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Templars

The Contracts (Amendment) Act, 2023: Key Changes for Contracts with the Government of Ghana

The Parliament of Ghana passed the Contracts (Amendment) Act 2023 (Act 1114) in July 2023, to amend the Contracts Act, 1960 (Act 25) which has been in existence for the past sixty-four years. The Contracts Act primarily sets out third-party rights under contracts as well ..

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Appleby

Adapt and Evolve - the Financial Services Commission of Mauritius issues Guidelines for Digital Signature

On 23 October 2023, the Financial Services Commission of Mauritius (FSC) issued guidelines on the use of digital signature (‘Digital Signature Guidelines’). One of the avowed aims of the Digital Signature Guidelines is to establish a high leve..

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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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Scanlen & Holderness

Zimbabwe: New case on enforceability of choice of law clauses

The issue of choice of law has come to the forefront with the advent of the African Continental Free Trade Area (AfCFTA) and the increase in international agreements.

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ENSafrica

The Vinci Coffee controversy: government did not need to consult with local farmers by law

Despite the outrage following parliament’s recent damning report on an agreement between the Government of Uganda and Vinci Coffee without consultation with local farmers, government was not obliged by law to consult wi..

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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.

Performance Security Bonds in Tanzania

A Performance Security Bond (Performance Bond) is a contract of guarantee in which one party (the Guarantor) promises to discharge the liability of a third party in the event of default. Performance Bonds are designed to ensure the performance of duties by parties t..

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ENSafrica

What you need to know about NFTs and smart contracts

A non-fungible token, often referred to as an NFT, is a digital asset that represents real-world objects such as art, music, and videos on a blockchain. Some examples of NFTs include the Nyan Cat gif, Twitter founder Jack Dorsey's first original tweet, and a video o..

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KN Law

An Overview of Electronic Signing in Kenya

The constant progression of technology through innovations continues to revolutionize how people live and work. One key technological development is the emergence of electronic signatures (e-signatures) and advanced e-signatures. The use of these in place of written signa..

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