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ǼLEX

A Review of the Contractor's Power

When project owners refuse to pay contractors or have denied them access to the construction sites, contractors react in several ways. One such reaction is to suspend further performance of works until payment is made or access to the site is given. However, the contracto..

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Clyde & Co.

South Africa: Caution to insureds seeking to obstruct an insurer's access to information

 

In what is a rare win for an insurer in recent times, the court’s judgment in Musa v King Price Insurance Co on 9 May 2022 highlights the importance of insureds abiding by their claims cooperation obligations. The court's ..

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Werksmans Attorneys

Is it time for a section 150A LRA intervention in the Sibanye-Stillwater deadlock

After a lengthy period of striking – nearly 3 (three) months – over wage increases at Sibanye’s gold operations, the time is ripe for the type of intervention envisioned un..

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ALN

Data Localisation Requirements under the Data Protection Act

On 23 March 2021, Zambia’s Parliament enacted the Data Protection Act No 3 of 2021 to regulate the c..

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Bowmans

Mauritius: 20 years of The Companies Act – what’s next

2021 marked the 20th anniversary of the Mauritian Companies Act 15 of 2001, which was approved in May 2001 and enacted by Parl..

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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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OALP

The Proceeds of Crime (Recovery and Management) Act, 2022: Revitalizing Nigeria’s Anti-Graft War

On 12 May 2022 the Proceeds of Crime (Recovery and Management) Act came into effect. Drawing from local experience in the anti-graft war, and noticeably influenced by international instruments such as the UN Convention on Corruption, the..

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Cliffe Dekker Hofmeyr

Almost 10 years in, and still no hope of being rescued: BRP slapped with personal punitive costs order

The recent case of Commissioner for the South African Revenue Services v Louis Pasteur Investments (Pty) and Others may be the first of its kind to admonish the actions of a business rescue practitioner (BRP) by granting ..

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IKM Advocates

Public accounting officers cannot be glorified clerks

In recent years, there have been a number of media reports about procurement malpractice and misuse of public funds by public officers entrusted with such duties.  The reports tend to elicit a lot of public indignation and debate has often centered around who s..

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