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“...firm steps to end cartels” —the criminalisation of cartel activity
ENSafrica, April 2016

South African Minister of Economic Development, Ebrahim Patel, has announced that, from 1 May 2016, cartel conduct (price fixing, market allocation and collusive tendering) comprises criminal activity. Directors or persons with management responsibility who participate in cartel conduct or who are aware of cartel conduct and fail to take appropriate action can be criminally prosecuted...

“Breaking ground” to calculate mineral royalties on unrefined minerals
ENSafrica, October 2017

The 2014 changes to the South African Mineral and Petroleum Resources Royalty Act, 2008 (the “Royalty Act”) have left mining companies and extractors (“taxpayers”) in uncertain territory...

“Gardening leave” and the enforceability of restraints of trade
ENSafrica, March 2016

The South African Labour Courts have, until now, not had the opportunity to consider what impact, if any, a so-called “gardening leave” provision may have on the enforceability of a restraint of trade. This issue, among others, came before the Labour Court in Johannesburg in the case ofVodacom v Godfrey Motsa and MTN Group (J74/16). Judgment was handed down by Van Niekerk J on 9 February 2016...

“Get off your ass” isn’t offensive
ENSafrica, May 2016

ENSafrica successfully represented Virgin Active in a South African Advertising Standards Authority (“ASA”) matter, regarding a Virgin Active TV advertisement that used the expression “get off your ass”. The case in question is S Jack & others v Virgin Active South Africa (Pty) Ltd, and the ruling was handed down on 26 February 2016. The point of the advertisement was to persuade people to start working out at Virgin Active gyms...

3D Printing
ENSafrica, March 2013

The BBC recently published a piece called ‘3D Printing Will Be the Next Big Copyright Fight’. It said this:  ‘That moment we’ve been hearing about for years – the one where futuristic-sounding 3D printing becomes ubiquitous – is actually upon us.’  It dealt with a topic that’s also referred to as ‘additive manufacturing’...

A "Wealth Tax" for South Africa?
ENSafrica, May 2017

 The Davis Tax Committee (“DTC”) issued a media statement on 25 April 2017, calling for written submissions on the introduction of a possible wealth tax in South Africa. This proposal comes two months after an increase in the top income tax bracket for individuals by 4% to 45%, resulting in an effective capital gains tax (“CGT”) rate for individuals of 18%. This should be seen on the back of the increase the CGT rate by nearly 5% from 13...

A Bittersweet Copyright Story
ENSafrica, August 2019

  A story that was widely reported on in the United Kingdom (“UK”) gives us an interesting insight into the world of copyright. A long time ago – some 22 years to be precise – a songwriter by the name of Richard Ashcroft assigned (transferred) the copyright in a hugely successful song calledBitter Sweet Symphonyperformed by a band called The Verve. If no bells are ringing, I suggest that you Google the song, chances are you will recognise it immediately...

A BrewDog's Breakfast
ENSafrica, May 2017

The recent storm in the UK about Scottish craft brewing company BrewDog’s decision to invoke its trade mark rights against much smaller rivals highlights the difficulties and negative repercussions that can arise when it comes to enforcing trade mark rights. BrewDog has been extraordinarily successful...

A Clearvu on AdWords an update
ENSafrica, June 2016

“The degree of consumer care is becoming more heightened as the novelty of the Internet evaporates and online commerce becomes commonplace.” This quote, which comes from a United States (“US”) decision, is quoted in the South African Supreme Court of Appeal’s (“SCA’s”) judgment in the so-called “Clearvu case” – Cochrane Steel Products (Pty) Ltd v M-Systems Group (Pty) Ltd and Another (unreported case no. 227/2015, 27 May 2016)...

A Clearvu on endorsements
ENSafrica, February 2018

Every now and then, a dispute comes along that adds an extraordinary amount to the law. One such dispute is the Clearvu trade mark case.We have reported on the case of Cochrane Steel Products (Pty) Ltd v M-Systems Group (Pty) Ltd on a number of occasions. This was the case in which a South African court had to consider whether or not it is unlawful for a company to bid on the trade mark of a competitor as a keyword/search term...

A Costly Mistake for Failing to Protect an Employee Against Sexual Harassment
ENSafrica, May 2017

  The Labour Appeal Court ("LAC") judgment in Liberty Group Limited v MM is a reminder to employers to be vigilant when dealing with allegations of sexual harassment in the workplace and to ensure that managers are equipped to deal with reports of sexual harassment. A failure to do so can be a costly mistake, as the employer in this decision learnt...

A Judgment “Peppad” With Advice
ENSafrica, February 2017

A judgment “peppad” with advice A recent South African court decision neatly summarises some of the major issues that need to be considered when comparing trade marks in South Africa. In the case of Dinnermates (Tvl) CC v Piquante Brands International (Pty) Ltd and Another, the facts were that a company applied to register the trade mark PEPPAMATE and a device depicting a pepper with a stalk in classes 29, 30 and 31...

