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Firm: ENSafrica

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South Africa: Regulating employee conduct while working remotely
ENSafrica, April 2020

A new dawn has come in the world of employment where many South African employees are required to work from home as a measure to curb the rapid spread of the new life threatening Coronavirus (“COVID-19”). This raises two questions...

Mauritius: Competition Commission clarifies application of competition law rules during the Coronavirus (COVID-19) crisis
ENSafrica, April 2020

The Competition Commission of Mauritius (“CCM”) has issued acommuniquéon 9 April 2020 stating that it understands that: enterprises may have to collaborate during these uncertain times in order to ensure provision of essential products and services; certain prohibitions as contained under the Competition Act 2007 (the “Act”) may create uncertainty as to what may be permissible in terms of collaboration in the context of the Coronavirus (COVID-19)...

Mauritius: Coronavirus (COVID-19) impact on financial institutions
ENSafrica, April 2020

The outbreak of the Coronavirus (COVID-19) pandemic and the incidental measures adopted by the Mauritian government represent serious potential impact for financial institutions in general. Below, we examine the recourses available to borrowers facing financial hardship as a result of the pandemic and its aftermath. We consider only credit facilities, that is, agreements by which financial institutions advance money to their clients for repayment either in instalments or at term...

Uganda: the impact of the Coronavirus (COVID-19) outbreak on the landlord and tenant relationship
ENSafrica, April 2020

In response to efforts to curb the spread of the Coronavirus (COVID-19) outbreak, the Ministry of Health published regulations providing for the closure of various places including bars, schools and institutions of higher learning, bars, cinema halls, shopping malls, arcades, hardware shops, all shops and stores selling non- food items, salons, gymnasiums, massage parlours, hotels and lodging houses, motor repair workshops and garages, with a few exceptions...

Constitutional Court adopts a tough line against corrupt behaviour
ENSafrica, April 2020

The recent Constitutional Court judgment inNational Director of Public Prosecutions v Botha N.O. and Anotherconsidered the issue of whether a proportionality analysis is required for the forfeiture of unlawful proceeds in terms of section 50(1)(b) of the Prevention of Organised Crime Act, 1998 (“POCA”)...

South Africa: Coronavirus (COVID-19) TERS: a guide to the updated memorandum of agreement for employers
ENSafrica, April 2020

On 9 April 2020, in light of the amendments to the coronavirus (COVID-19) TERS Directives, the Unemployment Insurance Fund (“UIF”) released four new memoranda of agreement (“MOAs”) to be used when employers apply for the COVID-19 Temporary Relief Scheme (“TERS”). It has also issued a revised application procedure. A MOA records the terms and conditions for the implementation of the TERS by the UIF and any employer who submits a claim under the TERS...

South African Mining Industry: Practical considerations for employers relating to coronavirus (COVID-19), post lockdown
ENSafrica, April 2020

Current state of affairs On 5 March 2020, the first case of novel Coronavirus Disease of 2019 ("COVID-19"), was confirmed in South Africa. Prior to, and with the advent of the various regulations issued in terms of section 27(2) of the Disaster Management Act, 2002, all industry sectors, including the mining industry, were directed to take reasonable measures to prevent or limit the exposure to COVID-19 at working places...

South Africa: New Amendments to the Coronavirus (COVID-19) TERS Directive Clarify who can Apply for Relief Benefits and Now
ENSafrica, April 2020

On 8 April 2020, the Minister of Employment and Labour issued a notice amending a few significant aspects of the coronavirus (COVID-19) Temporary Relief Scheme (“C19 TERS”) Directive of 25 March 2020 (the “Amendment”).The C19 TERS was established to compensate employees who have lost income due to the COVID-19 pandemic, through the Unemployment Insurance Fund (“UIF”)...

South Africa: Tax Considerations Arising from the Impact of COVID-19 on Contractual Obligations
ENSafrica, April 2020

Our firm has published several articles in relation to the impact of COVID-19 on the contractual obligations of parties, mainly due to the promulgation of emergency legislation impacting performance...

South Africa: Coronavirus (COVID-19) Obligations and Roles of the Electronic Communications Sector Amended
ENSafrica, April 2020

Directions pertaining to the communications sector were issued on 26 March 2020 by the Minister of Communications and Digital Technologies (the "Minister"), to ensure the smooth operations of the electronic communications sector – as essential services – during the national state of disaster period. You can read our previous article relating to the Directionshere...

Uganda: An Assessment of Uganda’s Legal Response to the Coronavirus (COVID-19)
ENSafrica, April 2020

Ten years ago, Uganda’s National Disaster Preparedness and Management Policy predicted that “an influenza pandemic may occur when a new influenza virus appears against which the human population has no immunity. With the increase in global transport, as well as urbanization and overcrowded conditions in some areas, epidemics due to a new influenza virus are likely to take hold around the world, and become a pandemic faster than before”...

South Africa: ICASA Coronavirus (COVID-19) National State of Disaster Regulations
ENSafrica, April 2020

On 6 April 2020, the Independent Communications Authority of South Africa (“ICASA”) published the Information and Communications Technology (“ICT”) COVID-19 National Disaster Regulations (the "Regulations").   The stated purpose of the Regulations is to prescribe the minimum standards to which all licensee (electronic communication services and broadcasting services) must adhere for the duration of the National State of Disaster...

