Welcome to Africa’s legal blog

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

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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Bowmans

South Africa: The end of maternity leave

On 25 October 2023, the Gauteng Division of the High Court of South Africa in the matter between Van Wyk Others v The Minister of Employment and Labour delivered a judgment which may, for the interim, abolish maternity leave as provided for in the Basic Conditions of Empl..

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Webber Wentzel

Open Finance: Compulsory information request for all financial institutions and fintechs

In June 2023, the Financial Sector Conduct Authority (FSCA) published a draft Position Paper on Open Finance (Draft Position Paper) which builds on the FSCA's initial assessment of the Open Finance landscape published in its 2020 Consultation and Research Paper on R..

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IBN Immigration Solutions

Unlocking Opportunities: The Trusted Employer Scheme in South Africa

In a recent development that could significantly impact the corporate landscape in South Africa, the Trusted Employer Scheme was officially announced in regulations published on October 11, 2023. This scheme introduces a..

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Webber Wentzel

Virtual Wheeling 101

Electricity wheeling mechanisms play a key role in facilitating the optimal integration of renewable energy resources into the grid. Wheeling across high and medium-voltage lines has been the focus of Eskom's wheeling strategies to date, but the proposed introductio..

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