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JuristConsult Chambers

The offence of corruption in private entities in Mauritius

While corruption is typically associated with dishonest and fraudulent conduct in the public sector or by those who wield power, the fact remains that private sector corruption is also very much a reality and a lesser-known offence to the public.

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Appleby

The Financial Crimes Commission Act in Mauritius: strengthening efforts to combat financial crimes

The passing of the Mauritius Financial Crimes Commission Act on 21 December 2023 (the Act) marks a commendable and significant milestone in the country’s ongoing efforts to combat financial crimes. This comprehensive legislation establishes the Financial Crimes Commission..

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Webber Wentzel

New standard operating procedures for the investigation, search, access or seizure of cyber articles

The Standard Operating Procedures (SOPs) for the Investigation, Search, Access or Seizure of Articles in terms of section 26 of the Cybercrimes Act 19 of 2020 (CCA) were published by the Department of Police on 6 October 2023.​ The CCA creates legal mechanisms to address ..

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ENSafrica

Key considerations and compliance challenges as South Africa nears implementation of groundbreaking "Failure to Prevent Corrupt Activities Offence"

Arguably one of the most far-reaching recommendations of the State Capture Commission, the introduction of a failure to prevent corruption offence, is on the cusp of being introduced in South Africa. The Judicial Matters Amendment Bill (..

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Cliffe Dekker Hofmeyr

Recent amendments to South Africa’s non-profit organisation legislation in response to the FATF greylisting

In 2021, the Financial Action Task Force (FATF) released its Mutual Evaluation Report of South Africa, which summarised the effectiveness of South Africa’s anti-money laundering and counter-terrorism financing measures.

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ǼLEX

The Beneficial Ownership Register: implementing the Financial Action Task Forces recommendations on money laundering and terrorism financing in Nigeria

Section 119 of the Companies and Allied Matters Act (“CAMA”) 2020, in conjunction with the Persons with Significant Control Regulations (“PSC Regulations”) 2022, requires companies, Limited Liability Partnerships (“LLPs”), and by extension, foreign exempted companies unde..

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Webber Wentzel

The Financial Intelligence Centre Publishes Final Guidance for Crypto Asset Services Providers

The FIC has published final guidance for crypto asset services providers, which are listed as accountable institutions as of 19 December 2022.

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AXIS

Source of Funds and Source of Wealth are vital in battling money laundering and terrorist financing

Money laundering has emerged as a critical concern in today’s global financial system. It enables criminals to conceal the origins of illicitly obtained funds, posing significant threats to financial integrity and security. To combat this pervasive issue, it is cruc..

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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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