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Legal articles, South Africa

Recent lessons in determining fair value - Share valuation can be a contentious issue, especially if the valuation is left to the courts26/04/2023
Crypto Assets as Regulated Financial Products28/03/2023
Till Trust Do Us Part: Navigating the Complexities of Trusts in Divorce Proceedings22/03/2023
Registering Beneficial Ownership following South Africa’s Grey Listing03/03/2023
Selling your company or business? Make sure you have complied with your carbon tax obligations14/02/2023
Reality prevails as Hermès trumps MetaBirkins – Trademark Infringement and Non–Fungible Tokens (NFTs)09/02/2023
Fraud can unravel dreams of retirement01/02/2023
Nowhere to run or hide: Directors can be held personally liable for employee dismissals01/02/2023
Sorry, no more space for you.01/02/2023
Delving into the weeds01/02/2023
Doctor, doctor – your employee stole my bag!01/02/2023
The Importance Of Having Data Processing Agreements In Place When Engaging With Third Parties18/01/2023
POPIA - who is your information officer?14/12/2022
B-BBEE – still an integral part of state organs’ preferential procurement policies08/12/2022
South Africa Takes Steps To Regulate Crypto Assets 21/10/2022
(Unregulated) Crypto Assets – do your homework before joining the digital asset hype01/09/2022
Proposed changes to the Employment Services Act are on the horizon, it may be time to revisit the view11/08/2022
Where there is Smoke, you are Fired 04/08/2022
Proposed New Energy Initiatives For South Africa – Is This The Answer To Loathsome Loadshedding?03/08/2022
Damages: is your business covered?14/07/2022
Smile! The mask-wearing regulation has been repealed24/06/2022
ICASA’s Proposed Draft Regulations Tighten Processes For Shareholding Changes of ICT Licensees13/06/2022
Government tenders and the “invalid” regulations24/05/2022
Advising Scatec ASA on Project Bond, the refinancing of six solar projects in Egypt23/05/2022
Is your word your bond? The enforceability of verbal agreements06/04/2022
Oops! A failure to pay maintenance can haunt you for up to 30 years?28/02/2022
2022 Budget Speech Summary23/02/2022
Saying no to the jab could mean saying goodbye to your job 27/01/2022
Shacking up? You should have a Will or co-habitation agreement 14/01/2022
Adjudicators’ awards are final and binding09/12/2021
The Companies Amendment Bill, 2021 for public comment02/12/2021
Complainants of sexual harassment must report25/11/2021
Registered Trade Marks18/11/2021
Why Mauritius remains a preferred investment jurisdiction for South Africans09/11/2021
A South African guide to direct marketing04/11/2021
Updates to New Goods and Services Lists for the Oil and Gas sector in Angola01/11/2021
The impact of the cybercrimes act on electronic communication and service providers30/09/2021
Angola ratifies the ICSID Convention – Good news for inbound foreign investment20/09/2021
Navigating the choppy waters of offshore deceased estate administration17/09/2021
Proposed amendments to the Employment Equity Act and what they mean for your business. 13/09/2021
Further obligations of an information officer01/09/2021
What happens to a surety obligation when the principal debtor is in business rescue?26/08/2021
The broken telephone between the Companies Register and the Trademarks Register 19/08/2021
A lighthouse over rocky shores16/08/2021
The POPIA prior authorisation conundrum - What is prior authorisation, and do you need it for your business? 05/08/2021
Going to the workplace during the pandemic – the fine line between when employees should and shouldn’t be attending at the workplace during lockdown 03/08/2021
Client Guide: Navigating business operations post the recent civil unrest 29/07/2021
South Africa cements its lead in the African arbitration landscape12/07/2021
POPIA Alert: When does public interest trump your right to privacy?06/07/2021
With the POPIA deadline approaching, don't take your eyes off PAIA28/06/2021
Protecting your IP – think outside the box but make sure the box is locked24/06/2021
The newly enacted cybercrimes act and what it means for South Africans 15/06/2021
With(out) Prejudice31/05/2021
Copper, decarbonisation and dispute resolution31/05/2021
Court rules against Colgate-Palmolive and the Advertising Regulatory Board, in favour of Bliss Brands, declaring that the ARB is unconstitutional as against non-members24/05/2021
Advertising Regulatory Board - Friend or Foe (Judgement)24/05/2021
Bits or Bytes?18/05/2021
Advertising Regulatory Board - Friend or Foe?17/05/2021
