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GUIDE - ENVIRONMENTAL LAW IN SOUTH AFRICA Introduction This is the first edition of our Guide to Environmental Law in South Africa. It is intended to provide a selective overview of certain aspects of environmental law in SOUTH AFRICA: NEW DRAFT NATIONAL DATA AND CLOUD POLICY On 1 April 2021, the Minister of Communications and Digital Technologies (Minister) published a Draft National Data and Cloud Policy (Draft Policy) together with an invitation for interested parties to submit written submissions to the Department of Communications and Digital Technologies within 30 business days of publication of the Draft Policy, by 18 May 2021. GUIDE 1 – B-BBEE IN SOUTH AFRICA: AN OVERVIEW Part 1: An Overview of B-BBEE in South Africa How is B-BBEE regulated in South Africa? A high-level overview of the Codes of Good Practice • The BEE Act is the principal legislation for the promotion and measurement of B-BBEE in South Africa. KENYA: COULSON HARNEY LLP Kenya: Coulson Harney LLP. Our Nairobi office, Coulson Harney LLP, Advocates, is one of the largest and best-known corporate law firms in Kenya. We advise a wide spectrum of clients in the private sector, institutional and multi-national organizations, foreign investors and governmental institutions. Our advocates practice Kenyan law but weCASPER VAN HEERDEN
Casper van Heerden is a partner in our Johannesburg office Banking and Finance Department. He specialises in debt capital markets including corporate bond issues, domestic medium-term note programmes (DMTN), commercial paper programmes, inward listings, global medium-term note programmes, high-yield bond issues and securitisations. CARGO DAMAGE FROM FIRE Cargo Damage from Fire . By Gavin Brown . Bowman Gilfillan Attorneys . The fire which broke out onboard the MV Charlotte Maersk near Port Klang in Malaysia in PENALTIES FOR ANTI-COMPETITIVE CONDUCT: SHARPENING THE An administrative penalty is a punitive measure that the South African Competition Tribunal (the “Tribunal”) may impose on a respondent firm in terms of the Act for participating in an anti- CORPORATE & COMMERCIAL LAW FIRM Charles Douglas. Charles Douglas is the co-head of our Mergers & Acquisitions Practice Group and a member of the firm’s partnership board, with over 20 years specialising in both public and private M&A as well as equity capital markets work. Charles has represented many multi-national and South African domestic companies, including in the ZAMBIA: THE CYBER SECURITY AND CYBER CRIMES ACT, 2021- KEY Zambia recently enacted a controversial digital security law aimed at tackling digital crime, the Cyber Security and Cyber Crimes Act 2021 (Act). The Act came into force on 1 April 2021 and has extra-territorial reach where the conduct has an effect in Zambia. COVID-19: TAX TREATMENT OF TERS BENEFITS, SOUTH AFRICA COVID-19: TAX TREATMENT OF TERS BENEFITS, SOUTH AFRICA. By Deirdre Phillips, Aneria Bouwer, Talita Laubscher Monday, April 20, 2020. There has been some uncertainty regarding whether TERS benefits will qualify for an exemption from income tax. During recent discussions with the South African Revenue Service ( SARS ), it has been confirmedthat
GUIDE - ENVIRONMENTAL LAW IN SOUTH AFRICA Introduction This is the first edition of our Guide to Environmental Law in South Africa. It is intended to provide a selective overview of certain aspects of environmental law in SOUTH AFRICA: NEW DRAFT NATIONAL DATA AND CLOUD POLICY On 1 April 2021, the Minister of Communications and Digital Technologies (Minister) published a Draft National Data and Cloud Policy (Draft Policy) together with an invitation for interested parties to submit written submissions to the Department of Communications and Digital Technologies within 30 business days of publication of the Draft Policy, by 18 May 2021. GUIDE 1 – B-BBEE IN SOUTH AFRICA: AN OVERVIEW Part 1: An Overview of B-BBEE in South Africa How is B-BBEE regulated in South Africa? A high-level overview of the Codes of Good Practice • The BEE Act is the principal legislation for the promotion and measurement of B-BBEE in South Africa. KENYA: COULSON HARNEY LLP Kenya: Coulson Harney LLP. Our Nairobi office, Coulson Harney LLP, Advocates, is one of the largest and best-known corporate law firms in Kenya. We advise a wide spectrum of clients in the private sector, institutional and multi-national organizations, foreign investors and governmental institutions. Our advocates practice Kenyan law but weCASPER VAN HEERDEN
Casper van Heerden is a partner in our Johannesburg office Banking and Finance Department. He specialises in debt capital markets including corporate bond issues, domestic medium-term note programmes (DMTN), commercial paper programmes, inward listings, global medium-term note programmes, high-yield bond issues and securitisations. CARGO DAMAGE FROM FIRE Cargo Damage from Fire . By Gavin Brown . Bowman Gilfillan Attorneys . The fire which broke out onboard the MV Charlotte Maersk near Port Klang in Malaysia in PENALTIES FOR ANTI-COMPETITIVE CONDUCT: SHARPENING THE An administrative penalty is a punitive measure that the South African Competition Tribunal (the “Tribunal”) may impose on a respondent firm in terms of the Act for participating in an anti- INTRODUCING THE BOWMANS SHIPPING PODCAST We are very excited to introduce The Bowmans Shipping Podcast. In this regular series, Jeremy Prain, a partner in our Shipping, Aviation and Logistics Practice, interviews a range of interesting people with diverse backgrounds, all of whom are connected by their love of the sea and their life-long involvement in the shipping industry. HOW THE LAW NEEDS TO CHANGE TO LIFT SELF-GENERATED POWER Changing the law to allow private businesses to self-generate up to 100MW of electricity with minimal regulatory red tape should be a relatively straightforward process. Less clear at this point is whether restrictions on the sale of excess electricity to Eskom or municipalities will also be relaxed, says Claire Tucker, head of Public Law and Regulatory at leading African law firm Bowmans. KEY CHANGES INTRODUCED BY THE EMPLOYMENT (AMENDMENT) ACT Financially distressed companies can now take advantage of a new 30-day pre-insolvency moratorium while trying to achieve a turnaround. The Business Laws (Amendment) (No.2) Act, 2021 (the Business Amendment Act) has introduced changes to various legislation, notably the Insolvency Act, which are aimed at increasing the ease of doingbusiness in Kenya.
