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

Sal & Caldeira Advogados

Control Agreement as Instrument of Perfection of Pledge of Bank Accounts Agreements

It is unquestionable that, nowadays, the access to credit, capital and other financial services is a very important means of financing, developing, and strengthening private sector investment in Mozambique. And it is understanding the crucial role of the securities to be ..

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Webber Wentzel

Third party cell captive conduct standard tabled in Parliament

The long-awaited conduct standard, "Requirements relating to third party cell captive insurance business" (2022 Conduct Standard), together with the Statement of Need and Intended Operation as well as the Consultation Report, was tabled in the National Assembly and Nation..

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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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ǼLEX

Trademark Infringement in Nigeria – Analysing the decisions in Fan Milk v. Mandarin Hotels

The question of what constitutes trademark infringement in Nigeria is fundamental in the protection of intellectual property rights. On 10th March 2022, the Federal High Court sitting in Abuja delivered two judgements and established cer..

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Bowmans

Uganda: Court clarifies foreign partnerships registration requirements

In a recent matter*, the Civil Division of the High Court of Uganda has ruled that a foreign partnership (this requirement also extends to local partnerships) that does not use the surnames of its partners must be registered with the Business Names Registry at the Uganda ..

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Bowmans

South Africa: ConCourt settles the law on various issues relating to large-scale retrenchments

On 6 May 2022, the Constitutional Court handed down judgment in the matter of Solidarity obo Members v Barloworld Equipment Southern Africa and Others (CCT 102/21) [2022] ZACC 15.

 

The case is an important one, in which the Court settles var..

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CMS

The successful allocation of the high-demand radio frequency spectrum

On 26 July 2019, the Minister of Communications published the Policy on High Demand Spectrum and Policy Direction on Licensing of a Wireless Open Access Network ("WOAN Policy") to tackle the spectrum scarcity of the country. Pursuant to the WO..

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TripleOKLaw

Probationary Contracts: Catch 22 of Probationary Contracts in Kenya - Part 1

There has been a whirlwind of jurisprudence on employment law relating to probationary contracts occasioned by a gamut of decisions of different courts of coordinate jurisdiction. This precarious situation unsettles the law, creates uncertainty, and in effect puts legal p..

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ǼLEX

Key innovations in Nigeria's Arbitration and Mediation Bill

On Tuesday, 10 May 2022 the Nigerian Senate passed the Arbitration and Mediation Bill (“the Bill”), which will repeal the Arbitration and Conciliation Act Chapter A.18, Laws of the Federation of Nigeria, 2004 which became law on 14 March 1988. The Bill now awaits the asse..

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