New section 34A of PRECCA has significantly increased the risk to companies of being entangled in corrupt activities
The new section 34A in the Prevention and Combatting of Corrupt Activities Act 12 of 2004 ("PRECCA") has significantly increased the risk to companies of being entangled in corrupt activities.
We are proud to announce that Megan Scott has been promoted to an Associate at Dingley Marshall Lewin.
Megan was admitted as an attorney in December 2018 and joined our firm in 2019. She has worked in our litigation department for over 2 years and has gained experience working and advising on various matters including disputes involving commercial and non-commercial agreements, property and labour disputes, e-commerce and consumer rights, company and insolvency law. more...
Law and Jurisdiction – considerations for South African Companies contracting with an international company
As the world grows smaller and international contracting opportunities rise, South African companies are increasingly doing business with overseas companies. When contracting with an organisation based outside South Africa it is important to address the issues below. Which law applies? The law applicable to the contract will be the law chosen and nominated by the more...
Act now – POPI is almost law!
The Protection of Personal Information Bill (“POPI”) will place substantial obligations on employers (both individuals and juristic entities) is expected to be enacted soon. It was submitted to the President for signature on 20 August 2013. POPI will allow for and provide conditions on the lawful processing of personal information. It will give effect to more...
Genetically modified (“GM”) food labelling – a proposed amendment to the Consumer Protection Act regulations
It has long been argued by large food producing companies that the labelling laws in this country are uncertain. This argument has often resulted in many of these companies refusing to label food with the relevant GM ingredients. However, consumer groups say that the correct interpretation of the Consumer Protection Act is that all food more...
Are Disclaimers and Exclusionary Clauses still valid for Property Owners?
A recent decision by the High Court in Naidoo v Birchwood Hotel (2010/47765) [2012] ZAGPJHC 59 (3 April 2012) has rendered disclaimers and exclusion clauses less reliable protection than they previously gave to property owners. It is important that they remain in place, visible and clear but it is vital to limit risk by regularly more...
Mediation – Does it avoid the often Pyrrhic Victory of Litigation?
Mediation is the intervention into a dispute by an acceptable, impartial and neutral third party who assists the parties in voluntarily reaching a mutually acceptable settlement of the issues in dispute. The settlement can become binding if signed by the parties. It can be undertaken prior to litigation commencing or during the litigation process and more...
The Dawn of the Electronic Age for South African Litigation
The High Court Rules of South Africa have been amended so that from the end of July 2012, parties will be able to serve documents or notices on each other via facsimile or electronic mail. Before this this change, documents had to be served on the other party's physical address or the physical address of more...
Expropriation and Compensation
Late in 2011 the Constitutional Court made a decision allowing the expropriation of property prior to compensation being determined. As a result it is therefore now possible for a homeowner to lose their property before knowing what they will receive in compensation. With regard to expropriation, the decision placed public interest above private ownership. The more...
Franchises and the Consumer Protection Act, No 68 of 2008 (the “CPA”)
With the popularity of franchises on the increase, it is no surprise that a legal regulation framework has been developed. The CPA’s effects on the franchise industry in South Africa are far reaching as it provides that the established threshold, which determines whether or not a transaction will fall within the scope and ambit of more...
The new Companies Act 2008 and foreign or external companies
In South Africa, a foreign company is a company incorporated outside the country, regardless of whether it is a profit or non-profit company or carrying on business in South Africa or not. In terms of the 1973 Companies Act, a foreign company was required to register itself as an external company when it “establishes a more...