November 2018


Editor's note - November 2018 Editor's Note November 2018

It may well be that as South Africans we love to bemoan things, but then there always seems to be plenty deserving of our indignation…

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Is your company’s borehole legally compliant? Environmental Law November 2018

In light of the drought in the Western Cape and subsequent water restrictions, many companies in the Western Cape (and elsewhere in South Africa) are exploring options beyond their municipal water supply. In particular, companies are sinking new boreholes, or pumping more groundwater out of their existing boreholes. This article looks at the legal requirements for the commercial abstraction of groundwater from a borehole.

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Out with the ASA; in with the ARB Advertising November 2018

At the end of September, the Advertising Standards Authority of South Africa was ordered to close its doors and liquidation proceedings were started. The industry refuses to sit by and allow self-regulation to die and has immediately started a new entity called the Advertising Regulatory Body.

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As a board director, how liable are you? Company Law November 2018

The ongoing decline in governance and performance in State-owned Entities (SOEs) – as seen in so many South African organisations – raises a number of questions about the responsibilities of the board of a company or SOE.

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Directors owe a duty to the company, not to shareholders Company Law November 2018

Recently Justice Molopa-Sethosa handed down judgment in the Pretoria High Court in an important exposition of the law in relation to the liability of directors for claims by shareholders.

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Should a competition authority monitor national security? Competition Law November 2018

The most recent iteration of the Competition Amendment Bill, 2018 was introduced to parliament in July. The Bill features the addition of an entirely novel provision: s18A (the National Security Provision), which will enable a panel appointed by the president to block merger transactions involving a foreign acquiring firm if the transaction impacts on a wide range of national security interests.

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The importance of healthy partnerships in the medical industry Competition Law November 2018

The state of the healthcare industry is currently a hot topic in South Africa. In light of the National Health Insurance (NHI) financing system, the Competition Commission's investigation into the private healthcare sector, and other healthcare-related concerns, it's vital that stakeholders in the medical industry not only rely on their legal and financial partners but also use them to transform a controversial sector.

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Hey Siri, you’re starting to scare me Technology November 2018

With the development of technology accelerating every year, there is no question that Artificial Intelligence (AI) is becoming a colossal role player in the advancement of humanity's scientific, technological and economical capabilities. We use AI in different forms in almost all the technology we encounter; from the GPS, to "Hey Siri" and "OK Google" voice command applications, Netflix and virtually all appliances. AI has often been associated with ideas of a dystopian future where the human race is no longer master of the planet but subservient to the AI robotic machines. Without delving too deeply into that rabbit hole of a machine inspired takeover, I will instead focus on AI and the impact it has on our lives and the law.

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Referral of arbitrations to court adjudication Arbitration November 2018

In South Africa, arbitration has become an appealing alternative to battling an opponent in court. Arbitrations tend to be more efficient, expedient and convenient for litigating parties. Parties are also able to conclude an arbitration agreement, which gives them the power and freedom to appoint their own arbitrator, decide on a hearing date convenient to all parties and on a timetable on their own terms.

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Sense and Sensibility Intellectual Property - Law November 2018

It's never dull in the world of trademarks!

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Trade marks slipping through the cracks Intellectual Property - Law November 2018

Two recent decisions handed down by the South African Supreme Court of Appeal (SCA) in Herbal Zone (Pty) Limited v Infitech Technologies (Pty) Limited and four others (204/2016) [2017] ZASCA 8 (10 March 2017) and Morris Material Handling Limited v Morris Material Handling (Pty) Ltd (829/2017) [2018] ZASCA 67 (25 May 2018) highlight the dangers to trade mark owners, from a proof of use perspective, when they do not set up their corporate structures properly and do not take care to avoid vagueness and ambiguity in their corporate and marketing materials.

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Maintenance: The Constitutional Court enforces the duty to maintain Constitutional Law November 2018

Facts

On 29 October 2010, in the case of SS v VV-S ((CCT247/16) [2018] ZACC 5), the high court granted a divorce and incorporated a settlement agreement regulating, amongst other things, the maintenance of the child born from the marriage.

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The Muslim Marriages Bill: the court steps in Constitutional Law November 2018

The South African Legislature has grappled with the issue of regulation and recognition of Muslim marriages due to divergent views on the issue. In the judgment of Women's Legal Centre Trust v President of the Republic of South Africa and Others, Faro v Bingham N.O. and Others, Esau v Esau and Others (22481/2014, 4466/2013, 13877/2015) [2018] ZAWCHC 109 (31 August 2018), the Western Cape High Court finally addressed the issue of regulation and recognition of Muslim Marriages.

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INTRODUCTION - NOVEMBER 2018 BANKING & FINANCE IN AFRICA FEATURE November 2018

It is perception as much as anything else that influences world economies.

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GHANA: A PRE-REQUISITE FOR FILING AN APPEAL BANKING & FINANCE IN AFRICA FEATURE November 2018

On 13 July the Commercial Division of the high court in Ghana ruled that in the case of a disputed notice of assessment, an appeal will not be entertained by the court unless the appellant has paid at least 25% of the tax due in the first quarter of the year of assessment.

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