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Legal News

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... 

SA banks ready to assist distressed businesses amid Covid-19 pandemic

By: Sane Dhlamini     3rd June 2020 Global law firm DLA Piper, which has advised the Banking Association South Africa and South Africa’s biggest banks on the country’s loan guarantee scheme, has announced that the banks are ready to receive loan applications from businesses impacted by the coronavirus. The loan scheme, which was... 

SA banks ready to assist distressed businesses amid Covid-19 pandemic

Bowmans into Malawi, Zambia amid pandemic

By: Sane Dhlamini     1st June 2020 Law firm Bowmans has expanded its services to Malawi and Zambia despite the coronavirus (Covid-19) pandemic that is crippling the world economy. The announcement comes less than a year after it announced it was opening a new office in Mauritius and entering into an alliance with Assefa &... 

Bowmans into Malawi, Zambia amid pandemic

Tribunal confirms another excessive pricing consent agreement

By: Donna Slater     22nd May 2020 The Competition Tribunal has approved a consent agreement relating to the alleged excessive pricing of face masks in the context of Covid-19, with two related companies to jointly pay an administrative penalty of R1.5-million.

The companies, Sicuro Safety and Hennox Supplies, have also... 

Tribunal approves more excessive pricing consent agreements

By: Tasneem Bulbulia     7th May 2020 The Competition Tribunal has approved two more consent agreements with a company accused by the Competition Commission of charging excessive prices for essential products. The Van Heerden Pharmacy Group has agreed to pay a R30 000 settlement and to make a further donation to the national... 

Tribunal approves consent agreement with fresh produce supplier

By: Tasneem Bulbulia     4th May 2020 A supplier of fresh produce in Kempton Park, Gauteng, has agreed to donate hand sanitisers to the Tembisa Provincial Hospital, after having been accused by the Competition Commission of charging excessive prices for hand sanitisers. In a consent agreement entered into with the commission,... 

Lawtons highlights Covid-19 personal information and surveillance risks

By: Donna Slater     30th April 2020 In response to the management and containment of Covid-19 in South Africa, the Information Regulator, established in terms of the Protection of Personal Information Act, has issued a guidance note on the processing of personal information of data subjects – the person whose personal information... 

Lockdown demands CIPC must rescind delay of business rescue filing – law firm

By: Tasneem Bulbulia     30th April 2020 The national coronavirus-related lockdown has put many companies into financial distress, but recent notices from the Companies and Intellectual Property Commission (CIPC) are delaying the business rescue process and, in fact, fall to be set aside on review, says law firm Knowles Husain Lindsay.... 

Covid-19 increasing risk of cybercrime; privacy right infringement

By: Tasneem Bulbulia     24th April 2020 Businesses in South Africa face a heightened risk of cybercrimes owing to the Covid-19 pandemic and subsequent lockdown, but there are several measures that they can undertake to mitigate this and there is legislative regulation to assist. Speaking on April 24 during a webinar hosted by law firm... 

Treasury provides more clarity on additional tax relief measures

By: Simone Liedtke     23rd April 2020 In line with President Cyril Ramaphosa’s address to the nation on April 21, Finance Minister Tito Mboweni has provided more detail on the second set of tax measures aimed at assisting individuals and businesses through the pandemic. The statement from the National Treasury states that it... 

Eskom clears COO of all wrongdoing

By: Donna Slater     15th April 2020 After being accused by a fellow employee of corruption, conflict of interest, dishonesty and abuse of power, power utility Eskom COO Jan Oberholzer has been cleared of all allegations by an external Senior Counsel. The complainant made the numerous accusations against Oberholzer in March through... 

Eskom clears COO of all wrongdoing
Photo by Creamer Media's Donna Slater
Eskom COO Jan Oberholzer

National State of Disaster brings complex privacy limitations – Cliffe Dekker Hofmeyr

By: Donna Slater     14th April 2020 The Covid-19 pandemic has resulted in many countries adopting extraordinary, and sometimes unprecedented, measures in an effort to contain, or at least slow the spread of the virus. In many instances, peoples' movement has been severely restricted and even monitored, resulting in new privacy... 

Unemployment beneficiaries wait while Nedlac discussions progress

By: Donna Slater     7th April 2020 Many employers are waiting for greater clarity regarding unemployment benefits for their staff that have been temporarily laid off during the national lockdown, which is enforced from March 27 to April 16 to curb the spread of Covid-19, according to business law firm Cliffe Dekker Hofmeyr (CDH).... 

Unemployment beneficiaries wait while Nedlac discussions progress
Gillian Lumb

Local project scarcity causes loss of top-class engineers

By: Darren Parker     3rd April 2020 The scarcity of public-sector projects is leading to massive retrenchments and the loss of South Africa’s world-class consulting engineers to foreign markets, says law firm LNP Attorneys CE Nikita Lalla. “Insufficient project implementation is causing the engineering and construction sector... 

Local project scarcity causes loss of top-class engineers
NIKITA LALLA There is an abundance of talking without timeous, practical implementation

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... 

Covid-19 may exacerbate the abuse of power – Corruption Watch
Corruption Watch executive director, David Lewis

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
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