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ENSafrica

The National Assembly passes Public Procurement Bill: A giant leap towards procurement reform

Public procurement processes in South Africa have long been in need of an update.  After 24 years under the current legal framework, the courts have developed a rich body of case law as government departments and state-owned enterprises have contracted for good..

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Webber Wentzel

New standard operating procedures for the investigation, search, access or seizure of cyber articles

The Standard Operating Procedures (SOPs) for the Investigation, Search, Access or Seizure of Articles in terms of section 26 of the Cybercrimes Act 19 of 2020 (CCA) were published by the Department of Police on 6 October 2023.​ The CCA creates legal mechanisms to address ..

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Bowmans

South Africa: Positive developments on proposed amendments to the Companies Act

Following the hearing of public comment on the proposed amendments to the Companies Amendment Bills published in September, revised drafts of the Bills have now been sent to the National Counsel of Provinces. 

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Norton Rose Fulbright

South African court refuses to enforce a foreign judgment

The South African High Court in Pretoria refused to grant an application seeking to enforce an interdict granted by a Bermudan court against a South African company that was at no stage present in Bermuda and did not submit to its jurisdiction. The court applied the princ..

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Herbert Smith Freehills

The Department of Water and Sanitation calls upon the public to comment on the Draft National Water Amendment Bill (B – 2023)

On 17 November 2023 the Department of Water and Sanitation published the long overdue suite of proposed amendments to the National Water Act, 1998 (the Act). If the draft National Water Amendment Bill (B – 2023) (the Bill) is adopted..

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ENSafrica

Key considerations and compliance challenges as South Africa nears implementation of groundbreaking "Failure to Prevent Corrupt Activities Offence"

Arguably one of the most far-reaching recommendations of the State Capture Commission, the introduction of a failure to prevent corruption offence, is on the cusp of being introduced in South Africa. The Judicial Matters Amendment Bill (..

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Webber Wentzel

The anticipated legislative overhaul to existing maternity and parental leave provisions: Frequently Asked Questions

In a recent judgment, the High Court has ruled that all classes of parents (birthing parents, adoptive parents and surrogacy commissioning parents) should be afforded a collective four months of parental leave. In this judgment, the High Court has proposed, among ot..

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Bowmans

Proposed Guidelines on the Approach to Public Interest in Merger Control

The Competition Commission (Commission) has published Draft Amended Public Interest Guidelines relating to Merger Control (Guidelines). The Guidelines are aimed at providing clarity to businesses and practitioners on the Commission’s approach to the assessment of the..

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Werksmans Attorneys

National Treasury sees the light regarding foreign employers

The latest feedback received from National Treasury regarding the proposal to require foreign employers to register for employees’ tax (Pay-As-You-Earn) has been significantly watered down but questions remain on the revised proposal.

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