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Legal News

Experience required for Industry 4.0 

By: Sabrina Jardim     21st April 2023 With the rise of Industry 4.0 and a subsequent increase in the regulation of engineers and technologists, more experience is required from professionals operating in relevant fields, says Society for Automation, Instrumentation, Mechatronics and Control (SAIMC) CEO Johan Maartens. He says... 

JSE imposes censure on former Tongaat CFO Munro; R6m fine suspended for now

By: Darren Parker     19th April 2023 Sugar company Tongaat Hulett former CFO Murray Munro has been banned from being a director or officer of any listed company for ten years, with immediate effect.  The JSE found that he failed to fulfil his duties and responsibilities as CFO of the company with the necessary due care and skill... 

Tongaat Hulett former CFO Murray Munro
Tongaat Hulett former CFO Murray Munro

Visa issues must be fixed expeditiously to bolster investment, BLSA says

By: Tasneem Bulbulia     3rd April 2023 Business organisation Business Leadership South Africa (BLSA) has been working with government to fix the country’s visa regime; however, last week showed signs that very little progress had been made, BLSA CEO Busi Mavuso writes in her weekly newsletter. She points out that about 56 000... 

Commission welcomes Tribunal’s ruling that banks must answer on currency manipulation allegations

By: Tasneem Bulbulia     31st March 2023 The Competition Commission has welcomed the decision of the Competition Tribunal in which it dismissed applications or objections brought by various local and foreign banks to escape prosecution on currency manipulation allegations. The tribunal ruled in the commission’s favour to add nine other... 

Transnet applauds sentencing of fuel thief

By: Darren Parker     16th March 2023 State-owned freight and logistics company Transnet has welcomed the sentencing of a perpetrator arrested for tampering with the petroleum pipeline and theft of 40 000 ℓ of diesel. The conviction in the Vrede Regional Court on March 14 brings the total number of convictions to 16 since 2019. 

handcuffs

Electricity crisis deeply affecting people, businesses; disaster directives need to be rational, justified

By: Schalk Burger     2nd March 2023 The electricity shortages in South Africa, which have resulted in continuous loadshedding, are severely affecting people and businesses and, consequently, the economy and employment, specialists from law firm Cliffe Dekker Hofmeyr (CDH) noted during a briefing on March 2. They stressed that any... 

Kearney appoints energy sector veteran Reddy as equity partner

By: Donna Slater     26th January 2023 Management consulting firm Kearney has appointed energy specialist Prashaen Reddy as an equity partner. A business leader with over 13 years of experience in consulting, including six years focused on strategy and transformation in key sectors like energy, mining and chemicals, Reddy's... 

Image of energy specialist Prashaen Reddy
Energy specialist Prashaen Reddy

Godongwana appoints new Ombud Council chairperson, board member

By: Donna Slater     18th January 2023 Finance Minister Enoch Godongwana has appointed Silindile Kubheka as chairperson and Lebohang Senne as board member of the Ombud Council, both for a period of three years, effective February 1. Kubheka, currently Transnet group finance governance and risk compliance head, has served as a board... 

M&A activity impacted on several fronts in 2022 – HSF

By: Donna Slater     11th January 2023 Merger and acquisition (M&A) activity was impacted negatively in the second half of 2022 as a result of several factors, including Russia’s invasion of Ukraine, inflation, interest rate rises and political uncertainty, reports professional services firm Herbert Smith Freehills (HSF). The firm... 

M&A activity impacted on several fronts in 2022 – HSF

Extortion rackets becoming an epidemic in South Africa – Mavuso 

By: Donna Slater     28th November 2022 Large industries, from mining to construction, are being targeted by extortion rackets of epidemic proportions, as organised crime is fast emerging as the biggest threat to South Africa’s economy, says Business Leadership South Africa (BLSA) CEO Busi Mavuso. Such crime, she says, is now more... 

Outa questions Sanral’s claims of R43bn in GFIP debt

By: Darren Parker     4th November 2022 Nonprofit Organisation Against Tax Abuse (Outa) has called into question the truthfulness and accuracy of the South African National Roads Agency Limited’s (Sanral’s) claim on October 26 that R43-billion of its R45.9-billion total debt is attributed to the Gauteng Freeway Improvement Project... 

Calls intensify for audit of South African tailings dams after Jagersfontein disaster

By: Darren Parker     4th November 2022 Following the tragic collapse of the Jagersfontein tailings storage facility (TSF) in the Free State on September 11, there has been a resurgence of urgent calls for audits of South Africa’s other TSFs. The collapse of the Jagersfontein TSF claimed one human life and nearly 900 farm animals... 

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Whistleblowers need more support in fight against corruption

By: Darren Parker     19th September 2022 Business Leadership South Africa (BLSA) CEO Busi Mavuso believes more support for whistleblowers is needed if South Africa is going to make any meaningful headway in the fight against corruption.  This comes as the BLSA has been working on the Zondo Commission’s recommendations, identifying... 

