Welcome to Africa’s legal blog

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

Cliffe Dekker Hofmeyr

Crypto fraud: Judge grants service, through NFTs, on unknown defendants

Cryptocurrency is yet another revolutionary invention in the online world. However, with innovation comes uncertainties, particularly in the legal field. This innovation requires us, like it, to redefine the parameters set in the past in the name of advancement. For..

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Fluxmans

Awards by default in Arbitrations

The Arbitration Act No. 42 of 1965 (the Act) provides for the settlement of disputes by arbitration tribunals where there is a written arbitration agreement and for the enforcement of awards delivered by the arbitration tribunals.  

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Webber Wentzel

Power plays in times of crisis

South Africa’s crippling electricity crisis was recently described by President Ramaphosa as an existential threat to the economy and social fabric. The country has experienced about 200 days of load shedding so far this year, which is approaching the 206 days recor..

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MWC Legal

Landmark Judgement: The Onus of Proving Land Title Validity Shifts to the Buyer

The Supreme Court of Kenya recently rendered a landmark decision in the case of Dina Management Limited v County Government of Mombasa and 5 others (Petition No. 8 (E010) of 2021), on 21 April 2023, carrying far-reaching implications for property investors and stakeholder..

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ENSafrica

Licensing of foreign lenders in Uganda: much ado about nothing

The Supreme Court of Uganda gave its judgment last week in the much-anticipated appeal by Ham Enterprises against Diamond Trust Bank Uganda and Diamond Trust Bank Kenya. The court held that a lending transaction between a foreign bank and a Ugandan borrower does not const..

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ENSafrica

New judgment shows that electronic contracts are becoming more acceptable in SA law

On 1 June 2023, the Johannesburg High Court published its judgment in the matter of FirstRand Bank Limited t/a Wesbank v Leon Gregory Govendor (we note that the spelling of “Govendor” in the neutral citation is different to that used in the ci..

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Adams & Adams

Back to College at the Supreme Court of Appeal

The Supreme Court of Appeal (SCA) of South Africa recently delivered a judgment in a trade mark infringement case between iCollege (Pty) Ltd (“iCollege”) and Xpertease Skills Development and Mentoring CC (“Xpertease”). The Court found that Xpertease’s use of a mark that c..

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Cliffe Dekker Hofmeyr

A game changer for taxpayer confidentiality: The Constitutional Court decides in a narrow 5-4 split decision

While public interest litigation is a common occurrence in South Africa, it seldom involves the area of tax law. However, pursuant to the Constitutional Court’s judgment Arena Holdings (Pty) Ltd t/a Financial Mail and Others v South African Revenue Service and Others[2023..

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Bentsi-Enchill, Letsa & Ankomah

The Foreign Investor Loses It All: A Cautionary Tale to Multinational Corporations

The Supreme Court of Ghana (Supreme Court) has on several occasions held that international business or economic transactions (IBET(s)) involving the Government of Ghana (Government) that are not approved by the Parliament of Ghana (Parliament) are unconstitutional. In th..

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