Tag: Webber Wentzel

The Independent Communications Authority of South Africa (ICASA) has launched a market inquiry (the Inquiry). The inquiry will investigate the impact of Over-The-Top Services (OTTs) on licensees in the telecommunications, broadcasting and postal sectors. The scope of the inquiry is broad. It could have significant implications for OTT service providers, telecommunications licensees and broadcasting licensees.

Artificial Intelligence (AI) is no longer something financial institutions are preparing for. It is already embedded in how decisions are made, how products are designed and how risk is managed. Whether through fraud detection, algorithmic trading, customer engagement or compliance monitoring, AI is steadily reshaping the financial services sector.

South Africa has been fighting corruption with legislation that, frankly, lacked teeth. The Prevention and Combating of Corrupt Activities Act 12 of 2004 (PRECCA) has long been the cornerstone of the country's anti-corruption framework - criminalising bribery, fraud and a broad range of corrupt conduct in both the public and private sectors. The law was there. The convictions, historically, were not. That is rapidly changing.

When a senior advisor or executive walks out the door, especially to join a competitor, your restraint of trade clause is often the only thing standing between you and serious commercial damage. Here is what recent South African case law tells us about what works, what does not and what you need to do now.

If there is one thing organisations know well, it is that disputes are expensive. The expense extends beyond legal fees. It also includes management time, damaged relationships and strategic distraction. A supplier dispute that should take weeks can consume months of senior attention. For multinationals juggling cross-jurisdictional matters, the logistical burden alone can dwarf the value of the underlying claim.

White-collar crime in Africa is no longer a predominantly domestic concern. It has expanded onto an international stage, and so has the corporate exposure that comes with it. As capital crosses borders, data moves at the speed of light, and corporate structures become more complex, economic crime has kept pace. It has become more sophisticated, more multinational and increasingly difficult to investigate and prosecute within the confines of a single legal system.

The South African Reserve Bank (SARB) has published the third version of its proposed amendment to the payments regulatory framework. The amendments focus on two key instruments. These include a draft exemption notice that excludes certain payment activities from constituting “the business of a bank”, and a revised draft Authorisation Framework set out in a draft directive.

The regulation of commercial paper issuance in South Africa has, since 1994, been governed by an exemption notice. This exemption notice is known as the Commercial Paper Regulations. It permits certain entities to issue debt instruments. It also ensures they are not deemed to conduct “the business of a bank” under the Banks Act 94 of 1990 (Banks Act).

The Labour Appeal Court (LAC) has handed down a significant decision addressing a question that many employers and legal practitioners regularly confront. Can a disciplinary chairperson reject a lenient sanction emerging from a plea-bargaining process? The LAC answered this question in South African Police Services vs Mkonto and Others. The judgment also highlights the limits of leniency within disciplinary proceedings.

Africa is entering a defining period for virtual asset regulation. As adoption accelerates, driven by fintech innovation, remittance demand and a digitally savvy youth population, governments across the continent are recalibrating their regulatory posture.