February 2018


Editor's Note - February 2018 Editor's Note February 2018

In Hebrew the word for "life" is chai. It has a numerical value of 18. It is a custom to give donations and monetary gifts in multiples of 18 as a physical expression of blessing for long life.

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Mediation - a different view Letters to the Editor February 2018

Dear Editor

Presumably the author of the article "beware false prophets", an attorney from Cape Town, published in December 2017, is a cautious individual who prefers not to be exposed to the risks of defamation actions unnecessarily.

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“Hey Siri, Create Effective Legislation” Intellectual Property February 2018

Artificial intelligence (AI), the buzz word of 2017, is the simulation of human intelligence processes by computer systems and other machines. AI has advanced rapidly over the past few years, with applications ranging from the novel and benign – like morphing children's drawings of their parents into pictures of real people; to the complex and useful – such as autonomous vehicles and Apple's new Face ID system. As tends to happen, however, the law may be playing a game of catch-up with the advancements in AI.

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Running ahead with the NHI Scheme Medical Law February 2018

The next step has been taken by the Department of Health in the construction and implementation of a proposed national health insurance scheme for South Africa. A notice was published on 8 September 2017 by the Department of Health on its website "NHI Implementation: Institutions, Bodies and Commissions that must be established". The Notice was published for public comment, and the period for comment ended on 30 November 2017.

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Proposed amendments to the merger review provisions of the Competition Act Competition Law February 2018

In early December 2017, the Minister of Economic Development published an extensive set of proposed amendments to the Competition Act, including some significant changes to the merger control provisions set out in s12.

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Large private companies and King IV – proportionality is the answer Company Law February 2018

On 1 November 2016, the Fourth King Report on Corporate Governance (King IV) was published. It became effective on 1 April 2017.

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Company secretaries: gatekeepers or doormen? Company Law February 2018

This past year will be characterised and remembered as one of two distinct halves. During the first six months, South Africans were captivated by the ongoing "Zupta" shenanigans and increasing revelations around state capture of State Owned Entities. The second six months predominantly focused on alleged corporate governance failures in the private sector – Steinhoff, KPMG, McKinsey and MultiChoice, to name but a few.

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Where to for labour brokers? Employment Law February 2018

The purpose of this article is to discuss whether s198A(3) of the Labour Relations Act (66 of 1995), as amended (the LRA), which deals with the controversial "deeming" provision in relation to the clients of labour brokers, should be referred back to parliament. The fundamental question is whether the Constitutional Court is being asked to intervene to an extent that is unreasonable in light of the poor quality of the drafting of s198A(3) and whether it would be better to simply send the section back to parliament for re-drafting.

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The winner one moment, the loser the next Employment Law February 2018

In the recent decision of IMATU obo Joubert v Modimolle Local Municipality and Others (JR1292/2006) [2016] ZALCJHB 443; (2017) 38 ILJ 1137 (LC) (18 November 2016), the Labour court was asked to sanction a municipality for alleged contempt of court for its failure to comply with an arbitration award.

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Bitcoin: the business of blockchain Financial Law February 2018

A bitcoin is a cryptic bundle of data that can be used to make digital payments, and it forms part of the wider specter of virtual currencies. A bitcoin is a decentralised, virtual cryptocurrency that lingers predominantly beyond the ambit of the banks and the government, as willing participants can use it to buy and sell goods and services without the involvement of commercial banks.

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Mining Feature - Introduction Mining Feature February 2018

Mining is synonymous with South Africa. Its history – both the good and the bad – has had considerable impact on the country and vice versa. Man's insatiable curiosity played a large role in the discovery of the metals and minerals that have shaped the way we live in the 21st century. We forget, at our peril, the impact of mining, and the impact of other industries on this important sector.

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How businesses can improve productivity Management February 2018

With the New Year comes new challenges. Businesses will be carefully strategising on the most efficient and expeditious process by which they can attain optimal productivity in what is undoubtedly one of the more economically challenging periods in South Africa.

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WILL THE NEW BROOM SWEEP CLEAN? Mining Feature February 2018

When Roman historian Suetonius described Emperor Nero as "fiddling while Rome burns" he could well have been referring to the Zuma regime, whose political legerdemain over the last decade has resulted in the erosion of trust among government, business and labour.

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WHERE TO FROM HERE? Mining Feature February 2018

South Africa is a country rich in minerals and the mining sector plays a pivotal role in the country's economy. The South African mining industry has for the last few years been plagued by legal uncertainty.

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AN INDUSTRY IN FLUX – WILL UNCERTAINTY BRING A CERTAIN END? Mining Feature February 2018

The exceptional challenges faced by the South African mining industry during 2017 had a major impact on mining-related transactions. It was a year of extreme political turbulence, economic instability and ongoing regulatory and legislative uncertainty. While the well-known complexities became almost contemporary custom for deal makers within the industry, investor sentiment was at an all-time low and many wondered whether the sector, which plays such a pivotal role in the economy, would be able to recover.

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