November 2017


Editor’s Note - November 2017 Editor's Note November 2017

October was World Mental Health Month. Mental illness, once a subject which people did not speak about other than, perhaps, in whispers, is now openly discussed. But while there may no longer be quite the same stigma attached, there remains hesitation on the part of many to seek help when they feel they are no longer able to cope.

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Access to the record and competition enforcement policy Competition Law November 2017

This article explains the latest case to be decided by the Competition Tribunal relating to a respondent firm's access to information in the Commission's record.

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Prescription of debts payable on demand Financial Law November 2017

Prescription principles

The majority judgment of the Constitutional Court in the recent case of Trinity Asset Management v Grindstone Investments [2017] ZACC 32 has serious and far-reaching implications for commerce generally, and the banking and credit industries in particular. It finally rules on the prescription of debts payable on demand, which are ubiquitous in the commercial world.

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Reversionary rights and prescription Property Law November 2017

The Supreme Court of Appeal (SCA) handed down judgment in the matter of eThekwini Municipality v Mounthaven (Pty) Ltd (1068/2016) [2017] ZASCA 129 (29 September 2017). In this matter the eThekwini municipality sold vacant land to Mounthaven (Proprietary) Limited (Respondent), subject to a reversionary right. The issue before the court was whether or not a claim for retransfer of property from a current owner to the previous owner constitutes a "debt" as contemplated in Chapter III of the Prescription Act (68 of 1969).

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Equal pay for equal work is not meant to be taken literally Employment Law November 2017

"It seems to me that despite the advent of our democracy and the adoption of our progressive Constitution, now more than two decades ago, discrimination claims, especially in the context of employment law, are unfortunately still a regular occurrence. This leaves one pondering the question, why is this so? Is it true that discrimination is still alive and vibrant in the workplaces of this country? Is it a case that litigants simply do not understand what a discrimination claim in fact entails? Or is it just a new form of ambulance chasing with a view to exhort monetary benefits, considering the fact that such claims in effect have a substantial punitive component and no limit on compensation? I must confess that I have my concerns that the spate of discrimination claims seeking money are founded on this latter consideration."

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Equal pay for equal work requirement: How does this affect me? Employment Law November 2017

On 1 June 2015, in Government Gazette 38837, the Code of Good Practice on Equal Pay/Remuneration for Work of Equal Value (the Code) was published.

This Code was issued in terms of s6(4) and 6(5) of the Employment Equity Amendment Act (EEAA), (47 of 2013).

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Employees fate for failure to pass Employment Law November 2017

The implementation of the Financial Advisory Intermediary Services Act (37 of 2002) (the FAIS Act) during 2004, albeit a welcomed addition to the legislation as it lifted standards in the broader financial industry, introduced a degree of uncertainty in the employment law sphere.

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The role of governance and ethics committees in the legal sphere The Law November 2017

The legal fraternity is but one of the professions that is based on ethical principles. Law firms are governed by the Rules for the Attorneys' profession, which clearly stipulate, in Rule 40.2.4, that attorneys should maintain ethical standards as prescribed and recognised by the profession. Moreover, the Law Society adopted a Code of Ethics in 2006 which also emphasised the obligation of professionals to maintain the highest standard of honesty, integrity and independence at all times, and to comply with all ethical and professional rules of practice.

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Intellectual Property and the SCA Intellectual Property November 2017

Part 2

In Part 1 of this article, which appeared in the October issue of without prejudice, I covered two cases (Strix and Actor Holdings) which, in my respectful view, did not adequately address the issues involved, resulting in wrong decisions. This month I look at the judgments in Clearvu and Orica Mining.

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Angola – the IP landscape Intellectual Property November 2017

The election in Angola, together with the Constitutional Court's recent dismissal of an application by the country's main opposition party to annul the results of the August 23 election, dominated headlines across Africa.

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The World in October - November 2017 International November 2017

A think tank, Future Advocacy, has issued a new study in which it is reported that Automation will affect one in five jobs in the UK. For example, in Hayes and Harlington, shadow Chancellor John McDonnell's west London constituency, the risk of jobs being becoming automated has risen to almost 40%. Surprisingly, just 2% of people surveyed were very worried that they might be replaced by a machine, with a further 5% fairly worried.

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INTRODUCTION - November 2017 BANKING & FINANCE IN AFRICA FEATURE November 2017

The economy of the African continent, for so long hamstrung by the numbers of people who remain unbanked despite being economically active, could well see an upswing along with the opportunities brought by a rapidly evolving finch revolution.

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ACQUISITION FINANCING OF PUBLIC DEALS IN SOUTH AFRICA BANKING & FINANCE IN AFRICA FEATURE November 2017

This article highlights some of the key differences between public deals and private deals particularly from a financing perspective and the implications of aspects of the Companies Act, 2008 and the Fundamental Transaction and Takeover regulations comprising regulations to the Companies Act.

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THE RIGHT PARTNERSHIP CAN HELP INVESTORS FLOURISH IN AFRICA BANKING & FINANCE IN AFRICA FEATURE November 2017

Africa remains an attractive investment destination for investors looking to unlock maximum returns on their outlay. However, doing business in Africa requires a thorough understanding of the cultural, economic and political nuances that exist across the continent. Failure to take into account each country's individual circumstances is likely to lead to challenges for any potential investor.

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BRIDGING AFRICA’S INFRASTRUCTURE GAP BANKING & FINANCE IN AFRICA FEATURE November 2017

According to the African Development Bank, poor infrastructure has cost the continent a cumulative 25% in forgone growth in the past two decades alone; equivalent to the growth rate achieved in the past ten years ( https://www.afdb.org/en/annual-meetings-2017/programme/financing-african-infrastructure/). This productivity gap between Africa and the rest of the world continues to grow, and the World Bank estimates that the continent requires in excess of US$ 90 million per year to begin bridging the infrastructure gap.

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