News & Insights
Broken Windows, Unbroken Law: Lessons in Proving Negligence and Duty of Care
Facts: On 10 February 2021, the Plaintiff was injured by a falling glass window while walking on the pavement in front of the Defendant’s premises, in Johannesburg. The glass window fell from the Defendant’s building, causing a significant cut on the Plaintiff’s left forearm, necessitating immediate medical treatment. The Plaintiff did not initially report the […]
April 02 2025
Running into Liability: The Legal Duty of Care in Running Events
Introduction South Africa boasts a vibrant running culture, with a wide array of organised races held throughout the year. The organisation of these events varies significantly; some races ensure that runners are shielded from spectators and the public, while others allow for potential interaction between runners and the public. The recent Supreme Court of Appeal […]
April 01 2025
The Limits of PFA’s Authority in Pension Fund Transfers
On 25 March 2025, the Financial Services Tribunal handed down a crucial decision in Auto Workers Provident Fund v Thulani Nyalungu & Others, providing essential guidance on the extent of the Pension Funds Adjudicator’s (“PFA”) authority when handling member complaints concerning pension fund transfers. The ruling emphasises the importance of adhering to pension fund rules […]
March 28 2025
The Unseen Shield: Foreseeability of Damages in Delictual Claims
Introduction In the realm of delictual claims, the concept of foreseeability of damages is both fundamental and frequently underestimated. Plaintiffs often focus on the harm suffered and the apparent negligence of the defendant, but delictual liability requires a more nuanced assessment—particularly of whether the harm was reasonably foreseeable. Foreseeability plays a pivotal role in evaluating […]
March 25 2025
Malawi Parliament to Debate Two Key IP Legislative Bills
Two executive-legislative bills have been gazetted for debate in Parliament during the current sitting. The bills focus on reforms to company and copyright laws. The Companies, Registrations, and Intellectual Property Centre Bill, 2025 proposes the establishment of a semi-autonomous body responsible for company registrations, intellectual property rights and related functions. The new entity will assume […]
March 19 2025
Nigeria’s Battle Against Counterfeit Goods Intensifies
The ongoing fight against counterfeit goods in Nigeria has become a pressing issue, with the House of Representatives urging the government to declare a state of emergency in response to the growing prevalence of fake products. The effects of counterfeiting are far-reaching, particularly in the health, safety, and economic sectors, with counterfeit medicines posing a […]
March 19 2025
President Ramaphosa Approves Plant Health Bill
President Cyril Ramaphosa has signed the Plant Health Bill into law, introducing measures to tackle the issue of plant pests that threaten domestic agriculture and could affect South Africa’s agricultural exports. According to a statement from the Presidency, the new legislation replaces the Agricultural Pests Act of 1983, which previously governed the national plant health […]
March 19 2025
Nigeria Set to Achieve Full Membership in UPOV, Boosting Agricultural Innovation and Protection
Nigeria is close to securing full membership in the International Union for the Protection of New Varieties of Plants (UPOV), according to Dr. Ishiaku Khalid, Acting Director General of the National Agricultural Seeds Council (NASC). Speaking at the 2025 Boot Camp on Plant Variety Protection (PVP) for Agricultural Development, Khalid confirmed that Nigeria is making […]
March 19 2025
Shaping the Future of Kenya's IP Landscape: The Third Effort to Finalize a National IP Policy and Strategy
Kenya is working towards finalizing its third attempt at establishing a National Intellectual Property Policy and Strategy (NIPPS), following consultations with key stakeholders. The policy aims to address challenges in Kenya’s IP landscape and aligns with WIPO’s methodology for national IP policies. The 2024 NIPPS focuses on key sectors like agriculture, tourism, pharmaceuticals and the […]
March 19 2025
Namibia Gears Up to Launch Its First Export Consignment Under AfCFTA
Namibia is set to make history with its first export consignment under the African Continental Free Trade Area (AfCFTA). Local businesses with consignments ready for shipment this month are being encouraged by the Namibia Chamber of Commerce and Industry (NCCI) to take part in this initiative. Exports will be sent through Walvis Bay or by […]
March 19 2025
Advancing IP Education in Africa: Highlights from the WIPO-South Africa Summer School on Intellectual Property
The WIPO-South Africa Summer School on Intellectual Property (IP) has concluded another successful session. Hosted in partnership with South Africa’s Department of Science, Technology and Innovation (DTI), the National Intellectual Property Management Office (NIPMO), and the Companies and Intellectual Property Commission (CIPC), the program ran from 26 November to 6 December 2024, at Mangosuthu University […]
March 19 2025
Nigeria’s First AfCFTA Shipment to Kenya: A Major Step for Export Diversification and SME Inclusion
Nigeria has marked a significant milestone with its first shipment under the African Continental Free Trade Area (AfCFTA) to Kenya. AfCFTA, with 54 signatory countries, aims to boost intra-African trade, industrialization and economic transformation by removing tariffs on 90% of goods and simplifying cross-border trade. For Nigeria, the AfCFTA offers an opportunity to reduce its […]
March 19 2025
Uganda Unveils ICT Intellectual Property Guidelines to Foster Innovation and Commercialisation Technology
The Ugandan Ministry of ICT and National Guidance, in collaboration with key partners, has launched the ICT Intellectual Property (IP) Guidelines to protect and commercialise innovation in Uganda’s rapidly growing technology sector. The Guidelines were developed under the UJ-Connect initiative with support from the Japan International Cooperation Agency (JICA), the Ministry of Justice, Uganda Registration […]
March 19 2025
NCC Grants Licence Renewal to Musical Copyright Society Nigeria
The Nigerian Copyright Commission (NCC) has renewed the operational licence of the Musical Copyright Society Nigeria Ltd/Gte (MCSN). In a letter dated 16 January 2025, the NCC confirmed the renewal of MCSN’s licence to operate as a Collective Management Organisation (CMO) for musical works and sound recordings. The renewal has been made in accordance with […]
March 19 2025
The pop-up that popped in and popped out: Off Rhode trade mark concerns
Influencer beauty gurus of South Africa were abuzz this past weekend with the announcement of a Rhode pop-up store at Mall of Africa. TikTokers wasted no time in running to secure the bag and soon feeds on all social media platforms were filled with hauls and unboxings and reviews of what was deemed to be […]
March 19 2025
Bridging the Liability Gap: Employer Recourse Against Subcontractors in Construction Contracts
In the construction industry, it is common to encounter a principal building contract between the employer and the main contractor, alongside a subcontract between the main contractor and its subcontractor. A pertinent question arises: does the employer have any recourse against the subcontractor if the employer is held liable for the actions of the subcontractor, […]
March 18 2025
The Constitutional Court Puts An End To Unfair Levies/Taxes Imposed On Indigenous Communities
Introduction The levies/taxes at issue were imposed on indigenous communities for different reasons, including for reporting a death in a family, relocation to another village, and the allocation of a residential stand. The applicants argued that in cases where they failed to pay the levy, traditional authorities refused them essential services, such as the installation […]
March 17 2025
Pension Fund Distributions and the Duty to Support Parents
The recognition of factual dependency plays a crucial role in pension fund law, particularly in the allocation of death benefits under Section 37C of the Pension Funds Act (“the PFA”). The decision of the Financial Services Tribunal (“the Tribunal”) in Semenya and Others v Old Mutual Superfund Pension Fund and Others (“the Semenya case”) provides […]
March 12 2025