AFRICA INSIGHTS (10TH EDITION): SOVEREIGN DEBT: WHAT IS This 10th edition of Africa Insights investigates sovereign debt which is a topic of enormous interest to business because of its impact on markets and economies – for better or for worse, depending on thecircumstances.
CHARLES SMITH
T: +27 11 669 9353. E: charles.smith@bowmanslaw.com. Download VCard. Overview. Experience. Publications & Insights. Overview. Charles is a partner in the Johannesburg office and a member of the Firm’s Mergers and Acquisitions Practice. He has significant experience in implementing high-end and complex corporate transactions for clients. COMPETITION LAW CONSENT AGREEMENTS: THE PROS AND CONS OF A Consent agreements, a prominent competition law focus, are contracts in terms of which parties can avoid litigation and instead pay a penalty for anti-competitive behaviour. These agreements can be described as a ‘compromise’ or a ‘reward for cooperation’ with the Competition Commission and are full and final settlements of competition law disputes.DAVID GERAL
David Geral is a partner, and leads Bowmans’ Banking and Financial Services Regulatory Practice. He is also a co-convenor of Bowmans’ multi-practice Fintech Service Line and Sustainable & Impact Investing Service Line. David specialises in pensions, healthcare and group insurances. He advises local corporations, private and industry GUIDE - CLASS ACTION LITIGATION IN SOUTH AFRICA Introduction Class action litigation is relatively new to the South African legal landscape and Bowmans is acting in three of the four major class action claims in the country to date. Our team consistsEZRA DAVIDS
Ezra Davids. Ezra Davids is deputy chairman of Bowmans. He is a member of the Corporate/M&A Practice, specialising in mergers and acquisitions, capital markets, and securities law. Ezra is the most recent chairman of the University of Cape Town’s Faculty Advisory Board of the Law School and has been appointed to the University ofCape Town
CASPER VAN HEERDEN
Casper van Heerden is a partner in our Johannesburg office Banking and Finance Department. He specialises in debt capital markets including corporate bond issues, domestic medium-term note programmes (DMTN), commercial paper programmes, inward listings, global medium-term note programmes, high-yield bond issues and securitisations. CORPORATE & COMMERCIAL LAW FIRM Bowmans expertise in East and South Africa has, once again, been lauded in The Legal 500’s Europe, Middle East and Africa Report for 2021. The report, which was released yesterday (14 April 2021), provides a third-party endorsement of the firm’s market-leading position across Africa. Chairman and senior partner, Robert Legh,says: ‘We are
CHARLES SMITH
T: +27 11 669 9353. E: charles.smith@bowmanslaw.com. Download VCard. Overview. Experience. Publications & Insights. Overview. Charles is a partner in the Johannesburg office and a member of the Firm’s Mergers and Acquisitions Practice. He has significant experience in implementing high-end and complex corporate transactions for clients. ZAMBIA: THE CYBER SECURITY AND CYBER CRIMES ACT, 2021- KEY Zambia recently enacted a controversial digital security law aimed at tackling digital crime, the Cyber Security and Cyber Crimes Act 2021 (Act). The Act came into force on 1 April 2021 and has extra-territorial reach where the conduct has an effect in Zambia. ENFORCING RESTRAINTS OF TRADE DURING THE COVID-19 PANDEMIC The reasonableness of a restraint of trade covenant was recently considered by the High Court in the context of COVID-19. In considering the enforcement of the restraint, the Gauteng Division of the High Court held that it could not overlook the pandemic and the devastating impact it has had globally, including in South Africa. COVID-19: TAX TREATMENT OF TERS BENEFITS, SOUTH AFRICA COVID-19: TAX TREATMENT OF TERS BENEFITS, SOUTH AFRICA. By Deirdre Phillips, Aneria Bouwer, Talita Laubscher Monday, April 20, 2020. There has been some uncertainty regarding whether TERS benefits will qualify for an exemption from income tax. During recent discussions with the South African Revenue Service ( SARS ), it has been confirmedthat
GUIDE - ENVIRONMENTAL LAW IN SOUTH AFRICA Introduction This is the first edition of our Guide to Environmental Law in South Africa. It is intended to provide a selective overview of certain aspects of environmental law in SOUTH AFRICA: B-BBEE On 18 May 2021, the Minister of Trade, Industry and Competition (Minister) published a Practice Note in terms of the Broad-Based Black Economic Empowerment Act 53 of 2003 (B-BBEE Act) on the Rules for Discretionary Collective Enterprises (Practice Note).The Practice Note provides much needed clarity on the Minister’s interpretation of the requirements under the B-BBEE Act and the Codes SOUTH AFRICA: EXCHANGE CONTROL AND EMIGRATION The long-awaited changes to the exchange control emigration rules have finally been announced in Exchange Control Circular No. 6/2021 (Circular 6). With effect from 1 March 2021, South African exchange control residents no longer need to formally applySOUTH AFRICA
We are widely regarded as one of the leading corporate law firms in the country. We have more than 300 specialist lawyers and a total staff complement of over 550. PENALTIES FOR ANTI-COMPETITIVE CONDUCT: SHARPENING THE An administrative penalty is a punitive measure that the South African Competition Tribunal (the “Tribunal”) may impose on a respondent firm in terms of the Act for participating in an anti- CORPORATE & COMMERCIAL LAW FIRM Bowmans expertise in East and South Africa has, once again, been lauded in The Legal 500’s Europe, Middle East and Africa Report for 2021. The report, which was released yesterday (14 April 2021), provides a third-party endorsement of the firm’s market-leading position across Africa. Chairman and senior partner, Robert Legh,says: ‘We are
CHARLES SMITH
