April 2018


Blurred lines: the unilateral termination of banking facilities Financial Law April 2018

The bank-customer relationship is under increased scrutiny as attention, both nationally and internationally, is focussed on money-laundering and terrorist financing. Banks are reconsidering their risk appetites in light of financial institutions being most at risk of being used to facilitate these suspicious transactions.

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Tales from the US of A... - April 2018 International April 2018

Through lawyers fault estate recovers nothing for mistaken brain surgery. Lawyers who pursued the wrong cause of action have seen a $20 million award overturned. The award was in favour of the estate of a woman who went into hospital for treatment for a dislocated jaw but died after brain surgery performed as a result of a mix-up of x-rays.

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The World in March International April 2018

It has been estimated the amount of plastic littering the world's oceans will outweigh all the fish by 2050. The UK Government Office for Science says in its report "The Foresight Future of the Sea" that the volume is expected to triple in less than a decade unless drastic measures are taken. At least 70% of marine litter is non-degradable plastic.

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Five years Platteland Perspective April 2018

Clever employees are taking advantage of the way SA public holidays fall this year to maximise the number of days they can take off without eating into their official annual leave. But I can't say I'm impressed. Move over! Even the cleverest of you can't match the days' leave taken by employees in a new case I've been reading.

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Key highlights from the Investing in African Mining Indaba 2018 Mining April 2018

The Investing in African Mining Indaba in Cape Town revealed that with roughly the same number of people as China or India, the African continent continues to present a number of opportunities for our clients and the firm, especially in the extractive and energy sectors. There was a continued sense of confidence at the Indaba and a focus on new opportunities. Over the past year there have been significant improvements in the resources sector, and an increasing stream of deals and opportunities arising from the improved commodity prices. This is expected to continue, particularly in relation to commodities associated with battery technology and electric/hybrid vehicles, such a nickel, cobalt, copper and lithium, which will drive further demand for resources.

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Key highlights from the Investing in African Mining Indaba 2018 Mining April 2018

The Investing in African Mining Indaba in Cape Town revealed that with roughly the same number of people as China or India, the African continent continues to present a number of opportunities for our clients and the firm, especially in the extractive and energy sectors. There was a continued sense of confidence at the Indaba and a focus on new opportunities. Over the past year there have been significant improvements in the resources sector, and an increasing stream of deals and opportunities arising from the improved commodity prices. This is expected to continue, particularly in relation to commodities associated with battery technology and electric/hybrid vehicles, such a nickel, cobalt, copper and lithium, which will drive further demand for resources.

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To hire and fire: The president has the final say Constitutional Law April 2018

During October 2017 our courts were yet again called upon to adjudicate a matter with wider political implications. This concerned the suspension of the Director-General of Home Affairs, Mr Mkuseli Apleni, by the erstwhile Minister of Home Affairs in the case of Mkuseli Apleni v President of the Republic of South Africa & Another, High Court of South Africa, Gauteng Division, Pretoria, Case Number 65757/2017.

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Legal representations Advertising April 2018

The ASA has three levels of decision making. At the first level – "Directorate decisions" – the decision is made on the papers. At the second level – the "First Appeal" – there is a hearing, but external representation is not allowed. And at the Final Appeal, external legal representation is allowed.

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Woman of the month: Lerato Thahane Women in law April 2018

Can you briefly describe an "aha" moment in your legal career? The day I committed to getting more than eight hours of sleep a night. From my first day at the firm, I subscribed to working consistently extensive hours. I convinced myself that burnout is the necessary price we must pay for success. I had a health scare in 2017 and this forced me to evaluate my health and make sleep and living a balanced life priorities.

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Erica Emdon – profile Women in law April 2018

After 11 years, Erica Emdon is leaving ProBono.Org.

"I think what I did was to take an organisation that was really tiny – we had one small office in downtown Joburg – and expand it into a national organisation with a staff of 29. And I think now it is in a situation where it is a strong, sustainable organisation with reasonable funding and support from the legal sector. It is in a perfect position for a new person to come in because there is already a well-established organisation. That is hard to do, to get to a place where you have been around long enough to say you are a permanent part of the landscape. I think it's a good point for a change," she said.

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National News - April 2018 National News April 2018

Appointment: Partners: Adele de Jager and Michael Rudnicki have been appointed partners in the Tax practice. De Jager moves from KPMG where she was a tax partner and head of Mining Tax for Southern Africa. She specialises in general corporate tax, M&A and mining-related tax. Rudnicki was also previously at KPMG where he was Head of M&A, Financial Services Tax and the Private Equity Sector for Southern Africa. He specialises in banking, M&A and private equity transactions, executive incentive schemes and general corporate tax.

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GRC and IT Lifestyle - Gadgets April 2018

Governance, Risk Management and Compliance, or GRC are related facets which should be well aligned and implemented in the modern organisation. And yet, if GRC was well- implemented by all organisations, there would have been no accounting irregularities, Facebook would have furthered privacy, and, safe for the carcinogenic properties of processed meat, the poor would have had to only fear the 15% VAT.

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Nobody does it better Lifestyle - Motoring April 2018

Some time ago I wrote a column in which I claimed that the Ferrari 458 was the "best car God had ever made", implying that it was too good to be manufactured on earth, especially by mere mortals and that it would probably never be improved upon. Coming from an avid Porsche enthusiast, this was quite a statement but it looks as though I may have been a little premature in my opinion. I recently drove the Ferrari 488 and it all but blew my socks off.

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Who’s doing what . . . Deal Selection April 2018

SA Exchange Listed M&A

4Sight acquired 100% of Curo Health for R21,84m from Tigrasmart. The purchase consideration comprises R10,92m payable in 5,46m shares on acquisition plus an additional R10,94m payable in shares following a successful one year and two year earn out.

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INTRODUCTION Top Student 2008 - Where are they now April 2018

For those of the Class of 2008 who entered the working world, they did so as the world reeled from the global financial crisis; 10 years later the world is still in recovery mode, in South Africa the economy is viewed globally with concern as it begins its battle for economic revival after years of corruption.

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