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Christine Rodrigues, partner, Hogan Lovells
What constitutes financial advice?

What conduct constitutes financial advice and what would amount to negligent financial advice?

By Christine Rodrigues 21 May 2019

More transparency in the chicken industry - court action suspended
More transparency in the chicken industry - court action suspended

The Association of Meat Importers and Exporters (AMIE) and the South African Poultry Association (SAPA) have agreed to lift the veil of secrecy on 'confidential' documents on which the protectionist application on chicken imports is based, thereby averting a protracted court battle...

16 May 2019

Funding gaps in infrastructure and energy projects in Africa
Funding gaps in infrastructure and energy projects in Africa

One of the key challenges in getting energy and infrastructure projects off the ground in Africa is the lack of available funding...

By Mike Webb 14 May 2019

Are agreements in restraint of trade enforceable?
Are agreements in restraint of trade enforceable?

There is a common misconception amongst many members of the public, and indeed the legal profession, that agreements in restraint of trade are invalid and unenforceable. As a matter of fact, and law, nothing could be further from the truth...

By John Saner, Issued by LexisNexis 14 May 2019

Unpacking the draft Conduct Standard for Banks...
Unpacking the draft Conduct Standard for Banks...

The draft Conduct Standard - published for public comment on 3 May 2019 - aims to introduce requirements applicable to banks, mutual banks and co-operative banks that promote the fair treatment of financial customers of banks...

By Dawid de Villiers, Johann Scholtz and Jessica du Toit 10 May 2019

What is the principle of 'compromise' in disputes?
What is the principle of 'compromise' in disputes?

A compromise is an agreement whereby parties settle a dispute between themselves. If the dispute concerns an existing agreement, the compromise will replace that agreement and terminate any obligations in terms thereof...

By Rosanne Kinder 2 May 2019

17 home builders deregistered for various contraventions
17 home builders deregistered for various contraventions

Seventeen contractors and builders have been deregistered from the National Home Builders Registration Council (NHBRC) database of approved homebuilders for contravening the Housing Consumers Protection Measures (HCPMA) Act...

30 Apr 2019

Tackling the Big Fish
Tackling the Big Fish

In Big Catch Fishing Tackle Pty Ltd and Others v Justin Miles Kemp and Others (2019), De Waal AJ dismissed the application instituted for interim relief, with costs against the second to fifth applicants, on the basis that the applicants had not made out a case that they would suffer irreparable harm if the interdict was not granted...

By Dean Joffe, overseen by Ashlin Perumall 16 Apr 2019

Understand third-party risks when choosing partners and associates
Understand third-party risks when choosing partners and associates

Deciding to go into business with a company requires many background checks to ensure you are making a wise decision that will not put your company's reputation at risk...

Issued by LexisNexis 16 Apr 2019

Finalising new DMASA Code of Practice
Finalising new DMASA Code of Practice

The Direct Marketing Association of South Africa (DMASA) has announced that its updated Code of Practice is in the process of finalisation...

15 Apr 2019

Image source: Getty/Gallo
Tax and the ethics of paying back the money

Companies can't just pretty up their board of directors with figure heads, appointed for their reputation and the contacts that they will bring to the particular organisation...

By Jerry Botha & Jonathan Goldberg 15 Apr 2019

The cost of failing to notify authorities of mergers
The cost of failing to notify authorities of mergers

The Competition Commission has sought to provide some guidance regarding the notification and implementation of mergers by publishing Guidelines for the determination of administrative penalties for failure to notify mergers and implementation of mergers contrary to the Competition Act...

By Burton Phillips 11 Apr 2019

Who's the boss during business rescue?
Who's the boss during business rescue?

Companies may seek business rescue as a way to buy time to get back on their feet while enjoying protection from creditors' claims, while assuming they will drive the recovery process. This couldn't be further from the truth...

1 Apr 2019

How do new VAT cross-border e-commerce rules affect suppliers?
How do new VAT cross-border e-commerce rules affect suppliers?

The indirect taxation of cross-border e-commerce transactions have been high on the agenda for tax authorities worldwide. There is clearly a perception that much of these transactions are escaping indirect tax (essentially VAT) because the supplier and consumer are in different jurisdictions...