T: +27 11 669 9353. E: charles.smith@bowmanslaw.com. Download VCard. Overview. Experience. Publications & Insights. Overview. Charles is a partner in the Johannesburg office and a member of the Firm’s Mergers and Acquisitions Practice. He has significant experience in implementing high-end and complex corporate transactions for clients. ZAMBIA: THE CYBER SECURITY AND CYBER CRIMES ACT, 2021- KEY Zambia recently enacted a controversial digital security law aimed at tackling digital crime, the Cyber Security and Cyber Crimes Act 2021 (Act). The Act came into force on 1 April 2021 and has extra-territorial reach where the conduct has an effect in Zambia. ENFORCING RESTRAINTS OF TRADE DURING THE COVID-19 PANDEMIC The reasonableness of a restraint of trade covenant was recently considered by the High Court in the context of COVID-19. In considering the enforcement of the restraint, the Gauteng Division of the High Court held that it could not overlook the pandemic and the devastating impact it has had globally, including in South Africa. COVID-19: TAX TREATMENT OF TERS BENEFITS, SOUTH AFRICA COVID-19: TAX TREATMENT OF TERS BENEFITS, SOUTH AFRICA. By Deirdre Phillips, Aneria Bouwer, Talita Laubscher Monday, April 20, 2020. There has been some uncertainty regarding whether TERS benefits will qualify for an exemption from income tax. During recent discussions with the South African Revenue Service ( SARS ), it has been confirmedthat
GUIDE - ENVIRONMENTAL LAW IN SOUTH AFRICA Introduction This is the first edition of our Guide to Environmental Law in South Africa. It is intended to provide a selective overview of certain aspects of environmental law in SOUTH AFRICA: B-BBEE On 18 May 2021, the Minister of Trade, Industry and Competition (Minister) published a Practice Note in terms of the Broad-Based Black Economic Empowerment Act 53 of 2003 (B-BBEE Act) on the Rules for Discretionary Collective Enterprises (Practice Note).The Practice Note provides much needed clarity on the Minister’s interpretation of the requirements under the B-BBEE Act and the Codes SOUTH AFRICA: EXCHANGE CONTROL AND EMIGRATION The long-awaited changes to the exchange control emigration rules have finally been announced in Exchange Control Circular No. 6/2021 (Circular 6). With effect from 1 March 2021, South African exchange control residents no longer need to formally applySOUTH AFRICA
We are widely regarded as one of the leading corporate law firms in the country. We have more than 300 specialist lawyers and a total staff complement of over 550. PENALTIES FOR ANTI-COMPETITIVE CONDUCT: SHARPENING THE An administrative penalty is a punitive measure that the South African Competition Tribunal (the “Tribunal”) may impose on a respondent firm in terms of the Act for participating in an anti- OUR PEOPLE - BOWMANS Practitioner Listing. Practitioners are listed alphabetically by first name. All. A - D. E - H. I - L. M - P. Q - T. INTRODUCING THE BOWMANS SHIPPING PODCAST We are very excited to introduce The Bowmans Shipping Podcast. In this regular series, Jeremy Prain, a partner in our Shipping, Aviation and Logistics Practice, interviews a range of interesting people with diverse backgrounds, all of whom are connected by their love of the sea and their life-long involvement in the shipping industry. POPIA: WHAT YOU NEED TO KNOW ABOUT THE APPOINTMENT AND Organisations have less than three months to ensure compliance with the provisions of the Protection of Personal Information Act (POPIA) by 30 June 2021.With the deadline for compliance looming, the Information Regulator has published the Guidance Note on Information Officers and Deputy Information Officers (Guidance Note).Many organisations have been eagerly awaiting the publication of the FOREIGN COMPANIES AND BEE FOREIGN COMPANIES AND BEE. 1. BEE Compliance in General. The general principle is that foreign companies doing business in South Africa either through a registered branch office or through a subsidiary would be subject to BEE legislative and regulatory requirements. The BEE Act does not contain any specific exemptions for foreign companies AFRICA INSIGHTS (10TH EDITION): SOVEREIGN DEBT: WHAT IS This 10th edition of Africa Insights investigates sovereign debt which is a topic of enormous interest to business because of its impact on markets and economies – for better or for worse, depending on thecircumstances.
SOUTH AFRICA: EXCHANGE CONTROL AND EMIGRATION The long-awaited changes to the exchange control emigration rules have finally been announced in Exchange Control Circular No. 6/2021 (Circular 6). With effect from 1 March 2021, South African exchange control residents no longer need to formally apply GUIDE 1 – B-BBEE IN SOUTH AFRICA: AN OVERVIEW Part 1: An Overview of B-BBEE in South Africa How is B-BBEE regulated in South Africa? A high-level overview of the Codes of Good Practice • The BEE Act is the principal legislation for the promotion and measurement of B-BBEE in South Africa. COMPETITION LAW CONSENT AGREEMENTS: THE PROS AND CONS OF A Consent agreements, a prominent competition law focus, are contracts in terms of which parties can avoid litigation and instead pay a penalty for anti-competitive behaviour. These agreements can be described as a ‘compromise’ or a ‘reward for cooperation’ with the Competition Commission and are full and final settlements of competition law disputes. COVID-19: SOUTH AFRICAN COMPETITION COMMISSION REFERS The South African Competition Commission has warned that dominant firms found to be engaged in excessive pricing will be prosecuted and the Competition Tribunal has confirmed the procedure in terms of which it will deal with these cases. The Commission has now referred its first COVID-19 excessive pricing case to the Tribunal. UPDATE ON FATF GREY LIST IN MAURITIUS The Mauritian government has made a high-level political commitment to address issues after being added to the EU list of high-risk third countries on 7 May 2020 due to its inclusion on the Financial Action Task Force’s (FATF) list of ‘Jurisdictions under IncreasedMonitoring’.