BLSA CEO Busi Mavuso
BLSA CEO Busi Mavuso

New Competition Commissioner Tshepe acknowledges urgency of economic crisis

By: Darren Parker     2nd September 2022 Newly appointed Competition Commission Commissioner Doris Tshepe has stressed that the Commission did not have ten years to set precedents on new amendments to the Competition Act. “There is an urgency. We are in a crisis. Our economy is in crisis and in order to achieve desirable outcomes, we... 

Newly appointed Competition Commissioner Doris Tshepe
Newly appointed Competition Commissioner Doris Tshepe

DTIC issues draft regulations exempting SMMEs from some practices set out in the Competition Act 

By: Darren Parker     31st August 2022 Trade, Industry and Competition Minister Ebrahim Patel has announced the publishing of a draft notice in the Government Gazette on August 31 which sets out proposed terms for a new block exemption for small-, medium-sized and microenterprises (SMMEs) to be exempted from certain categories of... 

Trade, Industry and Competition Minister Ebrahim Patel
Photo by Creamer Media
Trade, Industry and Competition Minister Ebrahim Patel

DPE welcomes arrest of former Transnet execs for alleged corruption, fraud  

By: Tasneem Bulbulia     30th August 2022 The Department of Public Enterprises (DPE) has welcomed the arrest and court appearance of former Transnet executives on charges related to alleged corruption, State capture and fraud. The arrest of former Transnet Group CEO Brian Molefe and former Transnet CFO Anoj Singh, is an indication that... 

Post Office reports healthy uptake of online car licence renewal facility

By: Darren Parker     2nd August 2022 The South African Post Office reports that there has been a “healthy” uptake of its online motor vehicle licence renewal facility, which was launched at the end of January.  More than 37 000 vehicle licences have thus far been renewed nationally through the system since then – most of them in... 

AfriForum demands transparent information on Eskom’s active contracts

By: Darren Parker     12th July 2022 Civil rights organisation AfriForum has served a public access to information (PAIA) application on Eskom, demanding information on active contracts that the national power provider currently has with various service providers, including coal suppliers and transport companies that transport the... 

Rail infrastructure thieves sentenced to ten years 

By: Donna Slater     21st June 2022 Seven criminals, found in possession of Transnet railway tracks in January, were sentenced to ten years in prison after pleading guilty to tampering with, damaging and destroying essential infrastructure. In recent years, Transnet has experienced a sharp increase involving theft of cables and... 

An image of a rail line

Impact of disruptive weather on supply chain requires mitigation

By: Tasneem Bulbulia     21st June 2022 Weather conditions in KwaZulu-Natal in April disrupted the entire supply chain, and while this is slowly being restored to normality, there are considerably direct and consequential costs to the region and country, and a full recovery will take much time, law firm Bowmans ports, transport and... 

Policy opportunity for rail infrastructure

By: Sabrina Jardim     17th June 2022 With South Africa’s reliance on commodity exports, which can be handled only in large volumes by rail, law firm Norton Rose Fulbright Africa director and transport head Malcolm Hartwell says rail is a more efficient and environment-friendly way of transporting goods, making it crucial that rail... 

An image depicting railway tracks against the backdrop of a blue sky with white clouds and a bright shining sun
Photo by Adobe
RAIL POLICY The White Paper on National Rail Policy recognises problems with rail infrastructure and commits government to solving them

Policies require international funding – law firm

By: Sabrina Jardim     17th June 2022 Without international assistance, South Africa does not have the capacity to fund some of the large rail projects outlined by the National Rail Policy (NRP), released by Transport Minister Fikile Mbalula this year as a draft White Paper and subsequently approved by Cabinet, says law firm Norton... 

An image depicting a man, Malcolm Hartwell, wearing a red tie, light blue shirt and black blazer
MALCOLM HARTWELL Hartwell says investment in infrastructure is needed to stimulate the economy, create employment and help address social and economic imbalances

Treasury gazettes new VAT regulations for valuable metal vendors

By: Darren Parker     14th June 2022 The National Treasury this week gazetted the Regulations on Domestic Reverse Charge Relating to Valuable Metal, which is meant to serve as an anti-abuse measure aimed at foreclosing schemes and malpractices to claim undue value-added tax (VAT) refunds from the South African Revenue Service (Sars)... 

Better assessment needed to overcome future crises – BLSA 

By: Donna Slater     13th June 2022 In responding to crises on local soil, South Africa needs to ensure all collaborators have sufficient capacity to engage and plan for joint action, says Business Leadership South Africa CEO Busi Mavuso. She says South Africa has responded well to some of the recent crises it has been presented... 

