Principles regarding claims for unlawful arrest and detention
19 May 2025
BY Aslam Moosajee AND Zameer Omar
There exists a substantial body of South African case law that articulates the principles governing unlawful arrest and detention. The jurisprudence also canvasses the manner in which claims for damages arising therefrom are adjudicated.
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Uganda’s Judiciary: Curbing Executive Overreach
19 May 2025
BY Phillip Karugaba
The Ugandan judiciary continues to assert its role as a vital check on executive authority, upholding the rule of law.
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Africa Business In Brief
issue 594 | 18 May 2025
issue 594
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Understanding Agentic AI and Generative AI: Legal and ethical considerations
16 May 2025
BY Wilmari Strachan AND Priyanka Raath
In this article, we aim to draw a distinction between agentic AI and generative AI, explore the legal and ethical considerations associated with these technologies, and provide guidance on how businesses can mitigate potential risks.
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Supreme Court of Appeal clarifies Tax Debt Treatment during Business Rescue
16 May 2025
BY Carmen Schoon AND Nephtalie Sithole
The Supreme Court of Appeal has clarified how tax liabilities and value added tax refunds are treated in business rescue, offering key guidance under the Companies Act 71 of 2008.
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No plea, No play: A hard lesson in summary judgment
16 May 2025
BY Wandile Ndabambi , Brian Motloung AND Thando Mjiyako
Courts expect defendants to fully disclose their defence in their pleadings, not spring it later in an affidavit. If you are raising a new issue, you must amend your plea - no shortcuts.
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Comprehensive climate change regulations expected to boost carbon market participation in Uganda
12 May 2025
BY Donald Nyakairu AND Renata Nyakairu
Uganda has introduced comprehensive regulations aimed at governing the development, approval, implementation and monitoring of climate change mechanisms across the country.
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Africa Business In Brief
issue 593 | 11 May 2025
issue 593
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What the FLAC?
06 May 2025
BY Jodie Muller AND Deborah Carmichael
To avoid taxpayer bailouts when big banks fail, South Africa requires major banks to issue Flac—special debt that absorbs losses in a crisis. The Reserve Bank can use it to fix troubled banks without using public funds.
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The Apple vs. Optis Patent dispute: A lesson in Patent Infringement and Licensing
06 May 2025
BY Dr. Bernard Dippenaar
As patent litigation continues to reshape the tech landscape, the ongoing case between Apple and Optis Cellular Technology highlights the significant role patent protection plays in defending intellectual property rights
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Tax in Brief
06 May 2025
Issue 144 of ENS' Tax in brief, a snapshot of the latest tax developments in South Africa.
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Primary obligations vs secondary obligations and accepting repudiation – Be careful what you wish for
06 May 2025
BY Hendrik Hugo AND Thabang Poshodi
In a recent case, the Supreme Court of Appeal had to consider whether a party to a contract that has repudiated the contract can later rely on the terms of the very same contract to defend a claim against it.
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The proper placement of interest rate clauses in lending documents: Balancing clarity, compliance, and borrower protections
05 May 2025
BY Phillip Karugaba AND Tracy Kakongi
Interest rate clauses must balance law, clarity, and borrower protection. Including the rate in the mortgage deed ensures borrowers get personal notice of changes, an important safeguard not guaranteed in standard loan agreements.
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The Woodlands Dairy case
05 May 2025
BY Manisha Bugwandeen-Doorasamy
An unusual, but interesting case involving the recent and lengthy South African trade mark infringement / passing-off judgment involving Woodlands Dairy Proprietary Limited v Sansom Farming CC, Tre Computers (Pty) Ltd and ZAN Central Registry NPC
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Compulsory Licences - The ALLCOPY Copyright case
05 May 2025
BY Janine Thomas
Copyright judgments are rare in South Africa and findings of the Copyright Tribunal even more so, making the recent judgment of Judge Moshoana, on behalf of the Copyright Tribunal (part of the High Court of South Africa, Gauteng), worth reporting.
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