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Legal News

Covid-19 may exacerbate the abuse of power – Corruption Watch  

By: Sane Dhlamini     31st March 2020 Not-for-profit organisation Corruption Watch on Tuesday released its yearly corruption report with executive director David Lewis  saying South Africans should not expect corruption to lessen during the coronavirus pandemic. This year’s report is themed “The Writing is on the Wall” and shows... 

Public Enterprises, business rescue practitioners battle over SA Express

By: Rebecca Campbell     20th March 2020 The Department of Public Enterprises (DPE) has expressed, in a statement, its concern about the direction that the business rescue process for State-owned regional airline SA Express was taking. “[T]he Business Rescue Practitioners [BRPs] are planning to ‘ground’ the airline without first... 

Moves afoot to 'futureproof' South Africa's drones regulations

By: Donna Slater     20th March 2020 Regulations governing drones, officially referred to as remotely piloted aircraft systems (RPAS), have been stagnant since July 2015, when the South African Civil Aviation Authority (SACAA) first introduced regulations to formalise the industry.  

Moves afoot to 'futureproof' South Africa's drones regulations

Criminal raids on gold mines pose new threat to South African industry

By: Tasneem Bulbulia     13th March 2020 With gold prices surging to seven-year highs, it is seemingly a good time to be in the industry. In South Africa, however, the recovery has coincided with, and is being tainted by, a surge in so-called 'gold raids', characterised by heavily armed intruders targeting mining companies and smelt... 

Criminal raids on gold mines pose new threat to South African industry

Regional airline SA Express objects to business rescue ruling by court 

By: Rebecca Campbell     7th February 2020 State-owned regional airline SA Express has reacted strongly to the ruling by the Johannesburg High Court on Thursday that it be placed in business rescue. The airline stated in a press release on Friday that it was seeking further legal advice on the matter. The company headed its release “SA... 

Airbus reaches legal settlements to end bribery and compliance probes

By: Rebecca Campbell     7th February 2020 Europe-based major aerospace group Airbus has issued a brief press release, concerning its negotiations with regulators and law enforcement agencies in three countries. The release stated in full:  

Airbus reports agreement with authorities regarding various charges against it

By: Rebecca Campbell     28th January 2020 Europe-based major aerospace group Airbus issued a brief press release on Tuesday, concerning its negotiations with regulators and law enforcement agencies in three countries. The release stated in full: “Airbus confirms that it has reached agreement in principle with the French Parquet National... 

Contract consolidation aims to improve project execution

By: Schalk Burger     24th January 2020 Most government organisations and State-owned enterprises have standardised on the use of the New Engineering Contract (NEC), an international construction industry-specific contract format, to improve roll-out and execution of infrastructure projects, law firm Nupen Staude de Vries partner... 

Growth initiatives to continue in 2020 as new laws come into effect  

By: Simone Liedtke     9th January 2020 Initiatives to drive growth and stabilise the economy will continue to be a focus in the coming year, especially as efforts to root out corruption and State capture progress, law firm Webber Wentzel says. Robust corporate governance for listed companies will also remain a focus area for the JSE,... 

Growth initiatives to continue in 2020 as new laws come into effect

Business rescue means restructuring of SAA

By: Rebecca Campbell     5th December 2019 Department of Public Enterprises deputy director-general Advocate Melanchton Makobe effectively confirmed on Thursday that State-owned South African Airways (SAA) would be restructured, as a result of going into business rescue. “That business rescue plan is, in effect, a restructuring plan for... 

Companies Tribunal aims to settle disputes – but it's understaffed, underfunded with limited scope

By: News24Wire      28th November 2019 The Companies Tribunal wants its mandate to be expanded so that it can take on more cases to help companies resolve their disputes, without litigation. The Tribunal's chairperson Alli Chicktay, Chief Operations Officer Monica Ledingwana and CFO Irene Mathatho on Wednesday briefed the portfolio... 

 Companies Tribunal aims to settle disputes – but it's understaffed, underfunded with limited scope

Appropriate data protection fundamental in South African cybersecurity laws

By: Schalk Burger     20th November 2019 Reasonable and appropriate technical and organisational measures to protect personal information are fundamental to comply with South African information privacy laws, notwithstanding the impossibility of completely preventing cybersecurity breaches, law firm Herbert Smith Freehills cybersecurity... 

More opportunities brewing for women

By: Khutso Maphatsoe     15th November 2019 Opportunities for women in the brewery industry are increasing, despite there being a relative shortage of qualified women in the industry, says first black female majority-owned brewing company Brewsters Craft founder Apiwe Nxusani-Mawela. To combat this challenge, Brewsters Craft offers various... 

Companies should understand laws around product offering

By: Khutso Maphatsoe     15th November 2019 New companies in the brewery and winery industry need to understand the importance of the laws and regulations, such as copyright and trade marks, associated with the products and services that breweries may want to offer, says Spoor & Fisher partner Eben van Wyk. He advises that a trade mark... 