No final decision yet for Eskom’s Thyspunt licence application, says NNR

By: Donna Slater     7th June 2022 A final decision into Eskom’s nuclear installation site licence (NISL) for its proposed Thyspunt nuclear power station cannot be made, owing to “information gaps and outdated data” relating to the application under consideration by the National Nuclear Regulator (NNR). Eskom submitted the... 

Opinion: Environmental law in South Africa – a complex and evolving set of requirements

6th June 2022 In this article, Inlexso Legal Solutions environmental law adviser Morne Viljoen warns companies to not underestimate the complexity of environmental law and to plan for compliance early on in a project's development. 

Takeover Regulation Panel nullifies shareholder waiver of Magister’s investment into Tongaat

By: Donna Slater     3rd June 2022 Sugar, ethanol, animal feeds and cattle company Tongaat Hulett reports that the Takeover Regulation Panel (TRP) has completed its investigation, concluding that the third parties and Magister Investments are concert parties, and accordingly that the shareholder waiver has been nullified as a... 

Drive-based solutions enhance efficiency, safety of machines

3rd June 2022 Engineering Solutions provider BMG’s Nord predictive maintenance solutions offer fast, efficient and comprehensive evaluation of analogue and digital data, to enhance the operational efficiency and safety of machines.  

Image of Nord’s maintenance system
PREDICTIVE SOLUTIONS The intelligent PLC in Nord drive technology forms the basis for condition monitoring and predictive maintenance.

ECSA elects its first female president

By: Darren Parker     6th May 2022 The Engineering Council of South Africa (ECSA) elected its first female president Refilwe Buthelezi following the sixth term council special meeting on May 5. ECSA has not had a female president since its inception, with ECSA stating on May 6 that the election of Buthelezi in the engineering and... 

NPA, Eskom meet to collaborate on State capture and organised crime

By: Donna Slater     6th May 2022 The National Prosecuting Authority (NPA), led by National Director of Public Prosecutions Advocate Shamila Batohi and Eskom CEO André de Ruyter met on May 5 to discuss appropriate collaboration on State capture cases and other organised crimes against Eskom. Batohi and De Ruyter were accompanied... 

Competition practice note published to improve conduct, entry barriers, inclusivity

By: Donna Slater     4th May 2022 The Competition Commission published a practice note on the Promotion of Competition and Inclusion in Supplier Panels of Banks and Insurers on February 28, building on the enforcement and advocacy work the commission has undertaken with insurers and banks over time. The commission reports in a... 

Act compliance lacking in municipalities

By: Tracy Hancock     29th April 2022 Although the purpose and provisions of South Africa’s National Water Act, No 36 of 1998 and Water Services Act, No 108 of 1997 are prescribed, it is the observance and compliance with the obligations under these Acts that is wanting, says law firm Cliffe Dekker Hofmeyr environmental, mining and... 

MONITORING MATTERS
The welcomed resurrection of the Blue and Green Drop Certification programme will again give the country insight into the status of its municipal sewage plants
MONITORING MATTERS The welcomed resurrection of the Blue and Green Drop Certification programme will again give the country insight into the status of its municipal sewage plants

Contractors may need clauses to mitigate exceptional international events

By: Tasneem Bulbulia     16th March 2022 Having barely survived the negative economic effects of Covid-19, South African construction contractors now need to factor in the risk of massive price hikes following the war in Ukraine and resultant sanctions against Russia, says construction law firm MDA Attorneys. The law firm notes that... 

SCA clarifies Eskom’s right to payment for municipal electricity used

By: Donna Slater     14th March 2022 Power utility Eskom achieved a significant legal victory against municipalities when the Supreme Court of Appeal (SCA) on March 9 affirmed its right to payment for services rendered to municipalities. This was the conclusion of a court case between Eskom and the Free State province, in which the... 

Capacity, resource management critical to prosecuting State capture perpetrators

By: Donna Slater     7th March 2022 With the latest volume of the Zondo Commission report having been released, Business Leadership South Africa (BLSA) CEO Busi Mavuso says it will be critical to manage the capacity and resources of South Africa’s investigating and prosecuting services. In this regard, she notes that the National... 

NSDV promotes two directors, senior associate

By: Donna Slater     3rd March 2022 Fully integrated mining, construction and environmental law and consultancy firm NSDV has promoted three senior employees after growing the firm from three founding members, to 28 legal and corporate consultants and support staff over the past three years. NSDV co-founder and director Lili Nupen... 

An image of Samantha Reyneke
NSDV's new construction department director Samantha Reyneke

New SAIIA paper highlights IMF's role in supporting South Africa's just transition

By: Darren Parker     2nd March 2022 Global finance organisation the International Monetary Fund (IMF) has an important role to play in supporting South Africa’s just transition away from fossil-fuel dependence, independent think-tank the South African Institute of International Affairs (SAIIA) has found. The organisation this week... 

a photo of the IMF logo
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