Dentons (JD Supra South Africa)

An increasingly common feature of the global mergers and acquisitions markets has been the use of warranty and indemnity insurance (“W&I Insurance”), also referred to as reps and warranties insurance. The use of W&I Insurance has been one of the more significant developments in M&A transactions in recent years. Although used on some South African transactions, W&I Insurance is not as commonly...

South Africa-specific information concerning the key legal and commercial issues when entering a memorandum of understanding in anticipation of a future commercial transaction. This Q&A provides country-specific commentary on Standard document, Memorandum of understanding (commercial): Cross-border.

New regulations were published by the Department of Cooperative Governance and Traditional affairs on 29 April 2020 (the “Regulations”, gazette no. 43258) outlining the rules applicable during Alert Level 4 and the Department of Employment and Labour (the “DEL”) provided a briefing to media, addressing expectations on employers to ensure employees’ safety and mitigate the spread of the virus in...

On 18 March 2020, the Department of Cooperative Governance and Traditional Affairs (COGTA) introduced a set of new regulations (“Regulations”) under the Disaster Management Act No. 57 of 2002. The Regulations gives government the power to act against those who deliberately endanger themselves and others during the COVID-19 epidemic. What is particularly significant to note is that...

As the global economy continues to deal with the fallout from COVID-19, it is accepted that the pandemic is likely to cause significant disruption to ongoing commercial activities. As we all face the uncertainty of exactly what the economic consequences of COVID-19 will be, it is advisable to review your commercial agreements and assess what your rights are and where your risks may lie. We set...

One of the key elements of broad-based black economic empowerment (B-BBEE) in South Africa is empowered ownership by Black persons. Most often, empowered ownership is achieved through the sale of shares in an existing business to an empowered partner. However, the relatively less trodden path of a sale of assets or business has recently been receiving more attention and is equally able to achieve

After many years of discussions between the relevant stakeholders in the mining sector in the Democratic Republic of Congo (DRC), the revision of the Mining Code (the Code) and its regulation was adopted in 2018. The Code forms part of the trend of recent reforms of mining legislation in Africa. These reforms seek, inter alia, to better the interests of the State in the mining sector. In...

The Companies Act, No. 71 of 2008 came into effect on 1 May 2011 (the Companies Act). The Companies Amendment Bill was published for comment on 21 September 2018 (the Bill).  Included among the amendments proposed in the Bill is an amendment to the financial assistance prohibition that we believe will provide welcome relief for many companies. We consider below the current provision and the...

The US is credited with being the home of class action lawsuits. Whereas, in South Africa, class actions were only introduced after 1994. The Bill of Rights, as set out in Chapter 2 of the Constitution of the Republic of South Africa 1996 (the Constitution), entrenches certain fundamental human rights, which include the recognition of a class action.

At its ordinary session held on 21 December 2018 in Yaounde, the Ministerial Committee of the Central African Monetary Union (CAMU) adopted, after approval by the Board of Directors of the Bank of Central African States (BCAS) on 18 December 2018, Regulation No. 02/18/CAEMC/CAMU/MC on exchange rate regulation in the Central African Economic and Monetary Community (CAEMC) (the New Regulation).

Temporary Employment Services (TES), otherwise commonly known as Labour Brokers regulated by section 198 of the Labour Relations Act 66 of 1995 (LRA), is the most commonly used method for obtaining employment. This section has been one of the most controversial sections and the Constitutional Court finally resolved this problem 26 of July 2018.

Amendment to Law of Contract Act - A proposal has been tabled before Parliament to amend the Kenya Law of Contract Act, which, if passed, will require creditors to first realise the security of debtors before instituting a suit against a guarantor to a loan. This proposal offers added protection to guarantors, and comes amid increased cases of lenders taking over guarantors' property at first...

The Public Private Partnership Act No. 19 of 2010 (the Act) is the principal act made for the purpose of providing an institutional framework for the implementation of public private partnership (PPP) agreements. The Act outlines the rules and procedures of the procurement process and development of public and private sector partnerships.

The Mineral and Petroleum Resources Development Act, Act No. 28 of 2002 (the MPRDA) was promulgated with the aim of distributing mineral wealth more equally among citizens to remedy the injustices of apartheid. This was achieved by requiring that all existing mining rights be converted to "new order mining rights". Unconverted mining rights were lost, as were mining rights held but not actively...