CORPORATE & COMMERCIAL LAW FIRM Bowmans expertise in East and South Africa has, once again, been lauded in The Legal 500’s Europe, Middle East and Africa Report for 2021. The report, which was released yesterday (14 April 2021), provides a third-party endorsement of the firm’s market-leading position across Africa. Chairman and senior partner, Robert Legh,says: ‘We are
ZAMBIA: THE CYBER SECURITY AND CYBER CRIMES ACT, 2021- KEY Zambia recently enacted a controversial digital security law aimed at tackling digital crime, the Cyber Security and Cyber Crimes Act 2021 (Act). The Act came into force on 1 April 2021 and has extra-territorial reach where the conduct has an effect in Zambia. GUIDE - ENVIRONMENTAL LAW IN SOUTH AFRICA Introduction This is the first edition of our Guide to Environmental Law in South Africa. It is intended to provide a selective overview of certain aspects of environmental law in COVID-19: TAX TREATMENT OF TERS BENEFITS, SOUTH AFRICA COVID-19: TAX TREATMENT OF TERS BENEFITS, SOUTH AFRICA. By Deirdre Phillips, Aneria Bouwer, Talita Laubscher Monday, April 20, 2020. There has been some uncertainty regarding whether TERS benefits will qualify for an exemption from income tax. During recent discussions with the South African Revenue Service ( SARS ), it has been confirmedthat
EZRA DAVIDS
Ezra Davids. Ezra Davids is deputy chairman of Bowmans. He is a member of the Corporate/M&A Practice, specialising in mergers and acquisitions, capital markets, and securities law. Ezra is the most recent chairman of the University of Cape Town’s Faculty Advisory Board of the Law School and has been appointed to the University ofCape Town
WATHINGIRA M. GITURO Wathingira Gituro is a partner in our Nairobi office and a member of the Corporate department. Wathingira specialises in mergers and acquisitions, capital markets and securities law, competition (anti-trust) law, finance, private equity and regulatory law. KENYA: COULSON HARNEY LLP Kenya: Coulson Harney LLP. Our Nairobi office, Coulson Harney LLP, Advocates, is one of the largest and best-known corporate law firms in Kenya. We advise a wide spectrum of clients in the private sector, institutional and multi-national organizations, foreign investors and governmental institutions. Our advocates practice Kenyan law but weWANDISILE MANDLANA
Wandisile Mandlana is a partner in our Johannesburg office Corporate Department. He specialises in environmental law, mining law, energy and climate change law and other areas of public law including public procurement law, administrative law and constitutional law.SOUTH AFRICA
We are widely regarded as one of the leading corporate law firms in the country. We have more than 300 specialist lawyers and a total staff complement of over 550. PENALTIES FOR ANTI-COMPETITIVE CONDUCT: SHARPENING THE An administrative penalty is a punitive measure that the South African Competition Tribunal (the “Tribunal”) may impose on a respondent firm in terms of the Act for participating in an anti- CORPORATE & COMMERCIAL LAW FIRM Bowmans expertise in East and South Africa has, once again, been lauded in The Legal 500’s Europe, Middle East and Africa Report for 2021. The report, which was released yesterday (14 April 2021), provides a third-party endorsement of the firm’s market-leading position across Africa. Chairman and senior partner, Robert Legh,says: ‘We are
POPIA: WHAT YOU NEED TO KNOW ABOUT THE APPOINTMENT AND Organisations have less than three months to ensure compliance with the provisions of the Protection of Personal Information Act (POPIA) by 30 June 2021.With the deadline for compliance looming, the Information Regulator has published the Guidance Note on Information Officers and Deputy Information Officers (Guidance Note).Many organisations have been eagerly awaiting the publication of the GUIDE - ENVIRONMENTAL LAW IN SOUTH AFRICA Introduction This is the first edition of our Guide to Environmental Law in South Africa. It is intended to provide a selective overview of certain aspects of environmental law in ZAMBIA: THE CYBER SECURITY AND CYBER CRIMES ACT, 2021- KEY Zambia recently enacted a controversial digital security law aimed at tackling digital crime, the Cyber Security and Cyber Crimes Act 2021 (Act). The Act came into force on 1 April 2021 and has extra-territorial reach where the conduct has an effect in Zambia. COVID-19: TAX TREATMENT OF TERS BENEFITS, SOUTH AFRICA COVID-19: TAX TREATMENT OF TERS BENEFITS, SOUTH AFRICA. By Deirdre Phillips, Aneria Bouwer, Talita Laubscher Monday, April 20, 2020. There has been some uncertainty regarding whether TERS benefits will qualify for an exemption from income tax. During recent discussions with the South African Revenue Service ( SARS ), it has been confirmedthat
EZRA DAVIDS
Ezra Davids. Ezra Davids is deputy chairman of Bowmans. He is a member of the Corporate/M&A Practice, specialising in mergers and acquisitions, capital markets, and securities law. Ezra is the most recent chairman of the University of Cape Town’s Faculty Advisory Board of the Law School and has been appointed to the University ofCape Town
KENYA: COULSON HARNEY LLP Kenya: Coulson Harney LLP. Our Nairobi office, Coulson Harney LLP, Advocates, is one of the largest and best-known corporate law firms in Kenya. We advise a wide spectrum of clients in the private sector, institutional and multi-national organizations, foreign investors and governmental institutions. Our advocates practice Kenyan law but we WATHINGIRA M. GITURO Wathingira Gituro is a partner in our Nairobi office and a member of the Corporate department. Wathingira specialises in mergers and acquisitions, capital markets and securities law, competition (anti-trust) law, finance, private equity and regulatory law.WANDISILE MANDLANA
