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Legal

Weekly top stories
R10m fine for failure to notify Competition Commission of healthcare merger
Life Healthcare Group and Joint Medical Holdings have agreed to pay an administrative penalty of R10 million - the highest fine ever imposed to date for a failure to notify a merger... read


Competition Law
Hospitality takeover wins approval with terms

Alistair Anderson

The takeover of hotel-focused property fund Hospitality by Southern Sun Hotels has been approved by SA's competition authorities, with conditions... read
Coca-Cola bottlers' merger finally approved

Hilary Joffe

The much delayed merger to create Africa's largest Coca-Cola bottler was finally given the nod on Tuesday by the Competition Tribunal... read
Competition Commission's further extension application puzzles analysts

Colleen Goko

Analysts are at a loss as to why the Competition Commission has asked for a further extension before it makes a recommendation on Anheuser-Busch InBev's (AB InBev) takeover of SABMiller... read
Appeal to allow alleged victims of bread cartel to sue Premier is withdrawn

Roxanne Henderson

A group of civil society organisations along with the Competition Commission have withdrawn their Constitutional Court appeal, which they had hoped would enable victims in the Western Cape bread price-fixing cartel to sue Premier Foods... read
Criminal Law
[Case files] A curious case of arson

Sharon Snell

There is nothing more frustrating for an insurer than having a suspicion of insurance fraud, but not having sufficient evidence to prove it... read
Environmental Law
Stink over sewerage line for Kyalami mall

Alistair Anderson

An environmental group has applied for the legal review of a sewerage line being built on Kyalami agricultural holdings to service a shopping centre development in the area... read
Labour Law
Defining 'reasonable accommodation' for people with disabilities

Hugo Pienaar and Roxanne Bain

The Employment Equity Act and the revised BBBEE codes require businesses to employ more people with disabilities and not to claim that they are unable to accommodate people with disabilities. However, this should not cause an organisation 'unjustifiable hardship'. read
Class action could suck the breath out of the mining industry

Nicci Botha

Although any sort of outcome is still years off, the high court ruling on the silicosis class action will no doubt have mining houses panicked... read
Workplace equity policies must comply with employment equity legislation

Hugo Pienaar and Roxanne Bain

Employers should ensure that they act in accordance with workplace equity policies and plans that comply with employment equity legislation... read
Land & Property Law
Reaction to approval of Expropriation Bill
The Select Committee on Economic- and Business Development approved the Expropriation Bill with only two change made and these were semantic in nature... read
Law Practice
Professional negligence: when your lawyer lets you down

Issued by Simpsons Attorneys

Possibly one of the worst betrayals is when a professional individual paid to look after your interests, neglects their duty in a way that leaves you physically, financially, emotionally or legally compromised... read
Media & Entertainment Law
Employee privacy vs employer protection

Samiksha Singh and Zola Mcaciso

There have been several cases on the fairness of disciplinary action taken against employees for engaging in misconduct on social media platforms, with the popular defence being raised of the right to privacy, provided by the Constitution of the Republic of South Africa... read
ASA loses weight debate
If you don't believe the claims Herbex makes about weight loss, don't bother complaining to the Advertising Standards Authority... read
Reviewing Moneyweb copyright judgement

Vicky Stilwell

Judgment in the recent case of Moneyweb v Media24 Ltd was eagerly anticipated by both players in the media industry and those with an interest in IP, as there are relatively few instances in which South African courts have been called upon to interpret the provisions of the Copyright Act... read
My dad helped Madiba, says judge involved in Facebook race row

Monica Langaparsad

The Pretoria High Court judge at the centre of a race row is the granddaughter of a former apartheid minister of native affairs and the daughter of a judge who once ruled in favour of Nelson Mandela... read
Tax Law
Dispute between SARS, Julius Malema continues

Mareli Treurnicht

The High Court (Gauteng Division, Pretoria) recently handed down judgment in the case of Malema v Commissioner for SARS, on whether SARS was bound to a compromise agreement entered into between Malema (Applicant) and SARS because of alleged non-disclosures and misstatements made by the Applicant... read
Addressing queries on Citadel and the Panama Papers

Hilary Dudley, MD, Citadel Fiduciary

In light of recent disclosures in the Panama Papers, the Citadel Group would like to outline the extent of its dealings with Mossack Fonseca... read
Understanding anti-avoidance rules in asset-for-share transactions

Ryan Killoran

To prevent tax considerations from discouraging the incorporation of a business, a specific form of 'rollover relief' is available when an asset is exchanged under an 'asset-for-share transaction'... read
International
'Sextortion,' a new cyber crime, is common: study
WASHINGTON, USA: Sextortion - using nude photos of someone to press for even racier content or other goods - is surprisingly common, a US think tank says in what it calls the first in-depth study of another danger lurking in cyberspace. read
More International
Business
Neuromarketing: From design studio to C-suite

Leigh Andrews

The 'silo mentality' is slowly but surely falling away in ad agencies - now that collaborative business mindset is spreading across all industries. Here's why your marketing strategy needs to follow suit and become a top-line conversation... read
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