THE (IN)CONVENIENCE OF REPLICATED BOARDS

    Authors: Sarah Burman and Thandeka Diremelo It is a common feature of corporate group structures for boards to be replicated throughout different entities within the group. There may be many reasons to do this, but a common reason is to ensure that the policies of the group, which are usually set at the holding company … Read more

    THE UNREGULATED TERRAIN OF HISTORIC MINE DUMPS IN SOUTH AFRICA

    Authors: Patrick Leyden and Aobakwe Mametse The term ‘mine dump’ is usually used to refer to waste that is consequential to mining operations and comprises of tailing, slimes, waste rock, sand or other residue that is produced during the course of conducting mining operations. In recent times mine dumps have become more than just the … Read more

    REGULATIONS AND NOTICES PUBLISHED UNDER THE CARBON TAX ACT

    Authors: Justine Sweet and Amanda Hattingh On Friday, 19 June 2020, under the Carbon Tax Act, 2019, the Minister of Finance (the Minister) published: The Regulations on the Greenhouse Gas Emissions Intensity Benchmark prescribed for purposes of section 11 of the Carbon Tax Act (the Emission Intensity Benchmark Regulations) (GN697 in GG43452); The Regulations on … Read more

    ARBITRATION FOUNDATION OF SOUTH AFRICA (AFSA) LAUNCHES NEW ARBITRATION RULES FOR PUBLIC CONSULTATION

    Author: Jonathan Ripley-Evans, Craig Tevendale and Gregory Travaini On Wednesday, 1 July 2020, the Arbitration Foundation of South Africa (AFSA), launched its new International Arbitration Rules for public comment. The international Drafting Committee was chaired by Professor Dr. Maxi Scherer and included other high profile individuals including Ndanga Kamau, Jennifer Kirby, Lise Bosman, Chiann Bao, … Read more

    A Perfect Storm: negotiating African M&A deals in these times of COVID-19, low oil and gas prices, currency fluctuations, increased nationalism and increased focus on ESG

    Author: Rebecca Major In spite of the current economic and sanitary climate, we are seeing, and expect to continue to see, M&A deals in Africa, including in particular: deals already agreed before COVID-19/the drop in oil and gas prices; sellers looking to sell to raise money; and buyers with cash/available credit lines looking to leverage … Read more

    CONSTITUTIONAL COURT WEAKENS THE STATUTE OF LIMITATION AGAINST THE PROSECTUTION OF A PROHIBITED PRACTICE MORE THAN THREE YEARS AFTER IT HAS CEASED

    Author: Lesetja Morapi On 24 June 2020, the Constitutional Court (“Court”) issued its decision in the Competition Commission’s appeal from the Competition Appeal Court (“CAC”) in Competition Commission v Pickfords Removals SA (Pty) Ltd (CCT123/19) [2020] ZACC 14. The judgment dealt with: 1.1 the effective date of complaint initiation into a prohibited practice in circumstances … Read more

    POPI COMMENCEMENT DATE ANNOUNCED – HERE’S WHAT YOU NEED TO KNOW

    Authors: Rohan Isaacs and Tatum Govender The President has (finally!) announced that the operative provisions of the Protection of Personal Information Act, 2013 will come into force on 1 July 2020. What is POPI? POPI is South Africa’s data privacy law and it stands for the Protection of Personal Information Act, 2013. It is sometimes … Read more