February 2019


ANY CLARITY FROM THE MINING CHARTER IMPLEMENTATION GUIDELINES? MINING | ENERGY | INFRASTRUCTURE FEATURE February 2019

The "Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018" (Charter) was published on 27 September 2018. "The Implementation Guidelines" (Guidelines) for the Charter were published and became effective on 19 December 2018. The Charter itself was amended on 19 December in terms of the "Amendment of the Mining Charter, 2018" (Charter Amendments).

Read More

REGULATORY UNCERTAINTY AND AIR QUALITY ARE LIKELY TO DOMINATE IN 2019 MINING | ENERGY | INFRASTRUCTURE FEATURE February 2019

Last year I published a series of articles focusing on the expected regulatory developments in 2018. President Ramaphosa had been elected as the ANC president and soon thereafter he was handed the keys to the jalopy that is the South African economy. Since then, there has been a small uptick in investor confidence and interest in South Africa.

Read More

RECENT AMENDMENTS TO AIR POLLUTION LIMITS MINING | ENERGY | INFRASTRUCTURE FEATURE February 2019

The Constitution enshrines the right to an environment that is protected for the benefit of present and future generations and that is not harmful to one's health or well-being. Flowing from this, the state has passed a myriad of environmental legislation. The National Environmental Management: Air Quality Act (39 of 2004) is one of our primary pieces of environmental legislation and aims to give effect to the environmental right in the Constitution.

Read More

SUSTAINABLE DEVELOPMENT IN MINING COMES TO THE FORE IN SUB-SAHARAN AFRICA MINING | ENERGY | INFRASTRUCTURE FEATURE February 2019

Collectively and individually, Sub-Saharan African (SSA) countries have made encouraging headway in ensuring that their mining and minerals industries make a positive contribution to sustainable development. That said, there are some challenges, not least climate change, community-level development and divergent approaches to the laws and regulations underpinning sustainable development.

Read More

WINE, ROSES AND RENEWABLES MINING | ENERGY | INFRASTRUCTURE FEATURE February 2019

Clare Valley in South Australia is not as well known as the Barossa Valley nor the McLaren Vale Wine Region. It is a two hour drive from Adelaide, the closest city. Vines were first planted in 1830, and today Clare Valley boasts that it is the heart of Australian Riesling. Shiraz and Cabernet vines also flourish in the area. In spring, the roses are beautiful and add a touch of elegance to the well maintained vineyards.

Read More

INFRASTRUCTURE PROJECTS IN KENYA: A CASE FOR PUBLIC PRIVATE PARTNERSHIPS MINING | ENERGY | INFRASTRUCTURE FEATURE February 2019

Africa has an approximate $170 billion infrastructural development gap. The private sector has been urged to contribute towards closing this gap in Africa.

Read More

WELCOME PLEDGES TO INVEST MINING | ENERGY | INFRASTRUCTURE FEATURE February 2019

South Africa's newly-minted Head of State, President Cyril Matamela Ramaphosa, has won wide acclaim for securing billions of dollars in foreign direct investment in the aftermath of a resoundingly successful international road show that he and his team embarked upon.

Read More

Rubbing shoulders with royalty Platteland Perspective February 2019

Can you imagine anything more different: extravagant, extrovert, flashy Bollywood on the one hand, and the staid, restrained Queen's Bench Division of the UK courts? Yet the Royal Courts of Justice have just delivered a decision about the right of access to Bollywood stars, something that a member of the Bahraini royal family craved – and was willing to pay money, a great deal of money, to achieve.

Read More

National News - February 2019 National News February 2019

Fasken

Ashen Jugoo, a partner with the firm, was the winner of the Projects & Procurement category for South Africa in the Client Choice Awards 2019.

Read More

“Sexual harassment – the most heinous misconduct that plagues the workplace” Litigation / sexual harrassment February 2019

In the face of global movements such as #MeToo and #NotInMyName - to name a few - there is a greater need for more sensitisation to the plague of sexual harassment in the workplace. There is an even greater need for South Africa's justice system to place more emphasis on specialised training of Commissioners at the Commission for Conciliation, Mediation and Arbitration (CCMA) to deal with such cases.

Read More

Emigration: tax on lump sum Occupational Fund and Retirement Annuity payments Tax Law February 2019

It is clear from financial articles that South African skills and experience are sought globally. In South Africa, in many instances, pension contributions from the employee's remuneration are deducted and paid over to their pension fund or provident fund in terms of an employment contract. However, where services are rendered in the form of non-employment services, the deduction of the contributions is generally as a consequence of payment to a Retirement Annuity Fund (RA Fund) by the taxpayer in terms of a contract with a South African insurer. Accordingly, pension funds, pension preservation funds, provident funds or provident preservation funds are jointly or individually classified as "occupational funds" by virtue of the fact that the benefit in the fund is inextricably linked to employment, whereas the RA Fund benefit falls outside this realm.

Read More

Copyright in tattoos – a prickly legal question Intellectual Property February 2019

Would it ever occur to you that a third party might be able to claim rights in your skin? In the case of art that has been inked into your skin, namely tattoo art, that may well be the case.

Read More

Hakuna matata – is it really no worries? Intellectual Property - Law February 2019

What are we to make of the Hakuna Matata controversy? The rather belated objection (in the form of a petition) to the fact that Disney registered the phrase Hakuna Matata as a trademark in the USA for clothing and footwear. In 1994!

Read More

Impact on medical devices and IVDs from a regulatory and compliance perspective Law in Life sciences February 2019

Part 2

When reviewing Section 55 of the CPA from a medical device and IVD perspective, the following areas are potentially problematic:

Read More