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

Fasken

Fault Not Always a Requirement for Liability: A Caution to Directors

The directors of a company are required to perform their duties in compliance with the Companies Act 71 of 2008, failing which they may incur personal liability. In addition to the Companies Act, directors of listed companies must ensure that they also comply with the rel..

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Fasken

Constitutional Validity of Various Provisions of the Immigration Act and Its Regulations

In a recent Constitutional Court judgement, Chief Justice Zondo and eight other Constitutional Justices were presiding over two consolidated matters seeking confirmation of an order of constitutional invalidity in respect of certain provisions of the Immigration Act and s..

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Fasken

Financing South Africa’s grid expansion on a Public-Private Partnership (PPP) basis a viable solution

While there is much focus given to the state of Eskom’s aging coal-fired power stations, an equally big problem is the electricity grid’s capacity challenges given inadequate investment into the grid in the past three decades and the changing generation mix in South Afric..

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Fasken

Action Alert! The majority of the provisions in the National Environmental Laws Amendment Act 2 of 2022 came into effect

On 24 June 2022, the much-anticipated National Environmental Laws Amendment Act 2 of 2022 (“NEMLAA”) was enacted after more than 5 years since it was introduced as a Bill to the National Assembly.

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Fasken

Unmasking trust ownership: The introduction of beneficial ownership registers in South Africa

Between April 2019 and June 2021, South Africa underwent a mutual evaluation of its anti-money laundering and counter-financing of terrorism controls, which culminated in the publication of the Mutual Evaluation Report (“MER”) by t..

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Fasken

SARS finally provides guidance on transfer pricing rules

Since the withdrawal of Practice Note 2, confusion has reigned as to the manner in which the SARS would apply the newly amended transfer pricing provisions in section 31 of the Income Tax Act, 58 of 1962 to intra-group loans. The only indication of the SARS view on ..

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Fasken

Directors beware: the court emphasises the importance of disclosure in Atlas Park Holdings (Pty) Ltd v Tailifts South Africa (Pty) Ltd

South African company law has long recognised the general rule that a contract made by a company with one of its directors, or with a company or firm in which that director is interested, is voidable at the instance of the company in question, unless the company’s s..

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Fasken

Key Aspects of South Africa’s much-anticipated Climate Change Bill

The Climate Change Bill [B9- 2022] was formally introduced to Parliament on 18 February 2022 by the Department of Forestry, Fisheries and the Environment. This comes more than three years after an earlier version of the Bill was first published for..

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Fasken

The (Green) Gold Rush

In his 2022 state of the nation address, President Cyril Ramaphosa said that the cannabis and hemp sector has the potential to create more than 130 000 jobs and he announced that government will streamline ‘regulatory processes so that the hemp and cannabis sec..

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