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Legal News

ECSA elects its first female president

By: Darren Parker     6th May 2022 The Engineering Council of South Africa (ECSA) elected its first female president Refilwe Buthelezi following the sixth term council special meeting on May 5. ECSA has not had a female president since its inception, with ECSA stating on May 6 that the election of Buthelezi in the engineering and... 

NPA, Eskom meet to collaborate on State capture and organised crime

By: Donna Slater     6th May 2022 The National Prosecuting Authority (NPA), led by National Director of Public Prosecutions Advocate Shamila Batohi and Eskom CEO André de Ruyter met on May 5 to discuss appropriate collaboration on State capture cases and other organised crimes against Eskom. Batohi and De Ruyter were accompanied... 

Competition practice note published to improve conduct, entry barriers, inclusivity

By: Donna Slater     4th May 2022 The Competition Commission published a practice note on the Promotion of Competition and Inclusion in Supplier Panels of Banks and Insurers on February 28, building on the enforcement and advocacy work the commission has undertaken with insurers and banks over time. The commission reports in a... 

Act compliance lacking in municipalities

By: Tracy Hancock     29th April 2022 Although the purpose and provisions of South Africa’s National Water Act, No 36 of 1998 and Water Services Act, No 108 of 1997 are prescribed, it is the observance and compliance with the obligations under these Acts that is wanting, says law firm Cliffe Dekker Hofmeyr environmental, mining and... 

The welcomed resurrection of the Blue and Green Drop Certification programme will again give the country insight into the status of its municipal sewage plants
MONITORING MATTERS The welcomed resurrection of the Blue and Green Drop Certification programme will again give the country insight into the status of its municipal sewage plants

Contractors may need clauses to mitigate exceptional international events

By: Tasneem Bulbulia     16th March 2022 Having barely survived the negative economic effects of Covid-19, South African construction contractors now need to factor in the risk of massive price hikes following the war in Ukraine and resultant sanctions against Russia, says construction law firm MDA Attorneys. The law firm notes that... 

SCA clarifies Eskom’s right to payment for municipal electricity used

By: Donna Slater     14th March 2022 Power utility Eskom achieved a significant legal victory against municipalities when the Supreme Court of Appeal (SCA) on March 9 affirmed its right to payment for services rendered to municipalities. This was the conclusion of a court case between Eskom and the Free State province, in which the... 

Capacity, resource management critical to prosecuting State capture perpetrators

By: Donna Slater     7th March 2022 With the latest volume of the Zondo Commission report having been released, Business Leadership South Africa (BLSA) CEO Busi Mavuso says it will be critical to manage the capacity and resources of South Africa’s investigating and prosecuting services. In this regard, she notes that the National... 

NSDV promotes two directors, senior associate

By: Donna Slater     3rd March 2022 Fully integrated mining, construction and environmental law and consultancy firm NSDV has promoted three senior employees after growing the firm from three founding members, to 28 legal and corporate consultants and support staff over the past three years. NSDV co-founder and director Lili Nupen... 

An image of Samantha Reyneke
NSDV's new construction department director Samantha Reyneke

New SAIIA paper highlights IMF's role in supporting South Africa's just transition

By: Darren Parker     2nd March 2022 Global finance organisation the International Monetary Fund (IMF) has an important role to play in supporting South Africa’s just transition away from fossil-fuel dependence, independent think-tank the South African Institute of International Affairs (SAIIA) has found. The organisation this week... 

a photo of the IMF logo

Law firm to provide insight on energy laws

By: Sabrina Jardim     25th February 2022 Law firm Norton Rose Fulbright will participate at this year’s Africa Energy Indaba as a partner, providing a legal perspective on energy sector laws. The global law firm provides a business law service, with an industry focus throughout major key industries, including the energy industry. 

Hand turns dice and changes the expression
Photo by Frank Harms
TRANSITION MISSION Norton Rose Fulbright is participating as a partner at this year’s Indaba to discuss energy storage and the just energy transition

Creecy extends deadline for registration of EAPs

By: Tasneem Bulbulia     15th February 2022 Forestry, Fisheries and the Environment Minister Barbara Creecy has extended the public consultation period for comment on the proposed amendment to the Section 24H Registration Authority Regulations to February 21. She has also granted a six-month extension to the compulsory deadline for the... 

Commission asks Tribunal to prosecute Roche for alleged excessive pricing of breast cancer treatment drug

By: Tasneem Bulbulia     9th February 2022 The Competition Commission on February 8 filed a referral with the Competition Tribunal for prosecution of Switzerland-based multinational healthcare company Roche Holding and its subsidiaries F Hoffman La Roche AG (Roche Basel) and Roche Products (Roche SA) for alleged excessive pricing of a... 

