Welcome to Africa’s legal blog

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

Bowmans

Tanzania: Civil Case No. 7 Of 2019 Ivanna Felix Teri (Plaintiff) Vs. Viettel Tanzania Plc. (Defendant) and Set Up Company Ltd. (3rd Party)

On the 7th of March 2022, the High Court considered the principle of the right to privacy and dignity. In the suit, the Plaintiff claimed a sum of Tshs 800,000,000 as damages for unlawfully using her pictures in marketing and promoting the Defendant's business witho..

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KN Law

High Court Muddies the Waters on Enforcing Lending Securities

A recent High Court ruling will have lenders scratching their heads on how to best secure facilities they issue and enforce full repayment. The High Court, in a decision we expect to be challenged, held a lender who had been allowed to purchase the property securing ..

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Bowmans

Kenya: NSSF Act, 2013 declared constitutional by Court of Appeal, higher contribution rates now in effect

The Court of Appeal has set aside the judgment of the Employment and Labor Relations Court (ELRC) that declared the National Social Security Act, 2013 (NSSF Act) unconstitutional. 

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Bowmans

Uganda: High Court reiterates process and jurisdictional immunity enjoyed by multilateral development banks

In a recent ruling in the case between M/s Semuyaba, Iga & Co Advocates & Anor v Attorney General of Republic of South Sudan and Two Others, the High Court of Uganda has held that unless authorised, the branch office of an international corporation is generally no..

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Webber Wentzel

SCA hands down important judgment for the mining industry

​​​​​​​​In a judgment handed down by the SCA on 18 November 2022, several key South African mining and mineral law principles were enforced. The SCA also emphasised points that a mining rights applicant should keep in mind.

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Bowmans

Kenya: It is discriminatory to provide different terms and conditions of employment to permanent and temporary employees in the same cadre

On 30 November 2022, the Employment and Labour Relations Court allowed a claimfiled by former temporary employees of KCB Bank Kenya Ltd alleging unfair labour practices and discrimination ..

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Adams & Adams

Zurich Insurance Company 'hit by rock mass' in the Gautrain Tunnel

The Supreme Court of Appeal (“the SCA” hereinafter) recently delivered a judgement in a matter involving Zurich Insurance Company South Africa LTD (“the insurer”) and the Gauteng Provincial Government (“the insured”), bringing to an end litigation that commenced early 201..

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Cliffe Dekker Hofmeyr

Challenging the authority of management or merely seeking clarity: When does insubordination occur

Insubordination is the wilful failure or refusal to obey a lawful and reasonable instruction given by a superior. This is different from insolence, which is rudeness, cheekiness or disrespectful behaviour. The Labour Court in Independent Risk Distributors SA (Pty) Ltd v C..

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Webber Wentzel

Radio DJ: 15 years later and still not an employee

A recent Labour Court judgment applied the dominant impression test to establish whether a radio DJ was an employee of the SABC or an independent contractor. The Court concluded that the DJ was not an employee and serves to remind employers and individuals that the contra..

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