What is EPR? Sorting Through the Waste Regulations
Although it is clear that at this early stage, many market participants do not take EPR, the EPR Regulations, nor their enforcement seriously, and although ignoring the implications thereof may seem a tenable and attractive option, the Department has indicated that such an attitude will not go unpunished and will result in severe consequences further down the line.
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.
Mergers and Acquisitions: When is a merger notifiable, what are the consequences of failing to notify the Competition Authorities and what must I do?
In order to trigger a notifiable transaction, the transaction must be considered a merger in terms of the Competition Act 89 of 1998 (“the Act”). The second requirement is whether the transaction meets the financial thresholds.
Freedom of Expression and Hate Speech: The Legalities for Social Media Users
While freedom of expression is a cherished right introduced to South Africans against the historical backdrop of thought control and censorship, it comes with responsibilities. Social media users must exercise caution and respect the legal boundaries when expressing their views online.
Deadline for filing of securities registers looms!
This quick newsflash is just to inform our corporate clients that all companies registered with the Companies and Intellectual Property Commission (CIPC) (each, a "Company") must file their securities registers (including details of beneficial owners) with the CIPC ("Disclosure Requirement") by no later than 24 May 2024.
Congratulations to Megan Campher who has been promoted to Associate from Junior Associate.
Megan has excelled as a Junior Associate and her promotion is well deserved. Her journey at DML began during her articles and continued through the two years of being a Junior Associate, where she gained useful experience in our Corporate and Commercial Dispute Resolution and Litigation Department. Her experience spans across corporate and commercial litigation more...
Defamation on Social Media – A Refresher
In a recent Free State High Court case, Itumele Bus Lines (Pty) Ltd t/a Interstate Bus Lines v Transport and Allied Workers Union of South Africa and Others [2008] ZALC 207, a self-proclaimed “public transport activist” has been ordered to remove certain defamatory publications from his social media. The Respondent, Mr Msabe, made various public more...
The challenges and limitations of using a Power of Attorney when someone becomes incapacitated
We are often approached to prepare a power of attorney for someone whose family member faces illness, mental or physical incapacity, or an inability to manage their own affairs.
PAIA Manual – Do you have one, is it up to date and ready for inspection?
If you do have an existing PAIA Manual, ensure you merge the mandatory forms to your Manual. The forms can be downloaded on the Information Regulator’s website. Very important to remember - it is a criminal offence not to have a PAIA Manual if you are required to do so, and your entity may face fines for non-compliance. Should you not have a PAIA Manual, or if your PAIA Manual has not been updated in terms of the provisions of POPIA or with the mandatory PAIA forms, contact us to assist you.
Breaking down the new beneficial ownership reporting requirements for trusts
The Amendment Act has introduced new trustee obligations into the existing South African trust law. The changes pertain to the recording and reporting of beneficial ownership of trusts. The aim of this recording is to improve transparency regarding the ownership of trust assets to assist in the combatting of a money laundering and terrorist financing.
Acting without authority: What you need to know before acting as a trustee.
It is vital that a trustee is authorised by the Master before they exercise or undertake any trustee powers or duties. If this is not adhered to, these unauthorised acts are void and of no legal effect. This can place the trust, its beneficiaries and even the trustees themselves, depending on the circumstances, in a precarious position which could have financial or other adverse consequences.