December 2016


The practical effects of POPI Communications Law December 2016

Legislative developments currently afoot in South Africa are set to change the way in which businesses outsource their technology operations. These changes will have an effect on the way in which businesses interact with their outsource service providers, the most substantial effect being that businesses will have to accept more responsibility, and be accountable for the personal information outsource service providers process.

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Updating domicilium provisions Electronic communications law December 2016

Many contract drafters view the domicilium provision as a so-called boilerplate, which is often copied from one contract to another. This copy-and-paste phenomenon creates the risk that updates in the law and circumstances do not always find their way into a domicilium provision.

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Contributing towards sustainability Energy Law December 2016

The global demand for green energy has been increasing for a number of years. While electricity utilities have created the majority of this demand, a new trend has developed over the past few years as corporates seek to procure clean energy from independent power producers (IPPs). Despite its seemingly complex and risky nature, corporate power purchase agreements (Corporate PPAs) provide a useful, and cost effective way for companies to acquire clean power, while ticking a number of other boxes.

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Two ASA steps forward, one step back Advertising December 2016

The Advertising Standards Authority of South Africa (ASA) seems to have been affected by the ubiquitous curse: May You Live in Interesting Times.

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Tales from the US of A... December 2016 International December 2016

Secret nude recordings did not violate child porn laws

A Tennessee man who secretly made video recordings of girls aged 12 to 14 at his home didn't violate the State's child pornography law because the nude images didn't amount to "lascivious exhibition" according to the state supreme court.

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The World in November International December 2016

I am sure this invention could be expanded. An American inventor who was fed up with ineffective locks decided to create one himself. Any cycle thief who tries to break through the SkunkLock will find it releases a noxious, smelly gas which induces vomiting. Daniel Idzkowski, co-founder of SkunkLock, said that the and his friends were sick of having their bikes stolen.

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Trump: the rescuer of an insolvent political system? International December 2016

May your choices reflect your hopes. Not your fears - Nelson Mandela
As I was stuck in the near apocalyptic thunderstorm, the likes of which Johannesburg had not seen in the past decade, I pondered whether it was merely a coincidence that this occurrence of force majeure was gripping the city on the ninth day of the eleventh month – the very same day that Donald Trump was voted in as the president-elect of the (for now at least) most powerful nation on earth.

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Orthography alert Platteland Perspective December 2016

Reading judgements for a living means you often spot mistakes that judges accidentally allow through in their decisions but, as Bra Jakkals is about to hear, sometimes you find one so full of mistakes that it is incomprehensible in parts.

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Draft Preferential Regulations Public Law December 2016

The South African government is the largest buyer of goods, services and construction works in the country. Annually, it spends more than R500bn, through over 1 000 procuring entities. Many companies are dependent on government contracts for their survival.

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Procurement pitfalls Public Law December 2016

Procurement of goods and services by the state is of huge significance to the economy. Statistics show that State Procurement in 2014 amounted to no less than 14% of GDP. It is also a powerful engine for political and social change, as witnessed by legislation such as the Broad Based Black Economic Empowerment Act.

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Finding new ways for women 2016 Women in law December 2016

A year ago, Amanda Lamond's vision to bring together women in law to start a conversation about a new consciousness in law became a reality, and WOLELA (Women Leading in Law) was born.

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Comparing apples with oranges Employment Law December 2016

The consistency principle requires that employers impose consistent sanctions on employees who are found guilty of the same misconduct. Item 3(6) of Schedule 8 of the Code of Good Practice: Dismissal (Code) provides that: "The employer should apply the penalty of dismissal consistently with the way in which it has been applied to the same and other employees in the past, and consistently as between two or more employees who participate in the misconduct under consideration".

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National News - December 2016 National News December 2016

Appointments: Tax practice: Johannesburg – Robyn Kantor has been appointed a tax manager and Judy Becker an associate. Steven Powell, head of ENSafrica's forensics department, was recently recognised by the Association of Certified Fraud Examiners for his contribution to the prevention and detection of fraud and white collar crime. He was awarded the Contribution to the Anti-Fraud Profession in South Africa (Advocacy) of the Year Award 2016.

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Corporate Finance Overview Deal Selection December 2016

JSE Listed M&A

Power Technologies, the Allied Electronics subsidiary, has disposed of its automotive battery business – Powertech Battery Group – to Trinitas Fund General Partner for R300m cash.

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Medical malpractice through Bach’s eyes Medical Law December 2016

Johann Sebastian Bach, the great German composer and musician of the Baroque period, enjoyed good health for most of his life. But he died, completely blind, less than four months after undergoing eye operations for what seemed to be cataracts, at the hand of a travelling English eye surgeon, John Taylor, who was as well known for his womanising and puffery as he was for his eye surgeries.

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