SOUTH AFRICANS WILL DRAW THE SHORT END OF THE STICK IN EXPROPRIATION

The debated constitutional amendment will create an arbitrary hierarchy of standards, in which South Africans sit at the very bottom Parliament is debating two bills, one amending the property clause (section 25) of the constitution and another replacing the 1975 Expropriation Act to allow the state to take “land and any improvements thereon” without any … Read more

AFRICA CONSTRUCTION LAW WEEK

HSF is proud to support the work of Africa Construction Law (ACL) and will be participating in the West Africa sub-regional session of the upcoming inaugural virtual conference. The virtual conference will bring together experienced construction law professionals from across the continent (West, East, North, South, Francophone and Lusophone) to discuss the infrastructural challenges faced … Read more

HOW SELLERS CAN ENSURE THEIR ASSET OR BUSINESS IS LEFT IN GOOD HANDS

Higher commodity prices have historically led to a commensurate increase in merger and acquisition (M&A) activity within the natural resources sector. Extraordinary economic growth in China during the period 2002-2012 resulted in supply shortages, driving up global commodity prices. In its Global Mining Deals Outlook (2013), PwC reported that the aggregate value of global mining … Read more

THE COMPLEX COMMERCIAL LITIGATION LAW REVIEW: SOUTH AFRICA

Overview In South Africa, a contract forms the basis of enforceable legal obligations and corresponding rights between two or more contracting parties. The South African law of contract is not codified, but finds its source in the common law, which changes and adapts over time. Contractual claims are easier to enforce where a written contract … Read more

AN INTERVIEW WITH HERBERT SMITH FREEHILLS LLP DISCUSSING M&A IN AFRICA

Lexology GTDT Market Intelligence provides a unique perspective on evolving legal and regulatory landscapes. This interview is taken from the M&A volume featuring discussion and analysis of legal developments, keynote deals as well as an insight into typical transactions within key jurisdictions worldwide. 1. What trends are you seeing in overall activity levels for mergers … Read more

AFRICA M&A OUTLOOK 2021

The following brief discussing our M&A predictions in Africa in 2021 accompanies our latest global M&A report, M&A in 2021, which you can download here. Covid and its consequences   It is still too early to know the full impact of COVID-19 given the heterogeneity of the continent, the uncertainty surrounding the evolution of the pandemic … Read more

NOTABLE DEVELOPMENTS IN SOUTH AFRICAN AND AFRICAN COMPETITION LAW IN 2020

This brief addresses notable developments in competition law in South Africa and across the rest of Africa during the course of 2020. It includes the measures introduced by various competition law regulators in light of the COVID-19 pandemic and related cases and prosecutions. Please click here for the detailed report. For more information, please contact … Read more

AfCFTA PROTOCOL MUST PROVIDE A FAIR REGULATORY ENVIRONMENT AND PROTECTION FOR INVESTORS

Authors: Peter Leon, Ernst Muller and Natasha Rachwal Negotiators have an opportunity to fashion a regime that supports modern investment policies by promoting sustainable development.  With less than three months before the expected conclusion of negotiations on the African Continental Free Trade Area’s (AfCFTA) protocol on investment increasing attention is being paid to the protocol’s … Read more

CATALYST // EXPLORING OPPORTUNITIES – M&A l BACK BUT DIFFERENT

Rarely have events accelerated so rapidly or so radically as they have in the course of the Covid-19 pandemic. We expect the crisis to operate as a catalyst for change and, as a result, there will be opportunities for those with capital to invest or a desire to expand. In this briefing we look at … Read more