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When are companies obligated to pay salaries during lockdown?

employment

07 Jul 2020
BY Brian Patterson AND Nomampondo Banzi

Many businesses have struggled to survive during lockdown and have subsequently applied to the High Court for business rescue. A key question that arose was whether the restaurants were obligated to pay their employees during the lockdown.
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Impact investing: Accessing ESG Capital in the Debt Capital Markets

banking and finance

07 Jul 2020
BY James Brand , Jessica Blumenthal , Dean Rose AND Dalit Anstey

ESG considerations are moving into the mainstream. Recent amendments to the JSE Debt Listings Requirements further expand available opportunities for issuers to issue and investors to take up sustainability-linked instruments.
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ENSafrica’s IP team lauded for African capability and female excellence in IP

intellectual property (IP)

07 Jul 2020

ENSafrica’s IP team was recently commended by two leading publications in the IP industry.
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Nil stamp duty payable on securities effective 1 July 2020

banking and finance

07 Jul 2020
BY Rachel Musoke AND Sheila Pacuto

Debentures, equitable mortgages and further charges which previously incurred stamp duty ranging from 0.5% to 1% of the secured amount, will now incur nil stamp duty.
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Uganda: Should an under declaration of consideration void a land transaction, and which court is to be followed?

real estate / property

07 Jul 2020
BY Phillip Karugaba AND Brian Wanyama

Failure to pay the right duty does not amount to fraud within the meaning of Section 77 and 190 of the RTA, but breach of a legal duty.
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The validity of an arbitration clause if the agreement is induced by fraud

dispute resolution

07 Jul 2020
BY Michael Gradidge

Is a dispute resolution clause in a contract that came about as the result of fraud and misrepresentation regarded as invalid?
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SCA squashes shareholders’ damages claims against directors for breaches of the Companies Act

dispute resolution

07 Jul 2020
BY Michael Gradidge

It was previously thought that shareholders had a right to claim directly against directors for contraventions of the Companies Act, 2008.
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Take heed of your bank’s requests

dispute resolution

07 Jul 2020
BY Aslam Moosajee AND Shenaaz Munga

This judgment highlights the importance of complying with requests from your bank in order to ensure the proper operation of your account. 
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Is a separate debarment enquiry in terms of FAIS necessary?

dispute resolution

07 Jul 2020
BY Aslam Moosajee AND Shenaaz Munga

It is clear from this judgment that it is not necessary to hold separate disciplinary and debarment enquiries if the disciplinary enquiry could also impact on whether the FSP’s representative is fit and proper in terms of the FAIS Act. 
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Update: Leave to appeal granted on narrow grounds in relation to the Pretoria High Court judgment which declared the level 3 and 4 regulations unconstitutional

dispute resolution

07 Jul 2020
BY Aslam Moosajee AND Joshua Davis

On 30 June 2020, Judge Norman Davis granted the state leave to appeal the decision in Reyno Dawid de Beer and Others v Minister of Cooperative Governance and Traditional Affairs (“COGTA”)
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tax in brief | issue 49

tax

07 Jul 2020

tax in brief | issue 49
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Privacy law is likely to be extra business cost

06 Jul 2020
BY Ridwaan Boda AND Era Gunning

Companies in SA may see their costs rising in an effort to comply with the long awaited Protection of Per sonal Information Act
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African brand survey paints a bleak picture of... African brands

intellectual property (IP)

06 Jul 2020
BY André J Maré

On 26 May 2020 The Star newspaper reported on the recently published Brand Africa 100 Best Brands 2020 report. The heading used was “Africa not creating more competitive brands to meet needs of its growing consumers – survey”.
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Hermès: How WWII shortages led to the creation of an iconic brand

intellectual property (IP)

06 Jul 2020
BY Liézal Mostert

An interesting article entitled “A Shortage of Product Packaging During WWII Led to the Birth of Hermès’ Famous Orange Color Mark” from US publication The Fashion Law on 22 May 2020, forms the basis of this article.
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Can “Black Lives Matter” be trade marked?

intellectual property (IP)

06 Jul 2020
BY Ilse du Plessis

Recent reports in the publication World Trademark Review (“WTR”) has reported that many have jumped on the “Black Lives Matter” bandwagon and started filing some pretty dodgy trade mark applications.
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