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Contracting with Government: The prohibition on entry into multi-year expenditure commitments without parliamentary approval

06 Aug 2024
BY Phillip Karugaba AND Rehema Nakirya Ssemyalo

The PFMA regulates the collection, spending, and accounting of public funds. One key provision is that the government cannot enter financial commitments extending beyond one financial year without Parliament's approval.
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The aftermath of the CrowdStrike incident: the importance of proper business continuity planning

06 Aug 2024
BY Ridwaan Boda AND Alexander Powell

On 19 July 2024, a cybersecurity firm, CrowdStrike, released an update to a configuration file from its Falcon cybersecurity system causing the Windows operating system to blue screen and crash, leading to a worldwide IT outage.
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Generative vs Extractive AI

06 Aug 2024
BY Isaivan Naidoo AND Alexander Powell

Many companies are deploying generative AI tools after due diligence, but often find these tools don't provide a viable ROI because they aren't aligned with their use case.
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When is it considered “just and equitable” to stay arbitration proceedings

06 Aug 2024
BY Lesego Ralekoa AND Tshepo Mofokeng

Section 158(1B)of the LRA prohibits the Labour Court from reviewing decisions made during conciliation or arbitration proceedings by the CCMA or any bargaining council before the dispute has been finally resolved.
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ENS and Legal 500 to host inaugural GC Powerlist

06 Aug 2024

ENS, together with The Legal 500, will host the inaugural GC Powerlist: East Africa 2024 Awards at Villa Rosa in Nairobi, Kenya on Wednesday, 14 August 2024.
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Tax in Brief

06 Aug 2024

Issue 127 of ENS' tax in brief, a snapshot of the latest tax developments in South Africa.
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Managing IP recognises ENS for IP Transactions and Copyright & Related Rights

06 Aug 2024

ENS has once again been recognised for our work in IP Transactions and Copyright & Related Rights by Managing IP (“MIP”), a leading industry publication.
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SCA issues stern warning to Attorneys regarding Trust Deeds for RAF plaintiffs - Snyman v De Kooker N.O. & Others

06 Aug 2024
BY George van Niekerk AND Darren Swartz

The Supreme Court of Appeal has issued a stern warning to attorneys who set up a trust for the benefit of a plaintiff who receives damages from the Road Accident Fund, to ensure that the trust deed properly reflects its intended purpose.
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EU trade mark law – Genuine use and use in the course of trade

05 Aug 2024
BY Gaelyn Scott

In the recent case of Sta Grupa v EUIPO, Sta Grupa AS challenged the cancellation of Axis AB’s VAPIX trade mark, registered with the EUIPO in class 9, for goods including 'interface for cinematographic, optic apparatus, and instruments'.
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South Africa: Bikers and trade marks

05 Aug 2024

A recent South African court judgment, Lee Riders Motorcycle Club v Nigel Jacobs and the Registrar of Trade Marks, deals with a falling out amongst bikers about trade marks.
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Trade mark oppositions – New Zealand and Japan

05 Aug 2024
BY Fae Hassan

In this article, we discuss two recent, unsuccessful trade mark oppositions in New Zealand and Japan. Both articles dealt with whether certain trade marks, used by different parties, would cause consumer confusion or deception.
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Trade secrets revisited

05 Aug 2024
BY Janine Thomas

Trade secrets, often overlooked, are vital for economic, social, and technological development. When effectively leveraged, they can overcome significant barriers and serve as powerful enablers.
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Western Cape High Court confirms that creditors’ resolutions can be set aside under section 387(3) of the Companies Act.

05 Aug 2024
BY Michael Papas

A long dispute between a father and son culminated in a Western Cape High Court judgment recently, with the key issue being whether the Court could, under section 387(3) of the old Companies Act, set aside creditors’ resolutions.
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Africa Business In Brief

issue 557 | 04 Aug 2024

issue 557
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Bank of Uganda exempted from blanket statutory immunity

31 Jul 2024
BY Phillip Karugaba , Rehema Nakirya Ssemyalo AND Renata Nyakairu

The Minister of Finance has issued an instrument lifting the blanket immunity from execution against the assets of the Central Bank of Uganda.
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