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Legal News

Namibia has best roads in sub-Saharan Africa, with South Africa scoring on par with Rwanda, Mauritius

By: Darren Parker     20th November 2024 According to the ‘Global Competitiveness Index’ compiled by the World Economic Forum and hosted on the World Bank's Prosperity Data360 platform, Namibia ranks highest in sub-Saharan Africa for road quality, achieving a score of 5.31 out of seven on a scale used to evaluate infrastructure.... 

JSE censures, bans, fines Thabi Leoka

By: Darren Parker     15th November 2024 The JSE has decided to impose a public censure on Thabi Leoka, the former independent nonexecutive director of listed companies Remgro, Netcare and Anglo American Platinum, along with a fine of R500 000, for failing to provide proof of a qualification she had previously claimed to have obtained.... 

Thabi Leoka
Photo by New Development Bank
Thabi Leoka

National Treasury publishes Phase 2 carbon tax discussion paper for public comment

By: Darren Parker     13th November 2024 National Treasury has published a carbon tax discussion paper for public comment, outlining Phase 2 of the carbon tax. Government announced its intention to do this in the 2024 Budget presented in February. 

carbon tax graphic

‘No crisis looming’ as independent technical assessment set to resolve billing dispute between Eskom, City Power 

By: Darren Parker     11th November 2024 Electricity and Energy Minister Dr Kgosientsho Ramakgopa has confirmed that an independent technical assessment of the R6.1-billion billing dispute between State-owned utility Eskom and the City of Johannesburg’s (CoJ’s) wholly-owned electricity utility City Power will be carried out over the... 

johannesburg at night
The lights will remain on in Johannesburg over Christmas

Parsons concerned Trump’s victory will result in volatility, uncertainty in emerging economies

By: Darren Parker     6th November 2024 While the decisive American election mandate, which has seen Donald Trump being all but confirmed as President elect in the US, has strengthened political certainty within that country, it has heightened market volatility and uncertainty elsewhere, including among emerging economies, North West... 

President elect Donald Trump
President elect Donald Trump

Sugar industry calls for Godongwana to honour his commitment to reassess sugar tax

By: Darren Parker     28th October 2024 In an open letter, several sugar industry associations have called on Finance Minister Enoch Godongwana to honour a commitment he made in his 2023 Budget, where he announced that consultations would be initiated with affected and interested parties on adjustments to the Health Promotion Levy... 

sugar pile

Sun International’s proposed acquisition of Peermont should be denied, commission recommends

By: Darren Parker     28th October 2024 The Competition Commission has recommended that the Competition Tribunal prohibit JSE-listed Sun International’s proposed acquisition of Peermont Holdings. The commission said on October 28 that it found that the proposed merger between the two casino owners would likely substantially prevent... 

roulette table closeup

Local supply chain challenges pose significant threat to localised manufacturing

By: Darren Parker     24th October 2024 If hydrogen technology developer Mitochondria Energy CEO Mashudu Ramano had known beforehand how difficult it would be to find local suppliers for hydrogen fuel cell and electrolyser parts, he would never have entered the hydrogen market at all, he revealed on October 23. Speaking on the second... 

Mitochondria's fuel cell technology
Photo by Mitochondria Energy Company
Mitochondria's fuel cell technology

South Africa’s reindustrialisation requires collaboration between multiple sectors

By: Darren Parker     4th October 2024 To achieve reindustrialisation in South Africa, collaboration across industries is crucial, Kearney metals and mining global lead Igor Hulak said during the second day of the Joburg Indaba, in Johannesburg, on October 3. He emphasised that reindustrialisation "cannot be done only by one industry... 

joburg

South African, Angolan competition authorities sign MoU

By: Darren Parker     4th September 2024 The Competition Commission has signed a memorandum of understanding (MoU) with the Angola Competition Authority (ACA), establishing a general framework for bilateral communication and cooperation in the fields of competition law, policy and enforcement. The MoU, which was signed on September 4 on... 