Wandisile Mandlana is a partner in our Johannesburg office Corporate Department. He specialises in environmental law, mining law, energy and climate change law and other areas of public law including public procurement law, administrative law and constitutional law. PENALTIES FOR ANTI-COMPETITIVE CONDUCT: SHARPENING THE An administrative penalty is a punitive measure that the South African Competition Tribunal (the “Tribunal”) may impose on a respondent firm in terms of the Act for participating in an anti- OUR PEOPLE - BOWMANS Practitioner Listing. Practitioners are listed alphabetically by first name. All. A - D. E - H. I - L. M - P. Q - T. GIVING THE GREEN LIGHT TO GREEN AND SUSTAINABLE FINANCE Environmental, social and governance (ESG) initiatives are key market drivers for governments and corporate leaders, given the overwhelming need to advance sustainable investing. One of the key parameters of the Paris Agreement is to reduce greenhouse gas emissions by 40% by 2030 to levels in the 1990s. This is only nine years away. Inaddition,
PARAS SHAH - BOWMANS Paras Shah is the Managing Partner of our Kenya office. Paras is one of the leading corporate and commercial lawyers in Kenya and specialises in private equity, mergers & acquisitions, corporate and commercial law, banking and finance law, privatisations, capital markets and real estate law. COVID-19: TAX TREATMENT OF TERS BENEFITS, SOUTH AFRICA COVID-19: TAX TREATMENT OF TERS BENEFITS, SOUTH AFRICA. By Deirdre Phillips, Aneria Bouwer, Talita Laubscher Monday, April 20, 2020. There has been some uncertainty regarding whether TERS benefits will qualify for an exemption from income tax. During recent discussions with the South African Revenue Service ( SARS ), it has been confirmedthat
ENFORCING RESTRAINTS OF TRADE DURING THE COVID-19 PANDEMIC The reasonableness of a restraint of trade covenant was recently considered by the High Court in the context of COVID-19. In considering the enforcement of the restraint, the Gauteng Division of the High Court held that it could not overlook the pandemic and the devastating impact it has had globally, including in South Africa. NATIONAL RIGHTS REGISTRY UPDATES: DATA RE-ENTRY ON THE Kenya: Coulson Harney LLP; National rights registry updates: Data re-entry on the KECOBO digital platform SOUTH AFRICA: NEW DRAFT NATIONAL DATA AND CLOUD POLICY On 1 April 2021, the Minister of Communications and Digital Technologies (Minister) published a Draft National Data and Cloud Policy (Draft Policy) together with an invitation for interested parties to submit written submissions to the Department of Communications and Digital Technologies within 30 business days of publication of the Draft Policy, by 18 May 2021.UGANDA - BOWMANS
Uganda. We are known for delivering boutique legal services in Uganda and have extensive experience advising and acting for clients on complex and large-scale transactions. We have good working relationships with law firms in South Sudan and Rwanda and further afield in Hong Kong, the UK and the USA. This global reach –combined with our
THE EMPLOYEE MISCONDUCT AND INVESTIGATION PROCESS THE EMPLOYEE MISCONDUCT AND INVESTIGATION PROCESS. By Randall van Voore Monday, October 24, 2016. During an investigation, it is necessary to consider whether an employee has committed misconduct. In terms of South African law, this requires consideration of whether or not the employee contravened a rule or standard regulating conduct andif so
SOUTH AFRICA
We are widely regarded as one of the leading corporate law firms in the country. We have more than 300 specialist lawyers and a total staff complement of over 550. CORPORATE & COMMERCIAL LAW FIRM Bowmans expertise in East and South Africa has, once again, been lauded in The Legal 500’s Europe, Middle East and Africa Report for 2021. The report, which was released yesterday (14 April 2021), provides a third-party endorsement of the firm’s market-leading position across Africa. Chairman and senior partner, Robert Legh,says: ‘We are
POPIA: WHAT YOU NEED TO KNOW ABOUT THE APPOINTMENT AND Organisations have less than three months to ensure compliance with the provisions of the Protection of Personal Information Act (POPIA) by 30 June 2021.With the deadline for compliance looming, the Information Regulator has published the Guidance Note on Information Officers and Deputy Information Officers (Guidance Note).Many organisations have been eagerly awaiting the publication of the ZAMBIA: THE CYBER SECURITY AND CYBER CRIMES ACT, 2021- KEY Zambia recently enacted a controversial digital security law aimed at tackling digital crime, the Cyber Security and Cyber Crimes Act 2021 (Act). The Act came into force on 1 April 2021 and has extra-territorial reach where the conduct has an effect in Zambia. GUIDE - ENVIRONMENTAL LAW IN SOUTH AFRICA Introduction This is the first edition of our Guide to Environmental Law in South Africa. It is intended to provide a selective overview of certain aspects of environmental law in COVID-19: TAX TREATMENT OF TERS BENEFITS, SOUTH AFRICATERS PAYMENT STATUSTERS PAYMENT STATUSTERS UIF PAYOUTUIF TERSUIF TERS JUNE PAYMENTSUIF TERS PAYMENT COVID-19: TAX TREATMENT OF TERS BENEFITS, SOUTH AFRICA. By Deirdre Phillips, Aneria Bouwer, Talita Laubscher Monday, April 20, 2020. There has been some uncertainty regarding whether TERS benefits will qualify for an exemption from income tax. During recent discussions with the South African Revenue Service ( SARS ), it has been confirmedthat
EZRA DAVIDS
Ezra Davids. Ezra Davids is deputy chairman of Bowmans. He is a member of the Corporate/M&A Practice, specialising in mergers and acquisitions, capital markets, and securities law. Ezra is the most recent chairman of the University of Cape Town’s Faculty Advisory Board of the Law School and has been appointed to the University ofCape Town