By Des Kruger 1 Apr 2019

The best practice when it comes to 'know your customer' KYC
The best practice when it comes to 'know your customer' KYC

Abiding by a host of regulatory requirements is an additional responsibility for businesses, many of which already face immense pressure to increase margins in tough economic times and improve customer satisfaction in competitive environments...

Issued by LexisNexis 29 Mar 2019

Why every director should dissect the details of liability insurance
Why every director should dissect the details of liability insurance

Overlooking the fine-print and particulars stipulated in Directors' Liability Insurance can be detrimental to company directors...

By PJ Veldhuizen 29 Mar 2019

Smart contracts vs traditional contracts: Same but different
Smart contracts vs traditional contracts: Same but different

Smart contracts mark the evolution of the binding contract from a set of terms and conditions, governed by the common law, into a set of conditional statements governed by a programming language and the tenets of blockchain technology...

By Seshree Govender 26 Mar 2019

Whether it's R1 or R1m - you have to be registered when lending money with interest
Whether it's R1 or R1m - you have to be registered when lending money with interest

The fall out between an elderly couple and their business partner, and the consequent lengthy legal battle, led to an interesting situation for anyone borrowing or lending money in South Africa...

By Lamis Adam 26 Mar 2019

Liquor industry signs guidelines for good business practice for SA companies in Africa
Liquor industry signs guidelines for good business practice for SA companies in Africa

The liquor industry has signed the Guidelines for Good Business Practice for South African Companies Operating on the African Continent...

1 Mar 2019

How to get your money back in a blockchain dispute
How to get your money back in a blockchain dispute

South Africa has yet to witness a major blockchain-related dispute but such disputes are bound to occur as interest in cryptocurrencies and smart contracts intensifies and transactions involving them become more common...

By Kirsten Bailey and Max Taylor 26 Feb 2019

SAA settles Comair dispute
SAA settles Comair dispute

South African Airways (SAA) has reached a settlement with Comair following a protracted legal battle, saying it paves the way for the airline to reach financial sustainability...

18 Feb 2019

How business misrepresentation for minimum wage exemption can lead to jail time
How business misrepresentation for minimum wage exemption can lead to jail time

The Department of Labour has reported it has only received 26 applications from businesses requesting exemption from the National Minimum Wage Act, which came into effect on 1 January 2019...

18 Feb 2019

Independent schools and the Constitution: A delicate balance
Independent schools and the Constitution: A delicate balance

The right of a child to attend an independent school arises from the contract between the parents of the child and the school and not from the right to a basic education enshrined in the Constitution...

By Tim Fletcher 8 Feb 2019

Did you hear the Legal Show free registration is open?
Did you hear the Legal Show free registration is open?

Be inspired by the latest tech solutions that are taking law firms and legal professionals by storm! Hear about top themes that are reshaping the legal profession...

Issued by Terrapinn 29 Jan 2019

Campaign expected to clamp down on illegal trade
Campaign expected to clamp down on illegal trade

A campaign is to be launched to deal with the proliferation of illegal business enterprises in KwaZulu-Natal...

28 Jan 2019

PIC commission of inquiry begins
PIC commission of inquiry begins

Public hearings into allegations of impropriety at the Public Investment Corporation (PIC) get underway in Tshwane this morning...

21 Jan 2019

Is South Africa ready for a state-owned bank?
Is South Africa ready for a state-owned bank?

The proposed amendments to the South African Banks Act will pave the way for a state-owned bank to be established on equal footing with privately owned banks...

By Chantel van Zyl and Rui Lopes 17 Jan 2019

National minimum wage - no sympathy for non-compliance
National minimum wage - no sympathy for non-compliance

"To not pay the correct wage is a high-risk exercise." This is according to Rob Cooper, Chairperson of the Payroll Authors Group of South Africa, a body that represents the payroll industry with statutory bodies...

Issued by Junxion Communications 17 Jan 2019

The future of competition law reform in South Africa is now
The future of competition law reform in South Africa is now

In July 2018, the Minister of Economic Development, Ebrahim Patel, introduced to Parliament a radical bill aimed at amending the Competition Act...

By Leana Engelbrecht 14 Jan 2019

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