Domestic vehicle sales increase draws attention to road safety standards

28th January 2022 The 27% increase in domestic vehicle sales in South Africa in October last year, compared with the same period in 2020, has resulted in more vehicles being transported across the country. As a result, attention is being drawn to safety concerns related to the transportation sector, particularly... 

An image of cars being transported by truck
GOING THE DISTANCE October 2021 saw a 27% increase in domestic vehicle sales in South Africa

Index shows South Africa has reached a standstill in efforts to curb corruption

By: Tasneem Bulbulia     25th January 2022 The release of the Transparency International’s 2021 Corruption Perceptions Index (CPI) reveals that South Africa, along with many other countries in the world, has reached a virtual standstill in its efforts to curb corruption, as human rights abuses and the erosion of democracy flourish, says... 

Business school gets new law school head

By: Darren Parker     24th January 2022 Global education institution Regenesys Business School announced on January 24 that it had appointed former deputy Public Protector Kevin Malunga as the new School of Law academic head, effective January 1.   

Firm launches new contract management services offering

By: Darren Parker     21st January 2022 Legal services firm NSDV has launched a new contract management services offering, which aims to save companies from unnecessary and avoidable legal fees, while improving project delivery and profitability. NSDV construction law specialist, director and cofounder Cameron Staude said in a... 

BLSA addresses criticism regarding State capture involvement by one of its members  

By: Tasneem Bulbulia     17th January 2022 Business organisation Business Leadership South Africa (BLSA) CEO Busi Mavuso has addressed the criticism directed at the organisation and herself over one of its members, consulting firm Bain, following the publication of the first part of the Zondo Commission’s report into State capture. “Much... 

Sakeliga investigates decay at 154 problem municipalities, considers further litigation

By: Tasneem Bulbulia     10th January 2022 Attorneys for independent business community Sakeliga have been instructed to prepare a request in terms of the Promotion of Access to Information Act (PAIA) to the Auditor-General to obtain specific management reports said to be submitted to the management teams of the various municipalities... 

Pinsent Masons hires corporate crime, forensic investigations partner in South Africa

By: Tasneem Bulbulia     10th January 2022 Multinational law firm Pinsent Masons has hired partner Edward James to bolster its corporate crime and investigations capabilities in South Africa. Joining from South African-headquartered firm ENSafrica, James will work predominantly with the firm’s global energy and infrastructure sectors and... 

BLSA supports Zondo Commission’s National Charter against Corruption recommendation

By: Donna Slater     10th January 2022 Following the release of the first Zondo Commission report last week and recommendations for developing a National Charter against Corruption, Business Leadership South Africa (BLSA) CEO Busi Mavuso says such a move would be a “natural fit” to the BLSA’s Integrity Pledge, which commits every... 

Busa corrects Nxesi on mandatory vaccination declaratory order stance

By: Donna Slater     9th December 2021 Business Unity South Africa (Busa) disputes a December 7 claim by Employment and Labour Minister Thulas Nxesi that it has approach the Constitutional Court seeking a mandatory vaccination declaratory order. Nxesi claimed during the National Economic Development and Labour Council’s yearly summit... 

Covid-19 vaccinations can be made mandatory

By: Khutso Maphatsoe     17th September 2021 Owing to the latest guidelines provided by the Department of Employment and Labour, which stipulates that Covid-19 vaccinations can be made mandatory by employers, companies would need to update their policies and procedures to ensure that they comply with the guidelines, which correspond with... 

Competition Commission advances efforts to mitigate price gouging during pandemic  

By: Tasneem Bulbulia     10th September 2021 The Covid-19 pandemic has led to a spike in price gouging and complaints from customers, and the Competition Commission of South Africa had to, and continues to, focus efforts on mitigating this situation, and has learnt several lessons from this. This was indicated during the a webinar hosted by... 

An image of Competition Commission Litigation manager
Competition Commission Litigation manager Candice Slump outlines the CC‘s legal and practical approach to price gouging during the pandemic.

Competition Commission decision raises questions  

By: Tasneem Bulbulia     2nd September 2021 The Competition Amendment Act, and a recent decision by the Competition Commission of South Africa, have benefits, but also raise questions for companies, speakers indicated during a webinar held by legal adviser Bowmans on September 1. The commission recently prohibited a transaction in which... 

An image of Bowmans competition partner Lebohang Mabidikane, speaking during a webinar.
Bowmans competition partner Lebohang Mabidikane provides some background to Competition Commission’s use of public interest assessment, following its recent decision to block a proposed acquisition of Burger King on these grounds.

Court decision could increase electricity prices, revenue

By: Cameron Mackay     20th August 2021 National Energy Regulator of South Africa (Nersa) is appealing a High Court application that State-owned power utility Eskom brought against Nersa last year, which states that Nersa exceeded its boundaries regarding the determination on tariff adjustments requested by Eskom. Energy sector law... 