Enforcement - Restraint of trade during COVID-19 17/05/2021
Why do business like its 2019?03/05/2021
Final liquidation order - not so final?03/05/2021
With less than 100 days to go until POPIA kicks in, the Information Regulator may be starting to flex its muscles14/04/2021
Angola’s diamond sector on a strong footing12/04/2021
I may not be (vacc)seeing you anytime soon, is it worth the shot? 09/04/2021
Coronavirus - Phased reopening of the economy - Mauritius 01/04/2021
Set – Off & Suretyships in the spotlight26/03/2021
Are you sure that your power of attorney is valid?15/03/2021
Some challenges associated with business rescue proceedings12/03/2021
8 steps to POPIA compliance 10/03/2021
Who can get divorced in South Africa?08/03/2021
Grossly unreasonable and aberrant disciplinary hearing outcomes and sanctions need not stand03/03/2021
Due diligence in Intellectual Property acquisitions 02/03/2021
Conducting credit checks on customers? You may require prior authorisation12/02/2021
Thinking of resigning with immediate effect? Think again.10/02/2021
On the right side of repudiation02/02/2021
Are you really giving your consent freely?28/01/2021
Lighting up before work - they can’t fire you – or can they? Whether or not smoking cannabis prior to commencing work constitutes a dismissible offence 26/01/2021
How and Why Parent Companies Should “Ground” Their Subsidiaries.11/12/2020
Oh Come All Ye Security Service Providers including but not limited to Manufacturers, Suppliers, Sellers of Security Equipment and Security Service Personnel07/12/2020
Discontinuation of cheques07/12/2020
Intellectual property transfers in M&A transactions – Capital controls01/12/2020
Trademark application and registration in South Africa30/11/2020
Are "agreements to agree" enforceable? 18/11/2020
Schrems II: The impact on South Africa17/11/2020
There is no such thing as a standard lease!17/11/2020
Employee incentive schemes: retaining and incentivising key employees during uncertain times 05/11/2020
Medium term budget adjustments 02/11/2020
Useful provisions to include in a will21/10/2020
Resigning with immediate effect in the face of a disciplinary sanction to be imposed – a classic case of dodging the bullet, or not! 14/10/2020
Tax Deductions for Home Expenses07/10/2020
Compliance Certificates | What you need to know29/09/2020
Transfer duty & Transfer costs21/09/2020
The Implementation of the Administrative Adjudication of Road Traffic Offences Act NO.46 of 1998 (AARTO) and the National Road Traffic Amendment Bill15/09/2020
Intestate Succession | What does it mean to die intestate?10/09/2020
Finally COVID-19 Relief which SHOULD lessen the load on the Employers but has it?10/09/2020
Environmental Legal Compliance Auditing | What is it and do I need to do it? 07/09/2020
Government did not interrupt my business with the Lockdown Regulations – COVID19 did: Time to pay up 31/08/2020
When is an antenuptial contract necessary? 31/08/2020
The Protection of Personal Information Act No.4 of 2013 (“POPIA”)27/08/2020
Buyer power provisions under South Africa’s competition law 20/08/2020
ATTENTION ALL BUSINESS OWNERS! You could be held vicariously liable for an employee’s abuse of power.04/08/2020
Coronavirus - Overview of the Quarantine Act 2020 – Mauritius 04/08/2020
Business Rescue Joint Venture with Growbridge Advisory24/07/2020
Taxation of Donors and Beneficiaries of Trusts13/07/2020
Remote due diligence investigations and unique considerations for mergers and acquisitions during the ‘new normal’.06/07/2020
Alert Level 3 - POPIA23/06/2020
Algeria: The end of the 51/49 rule, the beginning of a new era for foreign investments in renewables?11/06/2020
Algeria: Minister of Energy announces plans to increase solar capacity by 4GW by 202411/06/2020
Free investment in Algeria: background and key points of the new law10/06/2020
Celebrating World Environment Day 202005/06/2020
COVID-19 daily legal roundup 04/06/2020
Is your Organisation POPIA Ready?29/05/2020
Repo Rate Reduction22/05/2020
KZN Legal Update: Consumer Protection Act12/05/2020
Occupational Health and Safety Alert: When Working from Home does the Home become a Workplace and What happens if you are Injured at Home? 08/05/2020
Lockdown Alert Level 4 "Once of Movement"08/05/2020
Update (3): Parents' Righs to Care and Contact their Children during Lockdown Level 407/05/2020
Coronavirus - Occupational health and safety measures in workplaces – South Africa04/05/2020
Covid-19 Tax Legislation Update04/05/2020
Coronavirus - Occupational health and safety measures in workplaces – South Africa04/05/2020
