News & Insights
In-Person Commissioning: An Outdated Inconvenience Awaiting Parliamentary Intervention
In today’s fast-paced digital world, legislation often struggles to keep up with the rapid advancements in technology. An example of such legislation is the Justices of the Peace and Commissioners of Oaths Act, 16 of 1963 (“the Act”). The Act requires that oaths be administered in the presence of a commissioner of oaths. Is this […]
June 04 2024
Legal Battle Over Towed Vehicle Ends in Favour of Insurer
A judgment from the High Court of South Africa, Eastern Cape Division, Mthatha, serves as a timely reminder that a lien (right of retention) can be defeated by providing adequate security for the debt alleged to be due. On 7 March 2023, the insured was involved in a collision on the road between Port St […]
June 03 2024
Disrupting the state of video game play
I have recently been exposed to the exploits of Mikey Turtle in Minecraft and Roblox minigames and experiences, but my exposure has been enough to lead me down the video game rabbit hole. Video game content plays a significant role in digital entertainment and is lauded, and sometimes criticised, for its social and economic impact. […]
May 31 2024
OAPI: E-FILING PROCESS TO COMMENCE FROM 3 JUNE 2024
The OAPI Registry has confirmed the implementation of its e-filing system, which will commence on 3 June 2024. As part of the Registry’s change management objectives, the Registrar has organized a series of virtual meetings to ensure all accredited agents receive adequate training on the new system and processes. The e-filing system will be implemented […]
May 28 2024
Esco-barred: When is a trade mark contrary to morality, or likely to offend?
An application for the PABLO ESCOBAR trade mark, designating multiple classes of goods and services, was recently barred from registration in the European Union, amidst concerns regarding morality and the public’s perception of the mark in Spain. The application was filed by Escobar Inc., the official holding company for Pablo Escobar, founded by his brother […]
May 28 2024
EFFECTIVE RESTRAINTS OF TRADE AND THE ADDED PROTECTION OFFERED BY A PENALTY CLAUSE
It has been said that “restraints of trade are not worth the paper they are written on”. This is far from the truth as many employees have learnt, the hard way. Not only are valid restraints of trade enforceable, but they are also enforced regularly by the Courts. The consequences for the former employee can […]
May 27 2024
Navigating IP rights for business success in Africa
Blurb: Africa offers vast potential for businesses that have the right IP strategy to overcome the continent’s complexities. Africa is a continent of growth and opportunity, with the African Development Bank forecasting a steady increase in the continent’s gross domestic product (GDP) from 3.8% in 2024 to 4.2% in 2025, higher than projected averages for […]
May 27 2024
Navigating rebranding for enterprise success
Founded more than 115 years ago, law firm Adams & Adams has established itself as a trusted brand in the African legal landscape. While the firm is proud of its heritage, it remains committed to evolving as an enterprise, recognising the need to be forward-thinking and cultivating a brand that continues to resonate with its […]
May 27 2024
‘YOU DON’T NEED TO KNOW YOUR RIGHT TO SUE THE PROFESSIONAL, BUT THE FACTS RELATING TO THE DEBT’ – PRESCRIPTION INTRICACIES AT THE FOREFRONT, AGAIN!
Introduction The Johannesburg High Court (“the court”) has handed down a judgment on a matter that brought, once again, the prescription intricacies to the fore. There are many cases pertaining to prescription, from different courts, and, with each case, there are unique variables that make each case intricate. Facts Briefly, the Plaintiff sued his erstwhile […]
May 24 2024
Constitutional Court declares that former President Jacob Zuma is not qualified to stand for election, to the National Assembly
On Monday, 20 May 2024, the Constitutional Court held that former President Jacob Zuma was convicted of an offence and sentenced to more than 12 months’ imprisonment for purposes of section 47(1)(e) of the Constitution. Accordingly, it declared that Mr Zuma is not qualified to stand for election to the National Assembly until five years […]
May 21 2024
NHI LITIGATION INEVITABLE – HERE IS WHAT YOU NEED TO KNOW ABOUT THE NATIONAL HEALTH INSURANCE ACT
President Ramaphosa has promulgated the National Health Insurance (“NHI”) Act (“the Act”). The NHI, in its bill form, has been controversial since its introduction and has attracted significant critique from various stakeholders. It is therefore likely that the Act will be the subject of fierce litigation, sooner or later. Some of the institutions/groups which have […]
May 17 2024
ANOTHER WIN FOR WOMEN AND CHILDREN
The Divorce Amendment Bill has been signed into law, which means that Muslim marriages are now recognised in South African law, and the rights and interests of women and minor and dependent children in these marriages are now safeguarded and protected. Muslim couples who choose to marry according to Islamic or Sharia law are now […]
May 14 2024
Failure to Know or Follow the Rules of Court: A Civil Procedure Pitfall for Legal Practitioners
A judgment from the High Court of South Africa, Eastern Cape Division, Bisho, serves as a timely reminder for legal practitioners to diligently consult the rules of court before instituting proceedings to avoid the pitfalls that may arise from failing to follow a rule correctly. The applicant sued the first and second respondents, seeking damages […]
May 13 2024
Kenya places spotlight on the protection of intellectual property rights
The second Kakamega International Conference was hosted in Kenya from 19 to 22 March 2024. The aim of the conference is to stimulate and accelerate economic growth in Kenya through sustainable investments. Mr John Onyango, the managing director of the Kenya Industrial Property Institute (“KIPI”) was one of the speakers at this conference. Mr Onyango […]
May 13 2024
Empowering Entrepreneurs with just a few clicks: The launch of USRB’s online business registration in Uganda
What previously took between 10 to 15 business working days to register a company in Uganda, has now been reduced to 3 hours. The launch of the Online Business Registration System (OBRS) by the Ministry of Information Communication Technology and National Guidance and the Uganda Registration Services Bureau is a significant step toward streamlining and […]
May 13 2024
Recent developments on geographical indications in OAPI
In April 2024, OAPI and its partners recently held a symposium in Douala, Cameroon, under the theme “Geographical Indications in Africa: current situation and development prospects”. This meeting brought together various stakeholders from the global GI promotion ecosystem, having a particular focus on Africa. A Geographical Indication (GI) is a sign identifying goods as originating […]
May 13 2024
World Book and Copyright Day celebrated in Nigeria
23 April heralds the celebration of World Book and Copyright Day around the world, a day dedicated to celebrating books and their authors and creating awareness around the copyright that vests in such works. This year’s theme “Read your way” was aimed at highlighting the empowerment that comes with reading, from the perspective of both […]
May 13 2024