KENYA: COULSON HARNEY LLP Kenya: Coulson Harney LLP. Our Nairobi office, Coulson Harney LLP, Advocates, is one of the largest and best-known corporate law firms in Kenya. We advise a wide spectrum of clients in the private sector, institutional and multi-national organizations, foreign investors and governmental institutions. Our advocates practice Kenyan law but we WATHINGIRA M. GITURO Wathingira Gituro is a partner in our Nairobi office and a member of the Corporate department. Wathingira specialises in mergers and acquisitions, capital markets and securities law, competition (anti-trust) law, finance, private equity and regulatory law.WANDISILE MANDLANA
Wandisile Mandlana is a partner in our Johannesburg office Corporate Department. He specialises in environmental law, mining law, energy and climate change law and other areas of public law including public procurement law, administrative law and constitutional law. PENALTIES FOR ANTI-COMPETITIVE CONDUCT: SHARPENING THEANTI COMPETITIVE CONDUCTANTI COMPETITIVE BEHAVIORANTI COMPETITIVE CASESANTI COMPETITIVE LAWANTI COMPETITIVE MERGERSANTI COMPETITIVE PRACTICES EXAMPLES An administrative penalty is a punitive measure that the South African Competition Tribunal (the “Tribunal”) may impose on a respondent firm in terms of the Act for participating in an anti- CORPORATE & COMMERCIAL LAW FIRM Bowmans expertise in East and South Africa has, once again, been lauded in The Legal 500’s Europe, Middle East and Africa Report for 2021. The report, which was released yesterday (14 April 2021), provides a third-party endorsement of the firm’s market-leading position across Africa. Chairman and senior partner, Robert Legh,says: ‘We are
POPIA: WHAT YOU NEED TO KNOW ABOUT THE APPOINTMENT AND Organisations have less than three months to ensure compliance with the provisions of the Protection of Personal Information Act (POPIA) by 30 June 2021.With the deadline for compliance looming, the Information Regulator has published the Guidance Note on Information Officers and Deputy Information Officers (Guidance Note).Many organisations have been eagerly awaiting the publication of the ZAMBIA: THE CYBER SECURITY AND CYBER CRIMES ACT, 2021- KEY Zambia recently enacted a controversial digital security law aimed at tackling digital crime, the Cyber Security and Cyber Crimes Act 2021 (Act). The Act came into force on 1 April 2021 and has extra-territorial reach where the conduct has an effect in Zambia. GUIDE - ENVIRONMENTAL LAW IN SOUTH AFRICA Introduction This is the first edition of our Guide to Environmental Law in South Africa. It is intended to provide a selective overview of certain aspects of environmental law in COVID-19: TAX TREATMENT OF TERS BENEFITS, SOUTH AFRICATERS PAYMENT STATUSTERS PAYMENT STATUSTERS UIF PAYOUTUIF TERSUIF TERS JUNE PAYMENTSUIF TERS PAYMENT COVID-19: TAX TREATMENT OF TERS BENEFITS, SOUTH AFRICA. By Deirdre Phillips, Aneria Bouwer, Talita Laubscher Monday, April 20, 2020. There has been some uncertainty regarding whether TERS benefits will qualify for an exemption from income tax. During recent discussions with the South African Revenue Service ( SARS ), it has been confirmedthat
EZRA DAVIDS
Ezra Davids. Ezra Davids is deputy chairman of Bowmans. He is a member of the Corporate/M&A Practice, specialising in mergers and acquisitions, capital markets, and securities law. Ezra is the most recent chairman of the University of Cape Town’s Faculty Advisory Board of the Law School and has been appointed to the University ofCape Town
KENYA: COULSON HARNEY LLP Kenya: Coulson Harney LLP. Our Nairobi office, Coulson Harney LLP, Advocates, is one of the largest and best-known corporate law firms in Kenya. We advise a wide spectrum of clients in the private sector, institutional and multi-national organizations, foreign investors and governmental institutions. Our advocates practice Kenyan law but we WATHINGIRA M. GITURO Wathingira Gituro is a partner in our Nairobi office and a member of the Corporate department. Wathingira specialises in mergers and acquisitions, capital markets and securities law, competition (anti-trust) law, finance, private equity and regulatory law.WANDISILE MANDLANA
Wandisile Mandlana is a partner in our Johannesburg office Corporate Department. He specialises in environmental law, mining law, energy and climate change law and other areas of public law including public procurement law, administrative law and constitutional law. PENALTIES FOR ANTI-COMPETITIVE CONDUCT: SHARPENING THEANTI COMPETITIVE CONDUCTANTI COMPETITIVE BEHAVIORANTI COMPETITIVE CASESANTI COMPETITIVE LAWANTI COMPETITIVE MERGERSANTI COMPETITIVE PRACTICES EXAMPLES An administrative penalty is a punitive measure that the South African Competition Tribunal (the “Tribunal”) may impose on a respondent firm in terms of the Act for participating in an anti- OUR PEOPLE - BOWMANS Practitioner Listing. Practitioners are listed alphabetically by first name. All. A - D. E - H. I - L. M - P. Q - T. GIVING THE GREEN LIGHT TO GREEN AND SUSTAINABLE FINANCE Environmental, social and governance (ESG) initiatives are key market drivers for governments and corporate leaders, given the overwhelming need to advance sustainable investing. One of the key parameters of the Paris Agreement is to reduce greenhouse gas emissions by 40% by 2030 to levels in the 1990s. This is only nine years away. Inaddition,
PORTS, TRANSPORT AND LOGISTICS SECTOR NEWS ROUND-UP, 9 In light of the rapid pace of infrastructure and transport developments across Africa, our Ports, Transport and Logistics (PTL) Sector Group is pleased to present Bowmans’ latest PTL news round-up. Our regular round-ups bring you a selection of pan-African PTL-related stories and keep you up to date regarding developments in the space across Africa. ALWAYS-ON CULTURE IS NO EXCUSE TO BEND ANNUAL LEAVE RULES While many employers and employees are fast adapting to an anywhere, always-on workplace, they remain bound by labour laws relating to reasonable regulation of COVID-19: TAX TREATMENT OF TERS BENEFITS, SOUTH AFRICA COVID-19: TAX TREATMENT OF TERS BENEFITS, SOUTH AFRICA. By Deirdre Phillips, Aneria Bouwer, Talita Laubscher Monday, April 20, 2020. There has been some uncertainty regarding whether TERS benefits will qualify for an exemption from income tax. During recent discussions with the South African Revenue Service ( SARS ), it has been confirmedthat