Commissioner Doris Tshepe and ACA chairperson Dr Eugénia Pereira
Commissioner Doris Tshepe and ACA chairperson Dr Eugénia Pereira

M&R reaches debt repayment agreement with banking consortium

By: Darren Parker     30th August 2024 JSE-listed Murray & Roberts (M&R) has reached an agreement with a consortium of South African banks to repay R409-million in debt. The debt, which peaked at about R2-billion in April 2023, has been significantly reduced through a deleveraging plan agreed upon by the company and the consortium. A... 

CoJ wants unified forum to address illegal mining scourge

By: Darren Parker     29th August 2024 The City of Johannesburg's (CoJ’s) Environment and Infrastructure Services Department (EISD) has called for the establishment of a unified forum to address illegal mining, emphasising the need for a CoJ illegal mining policy or bylaws. EISD representative Cleopatra Mputle highlighted on August 29... 

illegal mining access points

Transnet Pipelines welcomes sentencing of fuel thief

By: Sabrina Jardim     28th August 2024 Transnet Pipelines (TPL) has welcomed the recent 35-year sentence imposed on a Zimbabwean national for tampering with essential infrastructure, the theft of fuel and being in possession of stolen property. TPL says this verdict, delivered on August 26 in the Pretoria Regional Court, highlights... 

Rail infrastructure thieves receive lengthy prison sentences 

By: Darren Parker     22nd August 2024 State-owned Transnet Freight Rail (TFR) has welcomed the conviction and sentencing of four people arrested in connection with the theft and damage of essential Transnet infrastructure that seriously impacted on its rail operations. On August 19, the Nxuba Magistrate’s Court in the Eastern Cape... 

handcuffs

Renergen says 'relevant' authorities have found no corporate governance wrongdoing

By: Darren Parker     15th August 2024 ASX- and JSE-listed Renergen says it has been cleared of any wrongdoing following an investigation into allegations levelled at the company over the past few months regarding potential irregularities in its business practices and South African corporate governance. “The relevant South African... 

Renergen CEO Stefano Marani
Renergen CEO Stefano Marani

Transnet initiates investigation into Fidelity security tender award

By: Darren Parker     14th August 2024 State-owned Transnet has commissioned an investigation to determine the facts and associated circumstances with regard to recent allegations in the media casting doubt on the integrity pertaining to the award of a tender that resulted in the Fidelity Group being appointed an outcomes-based... 

transnet freight train

HSF appoints Patrick Hirsch as Projects, Energy, and Infrastructure partner in Johannesburg

By: Schalk Burger     8th August 2024 International law firm Herbert Smith Freehills (HSF) has appointed Patrick Hirsch as a partner in the Projects, Energy and Infrastructure (PEI) team based in its Johannesburg office. Hirsch, who has 30 years of experience, specialises in project development and project finance, including public... 

Burgeoning renewable-energy industry presents legal considerations for stakeholders  

By: Tasneem Bulbulia     2nd August 2024 With renewable-energy demand set to continue to increase in South Africa in the coming years, industry players must be cognisant of how to manage risks and disputes in projects, and will also have to contend with unprecedented legal consequences that are emerging. This was highlighted by speakers... 

An image of A&O Shearman Projects counsel director Mongezi Dladla
A&O Shearman Projects counsel director Mongezi Dladla explains how renewable-energy projects are typically structured and financed; while A&O Shearman South Africa managing partner Gerhard Rudolph provides tangible examples of disputes experienced in renewable-energy projects in the country.

Adams & Adams appoints Stuart Boyd as COO

By: Schalk Burger     1st August 2024 Law firm Adams & Adams has appointed Stuart Boyd as its new COO. He will be responsible for overseeing the firm's operational functions and ensuring it remains at the forefront of innovation and client service. Boyd has a career spanning more than 28 years in legal and financial services and he... 

