Latest Issue - Quarter 2 2021


Editor’s Note - Quarter 2 2021 Editor's Note

The top student feature is one that is eagerly awaited by students, and read with interest by law firms and in-house counsel. Strictly speaking, of course, it should be named the top graduate feature. Traditionally, we carried the 'So you want to be a lawyer?' feature in the October issue of without prejudice. Now that the magazine is uploaded quarterly, it made sense to combine the two.

Read More

What’s happening with the replacement of the JIBAR? Banking Law

The discontinuation of the London Interbank Offered Rate (LIBOR) for Sterling has been set for 31 December 2021. This is the date by which all GBP LIBOR settings will either cease or no longer be representative. This will also apply to EUR LIBOR, CHF LIBOR, JPY LIBOR (on a non-synthetic basis) and one week and two month tenor USD LIBOR. The cessation or 'non-representativeness' date for all other USD LIBOR tenors is 30 June 2023. Certain LIBOR settings may be continued on a synthetic basis following 31 December 2021 or, in respect of certain of USD LIBOR settings, after 30 June 2023. However, the situation regarding the replacement of the Johannesburg Interbank Average Rate (JIBAR) is unclear at this stage.

Read More

The availability of the appraisal remedy Company Law

In the recent judgment of First National Nominees (Pty) Ltd v Capital Appreciation Limited (19/41679) [2021] ZAGPJHC 18 (5 February 2021), the court had to determine whether Nominees was entitled to exercise the appraisal rights afforded to it in terms of s164 of the Companies Act (71 of 2008) as a consequence of a repurchase of shares in terms of s48(8)(b) of the Act.

Read More

Winding-up solvent companies in deadlock Company Law

There are usually several reasons why a company would be wound-up; most often, it is due to an inability to pay its debts, in terms of s345 of the Companies Act (61 of 1973). The process usually commences with a section 345 notice being sent to a defaulting company and, if they fail to make payment as demanded, winding-up proceedings are initialised in court. However, it is not only insolvent companies that may be wound-up.

Read More

South African business in Australia Company - International Law

According to the Australian Government's official numbers, there are over 200 000 South African-born people living in Australia. This means that close to 1 out of every 100 Australians is a South African or a South African descendant.

Read More

COVID-19 in the boardroom Company Law - Management

The cataclysmic COVID-19 pandemic has forced a re-imagination of the manner in which corporate governance by boards of directors is exercised, the world over.

Read More

Unfair discrimination or affirmative action? A practical test with fairness and rationality at its heart Employment Law

In South Africa, discrimination (i.e. distinguishing, excluding or preferring any person on a prohibited ground) may be justified by the application of an employment equity plan (or affirmative action plan) consistent with the purpose of the Employment Equity Act (55 of 1998) (EEA). This is needed to redress "the disadvantages in employment experienced by designated groups, in order to ensure their equitable representation in all occupational levels in the workforce."

Read More

Copyright blind spot Intellectual Property

Blind people are at a distinct disadvantage and face serious challenges when it comes to reading the written word. They need written text to be rendered in braille or in electronic form to permit a text-to-speech functionality with easy navigation across the text. Unfortunately, such adapted for disability utility versions of written text are in short supply or are not always optimally operational.

Read More

IP dispute resolution by media – the new norm, or something quintessentially British? Intellectual Property - Law

You may have heard or read about the Colin the Caterpillar trade mark infringement and passing off dispute. This is the one where the British chain Marks & Spencer (M&S) is seeking to enforce its rights in a very popular cake that it sells, a caterpillar-style cake called Colin the Caterpillar. It sued the discount retailer Aldi, which is offering a look-a-like called Cuthbert the Caterpillar (see pictures). Aldi has responded in a way that is… well, very Aldi.

Read More

GIs and Geopolitics Intellectual Property

Geographical Indications (GIs), Protected Designations of Origin (PDOs)… the terms don't exactly get the pulse racing! But they're becoming increasingly significant, as two recent news stories show.

Read More

The clock is ticking for compliance with POPIA POPIA

The Protection of Personal Information Act, 2013 (POPIA) is arguably one of the most important pieces of legislation in the digital age, and has become even more important during the COVID-19 pandemic, where virtual and remote working have become the "new normal" for most businesses, not only in South Africa but around the world. The EU's General Data Protection Regulation (the GDPR) is also relevant in the context of global data privacy and protection during the COVID-19 pandemic.

Read More

Property’s place in our democracy Property Law

The Constitutional Court's decision in the 2017 Daniels v Scribante and Another (CCT50/16) [2017] ZACC 13; 2017 (4) SA 341 (CC); 2017 (8) BCLR 949 (CC) (11 May 2017) case is noteworthy for the way in which the court placed property on the fringes in settling a dispute between a landowner and an occupier. The ConCourt indicated that property owners may have to sacrifice more in protecting the rights of non-owners in some instances, particularly where protecting the property owner's rights has the potential to infringe the human dignity of another. Therefore, the Daniels judgment is important for our evolving understanding of the place of property in our democracy.

Read More

The fine line between indigence and poverty Road Accident Fund

The subject of indigence is very sensitive, especially when it involves the untimely death of a loved one in a motor vehicle accident, and where there is no other means of support for those left behind. Although each case is treated differently on its merits, the debate on indigency still remains under scrutiny in the legal fraternity.

Read More

Overcoming complexity and realising opportunity in luxury French property Tax Law

Against the backdrop of the COVID-19 pandemic, luxury French property remains an attractive investment choice for many high net-worth individuals (HNWIs).

Read More

The politics of Otherness, acknowledging duality and coming together Constitutional Court Art Collection / Cover

Artist Anne Sassoon was born in Llandudno, North Wales, but lived in Johannesburg from the age of five.

Read More