Legal Trends 2020

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Abrahams & Gross

Practising law under the iconic Table Mountain, our hard-working team of attorneys and legal support staff always strive to be ethical, timeous, efficient and personal.

Companies prepare for the CIPC's new compliance checklist
Companies prepare for the CIPC's new compliance checklist

The Companies and Intellectual Property Commission (CIPC) has introduced a new requirement for all South African companies to declare their compliance with specific sections of the Companies Act...

By Madelein Burger, Elodie Maume, Cindy Leibowitz, and Marina Hodgkinson 19 Feb 2020

Image source: Getty/Gallo
#BizFinFocus: Time for central banks to face climate change

Seventy percent of central banks and regulators see climate change as 'major threat' to financial stability, but are split on where responsibility for action lies...

19 Feb 2020

Ante-nuptial contracts: The fine print of love
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 14 Feb 2020

Image source: Getty/Gallo
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
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
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
#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?
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
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

The dismissal of a chief executive is seldom given such publicity as has happened in the case of Old Mutual. Shutterstock
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
#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
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
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 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
#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
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

#BizTrends2020: South Africa - challenges and opportunities in the year ahead
#BizTrends2020: South Africa - challenges and opportunities in the year ahead

South Africa is experiencing a period of prolonged political and economic uncertainty, but the country's commitment to improving the local investment environment, combined with signs of future economic improvement, have resulted in increases in M&A value...

By Morne van der Merwe and Wildu du Plessis 8 Jan 2020

#BizTrends2020: Mining - the future in 2020: An optimistic forecast
#BizTrends2020: Mining - the future in 2020: An optimistic forecast

Mining remains one of the major contributors to the South African economy. In 2019, the mining industry saw a number of exciting developments. More interesting developments lie ahead...

By Athi Jara 6 Jan 2020

#BestofBiz 2019: Legal
#BestofBiz 2019: Legal

We've compiled our annual #BestofBiz 2019 lists across all our industries featuring our most popular articles, most-read contributors and brand press offices with the most views. Discover the most read content on Bizcommunity's Legal site over the past year below...

17 Dec 2019

Why investing in due diligence now will save you money later
Why investing in due diligence now will save you money later

Due diligence is a fundamental to sound practice - and yet so many companies overlook this fact, with grave consequences...

By David Loxton 12 Dec 2019

Cape Town seeks emergency hearing due to load-shedding crisis
Cape Town seeks emergency hearing due to load-shedding crisis

The City of Cape Town will request permission from the Judge President of the Gauteng High Court for an expedited hearing on its energy case, Cape Town's Acting Executive Mayor, Alderman Ian Neilson, has announced...

11 Dec 2019

South African Airways saga puts spotlight on role of directors
South African Airways saga puts spotlight on role of directors

There are at least four ways in which directors can be responsible for reckless or fraudulent trading...

By Maleka Femida Cassim 10 Dec 2019

Prasa placed under administration
Prasa placed under administration

Transport Minister Fikile Mbalula has dissolved the Passenger Rail Agency of South Africa (Prasa) interim board and placed the entity under administration with immediate effect...

10 Dec 2019

Bosasa - liquidation lessons learned
Bosasa - liquidation lessons learned

The sensational revelations that were made during the Zondo Commission of Enquiry into Allegations of State Capture, by, inter alia, the former COO of Bosasa, namely Angelo Agrizzi, shocked the entire country...

By Kylene Weyers and Stephan Venter 9 Dec 2019

Can a WhatsApp message be considered a binding contract?
Can a WhatsApp message be considered a binding contract?

In the era of social media and instant messaging, the courts are constantly challenged to develop the common law to accommodate the ever-changing environment. Recently, the Supreme Court of Appeal (SCA) was asked to pronounce on whether a WhatsApp message gave rise to an enforceable contract...

By Demi Pretorius 9 Dec 2019

Join the modern workplace with Microsoft Office 365 and Tarsus on Demand
Join the modern workplace with Microsoft Office 365 and Tarsus on Demand

Is tiresome admin pulling you away from business growth? Is client communication taking up too much of your time? This single software suite can help you automate your administrative tasks and communication to claim back your lost time...

Issued by Microsoft 2 Dec 2019

Innovation required to win war against counterfeits
Innovation required to win war against counterfeits

When it comes to fraud, the impact of the production and sale of counterfeit goods is just as detrimental to the economy as cyber crime and identity theft...

21 Nov 2019

Amendments to the B-BBEE Codes of Good Practice create unfairness
Amendments to the B-BBEE Codes of Good Practice create unfairness

The Department of Trade and Industry published amendments to the Codes of Good Practice on 31 May 2019 to be effective from 1 December 2019...

By Gideon Gerber, Issued by Starbright 19 Nov 2019

New exception to the loop structure prohibition for private individuals
New exception to the loop structure prohibition for private individuals

South Africa's exchange control regulations generally prohibit South African residents from holding an interest in a foreign company which, in turn, holds any interests or assets in a Common Monetary Area (CMA) country (so-called "loop structures")...

By Leanne Mostert, Keith Veitch, Donald Fisher-Jeffes, and Cameron MacKenzie 18 Nov 2019

Court to hear CoCT's plea to buy power from sources other than Eskom
Court to hear CoCT's plea to buy power from sources other than Eskom

On 11 and 12 May 2020, the City of Cape Town will ask the Court for a declaratory order that will enable it to choose the type of power that it provides. Currently, it is determined that the City must procure its electricity from Eskom...

15 Nov 2019

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