Local cement players solidify defence against import threat  

By: Tasneem Bulbulia     14th November 2019 While the quality of imported cement has been improving in recent years, it is usually not in line with the high quality of locally produced cement, the Concrete Institute (TCI) pointed out during a site visit to cement producer PPC’s Dwaalboom plant, in the North West, this week. TCI reiterated... 

Local cement players solidify defence against import threat
Photo by Creamer Media's Tasneem Bulbulia
PPC’s Dwaalboom plant

Accuracy of information key to attaining appropriate cybersecurity risk posture

By: Schalk Burger     8th November 2019 Companies must establish the accuracy and truthfulness of information, including from third-parties, in their organisations to achieve an appropriate cybersecurity risk posture, says information technology (IT) services multinational Accenture head of cyber security practice Clive Brindley.... 

Accuracy of information key to attaining appropriate cybersecurity risk posture
CLIVE BRINDLEY The significance of data and its risk to an organisation will determine the scope of the mitigation measures

Many organisations unlikely to successfully tackle cybersecurity demands – Deloitte

By: Schalk Burger     24th October 2019 There are notable gaps in organisations’ abilities to meet the cybersecurity demands of the future, the ‘2019 Future of Cyber’ survey conducted by consulting multinational Deloitte found. The findings indicate that many organisations are challenged in ensuring prioritisation of cyber risk across... 

South Africa making strides in international arbitration

By: Tasneem Bulbulia     23rd October 2019 South Africa is gaining prominence in the development and practice of international arbitration law, which will benefit the country and Africa. This was indicated by Arbitration Foundation of South African (Afsa) and China–Africa Joint Arbitration Centre (Cajac) chairperson Michael Kuper, at a... 

Counterfeiting remains a challenge in Africa

By: Darren Parker     18th October 2019 Counterfeiting remains a significant challenge for multinational brands aiming to legitimately penetrate the African market, but anti-counterfeit laws and measures are gaining traction in Africa. “A number of African countries do not have sufficient intellectual property protection; however,... 

Counterfeiting remains a challenge in Africa
MADE IN CHINA Most counterfeit goods sold in Africa are imported from China or other Eastern countries

Legislature calls for more labelling, packaging awareness

By: Mamaili Mamaila     18th October 2019 As the food and drug / medicine sectors are highly regulated from a labelling perspective, companies need to be aware of the claims they can make about their products on the packaging, says intellectual property (IP) services law firm Spoor & Fisher partner Megan Reimers. 

Legislature calls for more labelling, packaging awareness
MEGAN REIMERS The ethical requirements of food packaging and labelling also extend to aspects such as Itellectual Property

Jobs Summit committee reports progress in various areas

By: Tasneem Bulbulia     7th October 2019 The Presidential Working Committee on the Jobs Summit, which held its monthly meeting on Monday, noted that substantial progress had been made in reforming and modernising South Africa’s visa regime, issuing water-use licences, releasing broadband spectrum, saving jobs in distressed firms and... 

Court can stop bank strike on Wednesday   

By: News24Wire      23rd September 2019 A planned protest by workers in the banking sector could be stopped if the labour court rules in favour of employers who want to interdict the strike. Banking union Sasbo plans to hold nationwide protest action on Friday September 27. It says as many as 50 000 workers have indicated that they... 

 Court can stop bank strike on Wednesday

Benefits of quality-specified concrete being recognised

By: Cameron Mackay     23rd August 2019 Years of effort by the South African Readymix Association (Sarma) to spread awareness about the importance of quality-specified concrete are finally bearing fruit, as it is starting to reach local-government level, says Sarma director Johan van Wyk. Collaborating with parastatals, such as... 

Benefits of quality-specified concrete being recognised
QUALITY CONCRETE DEMANDS State companies and parastatals have started to specify quality concrete, subsequently creating opportunities for readymix companies to become involved in infrastructure projects

Sarma accreditation mitigates lack of concrete laws

By: Cameron Mackay     23rd August 2019 Accreditation as a South African Readymix Association (Sarma) member can mitigate many of the challenges associated with the lack of laws and specification governing the production of quality concrete, says Sarma director Johan van Wyk. “It’s significant to get accreditation because there is no... 

Sarma accreditation mitigates lack of concrete laws
FULLY COMPLIANT Sarma members are supported through technical advice, partnerships with institutions and member companies, lower premiums on insurance policies and accreditation

Govt observes anniversary of Marikana tragedy

By: Simone Liedtke     16th August 2019 Government says it has, since the conclusion of the Marikana Commission of Inquiry, made “great progress” in implementing the inquiry’s recommendations, among which has been to ensure that the South African Police Service strengthens its public order policing capacity. A statement issued by the... 

