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Post-Covid Competition Regulations for SMME growth for comment

Minister of Trade, Industry and Competition, Ebrahim Patel, speaking at the 16th Annual Competition Law, Economics and Policy Conference, announced a proposed new block exemption for SMMEs, for the purpose of stimulating growth and participation of SMMEs in the economy following Covid-19. These proposed Regulations are open for comment until the end of September 2022. … Continue reading

Estoppel cannot negate illegality

This blog was co-authored by: Kristen de Wet, Candidate Attorney In Siemens Proprietary Limited v PRSA , the court confirmed that the doctrine of estoppel cannot render an agreement enforceable if it is invalid.  This is particularly the position where it is in the public interest to ensure an agreement is unenforceable. Estoppel refers to … Continue reading

Information Regulator issues guidance on POPIA data breach notifications

The Information Regulator published Guidelines on 12 August 2022 regarding security compromise notifications in terms of the Protection of Personal Information Act, 2013 (POPIA). POPIA governs data breaches by ‘responsible parties’ who, alone or in conjunction with others, collect and process personal information for purposes and by means determined by them. They are under an … Continue reading

BEE Commission’s fronting findings again set aside as irrational

Since its establishment, the BEE Commission has held strong views which often diverge from industry practice.  The BEE Commission’s views have sometimes resulted in businesses abandoning BEE ownership structures, or other BEE initiatives, altogether.  The guidance issued by the Department of Trade, Industry and Competition in 2021 went some way toward clarifying the contradicting views, … Continue reading

The Consumer Protection Act and exhaustion of remedies

This judgement considered whether section 69 of the Consumer Protection Act (CPA), which provides that a person may not seek to enforce any right in terms of the CPA, or in terms of a transaction or agreement or otherwise to resolve a dispute by approaching the court with jurisdiction of the matter unless  “all other … Continue reading

The role of expert evidence in a trial

This blog was co-authored by: Nomonde Sithole, Trainee Associate and Julian Scholtz, Candidate Attorney The opinions drawn by expert witnesses do not replace the task of civil courts to determine the issues in dispute on the balance of probabilities, and only serve as guidance for courts in determining the issues.  This was highlighted in an … Continue reading

The effect of stalled land claims on rural economic development

This blog was drafted by: Tameez Casoo, candidate attorney The Constitutional Court judgment in the case of Land Access Movement of South Africa and Others v Chairperson of the National Council of Provinces and Others 2016 (10) BCLR 1277 (CC) (LAMOSA) has had an effect on restitution claims lodged between 1 July 2014 and 27 … Continue reading

The once and for all rule: a practical lesson

The once and for all rule provides that in claims for compensation or satisfaction arising out of a delict, breach of contract or other cause, the plaintiff must claim damages once for all damage allegedly sustained or expected insofar as it is based on a single cause of action. The law requires a party with … Continue reading

More about the duty to mitigate loss (Australia)

“The purpose of the principle that a party injured by the wrong of another must mitigate the Damage is to ensure that damages do not over-compensate for the wrong, not to empower the wrongdoer to frustrate a claim for reasonable compensation.  Therefore, the onus of establishing that the injured party has not mitigated their loss … Continue reading

Pending Covid-19 cases (UK)

There are still a number of pending Covid-19 policy interpretation cases being dealt with by the courts in England in the coming months. Stonegate v MS Amlin, Various eateries v Allianz and Gregg’s v Zurich all grapple with the issue of aggregation. Stonegate and the other claimants for example argue that their business interruption insuring … Continue reading

About the duty to mitigate loss (UK)

“Where the sufferer from a breach of contract finds himself, in consequence of that breach placed in a position of embarrassment, the measures which he may be driven to adopt in order to extract himself ought not to be weighed in nice scales at the instance of the party whose breach of contract has occasioned … Continue reading

Some certainty in public procurement

State procurement has been in a state of flux over the last three years following a number of developments in the enforceability of the legal framework.  State procurement is regulated in terms of the Preferential Procurement Policy Framework Act, 2000 (PPPFA).  Since coming into effect on 20 January 2017, the Preferential Procurement Regulations, 2017 have … Continue reading

Give the board an alternative

This blog was co-authored by: Zinhle Mdluli, associate designate Section 75 of the Companies Act states that if a director has a personal financial interest in a matter that has been tabled at a board meeting, that director has a duty to disclose their interest and any known material information relating to the matter and … Continue reading

The power of trustees to invest where profits and principles conflict

This blog was co-authored by Bwanika Lwanga, Candidate Attorney The English judgment of Butler-Sloss & Ors v The Charity Commission for England and Wales & Anor [2022] EWHC 974 (Ch), considered the question of whether the trustees of two charitable trusts could adopt investment policies that exclude profitable potential investments on the basis that the … Continue reading

US Court allows regulator to proceed with “shadow trading” claim as insider trading

A San Francisco Court held that an executive may be held liable for “shadow trading” namely trading in securities of a similarly situated competitor’s shares while in possession of insider information about his own company.  The defendant was a senior director of business development at a pharmaceutical company bound by the company’s insider trading policy.  … Continue reading

Damages for data breach require actual harm (US)

A New York Court dismissed the claim by two former employees against their professional services firm based on an alleged failure to protect their personal information in a data breach. The court held that a claimant for damages in these circumstances must prove actual harm.  The employees’ had only speculated as to whether they might … Continue reading

Claim dismissed for failure to give notice to the State

This blog was drafted by: Paulette Khumalo, Associate A party who intends to bring a claim for damages against an organ of state must comply with the Institution of Legal Proceedings against Certain Organs of State Act, 2002. Section 3(2)(a) of the Act provides that a notice must be served on the organ of state … Continue reading

Search and Seizure powers of the Independent Regulatory Board for Auditors

High profile corporate collapses and judicial commissions of enquiry have shone the spotlight on the possible role of auditors in these matters.  In what can be considered a step by the Independent Regulatory Board for Auditors (IRBA) to strengthen its ability to investigate such allegations, it published its new disciplinary rules effective from 01 April … Continue reading