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Legal News

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. 

JAMES TRUDEAU
It is “very critical” that Eskom increases its energy storage capacities to support a more diversified energy portfolio
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... 

CMS South Africa partner and tax co-head Andrew Wellsted
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... 

Ryan Woolley
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. 

THE WHOLE BATCH 
Batching ensures high and uniform quality of readymix concrete for each batch produced by a batching plant
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 COO Jan Oberholzer
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).... 

Gillian Lumb
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... 

NIKITA LALLA
There is an abundance of talking without timeous, practical implementation
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... 

Corruption Watch executive director, David Lewis
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... 

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