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News & Insights

May 16, 2022

Impact of technology on risk management for building projects

In Andersen in South Africa's segment of the webinar Director Keshia Manolios discusses legal aspects of data-centric construction workflows. Hosted by Baker Baynes this virtual event series explores the impact of BIM and technology on risk management for building projects.This series will include insight on legal considerations of BIM from Andersen in South Africa. In this first webinar, Henning Rassmus of Paragon Datascape and Paragon Africa will share an industry perspective based on his expe ...


Mar 31, 2022

Human biological specimens and POPIA

How medical institutions and research facilities should treat human biological specimens in light of POPIA: Part 2 In part 1 of this article series, we identified that human biological specimens can find application in terms of POPIA under certain circumstances. To the extent that human biological specimens do find application in terms of POPIA, it is important that medical institutions and medical research facilities who process human biological specimens do so in line with POPIA. The definiti ...


Mar 28, 2022

First Thursday Club and Andersen invite Mining Industry colleagues

Andersen in South Africa would like to extend an invite to our Mining Industry colleagues, clients and peers to join us at the First Thursday Club at the Wanderers Club. Date: 7 April 2022 @5pm Venue: The Vista Room at the Wanderers Club This is an informal event so no RSVP is required, and you are welcome to forward this invite to fellow MINING industry participants. Please bring your business card as verification as the aim of this event is to bring together colleagues and peers with a corpora ...


Mar 28, 2022

Andersen in South Africa expands its Intellectual Property Practice

We are pleased to announce that Andersen in South Africa has embarked on a journey to expand its expertise and create a dedicated intellectual property service to advance the specialist intellectual property needs and requirements of its clients. Drawing on existing experience, professional development, a strategic consultancy relationship with intellectual property specialist Karen Kitchen, and the Andersen global collective, Andersen in South Africa offers an intellectual property solution in ...


Mar 18, 2022

Does POPIA regulate DNA processing?

How medical institutions and research facilities should treat human biological specimens in light of POPIA: Part 1 With the enactment of the Protection of Personal Information Act 4 of 2013 (“POPIA”), a fundamental question is posed for medical institutions and medical research facilities in South Africa – does a human’s biological specimen fall within the scope and ambit of POPIA which requires such institutions and facilities to process such specimens in accordance with the principles of POPIA ...


Mar 07, 2022

Andersen in South Africa significantly expands Tax and Funds practice

It was recently announced that Andersen South Africa had signed up a group of prominent practitioners in the tax and funds space. Much of the team joins from CMS South Africa and includes Andrew Wellsted (Tax and Exchange Control), Nicole Paulsen (Tax and Exchange Control), Keshen Govindsamy (Tax and Exchange Control) and Milton Osborn, a Funds and Commercial Lawyer. The Team also comes with some external consultants which bolsters its expertise including Andea Du Toit and Dean Joffe. The tea ...


Feb 21, 2022

Andersen in South Africa Chambers Global 2022 Ranking

Chambers and Partners has released its Chambers Global 2022 guide, ranking Andersen in South Africa in the Environmental practice area and in 4 lawyer categories. Congratulations to our Environmental Health and Safety team for their consistent recognition as a leading practice in this field. Also a proud congratulations to David Woodhouse (Employment), James Cross (Environment), Jackie Peart (Tax) and Andrew Wellsted (Tax) whose steady ranking in their areas of expertise is representative of the ...


Jan 31, 2022

Damned if you don't vaccinate: the CCMA considers mandatory vaccinations

In this article, our employment team briefly canvasses two recent CCMA awards dealing with the contentious issue of workplace vaccinations In the last week two CCMA awards have been issued and widely disseminated relating generally to the issue of mandatory workplace vaccinations. In both awards, the respective CCMA Commissioners have, in very broad terms, upheld what are seen to be “mandatory” workplace vaccination policies and practices. Proponents for and objectors to mandatory workplace va ...


Jan 20, 2022

Facebook and the Right to Privacy

The Supreme Court of Appeal (“SCA”) recently dealt with the tension between the right to privacy and the right to freedom of expression in the matter of Bool Smuts and another v Herman Botha. The SCA made significant findings in this regard, namely that whilst the publication of personal information is generally protected by the right to privacy, in certain instances the right to freedom of expression outweighs the right to privacy. In considering the issues before it the SCA had to make an enqu ...


Jan 13, 2022

Competition Commission keeps its eye on school uniforms

On 10 January 2022, the Competition Commission released a media statement it termed “a call to action” for schools, school bodies and parents regarding the procurement of school uniforms. For some time, the procurement of school uniforms has been on the Commission’s radar for its potential anti-competitive effects. The Commission urged the school community to adhere to the following principles with regards to the supply of school of uniforms: the design should be as generic as possible with only ...