PARAS SHAH - BOWMANS Paras Shah is the Managing Partner of our Kenya office. Paras is one of the leading corporate and commercial lawyers in Kenya and specialises in private equity, mergers & acquisitions, corporate and commercial law, banking and finance law, privatisations, capital markets and real estate law.ENVIRONMENTAL LAW
Doing business in Africa, as in most international jurisdictions, requires specialised counsel to effectively manage corporate environmental risks and decision-making. We are one of Africa’s leading environmental law firms, offering real depth and a broad range of expertise in environmental law. Our service covers legal riskmitigation and
ENFORCING RESTRAINTS OF TRADE DURING THE COVID-19 PANDEMIC The reasonableness of a restraint of trade covenant was recently considered by the High Court in the context of COVID-19. In considering the enforcement of the restraint, the Gauteng Division of the High Court held that it could not overlook the pandemic and the devastating impact it has had globally, including in South Africa. SOUTH AFRICA: NEW DRAFT NATIONAL DATA AND CLOUD POLICY On 1 April 2021, the Minister of Communications and Digital Technologies (Minister) published a Draft National Data and Cloud Policy (Draft Policy) together with an invitation for interested parties to submit written submissions to the Department of Communications and Digital Technologies within 30 business days of publication of the Draft Policy, by 18 May 2021. THE EMPLOYEE MISCONDUCT AND INVESTIGATION PROCESS THE EMPLOYEE MISCONDUCT AND INVESTIGATION PROCESS. By Randall van Voore Monday, October 24, 2016. During an investigation, it is necessary to consider whether an employee has committed misconduct. In terms of South African law, this requires consideration of whether or not the employee contravened a rule or standard regulating conduct andif so
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We advised SAB and AB InBev on the unwinding of its previous SAB B-BBEE transaction, SAB Zenzele, and the implementation of its new B-BEE transaction, SAB Zenzele Kabili, unlocking almost ZAR 10 billion to participants in the highest B-BBEE value creation in the South African FMCG industry to date. We advised Mr Price on its acquisition of Yuppiechef, an ‘omnichannel’ retail business focused on kitchenware. Yuppiechef commenced its operations as a pure e-commerce company, but has, over the years, transitioned into an omnichannel retail-business platform We acted for Allianz SE in its acquisition of the controlling shareholding in the property and casualty (general) insurance business of Jubilee Holdings Ltd, East Africa’s largest insurance group, in five jurisdictions. The transaction was named East Africa Deal of the Year for 2020 by DealMakers Africa. THE 10TH EDITION OF AFRICA INSIGHTS COVERS AFRICA’S SOVEREIGN DEBTREAD MORE
MATTER REVIEW - SOUTH AFRICA: BOWMANS ASSISTS AB INBEV AND SAB WITH THEIR EMPOWERMENT TRANSACTIONS Deal Outline We advised The South African Breweries (SAB) and Anheuser-Busch InBev (AB InBev) on the unwind of their existing B-BBEE transaction – SAB Zenzele, which was concluded in 2010 (2010 Empowerment Transaction) – and the launch of a new B-BBEE transaction – SAB Zenzele Kabili (New Empowerment Transaction). The 2010 Empowerment Transaction benefited approximately 29 000 qualifying retailers, 13 000 SAB employees and The SAB Foundation. The unwind of this transaction is anticipated to deliver ZAR 9,7 billion to participants and will be the highest B-BBEE value creation in the fast-moving consumer goods (FMCG) industry to date. The New Empowerment Transaction was implemented through a new company, SAB Zenzele Kabili, that owns ZAR 5,4 billion worth of AB-InBev shares and is listed on the Empowerment Segment of the Johannesburg Stock Exchange (JSE). Retailer shareholders who participated in the 2010 Empowerment Transaction were invited to cede their rights and entitlement to AB InBev shares on the unwind of the 2010 Empowerment Transaction in exchange for SAB Zenzele Kabili shares of proportional value. The listing of these shares will create liquidity and allow SAB Zenzele Kabili shareholders to trade their shares with other BEE investors from the outset. This matter is crucial to the conduct of SAB’s business in South Africa for a number of reasons, including to allow SAB to obtain liquor licences, to incentivise staff and to encourage retailer loyalty. Potential value creation SAB provided vendor financing to SAB Zenzele Kabili on favourable terms to the value of ZAR 2,97 billion worth of AB InBev shares. In addition, a new employee share ownership plan (ESOP), registered for the benefit of employees of the SAB group, transferred to SAB Zenzele Kabili the equivalent of ZAR 600 million worth of AB InBev Shares and, as consideration, SAB Zenzele Kabili issued SAB Zenzele Kabili Ordinary Shares of proportional value to the new ESOP. As an incentive to SAB Zenzele retailer shareholders to participate in the New Empowerment Transaction, SAB contributed another ZAR 811 million worth of AB InBev shares to SAB Zenzele Kabili (Discount Shares). The Discount Shares were in addition to the AB InBev Shares that were acquired by SAB Zenzele Kabili under the SAB Zenzele Scheme and the Reinvestment Offer. As a result, following implementation of the New Empowerment Transaction, the SAB Zenzele Retailer Shareholders