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

ENSafrica

Insolvency law takes a knock: A review of Roofings v Roko Construction

The High Court in Uganda has ruled that a petitioner for liquidation of a company must issue a statutory demand regardless of the grounds of the petition.

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ENSafrica

Extraterritorial Application: GDPR vs POPIA

Existing GDPR policies and documents can readily be adapted for POPIA compliance and vice versa. In this article, we briefly detail the general application of the EU General Data Protection Regulation 2016/679 (“<..

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ENSafrica

How does the indoor management rule in company law apply in Uganda?

The indoor management rule is a common principle, codified in Ugandan law. However, recent decisions from courts have applied the rule inconsistently, and have been a cause of concern as to what reliance can be placed on a company res..

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ENSafrica

National Treasury set to limit assessed tax losses: agricultural and mining sectors among those industries to bear the brunt

The National Treasury (“NT”’) published its draft Taxation Laws Amendment Bill with accompanying Explanatory Memorandum on 28 July 2021 (the “draft Bill”). By now it is well known that the dra..

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ENSafrica

Kenya’s New Startup Bill will Foster Entrepreneurship, but There Are Still Some Stumbling Blocks

Kenya's Startup Bill was established to provide a framework to encourage entrepreneurship in Kenya as well as to stimulate growth and sustainable development of technology with a goal of attracting Kenyan talent and capital. Because of its ..

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ENSafrica

Terminating Probationary Contracts Without a Hearing Declared Unconstitutional by Kenyan Courts

The Employment and Labour Relations Court at Nairobi has declared section 42(1) of the Employment Act unconstitutional. This section allows employers to terminate an employment contract duri..

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ENSafrica

Can Employers Dismiss Their Off-duty Employees for Taking Part in Looting?

With looting and violence continuing unabated in many parts of South Africa and with the reams of video footage depicting the brazenness of the looters, the question on many employers’ minds..

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