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Never miss a beat on Africa's legal and regulatory landscape.

Cliffe Dekker Hofmeyr

Temporary Relief: Supreme Court Suspends the Court of Appeal’s Declaration of the Finance Act, 2023 as Unconstitutional

The Supreme Court of Kenya has, through a ruling issued on 20 August 2024, suspended the Court of Appeal’s judgment delivered on 31 July 2024, which had declared the entire Finance Act, 2023 unconstitutional. This article discusses the key findings of the Supreme Court an..

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Cliffe Dekker Hofmeyr

Impact of the Climate Change Act on the Agriculture Sector

More than six years after it was first released for public comment, the Climate Change Act 22 of 2024 (Act) was signed into law by President Ramaphosa on 23 July 2024. Importantly, the Act has yet to commence and will come into operation on a date to be proclaimed by the ..

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Cliffe Dekker Hofmeyr

Price Personalisation or Price Discrimination: Can Your Computer Tell the Difference

From booking accommodation and transport to purchasing products online, data analytics has given firms the ability to use automated pricing algorithms to charge personalised prices to every customer based on their data profile. Does this personalised pricing contravene co..

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Cliffe Dekker Hofmeyr

Reform of the electricity market: Updates on the ERA Bill and draft Wholesale Market Code

South Africa’s energy sector is historically founded upon a vertically integrated model in terms of which Eskom has been responsible for electricity generation, transmission and distribution. However, the ongoing electricity supply crisis has accelerated calls and action ..

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Cliffe Dekker Hofmeyr

Enhancing supervision in the banking sector: A review of the Draft Banking (Penalties) Regulations, 2024

The Central Bank of Kenya recently published the Draft Banking (Penalties) Regulations, 2024, whose defining features are a marked departure from the Banking (Penalties) Regulations, 1999 which they will be seeking to repeal. In this article, we highlight some noteworthy ..

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Cliffe Dekker Hofmeyr

New legislation: The criminalisation of hate offences and the workplace

On 9 May 2024, the Presidency reported that the President assented to the Prevention and Combating of Hate Crimes and Hate Speech Bill. The purpose of the Act is to give effect to constitutionally enshrined rights, including human dignity, equality and the right to freedo..

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Cliffe Dekker Hofmeyr

The establishment of the Public Procurement Tribunal

The complex public procurement system in South Africa has been fertile ground for litigation over many years, and to say that law reports are replete with cases dealing with public procurement would be an understatement. Litigation in this context almost invariably brings..

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Cliffe Dekker Hofmeyr

The Social Health Insurance Act and its implications

In a Gazette Notice on 21 November 2023, the Cabinet Secretary for Health designated 22 November 2023 as the commencement date of the Social Health Insurance Act, 2023 (SHIA). This act repeals the National Health Insurance Fund Act, 1989 (NHIF Act) to establish a fr..

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Cliffe Dekker Hofmeyr

Recent amendments to South Africa’s non-profit organisation legislation in response to the FATF greylisting

In 2021, the Financial Action Task Force (FATF) released its Mutual Evaluation Report of South Africa, which summarised the effectiveness of South Africa’s anti-money laundering and counter-terrorism financing measures.

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