South Africa: Coronavirus (COVID-19) - Closing Commercial Transactions during Lockdown
ENSafrica, April 2020

With South Africa currently under a nationwide lockdown, practical challenges arise for parties to existing (or new) commercial transactions that are scheduled to “close” during this period. While physical closings are (generally) not currently possible, depending on the type of transaction and the closing deliverables involved, this challenge need not delay closing...

What’s Happening to JIBAR?
ENSafrica, April 2020

Following our recent article on the end of the London Interbank Offered Rate (LIBOR), you may be wondering, “but what is happening to the Johannesburg Interbank Average Rate (“JIBAR”)? If I have a long dated loan referencing JIBAR, should I be adding some fall-back language?” To recap, on a worldwide basis, central banks and regulators undertook a review of interbank lending rates after the financial crisis of2008...

Mauritius – Tax Measures in Response to the Coronavirus (COVID-19)
ENSafrica, April 2020

In light of the widespread impact of the coronavirus (COVID-19), various tax measures that companies and individuals should be aware of have been announced by the Mauritius authorities: WAIVER OF INTERESTS AND PENALTIES FOR LATE FILINGS OR LATE PAYMENTS On 20 March 2020, the Mauritius Revenue Authority (“MRA”) issued a communiqué stating that taxpayers who are unable to submit returns, or effect payment of tax because of the lockdown will not be charged any penalty o

Mauritius: Capital markets - Practical considerations in the Context of the Coronavirus (COVID-19)
ENSafrica, April 2020

An announcement made by The Stock Exchange of Mauritius Ltd (“SEM”) and the Central Depository & Settlement Co. Ltd (“CDS”) confirmed that on April 3 2020, the Financial Services Commission (“FSC”) revoked the order of 2 April 2020 for the temporary cessation of the operations of the SEM...

South Africa: The impact of the Draft Disaster Management Tax Relief Administration Bill, 2020 on the Time Periods for Tax Matters
ENSafrica, April 2020

The Draft Disaster Management Tax Relief Administration Bill, 2020 (“Bill”) was released for public comment on 1 April 2020 and once signed into law, will take effect from that date...

South Africa: Coronavirus (COVID-19) Illegal and Impossible Performances under Derivatives Transactions – Contractual Provisions and South African Common Law
ENSafrica, April 2020

Some reports claim that as many as one third of people around the world are subject to some degree of lockdown to stem the coronavirus (COVID-19) rate of infection. As a result, businesses everywhere are facing unprecedented circumstances that most of us would agree could never have been imagined, and certainly not anticipated, in negotiating a contract...

The Name’s Boss, Hugo Boss
ENSafrica, April 2020

What are we to make of the comedian who changed his name to that of a well-known brand? A British comedian by the name of Joe Lycett recently changed his name to Hugo Boss – he did this formally, as in by deed poll. Hugo Boss is, of course, a very well-known fashion brand. The company, which was formed in Germany in 1924 and named after its founder, made uniforms for the German army during World War 2 but changed its focus, somewhat, in the post-war years...

Uganda: Ministry of Health issues additional Coronavirus (COVID-19) rules
ENSafrica, April 2020

The Ugandan Minister of Health has issued the Public Health (Control of COVID-19) (No. 2) Rules, 2020 (“the Rules”) in addition to the previously published statutory instruments (discussed here)...

“Control” and Computer Programs – Who owns the Copyright?
ENSafrica, April 2020

On 1 April 2020, the Supreme Court of Appeal (“SCA”) granted an appeal against an order of Acting Justice Kose in the Cape Town High Court in favour of The Agricultural Research Council (ARC) (Bergh and Others v The Agricultural Research Council (Case no 93/2019) [2020] ZASCA 30). The appeal was against an order interdicting the appellants from infringing the ARC’s copyright in the BeefPro computer program and from unlawfully competing with the ARC...

Kenya: Key Highlights of the Business Laws (Amendment) Act, 2020
ENSafrica, April 2020

The Business Laws (Amendment) Act, 2020 (the “Act”) was assented to by the President on 18 March 2020, introducing several significant changes to various existing laws, improving the ease of doing business...

ENSafrica: Coronavirus (COVID-19) Legal Update
ENSafrica, April 2020

a national state of disaster Now what? On 15 March 2020 the South African President declared a national state of disaster in terms of the Disaster Management Act, 2002. A national state of disaster lapses three months after it has been declared, but can be withdrawn or extended...

The Drugs (Pricing Policy) Don’t Work, They Just Make it Worse
ENSafrica, April 2020

A recent report published by the White House Council of Economic Advisers (“CEA”) on drug pricing in the United States of America has put the cost of medicine and the access thereto by the poor, firmly back in the spotlight, and on a global scale. In the CEA report, President Donald Trump’s administration argues that the USA pays higher prices for pharmaceuticals because other developed countries have systems in place to actively force down drug pricing...

WIPO Leadership: The Fox Guarding the Henhouse
ENSafrica, April 2020

A fierce fight for the leadership of the World Intellectual Property Organisation (”WIPO”) reflects an ever-growing recognition of the importance of IP. The US has seemingly secured a major victory in its quest to prevent a Chinese official from becoming the director general of WIPO. It has achieved this by backing a candidate from Singapore, Daren Tang, the head of the Singapore Intellectual Property Office...

 

 

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