Dec 08, 2021

Andersen in South Africa obtains precedent setting High Court Order on interpretation of the MPRDA

In the review application between Sedibeng Iron Ore (Pty) Ltd v The Minister of Mineral Resources and Energy & 16 Others (case number 19831/20), and in which the specialist mining, environmental and litigation teams of Andersen in South Africa acted for the Applicant (Sedibeng) with Adv. P Daniels SC and Adv. A Higgs, Le Roux AJ handed down a reportable judgment reviewing and setting aside the decision of the Minister of Mineral Resources to grant a prospecting right to the Rexton Holdings ( ...


Dec 06, 2021

Directors serve at the pleasure of the shareholders

In August 2021, the High Court in Miller v Natmed Defence (Pty) Ltd and others (18245/2019) [2021] ZAGPJHC 352 handed down a decision reaffirming the position that directors serve at the behest of the shareholders which elected them. To this end, the Court highlighted that shareholders may decide to remove a director without having to give reasons for such decision. This judgment further cements the prevailing position of shareholders and their powers relating to directors. In this case, a dir ...


Dec 01, 2021

The cannabis industry in South Africa: how does one enter the market?

In the first quarter of 2021, Agriculture, Land Reform and Rural Development Minister Thoko Didiza stated that she wants to pave the way for the industrialisation and commercialisation of cannabis as a way to boost the economy. Such a stance inevitably sparks talk of creating economic growth, job creation and even the reduction of unemployment. It is evident that in recent years, the cannabis industry worldwide has grown rapidly as a multi-billion dollar sector. With this much reform has develop ...


Nov 19, 2021

Andersen among South Africa’s Best Lawyers®️ 2022

Andersen in South Africa is proud to announce that Best Lawyers ® has selected twelve of the firm’s directors in the 2022 ranking in the South African market. Best Lawyers ® is regarded as a definitive, peer reviewed guide to legal excellence. Best Lawyers ® named the top performing legal experts in their recognised areas of practice as follows: Anthony Crane - Regulatory Practice Brett Tate - Litigation Catharine Keene - Mining Law David Woodhouse - Labor and Employment Law Derrick Kaufmann - ...


Nov 18, 2021

Competition authorities and their duty to the Constitution

On 15 October 2021 the Constitutional Court delivered a precedent setting judgement on the role of the competition authorities in promoting and protecting cornerstone socio-economic rights contained in the Constitution. The judgement in question, Competition Commission of South Africa v Mediclinic Southern Africa (Pty) Ltd and Another, concerning the proposed acquisition by Mediclinic of two private hospitals in the Potchefstroom/Klerksdorp region. Upon consideration of the merger, the Competiti ...


Oct 22, 2021

Cryptocurrency cross-border arbitrage may breach exchange control regulations

With reference to recent articles discussing Standard Bank terminating accounts of several clients offering automated cryptocurrency arbitrage services, we highlight a few kew points on the matter in this post. The South African Reserve Bank's position is simple: The Exchange Control Regulations prohibit transactions where capital or the right to capital is, without permission from National Treasury, directly or indirectly exported from South Africa. This includes transactions where an individu ...


Oct 22, 2021

Declaring Force Majeure: Be aware of potential consequences

Transnet has declared its second force majeure since July. The event triggering the declaration was a fire that occurred on its conveyor belts at the Richard's Bay port (one of three in the last three weeks) which is reported to have lasted 5 hours. The cause of the fire is still under investigation. Declaring force majeure has far reaching consequences at various levels which can include the cancellation of contracts. It is therefore important to ensure that all affected parties are aware of t ...


Oct 12, 2021

An update to the South Africa-Netherlands double tax agreement

You will often hear the saying that Amsterdam is the new London, referring to the tendency of South African-born Millennials to prefer the City of Sin to the capital of the British Empire, with the latter having been the preferred choice of a previous generation (the lesser-known generation X) upon expanding their horizons abroad. The rationale for the shift to Amsterdam as a preferred destination of Millennials extends far beyond the scope of the Dutch culture, ease of travel from Schiphol int ...


Oct 06, 2021

COVID-19 Update — Adjusted Alert Level 1

Following the confirmation by South African COVID-19 Modelling Consortium that the country has emerged from the third wave of Covid-19 infections (the average number of new cases on the past week was approximately 1800 per day) the Cabinet has decided to ease restrictions and move the country from Adjusted Alert Level 2 and place it on Adjusted Alert Level 1. The latest amendment to the Regulations in terms of the Disaster Management Act was gazetted by the Minister of Cooperative Governance and ...


Oct 06, 2021

Vaccination certificates for religious gatherings – Who is on the side of the angels?

During his latest so-called “family meeting” on 30 September President Cyril Ramaphosa told the nation that: “The Department of Health should be rolling out a vaccination certificate which will provide a secure and a verifiable proof of vaccination, which can be used to facilitate travel to access establishments and gatherings and other forms of activity that require proof of vaccination”. The Department of Health has promised that some people will start to receive their vaccination certificate ...


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