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

Cliffe Dekker Hofmeyr

Understanding South Africa’s FATF greylisting

On 24 February 2023, the Financial Action Task Force (FATF) took the decision to include South Africa on its "grey list", thereby classifying it as a jurisdiction under increased monitoring. This decision follows the mutual evaluation report published by the FATF in..

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Cliffe Dekker Hofmeyr

Fraudulent immovable property transfers: Fraud unravels all

The recent judgment handed down by Judge Adams in Botha NO v Leboko-Radebe and Others (16835/2021) [2022] ZAGPJHC 724 (22 September 2022), in the High Court Gauteng Division, Johannesburg, considered whether fraud should ..

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Cliffe Dekker Hofmeyr

Drawing lines in the sand: The promulgation of new Preferential Procurement Regulations and what it means for organs of state and the public

On 4 November 2022, the Minister of Finance promulgated the Preferential Procurement Regulations, 2022 (2022 Regulations) in terms of the Preferential Procurement Policy Framework Act 5 of 2000 (PPPFA).

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Cliffe Dekker Hofmeyr

Challenging the authority of management or merely seeking clarity: When does insubordination occur

Insubordination is the wilful failure or refusal to obey a lawful and reasonable instruction given by a superior. This is different from insolence, which is rudeness, cheekiness or disrespectful behaviour. The Labour Court in Independent Risk Distributors SA (Pty) Ltd v C..

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Cliffe Dekker Hofmeyr

Cracking the whip: The supervisory power of the Office of the Data Protection Commissioner in Kenya

On 5 October 2022, the Office of the Data Protection Commissioner (ODPC) issued a press release stating that it would be conducting a preliminary documentary assessment and audit on 40 digital lenders that have been subject to complaints raised by various members of the p..

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Cliffe Dekker Hofmeyr

The M-Pesa Visa GlobalPay virtual card

Safaricom PLC (Safaricom) and Visa Inc (Visa) recently announced the launch of the M-Pesa GlobalPay Visa virtual card (the M-Pesa Card). The partnership comes amidst the Central Bank of Kenya’s issuance of its National Paym..

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Cliffe Dekker Hofmeyr

The legality of Oppo Kenya Ltd’s employment policy

According to the article, employees who reported to work 15 minutes late from the start of the workday or left the workplace 15 minutes earlier than the end of the workday, were fined KES 200 for each o..

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Cliffe Dekker Hofmeyr

Reprieve for non-deposit-taking microfinance businesses as the high court temporarily exempts them from the Central Bank of Kenya (Digital Credit Providers) Regulations

On 7 December 2021, the President signed into law the Central Bank of Kenya (Amendment) Act of 2021 (Act) that grants the Central Bank of Kenya (CBK) powers to regulate digital credit providers.

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Cliffe Dekker Hofmeyr

Robust intervention recommended in the Commission’s preliminary report on the online platform inquiry

On 13 July 2022, the Competition Commission of South Africa (Commission) released for public comment its provisional report (Report) following a 14-month inquiry into the online platforms market (the Inquiry). The document is comprehensive and ambitious in equal mea..

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