A refreshed competition act ushers in a new dawn for competition law in Malawi
24 Jul 2024
BY Derushka Chetty , Wade Graaff AND Sphiwe Dlamini
Malawi's Minister of Trade and Industry has gazetted the new Competition and Fair Trading Act, repealing the Old Competition Act. This article takes a look at some notable changes.
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President Cyril Ramaphosa assents to the Public Procurement Bill
24 Jul 2024
President Ramaphosa has signed the Public Procurement Act 28 of 2024 into law, introducing several reforms and repealing the Preferential Procurement Policy Framework Act, 2000 in its entirety.
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Are contractual waivers impacted by non-variation clauses?
23 Jul 2024
BY Aslam Moosajee AND Zameer Omar
In Phoenix Salt Industries (Pty) Ltd v The Lubavitch Foundation of Southern Africa, the SCA addressed the issue of whether a waiver is affected by the presence of a non-variation clause (“NVC”) in a contract.
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Consumer law disputes: Who bears the onus, the consumer or the supplier?
23 Jul 2024
BY Aslam Moosajee AND Zameer Omar
The Gauteng High Court ruled that in consumer disputes under the CPA, suppliers may bear the burden of proving a product's quality and lack of defects, remitting a case to the NCT to reassess factors like selling price and prior auction sale.
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Tax in Brief
23 Jul 2024
Issue 126 of ENS' tax in brief, a snapshot of the latest tax developments in South Africa.
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The risks of not stating that a debt is secured by the registration of a mortgage bond
23 Jul 2024
BY Aslam Moosajee AND Olonathando Nxumalo
A recent judgment underscores the importance for creditors to explicitly plead that a debt is secured by a mortgage bond to benefit from the 30-year prescription period, instead of the general three-year limit under the Prescription Act.
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South Africa: Occupational Health and Safety Act, 1993 – New Explosives Regulations, 2024
23 Jul 2024
BY Willem le Roux , Celeste Coles , Gerhardt Ehlers , Juanita Broom , Tyla Foster , Warren Hendricks , Darryn Jacobus AND Bianca Siemens
The Minister of Employment and Labour, under section 43 of the Occupational Health and Safety Act, 1993, has promulgated the Explosives Regulations, 2024, as published in GN. R.5048 of 2024 in Government Gazette No. 50960.
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South Africa: Occupational Health and Safety Act, 1993 – Amendments to the Asbestos Abatement Regulations, 2020
23 Jul 2024
BY Willem le Roux , Pieter Colyn , Celeste Coles , Gerhardt Ehlers , Juanita Broom , Tyla Foster , Warren Hendricks , Darryn Jacobus AND Bianca Siemens
The Minister of Employment and Labour, under section 43 of the Occupational Health and Safety Act, 1993, has amended the Asbestos Abatement Regulations, 2020.
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Africa Business In Brief
issue 555 | 21 Jul 2024
issue 555
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Significant victory for Uganda Revenue Authority as High Court delivers a thunderclap verdict on massive tax evasion scheme
18 Jul 2024
BY Celia Becker , Phillip Karugaba AND Rehema Nakirya Ssemyalo
In a landmark case, Honourable Justice Stephen Mubiru, Head of the Commercial Court in Uganda, has ruled that a suspected tax evasion scheme justifies deferring the dissolution of an insolvent company under the Insolvency Act.
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Chambers Global Practice Guide | Corporate M&A 2024 | South Africa
16 Jul 2024
We break down the the latest legal information on corporate M&A in South Africa
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Death of the customer’s paper: Is the customer's contract paper still relevant in the era of vendor standard terms?
16 Jul 2024
BY Ridwaan Boda AND Priyanka Raath
In the evolving IT procurement landscape, vendors increasingly insist on their "standard terms" as the agreement baseline. This trend prompts a key question: Is the customer's contract paper still relevant?
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Africa Business In Brief
issue 554 | 14 Jul 2024
issue 554
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Navigating Transfer Pricing challenges in the mining sector
09 Jul 2024
BY Robyn Kantor
The mining sector's dynamic environment and unique operational challenges lead to specific transfer pricing issues in profit allocation among multinational enterprises involved in exploration, extraction, processing, and sale of mineral resources.
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Amendments published to the VAT Domestic Reverse Charge (DRC) Regulations
09 Jul 2024
BY Annelie Giles
The VAT Domestic Reverse Charge Regulations on Valuable Metal were recently amended, applying retroactively from 1 January 2024 without transitional rules.
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