Welcome to Africa’s legal blog

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

Cliffe Dekker Hofmeyr

An analysis of the new amendments to the Retirement Benefits Act

The Retirement Benefits Act 3 of 1997 (Retirement Benefits Act) is an act that establishes the retirement benefits authority and provides for the rules and guidelines that employers should comply with and employees should be aware of, with respect to retirement benefits s..

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ENSafrica

ESG Objectives | The European Parliament gets serious about obligatory supply chain due diligence investigations

On 10 March 2021, the European Parliament adopted a resolution “EU Resolution” and issued recommendations including a draft directive “EU Directive” in respect of the corporate due diligence and accountability of undertakings with business activities in the EU. Once the E..

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Cliffe Dekker Hofmeyr

The beginning of an era: Certain sections of South Africa’s Cybercrimes Act have commenced and here’s what you need to know

There is no denying that rapid technological advancements and the use of various software, applications and data storage mechanisms have changed the way South Africans conduct themselves in business and on a personal level. These often indispensable technologies have expo..

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Baker McKenzie

South Africa: Green hydrogen policy - a rapidly growing timeline of important developments

As an essential component of South Africa’s energy transition, the production, transport, storage and use of green hydrogen, has been the subject of numerous policy updates and public and private sector commitments in the country, especially in the last year. The timeline..

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Adams & Adams

Attachment of Trademarks Registered in South Africa by a Foreign Entity to Found Jurisdiction in South Africa

Can trademarks that are registered in South Africa and owned by a foreign entity be attached to found or create jurisdiction in South Africa over the foreign entity? This question was considered by the Supreme Court of Appeal (SCA) in a judgment that was handed down in Se..

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Webber Wentzel

Winding up an external company in South Africa

Is it possible for creditors to apply for the winding up of a South African branch of a foreign company (“an external company”), even if the foreign holding company remains solvent, since the two entities are legally one and the same entity?

Although the registrati..

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Webber Wentzel

Secondary strikes: Constitutional Court upholds judgments of the Labour Court and Labour Appeal Court

On 12 November 2021, the Constitutional Court (CC) held in favour of mining employers in a historic secondary strike judgment*. Our employment team successfully represented several mining employers from the interdict stage at the Labour Court (LC) to the appeal stage at t..

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ENSafrica

Carbon Tax: Summary of selected recent developments

The Carbon Tax Act is a relatively recent piece of legislation having been passed into law with effect from 1 June 2019. It is likely that the pace of legislative amendments and administrative guidance will remain strong in the foreseeable future as organisations of all s..

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ENSafrica

Does section 45 of the Companies Act apply to foreign companies?

When setting out the rights and duties of companies and their various role-players, the Companies Act, 2008 (the “Companies Act”) uses a number of terms to distinguish between different types of entities. It is only by taking care to note which term the Companies Act uses..

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