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

Baker McKenzie

South Africa: Green hydrogen policy - a rapidly growing timeline of important developments

As an essential component of South Africa’s energy transition, the production, transport, storage and use of green hydrogen, has been the subject of numerous policy updates and public and private sector commitments in the country, especially in the last year. The timeline..

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Adams & Adams

Attachment of Trademarks Registered in South Africa by a Foreign Entity to Found Jurisdiction in South Africa

Can trademarks that are registered in South Africa and owned by a foreign entity be attached to found or create jurisdiction in South Africa over the foreign entity? This question was considered by the Supreme Court of Appeal (SCA) in a judgment that was handed down in Se..

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Webber Wentzel

Winding up an external company in South Africa

Is it possible for creditors to apply for the winding up of a South African branch of a foreign company (“an external company”), even if the foreign holding company remains solvent, since the two entities are legally one and the same entity?

Although the registrati..

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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..

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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..

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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..

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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..

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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 ..

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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 ..

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