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

ENS

Key considerations and compliance challenges as South Africa introduces new "failure to prevent corrupt activities offence" in section 34A of the Prevention and Combating of Corrupt Activities Act

A significant recommendation of the State Capture Commission, the introduction of a failure to prevent corruption offence, has been introduced in South Africa with effect from 3 April 2024. The Judicial Matters Amendment Bill was passed by the National Council of Province..

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Webber Wentzel

The Competition Commission publishes revised Public Interest Guidelines

On 20 March 2024, the Competition Commission of South Africa published revised Public Interest Guidelines relating to merger control. The Revised Guidelines follow the Draft Public Interest Guidelines, which were published for public comment in October 2023. Although the ..

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Cliffe Dekker Hofmeyr

The establishment of the Public Procurement Tribunal

The complex public procurement system in South Africa has been fertile ground for litigation over many years, and to say that law reports are replete with cases dealing with public procurement would be an understatement. Litigation in this context almost invariably brings..

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Michalsons

Makunga v Barlequins Beleggings t/a Indigo Spur | AI in court proceedings

Makunga sued Barlequins Beleggings t/a Indigo Spur for damages arising from a breach of contract. This is a good example of AI in court proceedings. Makunga represented himself and successfully used generative AI and Google to draft his heads of argument. The court dismis..

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Webber Wentzel

2024 Earnings threshold announced

The earnings threshold will increase to R254 371.67 with effect from 1 April 2024, entitling employees falling below the threshold to stricter protections in terms of labour legislation. It is the fourth consecutive annual increase to the threshold (following a period of ..

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ENS

Addressing increased cybersecurity threats to financial institutions: The FSCA and Prudential Authority’s response

In recent years, South Africa has experienced an increase in cybercrimes, cyberattacks, and security breaches, with banks and financial institutions being prime targets. Reports have found that stolen or compromised credentials and phishing scams are the primary attack ve..

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Webber Wentzel

Another reminder from the Companies and Intellectual Property Commission on beneficial ownership filings

A second customer notice from the CIPC reminds companies to file the required beneficial ownership and beneficial interest information and notes that enforcement action may be taken against continuously non-compliant companies. On 6 February 2024, the Companies and Intell..

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Michalsons

Casino Enterprise (Pty) Limited (Swaziland) v Gauteng Gambling Board and Others | Online Gambling

In the Casino Enterprise v Gauteng Gambling Board case, the court ruled that Gauteng’s gambling laws governed the activities of the Swaziland online casino. As a result, the company had to comply with these rules and obtain the necessary permissions. This case highlights ..

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ENS

Back to School: POPIA Do’s and Don'ts

As another academic year takes place, schools, educators, and staff must understand how the Protection of Personal Information Act, 2013 (POPIA) applies to them and what their obligations are under POPIA. POPIA, which came into full force and effect in July 2021, aims to ..

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