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Kenya: Draft Business Laws (Amendment) Bill, 2025: proposed amendments to the Companies Act,2015

The Ministry of Investment, Trade and Industry has published the draft Business Laws (Amendment) Bill, 2025 proposing to amend multiple statutes, including the Companies Act. 2015 (Cap.486, Laws of Kenya).
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Guardrails for judicial accountability and the limits of judicial misconduct

This article explores a JCC ruling that clarifies the boundary between judicial error and misconduct, where good-faith decisions in settled litigation may still attract sanction under the Judicial Service Commission Act.
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Why Information Technology (IT) projects fail: Identifying the correct stakeholders

Part two of our series, Why IT Projects Fail, explores how unclear stakeholder roles and weak governance derail timelines. Read on to understand why defining responsibilities is as critical as technical execution.
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The peremptory requirements applicable prior to suing a judge

In Mantashe v Justice Raymond Zondo N.O. and Another, the Johannesburg High Court reiterated the established peremptory requirements that must be satisfied, prior to instituting legal proceedings against a judge.     
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Residents’ Associations (Rhapta Road & Parklands) and Urban Governance: How two cases are shaping planning mandates in Nairobi

Two landmark rulings, the Rhapta Road and Parklands cases, impose planning mandates on Nairobi City County. This article compares their scope, timelines, and governance impact under PLUPA, highlighting residents’ role in driving accountability.
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Enrichment claims and the application of the Institution of Legal Proceedings against Certain Organs of State Act

A recent Eastern Cape High Court ruling in Bergsig Special School v MEC: Education clarifies how unjust enrichment claims intersect with the Legal Proceedings Act, reshaping timing, forum and strategy in litigation against the state.
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Banks can breathe a sigh of relief, as Pretoria High Court declines to extend delictual liability for pure economic loss

The Sasfin Bank Limited vs SARS judgment delivered last week dealt with the crossroads of tax enforcement, banking regulation and law of delict. 
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Africa Business In Brief

issue 619
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ENS congratulates RapidDeploy in SAVCA Chairman's Award success

ENS congratulates RapidDeploy (a Motorola Solutions Company) on being recognised and winning at SAVCA Industry Awards 2025
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SCA upholds City of Cape Town’s discretion in rezoning dispute

A recent judgment has clarified key planning law principles, affirming municipalities’ right to uphold spatial frameworks, validating departmental bias when minds are applied independently and reinforcing judicial restraint in reviews.
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Big cats and trade marks

This article discusses a recent EU judgment in which Puma, the brand with the iconic Leaping Cat (Puma) Device, succeeded in a trade mark opposition to an EU trade mark application in the name of Mr Lukas Rohlik (“Rohlik”) of the Czech Republic.  
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King V: Governance updates for South African organisations

The King V Report on Corporate Governance, published 31 October, introduces important refinements to King IV, bringing about changes that organisations must prepare for as they apply to financial years starting on or after 1 January 2026.
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Employer of Record arrangements: An overview of the overlooked Intellectual Property implications

Employer of Record services simplify global hiring, but IP ownership can be a hidden risk. Don’t assume IP created by EOR-hired talent is automatically yours, especially in complex jurisdictions like South Africa.
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The business of ideas: Why Commercial Intellectual Property (IP) really matters

Safeguarding your intellectual property is not just legal housekeeping, it may be the single most strategic investment you make in the future of your business.
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Social influencers, copyright and photographs

A recent South African copyright judgment introduces us to the weird and wonderful world of social influencers and offers a sharp lesson in what happens when content gets reused for commercial campaigns without the creator’s permission
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Investing in Africa: Investment Hubs

13 Sep 2024
BY Celia Becker , Dieudonné Nzafashwanayo , Mmangaliso Nzimande AND George Muthee Africa’s investment gateways: Insight from Kenya, Mauritius, Rwanda, and South Africa
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Tax Masterclass: Transfer Pricing

21 Aug 2024
BY Andries Myburgh , Jens Brodbeck AND Mark Badenhorst South Africa's Tax Court recently delivered a landmark ruling in SARSTC IT 14302, addressing key transfer pricing principles. In our recent Tax Masterclass, our tax experts and the renown Wim Trengove discuss the implications
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Tax Masterclass: Mergers & Acquisitions Part 2

02 Aug 2024
BY Kristel van Rensburg , Ntebaleng Sekabate AND Mmangaliso Nzimande In part two of our M&A masterclass, ENS' tax specialists provide valuable insights, real-world examples, and practical strategies for seamlessly implementing M&A transactions.
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Tax Audit pitfalls to avoid in Ghana (Episode 3)

30 Jul 2024
BY Cletus Danliar Banseh AND David A Asiedu In our latest ENSign podcast, David A. Asiedu and Cletus Banseh from Ghana continue their discussion on tax audit pitfalls discussing options available for taxpayer disputes.

