Welcome to Africa’s legal blog

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

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..

Read More
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..

Read More
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..

Read More
Bowmans

South Africa: Ground-breaking Constitutional Court ruling on the role of the competition authorities in promoting the right to healthcare

The Constitutional Court decision handed down on 15 October 2021 in Competition Commission of South Africa v Mediclinic Southern Africa (Pty) Ltd and Another may have far-reaching consequences for both merger review and adjudication of complaints under the Competition Act..

Read More
Spoor & Fisher

Are South Africa’s IP laws keeping up with technology innovation?

Constituting a world first in a field that has traditionally been hostile to “artificially intelligent” inventors, South Africa’s patent office granted a patent in July 2021 to an invention created by an AI system.

The invention that received the go-ahead is for a ..

Read More
ENSafrica

SCA decision in CSARS v Spur Group (Pty) Ltd

Taxpayers who have made contributions to, in particular, share incentive trusts and claimed a deduction under section 11(a) of the Income Tax Act, 1962 (“the Act”) on the basis that such payment was, inter alia, aimed at creating a “happy and contented” workforce through ..

Read More
ENSafrica

Extraterritorial Application: GDPR vs POPIA

Existing GDPR policies and documents can readily be adapted for POPIA compliance and vice versa. In this article, we briefly detail the general application of the EU General Data Protection Regulation 2016/679 (“GDPR”) and the P..

Read More
Webber Wentzel

Draft Companies Amendment Bill - snapshot of key proposed amendments

A new draft of the Companies Amendment Bill has been published. Although the Bill clarifies many important company law issues; several ambiguities related to the current Act remain.
Read More
Webber Wentzel

2018 Mining Charter is policy, not law!

The High Court has ruled that the 2018 Mining Charter is policy, not law, and has set aside various aspects of the Charter as unconstitutional. While sound, this judgment is likely to be appealed.

Read More
Subscribe to our newsletter