Pose trade marks and the Turkish shooter
30 Sep 2024
BY Tevin Jones
This article takes a look at the now viral Turkish Shooter, Yusuf Dikec, who has filed an application to register his pose as a trade mark at the Turkish Patent and Trade Mark Office.
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Crocodiles: confusingly similar, whichever way they’re facing!
30 Sep 2024
BY Manisha Bugwandeen-Doorasamy
In this article we turn our attention to a case in India that dealt with what could arguably be considered confusingly similar crocodiles, a topic we’ve never had to consider before.
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Africa Business In Brief
issue 565 | 29 Sep 2024
issue 565
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Technical defences relied upon by the Enoch Mgijima Local Municipality rejected by South African High Court
27 Sep 2024
BY Aslam Moosajee AND Laurence Mort
In a recent judgment from the Makhanda High Court, the court considered two separate applications against the Enoch Mgijima Local Municipality regarding negligence in two electrocution incidents caused by exposed electrical cables in February 2020.
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Summary judgments and dies non: Are the days between 21 December to 7 January counted?
27 Sep 2024
BY Aslam Moosajee AND Zameer Omar
In Lotts v NMI Durban South Motors (Pty) Ltd t/a Barons Belville, the Western Cape High Court considered whether dies non is excluded when calculating the time for filing a summary judgment application under the Uniform Rules of Court.
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Africa Tax in Brief
27 Sep 2024
BY Celia Becker
The latest tax news and developments across Africa
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Requirements for applications for the recission of final liquidation orders
27 Sep 2024
BY Aslam Moosajee AND Laurence Mort
In Louis Jonker and Johanna Jonker v The Land Bank, the Free State High Court considered an application to set aside a final liquidation order against Jonker Products CC, examining misrepresentation claims by the Land Bank and grounds for rescission.
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The excipiability of unsigned home loan agreements
27 Sep 2024
BY Aslam Moosajee AND Laurence Mort
In Standard Bank of SA Ltd v Stander and Others, the North West High Court addressed whether an unsigned home loan agreement, used by Standard Bank to claim arrear payments, failed to disclose a cause of action, making the bank's claim excipiable.
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High Court overturns LPC decision to bar prospective attorney from admission
25 Sep 2024
BY Aslam Moosajee AND Zameer Omar
In the case of Sebatsana v South African Legal Practice Council, the Pretoria High Court admitted an aspiring attorney despite the Legal Practice Council opposing her application for admission.
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What, the FIC, is beneficial ownership?
25 Sep 2024
BY Era Gunning
Under Section 21B of FICA, as amended by the General Laws Amendment Act 22 of 2022, accountable institutions must establish the ownership and control structures of clients that are legal persons, trusts, and partnerships.
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Africa Business In Brief
issue 564 | 22 Sep 2024
issue 564
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Key Constitutional Court ruling: Prescription period does not begin upon curator appointment
19 Sep 2024
BY Aslam Moosajee AND Inathi Mpapa
In a recent Constitutional Court ruling, the court addressed the issue of prescription for claims involving mentally incapacitated individuals and ruled that the appointment of a curator ad litem does not end the protection against prescription.
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Unlawfully conducting the business of a bank can lead to your sequestration
19 Sep 2024
BY Aslam Moosajee AND Inathi Mpapa
In a recent judgment delivered by the Johannesburg High Court, the Prudential Authority instituted provisional sequestration proceedings in terms of sections 83(3)(b) as read with 84(1A)(c) of the Banks Act, 1991.
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The SCA ruled that directives issued by the South African Human Rights Commission are not binding
19 Sep 2024
BY Aslam Moosajee AND Olonathando Nxumalo
The Supreme Court of Appeal ruled that the South African Human Rights Commission cannot issue binding directives, only assist in securing redress through investigative and supportive measures.
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Reviews can’t revive a bad arbitration
17 Sep 2024
BY Jan Norval
In Samancor v NUM, the court stressed the importance of presenting all evidence at arbitration, as Samancor’s failure to do so led to its defeat.
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