Africa Business In Brief
issue 553 | 07 Jul 2024
issue 553
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The PA and FSCA publish draft joint standard for market infrastructures
05 Jul 2024
BY Matthew Morrison AND Sinovuyo Damane
The FSCA and PA have proposed a draft joint standard for market infrastructure recovery plans to ensure resilience during stress scenarios and maintain critical functions without resorting to resolution powers. Open for public comment until 18 July.
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The power of a court to set aside settlement agreements
02 Jul 2024
BY Aslam Moosajee AND Zameer Omar
In the case of Ubisi and Another v Road Accident Fund, the Supreme Court of Appeal (“the SCA”) reiterated the well-established principle that courts have limited powers to set aside settlement agreements.
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SCA rules that attorneys cannot interdict clients from terminating their mandate
02 Jul 2024
BY Aslam Moosajee AND Zameer Omar
In the case of Pitso and Others v Chabeli Molatoli Attorneys Incorporated, the Supreme Court of Appeal (“the SCA”) held that attorneys cannot interdict their clients from terminating their mandate.
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Trade marks and morality – Covidiot and ZRO FUX
01 Jul 2024
BY Jade Courtney
In this article, we discuss two recent ’morality’ trade mark decisions that reflect cultural sensitivities and legal boundaries, the EUIPO's rejection of COVIDIOT and Australia's embrace of ZRO FUX.
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Kings and Queens and confusingly similar trade marks
01 Jul 2024
BY Tevin Jones
The use of a trade mark can be stopped on the basis of a confusingly similar prior registered trade mark, and in the case of Japan's ROGER KING vs. Federer as well as the EU's CHIQUITA QUEEN debate, who reigns supreme in the world of trade marks?
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The Big Mac attack
01 Jul 2024
BY Gaelyn Scott
The recent EU judgment in the Supermacs vs. McDonald’s case highlights that non-use of a registered trade mark for five years can lead to cancellation, emphasising the need for companies to maintain thorough usage records
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Green bonds rise and ESG funds suffer amid scrutiny on sustainable investment products
01 Jul 2024
Legal experts say investors are favouring green bonds over ESG funds and sustainability-linked bonds, due to concerns over credibility and greenwashing risk.
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Africa Business In Brief
issue 552 | 30 Jun 2024
issue 552
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Court sets aside the State’s tender for a panel of referral advocates
28 Jun 2024
BY Aslam Moosajee , Shenaaz Munga AND Olonathando Nxumalo
ENS successfully represented the General Council of the Bar South Africa and Advocates for Transformation in challenging a state tender for legal practitioners, resulting in the High Court setting aside the tender.
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“The Constitution is supreme” - Trade Unions must stay in their registered scope lane
27 Jun 2024
BY Curtis Nhliziyo
The recent Constitutional Court ruling in AFGRI Animal Feeds v NUMSA held that unions are strictly bound by their constitutions. Therefore, NUMSA could not represent employees in the Labour Court because they worked in the animal feeds sector.
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Exploring Sport Simulation Technologies: Legal risks and commercial considerations
25 Jun 2024
BY Isaivan Naidoo AND Alexander Powell
In recent years, sports simulation technologies have revolutionised how both sporting fans and athletes engage with and experience traditional sports, but engaging with these is not without risk.
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Digital transformation: evolving business models and evolving risks (manufacturer’s edition)
25 Jun 2024
BY Ridwaan Boda AND Alexander Powell
In this, the second edition of our digital transformation series, we explore some of the key disruptive technologies that are playing a role in digitising the traditional manufacturing business model.
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Digital nomad visa regulations promulgated – what this means for the employment law space
25 Jun 2024
BY Brian Patterson AND Jessie Gertzen
The introduction of the 'digital nomad visa' in South Africa is a positive step, aligning with many countries that allow special visas for non-standard work. However, the Regulations create uncertainty in tax, corporate, and employment law.
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Interrogation of sick notes: employer or employee’s responsibility?
25 Jun 2024
Employers frequently face suspicious or fraudulent employee sick notes, often resulting in disciplinary action. A recent LAC decision offers clarity on employers' obligations regarding the verification of medical sick notes.
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