are rejecting business interruption claims related to the Covid-19 pandemic

Time has come for all stakeholders to uplift South Africa’s youth, says PwC

By: Donna Slater     10th June 2020 South Africa’s lockdown restrictions are easing in the wake of the Covid-19 pandemic, but its impact on the economy will be long-lasting and challenging, and it remains an important time for business, government, educators, nongovernment organisations and other stakeholders to uplift the... 

PRASA dismisses four senior officials over procurement irregularities

By: Donna Slater     8th June 2020 Following allegations of impropriety in the awarding of security-related tenders, and a disciplinary inquiry, the Passenger Rail Agency of South Africa (PRASA) has dismissed four senior officials in its protection services department, who have been found guilty of alleged procurement... 

Concrete batchers training in the works

By: Mamaili Mamaila     5th June 2020 The Concrete Institute’s (TCI’s) School of Concrete Technology is planning to offer a special one-day course for concrete batchers and batch plant staff in the second half of 2020. 

Concrete batchers training in the works
THE WHOLE BATCH Batching ensures high and uniform quality of readymix concrete for each batch produced by a batching plant

Solidarity issues letter of demand to stop pension funds going to Eskom

By: Donna Slater     4th June 2020 With a letter of demand addressed to the Government Employees Pension Fund (GEPF) and the Public Investment Corporation (PIC), labour union Solidarity instituted legal steps to stop the exchange of Eskom debt for Eskom shares, on June 4. In doing so, Solidarity demands that plans by the PIC to... 

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