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telecoms and media in brief | issue 14
30 Jun 2020BY telecoms and media in brief | issue 14
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The constitutional duties of independent schools, and challenges to the enforcement of a contractual term
29 Jun 2020BY Aslam Moosajee In AB and Another v Pridwin Preparatory School and Others, the central question was whether an independent school is entitled to terminate a contract on reasonable notice without following a hearing …
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Uganda High Court sets guidelines for informed consent required during clinical trials
29 Jun 2020BY Phillip Karugaba The Ugandan High Court has set out guidelines for obtaining informed consent from the subjects of human clinical drug trials.
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South Africa: Pretoria High Court rules the state must consider race when awarding COVID-19 relief funding to SMMEs
25 Jun 2020BY Aslam Moosajee On 19 June 2020, the Pretoria High Court handed down judgment in Democratic Alliance v President of the Republic of South Africa and Four Others
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GN 280 of 18 May 2020: Guideline for the Compilation of a Mandatory Code of Practice for the Mitigation and Management of COVID-19 Outbreak
Africa regulatory ENSight | 23 Jun 2020BY (Government Gazette No. 43335)
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tax in brief | issue 48
23 Jun 2020BY tax in brief | issue 48
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Regulatory reforms in the Ugandan telecommunications sector
23 Jun 2020BY Donald Nyakairu, Tracy Kakongi On 8 November 2019, the MICT released a set of regulations providing for a new licensing framework for telecommunications operators and the regulation of previously unregulated areas.
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Constitutional Court: Fairness, reasonableness and proportionality are not free-standing principles to invalidate a contract or prevent the enforcement of its terms
18 Jun 2020BY Aslam Moosajee On 17 June 2020, the Constitutional Court handed down an important judgment providing clarity on the contested question of the correct approach to fairness in South African contract law.
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Africa tax in brief
tax | 17 Jun 2020BY Celia Becker The latest tax developments across Africa
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South Africa: government opposes the DA’s application to declare section 27 of the Disaster Management Act unconstitutional and invalid
17 Jun 2020BY Aslam Moosajee, Shenaaz Munga The DA requests the Constitutional Court to pronounce that any declaration of a national state of disaster and any regulation or direction made or issued under section 27(2) should be laid before par…
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Constitutional Court: The OUTA principle applies to the Public Protector, and two further legal developments
15 Jun 2020BY Aslam Moosajee The court has accepted that a litigant can approach a court to obtain a “suspension order”, without satisfying the ordinary requirements for an interdict, provided that the considerations of justice …
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Does a bank have the power to place a customer’s account on hold?
15 Jun 2020BY Aslam Moosajee, Shenaaz Munga The relationship between a bank and its client is regulated by contract. If the contract provides for the account to be placed on hold under specific circumstances, the bank is within its rights to d…
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tax in brief | issue 47
09 Jun 2020BY tax in brief | issue 47
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South Africa: Zoom and section 189 consultations
09 Jun 2020BY Brian Patterson, Shivani Moodley This judgment reflects that our courts are taking judicial notice of a new normal that has emerged as a result of the COVID-19 pandemic.
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Draft conditions for pension funds’ use of derivatives published for comment
09 Jun 2020BY Kelle Gagné On 8 June 2020, the FSCA published a draft conduct standard titled “Conditions for Investment in Derivative Instruments for Pension Funds", by which the FSCA would regulate the parameters for pension…
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