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Administrative penalties – Telkom under the spotlight
Administrative penalties have come under the spotlight, yet again, in the wake of the highly publicized case that came before the Competition Tribunal (“Tribunal”) as Competition Commission v Telkom. |
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Does your company have a social and ethics committee
In terms of the new Companies Act (“Act”), all state owned and listed companies as well as any other company that has a public interest score of above 500 points must appoint a Social and Ethics Committee. A company’s public interest score is calculated as the sum of the following: |
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Senwes: A victory for the Competition Commission but a potential Pandora’s box
The spirits at the Competition Commission were certainly high when the Constitutional Court (“the Court”) ruled in favour of the Competition Authorities[1] by holding that Senwes did indeed contravene section 8(c) of the Competition Act.[2]The issue before the Court was a consideration of the interpretation to be given to the nature and breadth of the powers afforded the Tribunal in terms of the Act.
[1] Competition Commission of South Africa v Senwes Limited CCT 61/11 [2012] ZACC 6.
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A case of justice delayed is (almost) justice denied
A&A recently received judgement in a matter in favour of the executor of a deceased estate, pursuant to a property transaction concluded in 2006 between the deceased (the transaction occurred during the life of the deceased client) and a purchaser of an immovable property situated in the upmarket security estate, in the eastern suburbs of Pretoria. |
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Prevention of Organised Crime Act – Reasonable Grounds to Forfeit Assets
The National Director of Public Prosecutions (“NDPP”) may, in terms of Section 38 of the Prevention of Organised Crime Act, 1998, (“POCA”), make an ex parte application to preserve (“freeze”) the property of any person for 90 days. The NDPP must show that there are reasonable grounds to believe that such property constitutes proceeds of unlawful activities. |
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Whose duty is it anyway?
Under our current constitutional dispensation, and in light of the Constitutional Court judgement in Barkhuizen v Napier (2007 (5) SA 323), it was generally accepted that our courts, by virtue of public policy, have the power to refuse to give effect to the implementation of contractual provisions which it regards to be unreasonable, unfair or in bad faith. |
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Law firm Adams & Adams appointed exclusive legal consultant to MTN SAMA Awards
Bob Marley wrote - “Get up, stand up, stand up for your rights”. And that’s just what intellectual property law firm Adams & Adams has been doing for the past 100 years. Protecting the rights of those in the entertainment industry, from musicians, and composers, to artists, authors and film makers. |
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Product liability - beware of the CPA
Many franchise systems involve the manufacturing of products or the sale of those products to the public. Sometimes, something goes wrong in the process and the products cause harm to consumers. Both franchisors and franchisees need to consider what the implications will be if that happens. Such harm can lead to significant claims against franchisors or franchisees and steps must be taken to deal with the risks involved. |
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NGO Molteno Institute in amicable settlement with National Lotteries Board
The National Lotteries Board has acted swiftly in responding to proceedings instituted by NGO Molteno Language and Literacy Institute, represented by law firm Adams & Adams last week. |
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Concern voiced over AG findings’
The findings of the Auditor General's annual government audit are “scandalous” and heads should roll, trade unions and the Democratic Alliance said on Tuesday. |
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To rescue or not to rescue, that is the question
With the introduction of the new Companies Act (“the new Act”), the phenomenon of business rescue has come to the fore. |
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Fraud in companies by directors and CEO's
The Supreme Court of Appeal (SCA) recently had to decide under which circumstances non-disclosure by two joint chief executive officers of a company of certain financial interests which they had, resulting in substantial profits being secured from such interests, should be disclosed to the board of the company on which they served. |
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Second Proposed Amendments are Highly Welcomed by Software Developers
The second proposed amendments (introduced during October 2011) seem to provide more clarity on most of the provisions which govern the research and development (R&D) tax incentive as compared to the first proposed amendments (introduced during June 2011). |
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Fulfillment of Contractual Terms: Exactly how much effort is required?
An important term to a commercial contract which is often overlooked is the term relating to the level of effort required from a party in fulfilling its obligations under the contract. While good faith will always be implied in commercial contracts, the issue of whether sufficient “effort” was made by a party to fulfill an obligation arises when such party has failed to fulfill the obligation in question. The question is usually: how much effort was required? “best effort”? “reasonable effort”? “commercially reasonable effort”? “best endeavour”?, etc. Unless the relevant level of effort required is adequately defined in the relevant contract, it is usually difficult, under South African law, to ascertain with certainty what the parties intended.
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Are Proposed Amendments to Section 11D Providing Clarity?
The current section 11D of the Income Tax Act No. 58 of 1962 (the Act) provides for research and development (R&D) incentives which include a 150% deduction of operating expenses and accelerated depreciation of any building or part thereof, machinery, plant, implements, utensil or article. |
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The firm practises directly in several Southern African countries and through long-established associates in others.
