Legal

Open source software has transformed the way we develop and use technology, facilitating a collaborative approach that allows developers to access, modify and distribute code, often without any obligation to pay licence fees to an upstream licensor.

The Department of Trade, Industry and Competition published draft vertical restraint regulations for comment along with a memorandum to provide context in respect of the draft regulations. These regulations relate to the prohibition on restrictive vertical practices as set out in section 5 of the Competition Act, 89 of 1998 and attempt to provide a framework on how the Competition Commission should approach practices which are potentially prohibited in terms of section 5 of the Act.

The recent gazetting of the Legal Broad-Based Black Economic Empowerment (B-BBEE) Sector Codes of Good Practice (LSC) occurred on September 20, 2024. This is a significant milestone for the transformation of the legal profession in South Africa. It marks a pivotal moment, aligning with the nation’s constitutional commitment to equitable economic participation.

The Supreme Court of Appeal has backed Commissioner Kieswetter and issued a stern warning to all South Africans to refrain from assisting others in evading their tax obligations. Where you are caught, South African Revenue Service (SARS) will go after your personally. This is now settled law in South Africa and directors or companies, tax advisors, lawyers, accountants, or even payroll professionals can find themselves on the hook.

It is vital for employees to understand how to conduct themselves during dawn raids or interactions with regulators. Failure to do so may result in significant consequences for the employer. The European Commission recently fined a European company after a senior employee deleted private WhatsApp messages during a dawn raid pertaining to a competition law violation.

When a liability insurance policyholder is being sued, they refer that legal case to their insurer. If a claim in question falls within the four corners of a policy, the insurer handles the claim on behalf of the policyholder. If the matter goes to court, the court papers cite the policyholder (not the insurer) as the litigant.

Life can be unpredictable and challenging, and there may come a time when you find yourself unable to repay money you owe someone. Ignoring the issue or failing to make arrangements can lead to legal action against you, which often involves receiving a summons.

A landmark high court ruling found that business rescue practitioners can't "have their cake and eat it too". The case involving sugar giant Tongaat Hulett, balances the principles of corporate rescue with the broader societal imperatives of industry regulation.

As South Africa faces an intensifying water crisis, government is placing the spotlight on the water and sanitation sector by shifting from the "business as usual" approach to unlock innovative funding for increased water infrastructure development. On Tuesday, 27 August 2024, President Cyril Ramaphosa approved the South African National Water Resources Infrastructure Agency SOC Limited Bill (the bill).

A registered trademark is vulnerable to revocation or cancellation for non-use if it has not been used for the goods and/or services for which it is registered for a certain amount of time. In most instances this time period is five years and is calculated from the date of registration, as in South Africa and the European Union.