Property group achieves triple win at awards

2nd August 2019 Well-known South African property brand real estate agents Rawson Property Group has received three Global Brands Awards. The group’s wins include Best Real Estate Marketing Brand, Most Innovative Real Estate Brand and the highly coveted all-rounder, Best Real Estate Brand. 

Think-tank attacks SAX for failing to provide requested information

By: Rebecca Campbell     19th July 2019 The Free Market Foundation (FMF) think-tank has accused State-owned regional airline SA Express (SAX) of breaking the law by not responding to a request for information under the Promotion of Access to Information Act (PAIA). The FMF made a PAIA request to SAX on May 31 regarding the troubled... 

Federation committed to small business growth

By: Mamaili Mamaila     19th July 2019 The Steel and Engineering Industries Federation of Southern Africa (Seifsa) Small Business Hub (SBH) was created specifically to address the needs of small, medium-sized and microenterprises (SMMEs) in Southern Africa to contribute to economic growth and job creation. 

Federation committed to small business growth
TECHNICAL SKILLS Seifsa’s training ensures that people in the metals and engineering sector become technically skilled individuals so that they can create products of high quality for the industry

Pre-eminent representation reaffirmed by Seifsa

By: Mamaili Mamaila     19th July 2019 Owing to the country’s precarious socioeconomic outlook, it is critical for the Steel and Engineering Industries Federation of Southern Africa (Seifsa) to reaffirm its position as the preeminent representative in the best interest of its members, says Seifsa operations director Lucio Trentini.  

Pre-eminent representation reaffirmed by Seifsa
LUCIO TRENTINI It is imperative for companies to speak with one common voice when dealing with the challenges facing the sector

Federation looks forward to salary negotiations

By: Mamaili Mamaila     19th July 2019 With the end of the three-year main agreement last month, Steel and Engineering Industries Federation (Seifsa) looks forward to restarting salary negotiations with other industry stakeholders. 

Federation looks forward to salary negotiations
SIBUSISO MTHENJANA Companies want to know their rights and legal obligations towards employees

Seifsa intensifying role in metals and engineering sector

By: Mamaili Mamaila     19th July 2019 Seventy-six years later, the Steel and Engineering Industries Federation of Southern Africa (Seifsa) has made major inroads in intensifying its role and impact in the metals and engineering (M&E) sector. 

Seifsa intensifying role in metals and engineering sector
KAIZER NYATSUMBA The aspirations of the federation run concurrently with the aspirations of the sector, as well as those of the country

Think-tank attacks State-owned regional airline for 'showing contempt for the law'

By: Rebecca Campbell     9th July 2019 The Free Market Foundation (FMF) think-tank has accused State-owned regional airline SA Express (SAX) of breaking the law by not responding to a request for information under the Promotion of Access to Information Act (PAIA). The FMF made a PAIA request to SAX on May 31 regarding the troubled... 

Think-tank attacks State-owned regional airline for 'showing contempt for the law'
Photo by SA Express
A Bombardier CRJ700 regional jet in SA Express colours

Union demands Denel take action against those responsible for irregularities

By: Rebecca Campbell     28th June 2019 Trade union Solidarity announced on Friday that it had served a demand on Denel to institute legal proceedings against people who caused, or who contributed to, the financial straits the State-owned defence group is currently in. The demand was served in terms of Section 165 of the Companies Act.... 

Sakeliga heads to SCA over power interruptions

By: Tasneem Bulbulia     27th May 2019 Business organisation Sakeliga will be heading to the Supreme Court of Appeal (SCA), in Bloemfontein, to have the judgment that prohibits State-owned power utility Eskom from unlawfully interrupting the electricity supply to defaulting municipalities upheld. On March 7, the North Gauteng High... 

SAA presses fraud charges against former pilot for false licence claims

By: Rebecca Campbell     15th March 2019 South African Airways (SAA) has announced that it has laid criminal charges against a former pilot for the airline and will seek to recoup millions of rand paid to him during the time he worked for it, which he received on the basis on false claims regarding his qualifications. He had claimed to... 

Women have only three-quarters of men’s legal rights, affecting work prospects

By: Sane Dhlamini     27th February 2019 If women had equal opportunities to reach their full potential, the world would not only be fairer, it would be prosperous, said World Bank Group interim president Kristalina Georgieva. In its newly released index titled Women, Business and the Law 2019: A Decade of Reform, the World Bank... 

Women have only three-quarters of men’s legal rights, affecting work prospects

Strides made in S Africa’s IP landscape, but more substantial participation required  

By: Tasneem Bulbulia     30th January 2019 The intellectual property (IP) system in South Africa has evolved since 1994, leaving the country with a much better, more inclusive system than before – barring a few constraints, former Innovation Hub CEO Dr McLean Sibanda said on Wednesday. Speaking at a public lecture on South Africa’s IP and... 

Strides made in S Africa’s IP landscape, but more substantial participation required
Dr McLean Sibanda
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