Legal Trends 2020

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Ante-nuptial contracts: The fine print of love

The month of February is synonymous with romance and roses as Valentine's Day takes centre stage once again. Often, in this heady state of love and romance, newly engaged couples shy away from discussing how exactly their finances and assets will be managed to their detriment...

By Nayna Cara 3 days ago

What comes first - production or the purchase?

While commodity prices are currently favourable, the general volatility of commodities in the South African market has often presented a barrier to mining companies accessing traditional forms of financing to enhance their liquidity...

By Lodewyk Meyer, Chantel van Zyl & Kira White 13 Feb 2020

Nersa welcomes court decision on Eskom

The National Energy Regulator of South Africa (NERSA) has welcomed the decision by the High Court in Pretoria to dismiss an urgent relief sought by Eskom...

13 Feb 2020

Directors not liable to shareholders for decrease in share value

In a recent hearing before the Gauteng High Court, Hlumisa Investment Holdings RF Ltd v Kirkinis 2019, the minority shareholders of a holding company attempted to use provisions of the Companies Act, No. 71 of 2008 (the Act) to claim damages from the directors of the company for the reduction in value of their shares...

By Janine Will 10 Feb 2020

#UniteBehind takes Minister of Transport to court over Prasa

Commuter activist group #UniteBehind has lodged a court application which aims to overturn the Minister of Transport's decision to appoint Bongisizwe Mpondo as the Administrator of the Passenger Rail Association of South Africa (Prasa). The application was submitted to the Western Cape High Court on 4 February...

5 Feb 2020

How will Brexit affect your trade mark in the UK?

The UK parliament has now ratified the EU Withdrawal Agreement that will enable the UK to formally "leave" the EU on 31 January 2020. This date will mark the beginning of an 11 month transition period, with the true exit date currently set as 31 December 2020 (Exit Day)...

By Ghadieja Khan, Leanne Mostert, Bernadette Versfeld and Carla Collett 30 Jan 2020

Contractors beware of new clauses in road tender deals

Sanral's recent tenders for the upgrades to the N2/N3 are worth millions, which is is great news for contractors in a sector that is in slump. But, law specialists warn that amendments to Sanral's standard contract make it much more difficult for contractors to deal with disruptions...

30 Jan 2020

When a company falls out with its CEO: lessons from South Africa's Old Mutual

A legal battle between Old Mutual, the South African-based pan-African investment, savings and insurance group, and its chief executive officer Peter Moyo has dominated news headlines in the country for the past eight months...

By Rehana Cassim 27 Jan 2020

#BizTrends2020: Directors' personal exposure will increase in 2020

If you are a director of a company engaged publicly you need to examine your role, responsibilities and potential liability as you go into 2020 because director's liability is expected to increase. This expectation is confirmed by the fact that claims against directors and officers liability insurers increased in 2019 and the trend is expected to continue markedly.

By Patrick Bracher 22 Jan 2020

Impact of free trade area in Africa will be huge

Member States of the African Union (AU) have a combined population of over 1.2 billion people and gross domestic product of more than $3.4 trillion - yet the continent accounts for less than 3% of world trade...

By Andrew Skipper 21 Jan 2020

Call for comments on guidelines to develop PoPI Codes of Conduct

Although there are still no clear indicators as to when the long-awaited Protection of Personal Information Act (PoPI) will come into force, there have been some recent PoPI related developments...

16 Jan 2020

Shoprite loses appeal, guilty of reckless credit lending

Shoprite Investments Limited has lost its appeal against the National Consumer Tribunal's ruling that it recklessly granted credit. The retail giant's appeal was dismissed with costs by the Pretoria High Court on 18 December 2019.

15 Jan 2020

#BizTrends2020: The future of flying drones in South Africa

Drones are becoming part of everyday life for people and businesses. The potential private and commercial applications are endless. But there are very few licenced commercial drone operators in the country, with many users operating drones illegally because of the cost and complexity of compliance. The authorities simply do not have the means to enforce compliance in all but the most egregious offences...

By Kiasha Nagiah 13 Jan 2020

SA, Ethiopia sign visa waiver for officials

South Africa and Ethiopia have signed an agreement on the waiver of visa requirements for holders of diplomatic or official/service passports...

13 Jan 2020

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