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Lawyer vs artificial intelligence

Artificial intelligence (AI) software has beaten a group of lawyers from top international firms in an insurance claim accuracy test. A group of students from the University of Cambridge founded an AI start-up that builds systems that predict legal decisions. These systems were recently pitted against more than 100 partners and associates from major corporate … Continue reading

Responses to comments on Cybercrimes and Cybersecurity Bill

The Department of Justice and Constitutional Development has published responses to the public comments received on the Cybercrimes and Cybersecurity Bill, which was tabled in parliament in February 2017. The lengthy responses are available here. See our previous post on the major changes to the original draft published for public comment in August 2015. Several … Continue reading

Limited right to challenge arbitrator’s decision (UK)

The losing party before an arbitration tribunal cannot challenge the decision of the tribunal based on an alleged failure to deal with the evidence properly unless in exceptional cases the tribunal genuinely overlooked evidence that really mattered, or got the wrong end of the stick in misunderstanding really important evidence. The arbitrator’s role is to … Continue reading

Artificial intelligence routed to gain juristic personality (Estonia)

Estonia may become the first country in the world to grant artificial intelligence (AI) some form of juristic personality, giving robots personal rights and responsibilities. This northern Baltic country’s Economy Ministry is currently working on legislation to elevate the status of robots using AI to more than that of an object. It is still unclear … Continue reading

Legal standing of voluntary association acting in the public interest on rights issues

Section 38(d) of the Constitution allows anyone acting in the public interest to approach a court alleging that a right in the Bill of Rights has been infringed or threatened. The issue is always whether a person or organisation acts genuinely in the public interest. The court will take into account considerations such as whether there … Continue reading

The increasing need for risk management advice by lawyers

The risk landscape has led business people, and their legal and compliance teams, to bemoan the business world in which we live. Unsurprisingly, regulatory compliance is the top risk for most industries. Navigating the risk landscape is now a significant focus of businesses and while traditionally accountant-firm driven, risk advisory services offered by law firms … Continue reading

Municipality’s right to reclaim undeveloped property prescribes after three years

The appellant municipality sold vacant immovable property to the respondent company subject to the condition that if buildings of a certain value were not erected on the property within three years from the date of sale, ownership of the property reverted to the municipality which could demand retransfer. It was held that because the municipality … Continue reading

South African Health Products Regulatory Authority Board has been appointed

The Minister of Health has appointed the board members of the newly established South African Health Products Regulatory Authority (SAHPRA). This health agency is the successor to the Medicines Control Council (MCC) which for decades has been the only medicines regulator in South Africa. A well-resourced and streamlined regulator is seen as the first step … Continue reading

Proceedings before enforcement committee under Security Services Act apply civil standard of proof

The appellants in Pather v Financial Services Board failed in the suggestion that claims against it of contravention of the Security Services Act 2004 should have been proved by the enforcement committee according to the criminal standard, namely beyond reasonable doubt. The court held that the civil standard applies and that the proceedings and penalty … Continue reading

UK companies should continuously identify and engage with key stakeholders

A list of core principles were recently published in the UK to guide the board of directors of a company to allow for greater involvement of stakeholders, other than shareholders, in decision-making. These stakeholders would include employees, suppliers, customers, the community, and the environment. Two UK governance institutes, with the support of the UK government, … Continue reading

Taxation of cryptocurrencies: Buying and selling Bitcoin

With Bitcoin’s popularity and value growing significantly, many wonder how cryptocurrencies will be treated by the South African Revenue Service (SARS) and other regulators. Bitcoin is one of hundreds of different cryptocurrencies in existence. Cryptocurrencies are unregulated, decentralised digital currencies which can be bought, sold and traded for fiat money or goods and services. According … Continue reading

FAIS debarment does not entitle dishonest representative to damages

A financial services provider debarred an employee and representative (who had taken up other employment whilst still employed and lied about it) without giving the representative notice and a fair hearing in terms of the Promotion of Administration Justice Act (PAJA) before doing so. The representative sued for damages for lost income based on this … Continue reading

Revised competency standards for pharmacists published for comment

The South African Pharmacy Council has published revised competency standards for pharmacists for public comment. As the statutory body responsible for regulating the pharmacy profession in South Africa, the Pharmacy Council first developed a competency framework for pharmacists in 2006. Following a review process, those competency standards are now being revised to bring them in … Continue reading

POPI regulations published for comment

The Information Regulator published draft regulations under the Protection of Personal Information Act 2013 (POPI) for public comment by 7 November 2017. The regulations cover various procedural items, including: the manner of objecting to the processing of personal information; requests for correction or deletion of personal information; the application form for industry codes of conduct; … Continue reading

Redefining legal practice

Technological and business model disruption has spurred Norton Rose Fulbright’s focus in seeking new inventive solutions for clients. We are working with new and emerging technology to drive efficient legal services and to reduce costs. We are already providing cutting edge legal-tech solutions, and this will grow. For example, our ‘POPI Counsel’ is in essence … Continue reading

Major shift in US attitude to insider trading

It is likely that insider trading in the US will in future include the situation where the information is disclosed with the expectation that the recipient would trade on it and the disclosure resembles trading by the insider, resulting in the gift of the profits to the recipient. In United States v Martoma the insider … Continue reading