Tax Masterclass: Private clients

26 Jul 2024
BY Deon Beachen , Jenny Klein , Robert Gad , Megan Stuart-Steer , Arnaaz Camay , Anika Wright AND Barry Knoetze We invite you to view the latest webinar in our Tax Masterclass series, focusing on employee incentive arrangements, trust-to-trust distributions, and issues related to residency and global mobility, and much more.
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Tax audit pitfalls to avoid in Ghana (Episode 2)

14 Jun 2024
BY Cletus Danliar Banseh AND David A Asiedu In our latest ENSign podcast, David A. Asiedu and Cletus Banseh from Ghana continue the Tax audit series. Listen as they discuss pitfalls to avoid after receiving a final tax assessment.

PPPs in Southern Africa: Closing the financing gap for infrastructure development

13 Jun 2024
Africa faces an annual infrastructure financing gap of USD68-108 billion according to the African Development Bank, leading countries to seek private investment. Watch our webinar to hear our experts discuss PPP laws and policy frameworks in Africa.
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Tax Masterclass: Mergers and Acquisitions (Part one)

07 Jun 2024
BY Kristel van Rensburg , Ntebaleng Sekabate AND Mmangaliso Nzimande Our tax masterclass continues, watch as our tax experts discuss the planning and structuring of transactions, including the Term Sheet and considerations relevant to a share/asset deal, due diligence and structuring and funding.
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ENSign - Sensitive Terminations in Ghana

03 Jun 2024
BY David A Asiedu AND Amina Abugdanpoka Kaguah Managing sensitive terminations involves handling the departure of key employees, such as a CEO or an HR director. Join David A. Asiedu and Amina Kaguah from Ghana as they discuss the legal and practical aspects of these types of terminations.

Overcoming hurdles in the “S” of ESG: A Blueprint for African Mining Corporates

30 May 2024
Watch our webinar featuring a panel of experts, in a discussion about how companies can navigate the "Social" aspects in ESG, the benefits of actively informing and involving key stakeholders.
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2024 Junior Mining Indaba and the MPRDA's 20th Anniversary year round up

16 May 2024
BY Zinzi Lawrence Listen to Dorencia Pillay and Zinzi Lawrence reflecting on last year's Junior Indaba and looking ahead to this year's event, including insights on the 20th anniversary of the MPRDA in South Africa.
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ENSign | Safeguarding your business with forensics in Ghana

14 May 2024
BY Steven Powell , David A Asiedu AND Joseph Konadu Join us on our latest podcast collaboration featuring our top legal minds from Ghana and South Africa as we dive into the world of forensic investigation.

Ensuring Continuity The Fate of Workers in Africa's Business Transfers

13 May 2024
BY Brian Patterson , Alex Ferreira , Charles Visser , Eustache Ngoga , Joe Mothibi , Nana Yaa Ahmed , Tracy Kakongi , Emmanuel Sauzier AND Jimmy Simiyu Explore the nuances of employee rights during business transitions with our diverse panel of African Employment practitioners. Gain insights from experts across the continent on navigating local laws, international standards, and union involvement.
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Weeding out insights from the LACs latest judgment

13 May 2024
BY Audrey Johnson , Balindile Shezi AND Peter le Roux Explore the LAC's groundbreaking ruling on workplace drug testing. Our experts dissect its impact on testing protocols and employment law in South Africa.
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Tax Masterclass | VAT – BGR 16, issue 3: a revised standard apportionment method

25 Apr 2024
BY Annelie Giles , Jo-Paula Roman , Charles de Wet , Riëtte Lombard AND Anjé Albertyn We discuss important developments in South Africa’s approach to apportionment and explore the practical implications of the items excluded from the standard turnover formula
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