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Legal News

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... 

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... 

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... 

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... 

PPC’s Dwaalboom plant
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.... 

CLIVE BRINDLEY
The significance of data and its risk to an organisation will determine the scope of the mitigation measures
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,... 

MADE IN CHINA
Most counterfeit goods sold in Africa are imported from China or other Eastern countries
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. 

MEGAN REIMERS 
The ethical requirements of food packaging and labelling also extend to aspects such as Itellectual Property
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... 

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
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... 

FULLY COMPLIANT 

Sarma members are supported through technical advice, partnerships with institutions and member companies, lower premiums on insurance policies and accreditation
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. 

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
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.  

LUCIO TRENTINI
It is imperative for companies to speak with one common voice when dealing with the challenges facing the sector
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. 

SIBUSISO MTHENJANA
Companies want to know their rights and legal obligations towards employees
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. 

KAIZER NYATSUMBA 
The aspirations of the federation run concurrently with the aspirations of the sector, as well as those of the country
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... 

A Bombardier CRJ700 regional jet in SA Express colours
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... 

Dr McLean Sibanda
Dr McLean Sibanda

Global Business Services incentive to bolster youth employment opportunities

By: Tasneem Bulbulia     7th January 2019 The Global Business Services (GBS) incentive, which came into effect from January 1, will create employment opportunities for the youth in South Africa, says Trade and Industry Minister Dr Rob Davies. He notes that the opportunities will be especially in the areas of medium to high complexity... 

Trade and Industry Minister Dr Rob Davies
Trade and Industry Minister Dr Rob Davies

Mpumalanga remains under strain as water pollution continues

By: Simone Liedtke     4th December 2018 Residents of Mpumalanga remain concerned about sewage spillages and wastewater challenges. The South African Human Rights Commission (SAHRC) has received complaints about alleged sewage spillages and/or the inadequate treatment of wastewater. 

Building slump causing disputes

By: Jessica Oosthuizen     16th November 2018 The economic slump in the building industry has led to desperation, resulting in contractors and other parties involved readily accepting work without protecting themselves contractually, says nonprofit industry representative the Joint Building Contracts Committee (JBCC) CEO Uwe Putlitz. The... 

BUILDING BLOCKS
Those seeking or offering services in the building industry should deal only with reputable clients
BUILDING BLOCKS Those seeking or offering services in the building industry should deal only with reputable clients

Nedlac approves Solidarity strike action over ‘race exclusion’

By: Tasneem Bulbulia     30th October 2018 Trade union Solidarity on Tuesday said the National Economic Development and Labour Council (Nedlac) had approved its application to undertake a lawful strike against the exclusion of white employees from employee share ownership plans. In terms of the Nedlac decision, all of Solidarity’s 180 000... 

Basil Read to proceed with business rescue plan

By: Marleny Arnoldi     28th September 2018 JSE-listed construction group Basil Read’s business rescue plan was approved by 99% of creditors and 98% of independent creditors during a shareholder’s meeting on Thursday. Basil Read entered into voluntary business rescue in June and its business rescue plan was published in August.  

Hogan Lovells sheds light on business rescue in construction industry

By: Marleny Arnoldi     27th September 2018 In light of a struggling construction sector in South Africa and many companies going into liquidation or business rescue, and with the business rescue success rate only 10% on average for companies in South Africa, law firm Hogan Lovells says it is crucial for construction companies to carefully... 

Machine learning, knowledge management tools changing legal industry

By: Schalk Burger     14th September 2018 The legal profession, as with most other knowledge professions, is changing through the use of machine learning tools applied to ensure that legal information is leveraged and disseminated efficiently to lawyers to fulfil their tasks more quickly and more accurately, law firm Cliffe Dekker... 

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