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Electricity market transformation – key changes in the ERAA

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On 1 January 2025, the Electricity Regulation Amendment Act 38 of 2024 (ERAA) came into effect. This followed extensive stakeholder engagement and multiple draft iterations. The ERAA aims to bring change to South Africa's electricity sector. It continues the shift from Eskom's vertically integrated monopoly to the Transmission System Operator SOC Limited (TSO).

The procurement mafia – forgotten influence in the mining industry

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The public understandably believes the construction mafia operates within the traditional construction and built environment sector. However, its influence extends far beyond construction, creating highly negative effects. Criminal elements exploit any industry where they can extort third parties.

Gauteng’s judicial crisis – unblocking the backlog

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South Africa's Constitution is clear and unambiguous. Every person has the right to resolve disputes through the application of law. A fair and public hearing must adjudicate these disputes before a court or, when appropriate, an independent tribunal or forum. This right is more than a procedural safeguard; it is a core principle enshrined in the constitutional framework.

Administrative penalties – unveiling the determination process

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ZAR 475 million, ZAR 210 million, and ZAR 59 million are not lottery jackpots. Instead, these represent the significant administrative penalties imposed recently. During 2024, the Financial Sector Conduct Authority (FSCA) and Prudential Authority (PA)(together, the Regulators) imposed these penalties on various entities.

AI-Driven recruitment raises legal and bias concerns

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AI-driven recruitment raises critical concerns about bias, fairness and legal accountability in modern hiring practices. There is mounting foreign case law that provides both employers and Artificial Intelligence (AI) developers with significant food for thought.

SARS increases customs duties for online retail orders

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The South African Revenue Service (SARS) increases customs duties for online retail orders as part of a broader strategy to promote local businesses and address global supply chain imbalances. The clothing and textile industry has faced widescale criticism for controversial environmental, social, and governance (ESG) practices. South African consumers may imagine themselves to be far from the hub of these issues. However, we are all participants in the global supply and demand for fashion.

Overcoming capital raising challenges in a crowded PE market

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The private equity (PE) fundraising landscape, historically dynamic and competitive, has become increasingly challenging in recent years. As a number of funds compete for limited investor capital, a consistent question we get as fund formation lawyers is: "How have successful asset manager clients secured capital in this crowded market?"

Dawn raid compliance guidelines

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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.

Business rescue payment obligations

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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.

Water infrastructure funding reform in South Africa

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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).

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