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

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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Bowmans

South Africa: Beware when acquiring tailings dams as part of a mine or mineral processing facility

The possibility of tailings dam failure, highlighted by the recent Jagersfontein tragedy, highlights the need for particular care when assessing the risks of a transaction in the mining and minerals processing sectors.

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CMS

New deadline looms for non-residential property owners

Come 7 December 2022, a substantial proportion of South Africa’s non-residential buildings will be required to submit and display an Energy Performance Certificate (EPC). The requirement, which was gazetted in December 2020, is aimed at making buildings in South Africa mo..

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Webber Wentzel

Do androids recognise electric sheep? South Africa's recognition of blockchain arbitration agreements

​​​​​​​​The enforceability of (foreign) blockchain arbitrations under South Africa's international arbitration regime might be difficult but there are possible solutions. As technology advances, a recurring tension is the ability of legal systems to cater for or inc..

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