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.
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.
In the case of BP Southern Africa (Pty) Ltd v Intertrans Earl SA (Pty) Ltd & Others (34716/2016)  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.
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.
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.
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.
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.
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".
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.
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.
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.