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Africa Business In Brief

issue 358 | 28 Jun 2020

issue 358
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In times of crisis and beyond: the imperative for sustainable development

natural resources and environment

25 Jun 2020
BY Stephen Levetan AND Dalit Anstey

Government and developers will be required to consider and strike a balance between all of the pillars of sustainable development in rebuilding South Africa during and post-COVID. 
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South Africa: Pretoria High Court rules the state must consider race when awarding COVID-19 relief funding to SMMEs

dispute resolution

25 Jun 2020
BY Aslam Moosajee AND Joshua Davis

On 19 June 2020, the Pretoria High Court handed down judgment in Democratic Alliance v President of the Republic of South Africa and Four Others
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Constitutional Court rules there is no automatic prescription or immunity for cartel conduct three years after the effect of the conduct has ceased

competition/antitrust

24 Jun 2020

The court has concluded in a unanimous decision that it is rational to interpret section 67(1) as a procedural time-bar and that non-compliance with the procedural time-bar can be condoned by the Tribunal on good cause shown.
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tax in brief | issue 48

tax

23 Jun 2020

tax in brief | issue 48
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Vicarious liability: Can an employer be liable for the intentional and wrongful conduct of its employees?

employment

23 Jun 2020
BY Brian Patterson AND Naa’ilah Abader

The concept of vicarious liability is not uncommon in the context of employment relationships. There is a plethora of cases dealing with the question of whether an employer may be liable to a third party arising from the conduct of its employees.
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Regulatory reforms in the Ugandan telecommunications sector

technology, media and telecommunications (TMT)

23 Jun 2020
BY Donald Nyakairu AND Tracy Kakongi

On 8 November 2019, the MICT released a set of regulations providing for a new licensing framework for telecommunications operators and the regulation of previously unregulated areas.
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POPIA to commence soon

technology, media and telecommunications (TMT)

22 Jun 2020
BY Ridwaan Boda , Era Gunning , Rakhee Dullabh AND Wilmari Strachan

The much anticipated and deeply needed Protection of Personal Information Act, 2013 (“POPIA”), which gives effect to the constitutional right to privacy in South Africa, will soon be law.
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Africa Business In Brief

issue 357 | 21 Jun 2020

issue 357
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South Africa: Coronavirus (COVID-19) | financial services during level 3

banking and finance

19 Jun 2020
BY Roger Rudolph , Angela Itzikowitz , Aslam Moosajee , Jessica Blumenthal , Johan Loubser AND Metumo Shilongo

This article focuses specifically on the financial services industry under level 3 with reference to the regulations made under the Disaster Management Act, 2002 on 29 April 2020.
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Constitutional Court: Fairness, reasonableness and proportionality are not free-standing principles to invalidate a contract or prevent the enforcement of its terms

dispute resolution

18 Jun 2020
BY Aslam Moosajee AND Joshua Davis

On 17 June 2020, the Constitutional Court handed down an important judgment providing clarity on the contested question of the correct approach to fairness in South African contract law.
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Taxpayer’s right to privacy trumps Public Protector’s powers

tax

17 Jun 2020
BY Arnaaz Camay

In a High Court of South Africa judgment, delivered on 23 March 2020 by Judge J. Mabusa, in the case of CSARS v Public Protector and Others, it was ordered that SARS was permitted to withhold taxpayer information from the Public Protector.
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POPIA “must haves”

technology, media and telecommunications (TMT)

17 Jun 2020
BY Era Gunning

While the Coronavirus (COVID-19) continues to affect every aspect of our lives, we cannot overlook the importance of privacy and data protection.
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Improved terms and conditions and the transfer of a business: what does South Africa law say?

employment

17 Jun 2020
BY Brian Patterson AND Dalene Moodley

The EAT in England recently handed down judgment dealing with the opportunistic improvement of employees’ terms and conditions of employment shortly before a transfer of business.
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ENSafrica: Coronavirus (COVID-19) legal update

Coronavirus (COVID-19) issue 9 | 17 Jun 2020

issue 9
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