Adams & Adams COO Stuart Boyd
Adams & Adams COO Stuart Boyd

Aggressive scrap metal policies should be based on transparent data, not conjecture, expert says  

By: Darren Parker     30th July 2024 Significant alterations to existing scrap metal regulations and outright bans – albeit temporary – on the trade of certain scrap metals should not be made without access to transparent and accurate sector data, international trade consultancy XA Global Trade Advisors director Donald MacKay has... 

scrap metal
Watch this video to see XA Global Trade Advisors director Donald MacKay discuss scrap metal market challenges

National Treasury welcomes signing of Pension Funds Amendment Act into law

By: Darren Parker     30th July 2024 National Treasury has voiced its approval of the Pension Funds Amendment Act being signed into law by the President Cyril Ramaphosa last week. This signals the last part of the significant amendments required to implement the two-pot system, which will start on September 1 after proclamation by... 

Nearly three-quarters of investors unsatisfied with quality of ESG reporting 

By: Darren Parker     25th July 2024 Law firm EY research has revealed that about 73% of investors say that companies largely fail to create enhanced reports encompassing environmental, social and governance (ESG) and financial disclosures, while 99% of investors use ESG disclosures in their investment decisions. Speaking at the... 

trucks in a queue
In this video, EY Africa climate change and sustainability service leader Clemence McNulty and JC Auditors director Oliver Naidoo discuss ESG reporting statistics and challenges

Legal stakeholders respond to Climate Change Bill being signed into law

By: Tasneem Bulbulia     25th July 2024 Legal stakeholders have welcomed President Cyril Ramaphosa’s signing of the Climate Change Bill into law on July 23, and have also highlighted areas of focus. The Environmental Assessment Practitioners Association of South Africa (EAPASA) says the signing of the Bill is a step in the right... 

Seifsa cites problems with proposed amendments to scrap metal trading laws 

By: Darren Parker     24th July 2024 Industry body the Steel and Engineering Industries Federation of Southern Africa (Seifsa) has criticised the proposed amendments to the Regulations to the Second-Hand Goods Act put forward for public comment by the Civilian Secretariat for the Police Service on July 12. Seifsa president Elias... 

Seifsa president Elias Monage
Seifsa president Elias Monage

Eskom employee, service provider face fraud charges in court

By: Darren Parker     9th July 2024 An employee of State-owned Eskom and a service provider to the utility last week appeared in the Hendrina Magistrate Court, in Mpumalanga, on charges of fraud, with each granted bail of R30 000. It is alleged that, between January and April last year, the service provider supplied five valve... 

Eskom power plant

Priyesh Daya appointed to ICC International Court of Arbitration

By: Darren Parker     3rd July 2024 Law firm Webber Wentzel partner Priyesh Daya has been appointed as a member of the International Chamber of Commerce's (ICC’s) International Court of Arbitration for a three-year term starting on July 1. The ICC Court is the world's leading arbitral institution, facilitating the resolution of... 

Webber Wentzel partner Priyesh Daya
Webber Wentzel partner Priyesh Daya

UN calls for Potgieter, Huxham’s immediate release from Equatorial Guinea prison

By: Darren Parker     2nd July 2024 The UN Working Group on Arbitrary Detention has called for the immediate release of South African engineers Frederik Potgieter and Peter Huxham, declaring in a formal opinion that the detention of the two men in Equatorial Guinea is arbitrary and illegal. The UN decision is a material finding... 

Frederik Potgieter and Peter Huxham
Frederik Potgieter and Peter Huxham

Event to highlight key African projects

28th June 2024 The upcoming African Energy Week (AEW): Invest in African Energy 2024 conference will focus on critical industry issues and investment opportunities in Africa's energy sector, including discussion on key energy projects and Africa’s burgeoning green hydrogen industry. The conference will be held... 