With law firms around the globe battling with pressured profit margins, the decline in demand for legal services and the emergence of technological innovations, it comes as no surprise that the business of legal process outsourcing (LPO) is booming.

The National Development Plan 2030 (NDP), a policy document of the South African government drafted in August 2012 by the National Planning Commission, a special ministerial body first constituted in 2009 by former President Jacob Zuma, identifies the need for local investment in a strong network of economic infrastructure designed to support the country’s medium and long-term economic and social

Privatisation of State Institutions - Several State-Owned Enterprises (SOEs) have been earmarked for privatisation by the Zimbabwean government under its public enterprises reform framework for 2018-2020. The policy targets mainly SOEs which have been struggling over the years, principally due to mismanagement and undercapitalisation. In this process the government is also intent on attracting

14 years after the promulgation of the Electricity and Water Codes (Codes), several decrees have been adopted in Congo-Brazzaville, which include arrangements for the delegation of public service management in the electricity and water sectors, charging methodologies, and the methods of water use in the public domain for energy purposes.

The Companies Amendment Bill, 2018 (the Bill) was published for comment on 21 September 2018. The proposed changes to the Companies Act contained in the Bill will be the first significant changes to the Act (the Act) since it became law in 2011. We set out below some of the key changes, although there are several other proposed changes ...

The constitutional mandate relating to the environment gives every person a fundamental right to an environment that is not harmful to his or her well-being, and requires the environment to be protected for the benefit of the present and future generations.

If you are not a gamer then you may not be aware of the existing internet cultural/sexism war or "Gamergating". The Gamergate controversy resulted from a pro-harassment campaign which was conducted through the use of the hashtag #GamerGate and exclusively promoted sexism and progressivism in the video game industry, under the guise of enforcing ethics in video game journalism.

Electricity metering and attendant collection losses are prevalent in the Nigerian Power Sector (Sector). Despite the launch of the Credit Advance Payment for Metering Implementation in 2011 (CAPMI) , several metering/billing systems remain in use – most notoriously the estimated post-paid meter reading billing system and prepaid metering system.

South Africa’s economy has stagnated and, for our economy to grow and attract significant infrastructure investments, there needs to be policy certainty, especially with regard to energy policy. It is for this reason that the Minister of Energy has committed to concluding the review of the Integrated Resource Plan (IRP) by mid-August 2018. The Integrated Energy Plan (IEP) and its associated...

Clarifications on the Member States’ discretionary powers in adopting domestic legal provisions that are consistent with the Uniform Acts - The Government of the Republic of Côte d’Ivoire sought to clarify whether OHADA Member States (Member States) retain the powers to enact new legislation with respect to the domestic commercial law legislation. Whilst the issue has been considered before...

On 19 December 2017 the Energy Commission of Ghana (the Energy Commission), the regulator of the energy sector in Ghana, issued a public notice warning that the sale of electricity from renewable energy and other sources to a third party within the designated operational zones of the Electricity Company of Ghana and Northern Electricity Distribution Company without a licence/permit from the...

During his maiden State of the Nation address, South Africa’s president, Cyril Ramaphosa, stated that the implementation of a land redistribution programme involving expropriation without compensation is on the ruling party’s agenda. This is in line with the policy decision on expropriation taken at the ANC’s 54th national conference in December 2017. He briefly explained that the government...

The memorandum of incorporation (MOI) is the main constitutional document governing a company’s affairs and deals with various matters including, amongst others, the company’s powers, internal governance, the regulation of securities and the powers of its board and shareholders. In accordance with its objective to create flexibility in the operation of companies, the Companies Act 71 of 2008 (Act)

The new Article 30 of the OHADA Uniform Act on Arbitration sets out two main principles: a very general one for all those who are familiar with international arbitration law and another, more innovative, one aimed at thwarting judicial practices that delay the enforceability of arbitral awards.

The Commission for Conciliation, Mediation and Arbitration (the CCMA) is a statutory body created for the purposes of addressing employment law disputes through alternative dispute resolution mechanisms. Should a matter subsequently be taken on review, the court may, in exceptional circumstances, consider evidence arising from conciliation proceedings in the CCMA, where the evidence relates to...

The mining sector in Zambia continues to play an important national economic role and has in the last two decades experienced tremendous growth and investment, driven mainly by expansion in large-scale mining. Getting ahead, the government is focused on building a diversified and export-oriented mining sector through regulatory reform as well as embracing strategies to promote: exploitation of...