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

Bowmans

South Africa: Do not abuse process to silence critics

Civil society advocates, activists, and journalists play, among other things, a role in exposing or holding corporations accountable on matters of public interest. When confronted with negative publicity or scrutiny, well-resourced corporations have, on occasio..

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Werksmans Attorneys

Run Forest run! Considering the competition law implication of crypto currency and regulation one ought to say – Competition Commission start running!

The cryptocurrency sector is innovative and fast-moving. Cryptocurrency and crypt exchanges are attracting a lot of focus also as Crypto exchanges have achieved enormous success. But with success (and scale) comes competition law scrutiny, particularly in a sector where t..

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ENSafrica

New accountable institutions in terms of FICA

Amendments to the Financial Intelligence Centre Act, 2001(defining accountable institutions) were published on 29 November 2022. These will come into effect on 19 December 2022, ahead of the possible; of South Africa.

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Webber Wentzel

National Assembly passes a revised version of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill (Omnibus Bill)

On 22 November 2022, the National Assembly passed a revised version of the Omnibus Bill, which proposes to amend five pieces of legislation, including the Companies Act, 2008.

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Cliffe Dekker Hofmeyr

Drawing lines in the sand: The promulgation of new Preferential Procurement Regulations and what it means for organs of state and the public

On 4 November 2022, the Minister of Finance promulgated the Preferential Procurement Regulations, 2022 (2022 Regulations) in terms of the Preferential Procurement Policy Framework Act 5 of 2000 (PPPFA).

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Werksmans Attorneys

Tsunami of a Penalty as “Lucky Monopolist” gets Unlucky

In a rare display of its utmost displeasure, the Competition Tribunal this year imposed the maximum penalty for first time offenders of the Competition Act [1] on Tsutsumani Business Enterprise CC, being 10% of its to..

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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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Werksmans Attorneys

Information Officers take note! The right of access to information vs. The right to privacy

The right of access to information is a unique right in the Constitution of the Republic of South Africa, 1996 as it places an obligation on both public and private bodies to allow access to records held by them.

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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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