A Legal Obligation to Monitor your Social Media Pages?
ENSafrica, September 2017

Many of us are aware of the popular myth that ostriches believe burying their heads in the sand will make them invisible to predators. In other words, an “if I can’t see you, you can’t see me” approach. Even though scientists will tell you that this is not true, the approach seems to bear a resemblance to the online behaviour of some humans...

A Practical Cross-Border Insight into Gas Regulation Work
AELEX, May 2011


A Practical Cross-Border insight into Gas Regulation Work
AELEX, February 2011

A overview of natural  Gas Sector and a brief outline of Nigeria’s natural gas sector, including a general description of: natural gas reserves; natural gas production including the extent to which production is associated or non-associated natural gas; import and export of natural gas, including liquefied natural gas (LNG) liquefaction and export facilities, and/or receiving and re-gasification facilities (“LNG facilities”); natural gas pipeline

A Role for PPPs in African Infrastructure
Hunton Andrews Kurth LLP, March 2013

Across Africa, investments in infrastructure have failed to keep pace with growth and demand, creating a tremendous infrastructure deficit. Less than 40 percent of the population across the continent, and only 26 percent of the population of Sub-Saharan Africa, has access to electricity. Approximately 34 percent of the population has access to improved sanitation facilities, and 35 percent lack access to clean drinking water...

A Silently Raging Bull
ENSafrica, June 2014

A recent US Supreme Court decision highlights a defence that’s raised from time to time in intellectual property (IP) matters, but rarely succeeds. It’s the defence of delay, something that’s referred to by various names, including ‘acquiescence’, ‘estoppel’ and ‘laches’...

A Take-Off, Not a Rip-Off
ENSafrica, June 2014

The relationship between parody and IP rights comes up quite often. Just recently the Advocate General of Europe’s highest court, the Court of Justice of the European Union (CJEU), handed down his opinion in the case of Deckmyn, a case which involves the allegedly parodic use by a Belgian political party of a comic in which there is copyright...

A Union's Duty to Consult: The Labour Court's Disapproval of Delaying Tactics and Obstructive Behaviour
ENSafrica, August 2018

Section 189 of the Labour Relations Act, 1995 (the "LRA") provides that an employer, after giving notice that it is contemplating dismissals on the grounds of its operational requirements, must enter into a consultation process with regard to the proposed dismissals...

Acquisition of Petroleum Exploration Rights in Zambia
Corpus Legal Practitioners, July 2013

The Petroleum (Exploration and Production) Act, 2008 (the “Petroleum Act”) provides that all property and control over petroleum and accompanying substances, in whatever physical state, located in Zambia is vested in the President on behalf of the State. The petroleum Act prescribes the bidding process in the acquisition of exploration rights...

AdWords: we’re all on the same page
ENSafrica, May 2016

A recent Australian decision on keyword usage of a registered trade mark is in line with decisions in many other countries, including South Africa. The facts in the case of Veda Advantage Limited v Malouf Group Enterprises (Pty) Ltd (2016) FCA 255 were straightforward. Veda is a company that compiles credit reports and has trade mark registrations for the trade mark Veda in class 36 for financial services. Malouf is a company that helps people remove their negative credit ratings...

Africa Gears up to Fast Forward International Investors’ Growth
ENSafrica, October 2012

Traditionally investors have looked towards developed countries for investment opportunities and, more often than not, investment decisions have been based on the economic development and growth of such countries.  However, recently investment strategies have shifted towards emerging markets rather than established markets and for this reason an ever increasing number of investors are turning their attention to the African market...

Africa Tax in Brief
ENSafrica, August 2019

  ETHIOPIA: Bills amending customs and VAT proclamations endorsed by Council of Ministers On 26 May 2019, the Council of Ministers endorsed a new bill amending Customs Proclamation No. 859/2014, expected to address practical problems and create a conducive business environment. The Council of Ministers also endorsed a bill amending a number of provisions of Value Added Tax Proclamation No. 285/2002 on 18 May 2019...

Africa Tax in Brief
ENSafrica, August 2019

  ANGOLA: Introduction of VAT postponed The introduction of value-added tax (“VAT”), scheduled for 1 July 2019, was postponed to October following discussions between the Angolan Government and the Business Technical Group (“GTE”), which advocated implementing VAT only in January 2020...

Africa Tax in Brief
ENSafrica, August 2019

  AFRICA: African Continental Free Trade Area Agreement enters into force The Parliament of Zimbabwe and the Ethiopian House of Representatives approved the African Continental Free Trade Area Agreement (“ACFTA”) on 14 March and 21 March 2019, respectively. The Moroccan Council of Government approved the ACFTA on 21 February 2019...



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