Image of LNP Attorneys CEO Nikita Lalla
NIKITA LALLA Eskom’s argument is that Nersa had gone beyond its statutory or regulatory regime, and the information it was allowed to consider in determining tariff increases

New consumer campaign launched to assist in the fight against illicit cigarettes 

By: Tasneem Bulbulia     11th August 2021 South Africa’s tobacco industry is stepping up its campaign against illicit cigarette producers with a new educational campaign aimed at helping smokers distinguish between legal and illicit products. The ‘Know What You Smoke’ campaign is hinged on an animated video that explains how the price of... 

Insurers advise on claims related to civil unrest

By: Donna Slater     23rd July 2021 Following the looting that took place during the civil unrest of mid-July in KwaZulu-Natal and Gauteng, insurance experts advise that claimants ensure they have proof of damage or loss or destruction of stock, to ensure they are able to submit claims within the 30-day threshold. During a webinar... 

Investment event targets S Africa and Germany

By: Halima Frost     23rd July 2021 The annual Africa Financial Services Investment Conference – Investing in Africa event, known as AFSIC, organised by hosting company Africa Events Limited, will be held in London, UK, on October 11 and 12. The event provides a forum for investors, business leaders and dealmakers to build... 

Panel discussion at AFSIC Investing in Africa event
SEATED DEBATE The forums and mini country-summits will focus on highlighting investment and business opportunities in Africa

Contracts need to be examined before declaring force majeure in times of unrest – Webber Wentzel

By: Donna Slater     16th July 2021 Following the looting, violence and vandalism following the imprisonment of former President Jacob Zuma, law firm Webber Wentzel says businesses experiencing disruption may be able to invoke force majeure clauses in contracts, or the law of supervening impossibility, depending on the... 

Settlement of Covid-19-related insurance claims remains problematic, says ICA

By: Donna Slater     6th July 2021 Insurance Claims Africa (ICA) CEO Ryan Woolley says it is clear from new research released on July 6, that the short-term insurance industry (STI) earned record profits during the pandemic. He states that the STI therefore has “no reason” to further delay the settlement of all outstanding... 

Solidarity files court papers opposing water dept’s appointment of Cuban engineers

By: Donna Slater     6th July 2021 Trade union Solidarity, on July 6, issued its court documents in its case against the Department of Water and Sanitation, challenging the legality of the controversial decision to appoint Cuban engineers. The 24 foreign engineers were welcomed into South Africa by the department in April to... 

Water department extends comment period for unconventional gas regulations

By: Donna Slater     14th June 2021 The Department of Water and Sanitation (DWS) has extended the period available for the public and key sector stakeholders to comment on the unconventional gas regulations, as published in government notice 406 in Government Gazette 44545 in May, by 60 days. This follows after stakeholders... 

Pandemic highlights investment opportunities

By: Halima Frost     4th June 2021 Covid-19 has highlighted the importance of strengthening supply chains in Africa to reduce reliance on other continents, where possible, private equity investment firm Agile Capital principal dealmaker Liz Kolobe tells Engineering News. Therefore, the company has announced that it is open to... 

Agile Capital has announced that it is open to exploring new opportunities and is looking to deploy the capital it has available in its fourth private equity fund
LIZ KOLOBE Agile Capital has announced that it is open to exploring new opportunities and is looking to deploy the capital it has available in its fourth private equity fund

Sub-Saharan Africa rebound significantly lower than globally

By: Halima Frost     4th June 2021 A smaller contraction in 2020 and a sharper growth rebound in 2021 have led to predictions of a global rebound of about 5.6%; however, sub-Saharan Africa will lag behind, with the slowest recovery rate of about 3%, said data research and analytics company Fitch Solutions Country Risk & Industry... 

The sub-Saharan Africa recovery is on on trend with the rest of the world
PLUGGED IN The sub-Saharan Africa recovery is on on trend with the rest of the world

Competition Tribunal approves two separate renewable energy transactions

By: Donna Slater     28th May 2021 The Competition Tribunal has unconditionally approved two mergers, by the same acquiring firm in the renewable energy sector after determining that both transactions are unlikely to substantially prevent or lessen competition in any relevant market, or have a negative impact on the public... 

Mboweni appoints ombud council leaders

By: Donna Slater     24th May 2021 Finance Minister Tito Mboweni has appointed the first Ombud Council board and council Chief Ombud, independent consultant Eileen Meyer, giving effect to the new financial ombud system in terms of the Financial Sector Regulation Act. Meyer will serve in her position as a transitional measure,... 

Elidz hopeful new SIU probe will end corruption, maladministration allegations

By: Donna Slater     19th May 2021 The East London Industrial Development Zone (Elidz) says it “welcomes” a probe into allegations of corruption and maladministration by the Special Investigation Unit (SIU) if the authorities “deem it worthwhile to put resources into these allegations once more”. The new SIU investigation comes a... 

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