Without Prejudice - Volume 14, Issue 2, 2014
Volume 14, Issue 2, 2014
Source: Without Prejudice 14 (2014)More Less
The ongoing economic climate, not only in South Africa but globally, ensures that successful M&A continues to be a tough ask. In 2013 South Africa's leading legal adviser in the M&A category, both by deal value and by deal flow, was Cliffe Dekker Hofmeyr. The value of the 96 deals was R46 107m and this figure represented16.4% of market share. ENSafrica came in a close second, for both deals by value, R44 958m and flow, 93 deals. In third place by deal value - R36 111m, came Webber Wentzel, while Werksmans took third place by deal flow with its 38 deals valued at R31 641m.
Source: Without Prejudice 14 (2014)More Less
February 14 dawned just an ordinary day but, less than a third of the way through it, a remarkable man had left us: friend, colleague, publisher, columnist, watchdog; we are all of us the poorer without him; the landscape is a little less colourful and the joie de vivre that much less joyful. David took delight in throwing down challenges; this tribute I view as a challenge to enable readers who did not have the privilege of meeting him, to know a little of David, the man behind the words.
Source: Without Prejudice 14, pp 6 –7 (2014)More Less
Mauritius has, to date, successfully concluded 39 double taxation avoidance agreements (DTAs) worldwide thus allowing the country to become an international financial centre of repute. To keep pace with such recognition, the country has recently been fine-tuning its Alternative Dispute Resolution regime, especially in the field of arbitration, into a state-of-the-art legal and regulatory framework. One sector expected to witness an important emergence of arbitration in Mauritius is the Global Business Sector.
Author Tamara DiniSource: Without Prejudice 14, pp 8 –9 (2014)More Less
Competition law developments in Africa continue to be closely monitored globally. Regional competition law in Africa took the spotlight in 2013, with the introduction of COMESA Competition Commission (the CCC) on January 14 2013. The CCC's initial year was not without serious challenges. In particular, the international business and legal community raised concerns about the merger filing thresholds being set at nil and the high filing fees payable for merger notifications to the CCC. Certain regulators within the COMESA region itself have not accepted the CCC as a "one stop shop" for merger notifications, and the COMESA Competition Regulations are dated and unclear in many respects, making their interpretation and application problematic.
Author Rajen RanchoojeeSource: Without Prejudice 14, pp 10 –11 (2014)More Less
At the dawn of Africa's rise to economic prosperity, it must be asked how we move from the "continent of potential and opportunity" to becoming a continent of meaningful and significant contribution to the global economy. Africa, as it currently stands, enjoys the status of being a primary target for inbound investment. Though within this general view it should be asked, can Africa be seen as a single investment destination?
Source: Without Prejudice 14, pp 12 –13 (2014)More Less
The rapid growth of new investors, especially from the BRICS countries, in the mining sector in Africa as well as increased investment in rich untapped resource regions, such as Guinea, DRC, Ivory Coast or Burkina Faso, has posed new challenges to the achievement of sustainable development in the mining industry.
Author Neil MacKenzieSource: Without Prejudice 14, pp 18 –19 (2014)More Less
The Competition Commission recently concluded its investigation into the potential effects of exclusive lease agreements between supermarkets and their landlords on competition. This note explains the implications of the Commission's decision for firms that rely on exclusive lease agreements.
Author Sibusiso RadebeSource: Without Prejudice 14, pp 20 –21 (2014)More Less
Source: Without Prejudice 14, pp 22 –23 (2014)More Less
The Companies Act (71 of 2008) provides various remedies to shareholders of a company in the event that there has been a breakdown in the relationship between them. Most notably, s163 enables a shareholder or director to apply to court for relief from oppressive or prejudicial conduct.
Source: Without Prejudice 14, pp 24 –25 (2014)More Less
Author Moffat NdouSource: Without Prejudice 14, pp 28 –29 (2014)More Less
The Supreme Court of Appeal, in the recent judgement of Boschpoort Ondernemings (Pty) Ltd v Absa Bank Ltd (936/12)  ZASCA 173 (November 28 2013), had the opportunity to consider the extent to which the Companies Act (71 of 2008) (the new Act) applied to an application for the liquidation of a commercially insolvent company.
Author Garth DuncanSource: Without Prejudice 14, pp 29 –30 (2014)More Less
In Optimum Coal Mine (Pty) v Patrick Makoea and two Others (LC) JR727/2012 of October 10 2013, a recent unreported judgement of the Labour Court, Fourie AJ hat "in the context of mining operations, a zero-tolerance policy approach to intoxication in the workplace, and the use of blood alcohol measuring to monitor and enforce this rule, is fair and reasonable. At a procedural level, provided the policy is publicised, and uniformly enforced (which could include random checks), it will pass muster for fairness."
Author Njabulo HlopheSource: Without Prejudice 14, pp 32 –33 (2014)More Less
On the eve of what is now commonly referred to as the annual strike season, the Labour Appeal Court, in the matter of Chamber of Mines of South Africa and Others v AMCU and Others, was once again called upon to consider a series of complex issues, which invariably arise within the context of the right to strike.
Author Sha'ista KazeeSource: Without Prejudice 14, pp 33 –34 (2014)More Less
The role of affirmative action and the rational implementation of an employment equity plan (EEP) has, once again, come into the spotlight and may soon be argued before the Constitutional Court. Recently, the Supreme Court of Appeal (SCA) judgement of Solidarity obo Barnard v SAPS expressed frustration with the manner in which the case was litigated by the employer, the South African Police Service (SAPS). The SCA overruled the the Labour Appeal Court and ordered that Barnard receive monetary compensation for the unfair discrimination she suffered when she was not appointed to the role of superintendent. The SAPS has referred the matter for appeal to the Constitutional Court.
Source: Without Prejudice 14, pp 34 –35 (2014)More Less
We have all heard the maxim that knowledge is power. At face value this seems both wise and true but, unfortunately, that is simply not the case. Knowledge is nothing more than a product derived from a specific skill set and, though it can be said to be a powerful tool, the true power is the ability to acquire knowledge combined with the realisation that knowledge is an ever evolving concept.
Author Patrick BracherSource: Without Prejudice 14, pp 36 –37 (2014)More Less
Lawyer needn't pay $1 million for hyperbolic challenge in TV interview
Semi-naked coffee baristas banned
Woman serves 154 days instead of 48 hours
"Lawyer" ranks 51st in best jobs in America
Exotic dancer wins costs in fight to return $1 million seized in traffic stop
Misconduct worthy of Hollywood script
Sentenced to read a book
Lawsuit against NASA for failing to investigate Mars rock
"Most hated man on Internet" charged with email hacking to get revenge porn
Child porn charges against teen who posted sex video on Facebook
Major NW law firm thrashed for overcharging
Gays can't be excluded from juries
Lawyer founded fake church to funnel money
$1.6 million for enema ordeal after traffic stop
Pimp who stomped customer sues Nike for no warning label on shoes
Author Jacques JoubertSource: Without Prejudice 14, pp 40 –42 (2014)More Less