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From Ponzi schemes to draft PCC5E: Keeping up with the KYC compliance requirements

This article is a reminder that even major financial institutions can find themselves drawn into litigation where fraudulent activity is alleged to have passed through ordinary banking channels
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Stablecoins in South Africa: Is your organisation ready for the regulatory shift?

The growing interest in stablecoins is easy to understand. Market participants are seeking the efficiency of digital assets without the volatility that characterises much of the crypto market. Stablecoins offer a more stable alternative.
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Beyond the NDA: Contractual considerations for IT proof of concept engagements

A well-structured POC framework is essential. It protects organisation's against real risks, sets the tone for the vendor relationship, and can serve as a foundation for the full commercial contract should the organisation decide to proceed.
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Key person appointments under the Insurance Act

Section 14(1) of the Insurance Act requires Prudential Authority approval for the appointment of certain key persons. Two Recent decisions offer useful guidance on its interpretation, while leaving important practical questions unresolved.
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South Africa: Supreme Court of Appeal confirms the exclusive jurisdiction of the Labour Court to determine disputes concerning the interpretation and application of the Mine Health and Safety Act, 29 of 1996

A senior appellate court judgment confirms that disputes concerning the interpretation and application of the Mine Health and Safety Act fall within the Labour Court’s general and exclusive jurisdiction, for litigants.
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Unlocking cross-border E-commerce in South Africa

The Financial Surveillance Department of the South African Reserve Bank (“FinSurv”) has published a draft regulatory framework for cross-border e-commerce retail transactions.
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The option to purchase and why certainty of price is important

When does the option to purchase property become binding? Can the grantee of an option to purchase, name his own price and expect the law to enforce the sale?
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Africa Business In Brief

issue 635
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What the general laws amendment bill means for South Africa

South Africa strengthens its anti‑money laundering framework with expanded FIC powers, enhanced oversight, and new tools to detect unexplained wealth and financial crime.
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Can a finished game be unfinished? CAF's 2026 AFCON final decision

There is an unspoken rule in football that a match ends after the final whistle is blown. The latest decision by CAF to overturn Senegal's on-field victory in the AfCon final has created one of the most controversial decisions in modern football.
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Lenders, bancassurance and the duty of transparency: When lenders bear the loss for undocumented insurance arrangements

A recent judgment by the High Court of Uganda has sounded a warning to financial institutions that act in various capacities as lenders and bancassurance agents.
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Tax in brief | Issue 164 | 24 MARCH 2026

Issue 164 of ENS’ tax in brief, a snapshot of the latest tax developments in South Africa.
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Prompt injection: Are legal-tech investigations safe during the AI boom?

AI-driven attacks like prompt injection expose legal teams to data, privilege and compliance risks. Robust safeguards and governance are essential for secure AI-enabled legal workflows.
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The doctrine of bona fide purchaser for value without notice and its limits in the face of illegality: An East African perspective

This article examines the principle that illegality, as a standalone ground independent of fraud, defeats the protection of the doctrine of bona fide purchaser.
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Africa Business In Brief

issue 634
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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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ENSign Podcast: navigating injunctions in Ghana

16 Apr 2024
BY David Adu-Tutu Jr AND David A Asiedu In the latest ENSign podcast, the team from Ghana discusses injunctions in litigation and break down what they really are.

Investing in Africa | Africa's data protection landscape: Legislation, enforcement, and best practices

04 Apr 2024
BY Celia Becker , Era Gunning , Patricia Jane Mumuni , Rehema Nakirya Ssemyalo AND Ayesha Rambajun Experience the pulse of Africa's data protection revolution in the legal realm. Dig deep into legal nuances, compliance strategies, and breach repercussions with our experts from South Africa, Mauritius, Ghana, and Uganda in our engaging webinar.
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Business Law Focus | SA Mining in the spotlight

19 Mar 2024
BY Otsile Matlou AND Ntsiki Adonisi Exploring the impact of the MPRDA in South African mining, Ntsiki Adonisi and Otsile Matlou recently joined Business Law Focus for an insightful discussion on its goals, successes, and challenges spanning the past two decades.
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Webinar | Budget Speech 2024 | Restoring Trust

22 Feb 2024
BY Jenny Klein , Mansoor Parker AND Charles de Wet Can South Africa's Budget Speech navigate SA's economic storm? Watch our expert panel dissect its promises and potential impact now on businesses and the nation.
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Green Bonds - What you need to know

08 Feb 2024
Embracing innovative financial instruments, such as green bonds, is pivotal to the mining industry achieving its ESG goals. Jordan Maze explores the how, what, and why of greenbonds, a key element of transitionfinance.
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Pop-up webinar | Degrees of Truth: fraudulent qualifications

08 Feb 2024
BY Peter le Roux , Suad Jacobs , Lauren Salt , Prencess Mohlahlo AND Gabi Mailula South Africa's job market is riddled with misrepresented qualifications, putting your business at risk. Join our expert panel as they dissect this critical issue.
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Webinar | Failure To Prevent Corrupt Activities Offence

29 Jan 2024
BY Adrian Roux AND Wim Steyn Newly enacted law redefines corporate responsibility in SA's fight against corruption. Watch Adrian Roux & Wim Steyn for expert insights on compliance strategies & mitigating legal risks.
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