April 2017


Green energy & green currency snippets Environmental Law April 2017

The signing of the Paris Agreement, which came into effect on 4 November 2016, has again highlighted the importance of climate change to the global community. The Paris Agreement calls for collaborative efforts from the private and public sectors to strengthen global response to the threat of climate change, and to find sustainable measures for economic and social development. This article seeks to highlight some of the recent developments in the "green movement", including trends such as the issuing of green bonds and the latest criteria from the World Bank.

Read More

Trump’s anti-China attitude could enhance FDI in African mining industry Economic Law April 2017

While the uncertainty around macro-economic trends – including Brexit, the Trump win, and increasing globalisation efforts from China – may not bode well for the global economy, the African mining economy could well see favourable spin-offs. The conflicting views of the West and the East on economic globalisation could well present an opportunity for Africa.

Read More

The new FIDIC Yellow Book: It's about time Construction Law April 2017

At a recent conference held in London, attendees were provided with the proposed revisions to the FIDIC 1999 Yellow Book for Plant and Design.

Read More

The prima facie test for ship arrests revisited Admirality Law April 2017

The importance of establishing a prima facie claim at the time of the arrest of a ship, whether an in rem arrest or a security arrest, has been highlighted in two recent admiralty judgements.

Read More

Can you have your cake and eat it too? Contract Law April 2017

In the case of BP Southern Africa (Pty) Ltd v Intertrans Earl SA (Pty) Ltd & Others (34716/2016) [2016] ZAGPJHC 310 (25 November 2016), the court had to consider two important issues: firstly, whether suspension of a contract by the business rescue practitioner in terms of s136(2)(a)(i) and (ii) of the Companies Act (71 of 2008) suspends not only the obligations of the business rescue practitioner to perform in terms of the contract entered into between the parties, but whether it also suspends the obligations of the other contracting parties. Secondly, what effect the suspension of obligations had on the cession of debtors in respect of debts which arose after the commencement of business rescue.

Read More

A cautionary note Contract Law April 2017

The appeal court looked at the judgement of the full bench of the High Court of South Africa, Free State Division, Bloemfontein, in the matter of MEC for Public Works and Infrastructure, Free State Provincial Government v Mofomo Construction CC, Case A138/2016, (the Department and Mofomo respectively), to consider whether the court a quo had erred in finding that, consequent upon a valid procurement process undertaken by the Department, a valid and binding contract had been entered into with Mofomo for the building of classrooms at schools throughout the Free State.

Read More

In praise of the Oxford Comma Contract Law April 2017

When I do language training for without prejudice, one of the grammatical issues that we talk about is the Oxford Comma. Most young attorneys don't even know what I'm talking about.

Read More

Intellectual Property Law updates Intellectual Property April 2017

Ghana: lawyers' strike ends

Lawyers in the Ministry of Justice and the Attorney General's Department in Ghana have returned to work after three-months of strike action. Inevitably, there will be serious delays in processing the backlog of IP matters.

Read More

National News - April 2017 National News April 2017

Spoor & Fisher

John Foster was promoted to Partner in the Trade Mark Department with effect from 1 March 2017. In the magazine's March issue, without prejudice incorrectly included his promotion in the list of Senior Associate promotions, for which we do apologise. He responded to our apology by quipping that "Getting promoted to senior associate in March and then to Partner in April the same year will likely be one of the fastest promotions seen at Spoor & Fisher."

It was John's interest in music, film and books that first attracted him to IP law. He served articles at Cliffe Dekker Hofmeyr before joining Spoor & Fisher in 2012 as part of a strategic alliance entered into between the two firms. John's area of specialty lies in trade mark registration and enforcement as well as copyright infringement, unlawful competition, advertising law and commercial IP transactions.

Read More

Corporate Finance Overview Deal Selection April 2017

JSE Listed M&A

Private education provider, ADvTECH, expanded its holdings in the Western Cape with the acquisition of Elkanah House Schools for an undisclosed sum. This brings to 11 the number of schools held by the group in that region.

Read More

Saving Memories Lifestyle - Gadgets April 2017

We said goodbye to lost negatives and damaged photos when we welcomed in the age of digital photography that promised the immortality of our photo collections. In reality, we lost years and thousands of photos when a single memory card failed or when a mobile phone was stolen.

Read More

It is what it is. Lifestyle - Motoring April 2017

The Indian motor manufacturer is a no-frills down- to-earth car builder, with a reputation for solid and well built cars. Really? I think I would like to put that reputation to the test. What is Mahindra? The dictionary tells us that it means "Great Indra of the Earth" but that still doesn't do anything to put the name into perspective for me. I think I will define it as "It is what it is".

Read More

The Park Lifestyle - Books April 2017

Without prejudice does not normally carry novel reviews with the exception, of course, in the Lifestyle section of our December issue. However, given that the author of The Park is the magazine's sub-editor, Gail Schimmel, and the book is a great read, I took the proverbial executive decision.

Read More

aftertaste Two new Cape Winemakers Guild members Lifestyle - Wine April 2017

The Cape Winemakers Guild was established in 1982. Currently 47 of South Africa's best wine- makers are members of the Guild, and have a vision to elevate the standing of the South African wine industry through transformation, and the production of world-class, high quality wines. The annual auction of Cape Winemakers Guild wines probably offers the best collection of sought after South African wines available.

Read More

Top Students 2007 - Where are they now? Introduction Top Students - 10 Years On April 2017

In 2008, when many of the Class of 2007 started work, the global economic downturn began. The enormity of that downturn hadn't hit home anywhere – but they had certainly entered the "School of Hard Knocks". Gone were the days of big spending and, unfortunately, 10-years on those days have still not returned.

Read More