Memorandum on Covid-19 - Directive issued by the Minister of Employment and Labour on 29 April 202002/05/2020
Coronavirus - Alert level 4 lockdown regulations – South Africa30/04/2020
Extended Lockdown period - ICT as essential service23/04/2020
Employment law newsletter21/04/2020
New Certificate required for the Lockdown Extension21/04/2020
Updated Parents' Rights17/04/2020
Life After Lockdown17/04/2020
Repo-rate reduction - South Africa 15/04/2020
Covid 19 – What next?14/04/2020
Coronavirus - Disaster Management Act regulations - South Africa08/04/2020
Protecting Intellectual Property during Lockdown07/04/2020
Coronavirus - Competition Tribunal: excessive pricing complaint referrals - South Africa04/04/2020
Coronavirus - Block Exemption for the Retail Property Sector – South Africa03/04/2020
Coronavirus - Further Extensive Amendments to the Regulations – South Africa03/04/2020
Coronavirus - FAQs on employment law - Tunisia02/04/2020
Coronavirus – Department of Transport Regulations – South Africa 01/04/2020
Coronavirus - Litigation during lockdown – South Africa 31/03/2020
Litigation during Lockdown in South Africa31/03/2020
Trade marks Relating to the Coronavirus 26/03/2020
Coronavirus – Does the Mine Health and Safety Inspectorate and the Department of Employment and Labour have the power to issue Compliance Instructions, Force Majeure, and Covid-19 as an Occupational Disease?25/03/2020
Coronavirus - South Africa’s Mining and Natural Resources Sector is resilient and can survive Covid-1925/03/2020
Coronavirus - Is Covid-19 a force majeure event? 25/03/2020
Changes to the implementation of the CIPC Mandatory compliance checklist23/03/2020
Coronavirus - Occupational health and safety – South Africa19/03/2020
Coronavirus - Rights and obligations of employers and employees – South Africa17/03/2020
Coronavirus: Occupational Health and Safety Alert – South Africa16/03/2020
Coronavirus - Employment law update - South Africa12/03/2020
Overhauling the Arbitration Foundation of Southern Africa 03/03/2020
To Vary or Not to Vary, that is the (Digital Age) Question03/03/2020
The grey area between ‘legally prescribed’ and ‘industry standard’ liability provisions02/03/2020
Tax Proposals in the 2020 Budget 28/02/2020
Exemption from Transfer Duty – Budget Speech 202027/02/2020
Mandatory completion by companies of the CIPC compliance checklist 21/02/2020
Tanzania proposes arbitration reforms amid investor backlash18/02/2020
New Mandatory Code of Practice Guidelines issued in terms of the Mine Health and Safety Act 30/01/2020
Consumer Alert: Risk of not registering as a credit provider 30/01/2020
Commencement of the Protection of Personal Information Act – 1 April 202028/01/2020
Requirements for Providing Guarantees16/12/2019
The Do’s and Don’ts in Durban this Festive Season10/12/2019
Individual employees cannot rely on section 187(1)(c) of the LRA to claim that their dismissals are automatically unfair - jacobson v vitalab (lc) (unreported case no js 1042/19, 28-5-219) (van niekerk j)05/12/2019
Harmonising corporate governance framework for South African mining companies: King IV, companies act and the mining charter05/12/2019
Was greta right about us?04/12/2019
If a tree falls in the forest…04/12/2019
Electronic waste - The toxic legacy of our digital age03/12/2019
Private Companies in South Africa: Practical and Legal Considerations Concerning Acquisitions and Disposals 29/11/2019
Have you made full disclosure in your tax return? 19/11/2019
Dividend Stripping Provisions in Updated Tax Bills06/11/2019
Is that an alien in my backyard? 30/10/2019
The ARB’s sobering decision on “non-alcoholic” beverages24/10/2019
A fully electronic deeds registry system to be introduced 17/10/2019
Resource nationalism on Tanzanian agenda15/10/2019
Our Clean Energy and Sustainability Strategy in Africa15/10/2019
If a tree falls in the forest…08/10/2019
Tunisia: Renewable energy projects update17/09/2019
An alternative purchase price mechanism for M&A transactions12/09/2019
The Laws of Life with Garry Hertzberg - How to deal with Employees: Poor performance, incapacity and ill health10/09/2019
Selling your property? You have the right to choose your conveyancer 06/09/2019
Legal Factors every non-profit must consider before expanding into new countries- The NGO Whisperer Magazine04/09/2019
Department of Environmental Affairs | Requirement to submit a report generated by the national web based environmental screening tool30/08/2019
Mali's new mining code ends tax exemptions, shortens regulatory stability period27/08/2019
