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ENSafrica

The Vinci Coffee controversy: government did not need to consult with local farmers by law

Despite the outrage following parliament’s recent damning report on an agreement between the Government of Uganda and Vinci Coffee without consultation with local farmers, government was not obliged by law to consult wi..

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ENSafrica

The Vinci Coffee case compounds Uganda’s pressing need for a national competition law

In April 2022, the Ugandan Parliament recommended that a government agreement with Uganda Vinci Coffee Company Limited be terminated on grounds that it was unconstitutional and contravened several other laws of Uga..

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ENSafrica

The High Court of Uganda emphasises the rights of secured creditors in insolvency proceedings

The High Court recently passed a decision (Bank Of India (U) Limited Vs NC Beverages Limited And Uganda Revenue Authority (Civil Suit 0009 of 2021) highlighting the priority of a secured creditor in the winding up or liquidation of a company. ..

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ENSafrica

Controversy as Industrial Court insists employers must give reasons for terminating an employment contract

The Industrial Court has passed a controversial award insisting that employers must give reasons before an employment contract is terminated (Asiimwe Apollo v Law Development Centre). The award contradicts the Court of Appeal’s recent decision that an employer ma..

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ENSafrica

Tax incentives are essential for getting South African mining exploration investment back on track

In April 2022, the Fraser Institute published the “Survey of Mining Companies 2021”, where investors weighed in on what mineral endowments and public policy factors, such as regulatory uncertainty and taxation, impacted their decision to invest in exploration in a region...

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ENSafrica

Advertising Regulatory Board: a major development

On 12 April 2022, The South African Supreme Court of Appeal ruled that the Advertising Regulatory Board is entitled to consider and make decisions on the advertising of non-members, and guide its mem..

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ENSafrica

Mine Community Resettlement Guidelines published for implementation

Mining operations have the potential to displace individuals and communities, resulting in the loss of income, loss of physical and non-physical assets (including homes), productive land, subsistence, resources, cultural sites, social structures, networks and ties, cultural ..
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ENSafrica

A trade mark case with soul

The trade mark judgment of Golden Fried Chicken (Pty) Ltd v Soul Kitchen Restaurant is highly unusual. While the judgment is certainly interesting, it’s not always easy to follow and is worth unpacking.

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ENSafrica

Policy to formalise artisanal and small-scale mining in South Africa published

A policy published on 30 March 2022 by the South African Minister of Mineral Resources and Energy aims to create a formalised, sustainable artisanal and small-scale mining (“ASM”) industry in South Africa, to eliminate illegal ASM..

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