An image of the 2023 African Energy Week central stage
TOWN HALL MEETING The Town Hall central stage at the upcoming African Energy Week conference will unite key stakeholders to address challenges and opportunities in Africa's energy sector

Government interventions key for hydrogen development

28th June 2024 Green hydrogen is hailed as critical for a low-carbon energy future, with Africa well-positioned to be a key player in this sector. However, realising the continent’s potential requires African governments’ intervention to derisk and encourage investments, according to global law firm A&O... 

An illustration of the Cleanergy Pilot Plant near Walvis Bay, Namibia
A VISION OF THE FUTURE Notable projects in Morocco, and initiatives in Mauritania, Djibouti, Namibia and South Africa, showcase Africa’s potential as a future global hub for green hydrogen production

Legislative certainty amid government shuffle crucial for continued renewable-energy investment 

By: Darren Parker     26th June 2024 A clear and certain legislative framework is critical for enabling sustainability and green energy investments in South Africa going forward, especially given the changes taking place in government following unprecedented outcome of the May 29 elections, Absa Corporate and Investment Banking... 

renewable energy, wind and solar
In this video, Absa Corporate and Investment Banking environmental, social and governance head Msizi Khoza, Absa regional operations strategy and business transformation executive Linda Sing, and Enel Green Power Southern Africa country manager Manuele Battisti discuss renewable energy investment in Africa.

CoJ, City Power say High Court did not consider all evidence in Eskom case

By: Darren Parker     21st June 2024 In response to a recent Johannesburg High Court order favouring State-owned utility Eskom in a payment dispute with the City of Johannesburg (CoJ) and City Power, the CoJ and City Power say the court did not fully consider critical aspects of the evidence.  “While we accept and respect the... 

pylons at sunset

Families to petition Pan-African Parliament for release of two South African prisoners

By: Darren Parker     21st June 2024 On June 24, 501 days after two South African men were allegedly unlawfully arrested in Equatorial Guinea, their families are going to hand over a formal request to Pan-African Parliament (PAP) president Chief Fortune Zephania Charumbira, in Midrand, to ask the institution to help secure the... 

Frik Potgieter and Peter Huxham
Frik Potgieter and Peter Huxham

Streamlined PPP framework could unlock infrastructure investment

By: Darren Parker     21st June 2024 In February, the National Treasury asked for public comments to be submitted in respect of the newly drafted amendments to the National Treasury Regulations (NTR) 16, and key elements of municipal public-private partnerships (PPPs) legislation, to bring it in line with recommendations based on a... 

Streamlined PPP framework could unlock infrastructure investment

Event highlights gains, challenges in competition law space

By: Tasneem Bulbulia     12th June 2024 As South Africa commemorates 25 years of the Competition Act, there has been much progress in the competition law landscape and the learnings and insights gleaned from this can be used to support further gains and shape the future. This was highlighted by speakers during law firm Webber Wentzel’s... 

An image of Supreme Court of Appeal Judge David Unterhalter
Judge David Unterhalter

Green Connection petitions court to ‘force’ Nersa, DMRE to supply Karpowership information 

By: Darren Parker     5th June 2024 Environmental activist nonprofit organisation the Green Connection has taken the National Energy Regulator of South Africa (Nersa) and the Department of Mineral Resources and Energy (DMRE) to court in an effort to “force” them to supply key information regarding the Karpowership deals.... 

Demonstrations by climate activists

Outa to challenge Karpowership generation licences in court

By: Sabrina Jardim     24th May 2024 The Organisation Undoing Tax Abuse (Outa) is gearing up for a court application to compel the National Energy Regulator of South Africa (Nersa) to provide it with the full, unredacted record of Nersa’s decision to approve generation licences to Karpowership. This application is set down to be... 

Cliffe Dekker Hofmeyr appoints new dispute resolution director

By: Darren Parker     13th May 2024 Law firm Cliffe Dekker Hofmeyr (CDH) has announced the appointment of new dispute resolution director Marelise van der Westhuizen as of May 1.  CDH CEO Brent Williams noted on May 13 that Van der Westhuizen had received good client feedback. 

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