Africa: Botswana launches RfQ as part of 100 MW solar tender27/08/2019
The Property Sector Transformation Code: Estate agent’s take note16/08/2019
The Laws of Life with Garry Hertzberg - The Mining Industry in South Africa (PODCAST)13/08/2019
Could shareholders inadvertently cancel their Shareholders Agreement?02/08/2019
Private prosecution of BP Southern Africa Proprietary Limited01/08/2019
Waste exclusion regulations, 2018 - Moving towards a circular economy01/08/2019
Financial Provision Regulations 201901/08/2019
Environmental newsletter, Edition 1 - South Africa 01/08/2019
Tunisia: STEG Launches Three International Calls for Tenders25/07/2019
Eversheds Sutherland launches African mining team - African Law Business22/07/2019
Concerns remain around ‘much improved’ 2019 mine rehab financial provision regulations19/07/2019
Douglasdale PS Blood Drawing Incident “Unlawful” Says Top Attorney, Tasso Anestidis17/07/2019
The fourth industrial revolution, automation, the internet of things and artificial intelligence can have a positive impact on mining, natural resources, and infrastructure sectors13/06/2019
Private prosecutions – the changing face of compliance in South Africa 13/06/2019
Health and safety in the workplace: how important is it?13/06/2019
Has the publication of Mining Charter 3 brought some policy and regulatory certainty to the embattled mining and natural resources sector?13/06/2019
The significance of force majeure provisions on contractual arrangements13/06/2019
Engaging with communities – has the Minister of Mineral Resources been tied up in knots?13/06/2019
Disruption in the African mining and natural resources sector 13/06/2019
Betting and Gaming amendments for South Africa 12/06/2019
South Africa’s carbon tax could lift its PV industry29/05/2019
Businesses take note: The Carbon Tax Act is coming into effect 28/05/2019
Mining charter III provisions seen by some as too onerous for junior miners24/05/2019
Eversheds boosts local team to build repute with mining operators21/05/2019
Former PwC Tax Specialist joins Eversheds Sutherland as Head of Tax20/05/2019
Tax Alert: South Africa's employment tax incentive17/05/2019
Tax partner joins Eversheds Sutherland in Johannesburg15/05/2019
Eversheds Sutherland gains South African tax expertise14/05/2019
Hogan Lovells mining team heads to Eversheds Sutherland13/05/2019
Title Deeds new Regulations 04/02/2019
PoPIA Regulations14/01/2019
Zambia: Zambia opens prequalification for Small Hydro Tender - Round II 03/01/2019
Employment update - November 201830/11/2018
Minimum wage and paternal leave addressed30/11/2018
CIPC Guideline: Managing the risk of Corruption27/11/2018
Commodities bulletin: metals and minerals23/11/2018
Commodities Bulletin: Sugar22/11/2018
Commodities bulletin: grains & oilseeds22/11/2018
Commodities bulletin: dairy22/11/2018
Commercial Court Practice Directive 21/11/2018
Decriminalisation of Cannabis | Residential Housing Estates and Sectional Title Schemes07/11/2018
A leading light in Africa’s bright future22/10/2018
Energy and Commodities Brief11/10/2018
National Air Emissions Standards: Application for Postponement of Compliance Time Frame05/10/2018
Global employment briefing: Egypt, October 201803/10/2018
Global Employment briefing: South Africa, October 2018 03/10/2018
Global employment briefing: Tunisia, October 201803/10/2018
Environmental Law team brief01/10/2018
Potential Companies Act Amendments25/09/2018
Advising your environmental foot print - ISO 14001:2015 Environmental Management System10/09/2018
Commodities bulletin: Dairy06/09/2018
Employment case studies – South Africa17/08/2018
Opening the lock gates to the potential of the waste economy13/08/2018
The Constitutional Court gives the final word on Labour Brokers27/07/2018
Attention all Security Service Providers: Cut-off date for the renewal of old PSiRA registration certificates is 30 November 201823/07/2018
Proposed amendments to the VAT Regulations on the supply of electronic services in South Africa07/06/2018
Commodities Bulletin: Sugar31/05/2018
Operational options occasionally open to employers23/04/2018
SARS issues Media Release on tax implications of Cryptocurrencies12/04/2018
The Dawn of a New Age – The introduction of a new financial services regulatory model 22/01/2018
Egypt: 600 MW BOO PV Tender19/12/2017
Zambia: GET FIT 100 MW Tender 14/12/2017
FICA Amendments: What you need to know 13/12/2017
Cancelling a holiday booking? Your rights under the Consumer Protection Act21/11/2017
Did I mistakenly cancel my agreement via email?01/11/2017