will have exposure, through SAB Zenzele Kabili, to a greater number of AB InBev Shares than they would have had. Execution complexity The New Empowerment Transaction involved a scheme of arrangement in accordance with the Takeover Regulations; an offer to the public in accordance with the Companies Act; and listing on the JSE in accordance with the JSE Listings Requirements. It required engagement with various regulators including the Takeover Regulation Panel (TRP), the Companies and Intellectual Properties Commission (CIPC), the JSE, the Financial Surveillance Department of the South African Reserve Bank (SARB) and the BEE Commission. Our team led these engagements and guided the client through this complicated regulatory terrain. We also drew on the expertise of our tax team to advise on the complex issues around optimising the tax impact of the transaction for all relevant parties. As AB InBev shares are an integral part of the New Empowerment Transaction, we worked closely with local counsel in Belgium (where AB InBev is incorporated and listed) to ensure that the transaction satisfied Belgium corporate and securities law requirements. Ultimately, this transaction is a great example of one of Bowmans’ key strengths: effective collaboration to bring about a sophisticated solution to client problems/requirements. Our Role Our team was led by Charles Douglas (co-head of M&A) and comprised more than 20 lawyers across a range of specialisations including equity capital markets, corporate and commercial, tax, exchange control, BEE regulatory, and banking and finance. Some of the key members of the core team included Ryan Wessels and Sibonelo Mdluli (partners who led on the public M&A, capital markets and securities law aspects). Tholi Gcabashe (co-head of M&A) assisted with the structuring and corporate aspects. Barry Garven and Kelly Wright (partners) provided advice on tax and exchange control. Jan Kruger and Jason Wilkinson (partners) advised on the financing and preference share elements of the transaction. Our work involved: providing input on the structuring of the New Empowerment Transaction; drafting, negotiating and finalising the various agreements and ancillary documents required to unwind the 2010 Empowerment Transaction and implement the New Empowerment Transaction. drafting and finalising the public documents posted to participants in the 2010 Empowerment Transaction, notably a scheme of arrangement circular and prospectus and corresponding announcements; obtaining the necessary regulatory approvals for the New Empowerment Transaction by corresponding with other deal advisors and regulators, including the CIPC, JSE, SARB and TRP; and providing overall support to the client and other advisors in unwinding the 2010 Empowerment Transaction and launching the New Empowerment Transaction. Outcomes The ZAR 9,7 billion that will be delivered to participants in the first phase of the transaction, partial unwind, is regarded as the highest B-BEEE value creation in the South African FMCG industry to date. In the second phase, structuring and implementation, the new company implementing the New Empowerment Transaction, SAB Zenzele Kabili, will own ZAR 5,4 billion worth of AB InBev shares and was listed on the Empowerment Segment of the JSE on 28 May 2021. The New Empowerment Transaction is unique in that it will facilitate liquidity and broaden ownership to other BEE investors on day one: Retailer Shareholders are not locked in for a period after the implementation of the transaction – they are free to sell their SAB Zenzele Kabili shares at any time and realise immediate value. At the same time, SAB Zenzele Kabili’s listing on the JSE ensures that the BEE benefits of New Empowerment Transaction are ever-green. This transaction is thus beneficial both to the investors of SAB Zenzele Kabili and to SAB and AB InBev. Press Releases and AnnouncementsOUR PEOPLE
CHARLES DOUGLAS
Charles Douglas is the co-head of our Mergers & Acquisitions Practice Group and a member of the firm’s partnership board, with over 20 years specialising in both public and private M&A as well as equity capital markets work. Charles has represented many multi-national and South African domestic companies, including in the listed space, and…View our lawyers
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SOUTH AFRICA: NEW DRAFT NATIONAL DATA AND CLOUD POLICY On 1 April 2021, the Minister of Communications and Digital Technologies (Minister) published a Draft National Data and Cloud Policy (Draft Policy) together with an invitation for interestedparties...
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SOUTH AFRICA: B-BBEE - NEW PRACTICE NOTE ON DISCRETIONARY COLLECTIVEENTERPRISES
On 18 May 2021, the Minister of Trade, Industry and Competition (Minister) published a Practice Note in terms of the Broad-Based Black Economic Empowerment Act 53 of 2003 (B-BBEE Act) on the Rules...Read More
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WEBINAR: NAVIGATING BUYER-POWER REGULATIONS IN KENYA AND SOUTH AFRICA On Thursday, 13 May 2021, our Competition Practice hosted a webinar which covered recent insights and trends in buyer-power regulations in Kenya and South Africa The session was facilitated by...SHARE THIS VIDEO
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CORONAVIRUS (COVID-19) PANDEMIC: A LEGAL PERSPECTIVE The novel coronavirus (COVID-19) continues to create turmoil across the globe. We are concerned about its effect on our people, our clients and the communities in which we operate and have implemented measures in place to contain its spread. The legal implications of the crisis are becoming more apparent as it unfolds. Legal experts from across our African footprint have provided their perspectives on some of these.READ MORE
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