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Higher penalties on the cards for failing to notify mergers

When faced with legislation that requires parties to take certain steps or prevents them from implementing a particular course of action, the questions often asked include 'what are the consequences and who will be liable to pay?' For a long time been uncertainty about the penalty firms would face if they fail to notify a merger and/or implement a merger without the requisite approval of the competition authorities.

Smart contracts vs traditional contracts

Smart contracts mark the evolution of the binding contract from a set of terms and conditions, governed by the common law, into a set of conditional statements governed by a programming language and the tenets of blockchain technology.

Crowdfunding: an untapped funding resource for renewable energy

Small and innovative renewable energy projects battle to raise funds through formal channels. One possible solution is to reach out to communities with an interest in those projects to help fund them through crowdfunding initiatives.

VAT cross-border e-commerce rules promulgated

The indirect taxation of cross-border e-commerce transactions have been high on the agenda for tax authorities worldwide. There is clearly a perception that much of these transactions are escaping indirect tax (essentially VAT) because the supplier and consumer are in different jurisdictions.

Loot Box systems – is it gambling?

Whenever you think about gambling you usually imagine yourself hitting the jackpot at a slot machine in the casino. However, what if gambling covered more than just a chance at winning a tangible prize? Does South African law recognise the possibility of gambling for virtual-items?

Is it feasible to be more inclusive in retrenchment talks?

The Association of Mineworkers and Construction Union (Amcu) has challenged the inclusivity of the Section 189(1) provisions of the Labour Relations Act, arguing retrenchments are so important that everyone needs to be consulted individually. But in our view, Section 189(1) is the most practical solution and in line with the principle of majoritarianism that runs throughout SA law.

Private equity in Africa – unpacking the trends

2018 was a watershed year in many respects for private equity in Africa. In the wake of the Abraaj collapse and other market fluctuations, we will in 2019 likely see significant shifts in the industry, with key changes to all stakeholders’ strategies expected to emerge.

Mining the value of alternative dispute resolution

International commercial arbitration and international investment treaty arbitration both offer effective and efficient alternative dispute resolution mechanism to assist with Africa mining related disputes and avoid some of the downsides often associated with judicial resolve.

Mining sector – legally into the 4th Industrial Revolution

Rapid advances in technology and artificial intelligence in the mining industry raise issues like data protection, intellectual property ownership and legal liability. In the current absence of specific legislation to govern emerging technologies like artificial intelligence, businesses must continue to rely on existing laws and ensure that they enter into robust contracts.

Fintech view on the Conduct of Financial Institutions Bill

The draft Conduct of Financial Institutions Bill was recently published. Once enacted, the CoFI Bill may become one of the first pieces of legislation that explicitly seeks to develop fintech regulation in South Africa.
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