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

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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ENSafrica

The scandal of food wastage: prepare for regulatory pressure

Worldwide, significant quantities of food are wasted at all points of the supply chain and across all commodities. At the retail level, large quantities of food are wasted due to quality standards that overemphasise appearance.

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Webber Wentzel

FSCA declares crypto assets a financial product

The Financial Sector Conduct Authority has published the first of what will be a series of regulations to manage crypto assets and their providers. Following its initial proposal on 20 November 2020, the Financial Se..

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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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ENSafrica

Grey-listing looming as South Africa rushes to meet tight deadline

It has been a little over a year since the Financial Action Task Force (“FATF”), an international initiative established to combat money laundering published..

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Werksmans Attorneys

Small mergers in digital markets are on the Competition Commission’s radar – Final guidelines on small merger notification

The Competition Commission of South Africa (Commission) recently published its final guidelines on small merger notification (Final Guidelines), approximately sixteen months after the Commission issued a draft for public comment.  The Final Guidelines expand on the t..

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