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COMESA Merger Control: What has changed in the 2025 Regulations and Rules and how these changes impact your filings

This article highlights key changes in COMESA’s 2025 competition framework overhaul, introducing a suspensory merger regime, higher fees, digital thresholds and expanded tools - critical for multi-jurisdictional filers and their counsel.
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Arbitrators cannot decide constitutional invalidity in public procurement

The SCA has ruled that arbitrators cannot declare municipal contracts invalid or grant constitutional remedies under sections 217 and 172. Only courts hold this power. Arbitration on procurement legality risks null awards and heavy costs.
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Why IT Projects Fail: Price revisions

IT projects often fail due to pricing disputes. Economic shifts can make agreed fees unsustainable, and if parties cannot agree on adjustments, projects risk costly disputes or termination.
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Africa Business In Brief

issue 623
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Revised COMESA Competition Regulations now in force

COMESA has brought the revised COMESA Competition Regulations and Rules into force following adoption by the COMESA Council on 4 December 2025, marking a pivotal shift in the region’s competition enforcement landscape.
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2025 recap: Innovation, AI and evolving compliance in the medical device landscape

SAHPRA is shaping the future of medical device regulation in South Africa with key updates on ISO 13485 certification and new guidelines for AI/ML-enabled devices. These steps aim to ensure safety, compliance and responsible innovation in healthcare.
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South African Mine Health and Safety law | Labour Court of South Africa re-affirms protection for litigation privilege

In an important judgment, the Labour Court confirmed that litigation privilege overrides disclosure obligations under the MHSA, affirming that expert reports prepared for legal advice in the mining sector remain protected
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Accelerating legal disputes with GenAI-enhanced data review

GenAI is now central to eDiscovery. As ChatGPT turns three, courts expect responsible, auditable AI. We outline how genAI and ENS's intelligENS speed fact-finding, protect privilege and meet governance - improving quality, defensibility and cost.
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Ready, set, switch: Executing your JIBAR exit

The South African Reserve Bank has confirmed the long‑awaited announcement regarding the transition from the Johannesburg Interbank Average Rate to the South African Rand Overnight Index Average has now been made.
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Fuelling administrative fairness: High Court sets aside Controller of Petroleum Products decision

The KZN High Court has ruled that a retail petroleum license lapsed automatically after operations failed to start within 12 months. The Controller’s attempt to revive it was unlawful, reinforcing strict compliance with petroleum licensing laws.
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FSCA and Prudential Authority publish landmark report on AI in South Africa’s financial sector

The FSCA and the PA have released a first of its kind joint report on the use of Artificial Intelligence in the South African financial sector.
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Tax in brief

Issue 159 of ENS’ tax in brief, a snapshot of the latest tax developments in South Africa.
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AI: So, where’s the stability?

A recent case in the UK, Getty Images US Inc & Others v Stability AI Ltd, has absolutely dominated IP news with  Judge Joanna Smith delivering a mammoth  judgment of 205 pages.
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Position trade marks: Adidas and Thom Browne

This article examines position trade marks in an interesting judgment involving the famous sporting apparel brand Adidas and designer Thom Browne.
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AI in Entertainment: Redefining creativity, ownership and the future of storytelling

From photography to CGI, every creative revolution sparked fear, yet expanded art. Today, AI stands at the same crossroads, redefining authorship and originality as it reshapes entertainment through scripts, music and lifelike visuals.
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Podcast | Business Law Focus | M&A and private equity trends to watch in 2024

30 Nov 2023
BY Doron Joffe Discover the pulse of SA's business landscape as we look into M&A, private equity, and deal-making with Doron Joffe and Julius Oosthuizen. Gain insights into trends, challenges, and opportunities, and a sneak peek into 2024's outlook.
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ENSign Podcast | Beyond Borders: The relevance of ESG in Africa

28 Nov 2023
BY Celia Becker , James Brand AND Jessica Blumenthal This podcast is led by our Africa Regulatory and Business Intelligence Executive, Celia Becker, who chats to ENS' ESG specialists about the relevance of ESG in Africa, especially as COP28 lies ahead.

Property Law series | The elements of a sale agreement

07 Nov 2023
BY Raeesa Seedat Welcome to the first video of our property law series, where we explore key insights for sellers and buyers on sales agreements. Click the video below for a crash course on a sale agreement’s purpose, prerequisites, and essential legal aspects.
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Webinar | IP in the era of metaverses, AI and NFTs

31 Oct 2023
Learn how metaverses, generative AI, and NFTs are changing IP in the metaverse era. Join our thought-provoking discussion on how businesses can use IP to succeed in this new tecnológica age.
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In conversation with Nigel Shaw on Wakili, Quick One

09 Oct 2023
BY Nigel Shaw Explore Nigel Shaw's incredible journey and the establishment of ENS Kenya as he shares his story in an interview with Johnson Kariuki on Wakili, Quick One.
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Investing in Africa webinar series | insights from Nigeria’s investment facilitation agencies

02 Oct 2023
BY Celia Becker Explore the challenges faced by Africa's largest economy and gain valuable insights into legislative and regulatory initiatives aimed at boosting foreign direct investment.
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webinar | Africa's local mining policies

09 Sep 2023
BY Guillaume P. Blanc , Otsile Matlou , Donald Nyakairu , Paa Kwesi Morrison AND Anthony Gakuru Explore Africa's evolving mining policies, their impact on economic development, and opportunities for cross-border operations. Join our expert panel from Ghana, Kenya, Francophone Africa, Namibia, South Africa, and Uganda.
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webinar | webinar | data privacy in the workplace: an Africa perspective

07 Sep 2023
BY Brian Patterson , Patricia Jane Mumuni , Rehema Nakirya Ssemyalo , Suemeya Hanif AND Dennis Gathara Explore the evolving world of workplace data privacy with our employment experts across Africa to understand its ethical, legal, and trust-building dimensions.
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In conversation with Miranda Feinstein | celebrating 100 years of South African women in law

01 Sep 2023
Meet Miranda Feinstein, our pioneering female executive since 1979. Join us in celebrating 100 years of South African women in law with Miranda, as she shares her journey and guides aspiring female legal professionals.
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investing in Africa | beyond connectivity: Zambia strengthens its data protection regulation for the digital era

30 Aug 2023
BY Era Gunning Explore Zambia's digital economy evolution with our data protection specialist Era Gunning joined by Data Protection Commissioner and Chipili Salati from Zambia as they discuss data protection, cross-border transfers, and regulatory compliance.
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Investing in Africa webinar series | Intellectual Property

28 Jul 2023
BY Gaelyn Scott AND Ilse du Plessis Africa's thriving economic potential driven by its youthful population is hindered by weak IP protection, allowing counterfeit products to prevail. Our IP specialists will share vital insights on bolstering IP protection in the region.
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ENSign podcast | The regulation of private equity in Ghana

25 Jul 2023
BY David A Asiedu AND Nana Yaa Ahmed The regulation of private equity in Ghana is a complex and evolving landscape. Join us in our latest episode of ENSign with David Asiedu and Nana Yaa Ahmed, as they unpack the latest developments and discuss the implications for investors.
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webinar | Africa tax webinar - navigating the digital frontier

25 Jul 2023
BY Celia Becker , Paa Kwesi Morrison , Scott Salusbury , Charles de Wet AND George Muthee Discover the impact of tax on tech advancements, ecommerce, and globalisation in Africa's business landscape. Join our virtual roundtable with our tax experts and guest speaker, the Co-Founder of M&H Consulting Africa, Nadia Hamilton
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ENSign podcast | unbundling and deregulating electricity generation in Africa

19 Jun 2023
BY Celia Becker , Eric le Grange AND Nigel Shaw Our latest episode of ENSign has our experts discuss the restructuring of Africa’s power sector, focusing on Kenya and South Africa. Discover insights on addressing the pressing issue of #loadshedding in SA, triggering this important conversation.
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webinar | Enforcing Restraint of Trade Agreements in Africa

09 Jun 2023
BY Brian Patterson , Charles Visser , Eustache Ngoga , Patricia Jane Mumuni , Ross Alcock , Patrick Turinawe AND Jimmy Simiyu Explore the complexities of Restraint of Trade agreements in Africa with our expert panelists across the continent. Gain insights into enforcement, reasonableness, and alternative solutions to these pressing topics.
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