News & Insights
Does the Road Accident Fund Pay for Future Hospital and Medical Expenses
When lodging a claim with the Road Accident Fund (“RAF”), road accident victims (“claimants”) may claim compensation under different heads of damages, i.e. past loss of earnings, future loss of earnings/earning capacity, general damages, past hospital and medical expenses, future hospital and medical expenses, as well as loss of support claims. In some people’s minds, […]
September 27 2021
Nigeria - Update on the Nigerian Copyright Bill
The Nigerian Copyright (Repeal) Bill 2015, which was approved by the Nigerian Federal Executive Council in 2018, was presented to the Nigerian National Assembly for approval and enactment into law on 6 July 2021.[1] The Copyright Bill is purported to be aimed at overhauling the copyright system in Nigeria, with the current legislation being the […]
September 27 2021
Kenya - Update on the Anti-counterfeit Regulations
The Anti-Counterfeit (Amendment) Regulations, 2021 (Legal Notice no. 117) and the Anti-Counterfeit (Recordation) Regulations, 2021 (Legal Notice no. 118) were jointly published by the Cabinet Secretary for the Ministry of Industrialization, Trade and Enterprise Development on 23rd July 2021. These Regulations pave way for the implementation of the proposed amendments of the Statute Law (Miscellaneous […]
September 22 2021
Ghana, Glimmer of Hope at Ghana's Registrar - Generals Department
Earlier this year, the Registrar-General’s Department (RGD) undertook a major system upgrade and audit of Industrial Property (IP) matters. As a result, all IP applications which were filed from January 2021 to March 2021, were only processed around mid-April 2021. However, according to a notice issued by the RDG on 4th June 2021, it has […]
September 21 2021
Costs to Budget for When Buying Property
You have finally identified your dream home and want to put pen to paper and sign the sale agreement. Thereafter you will probably approach a bank for a loan to secure the purchase price or part thereof. Securing the purchase price, be it by way of a cash payment or bank finance, is not the […]
September 20 2021
Legal Ramifications and Recourse of Medical Ill-Advice Regarding COVID-19 Vaccines
INTRODUCTION Covid-19 vaccination is probably the most potent weapon available at present in the fight against the Covid-19 pandemic that has taken millions of lives, worldwide. As there is still no cure or treatment for the pandemic, it remains the government’s prime objective that the country reaches herd immunity as soon as possible. To do […]
September 20 2021
Kenya - Suspension of Personal Search Service and Increase of Official Search Fees
The Covid-19 pandemic has brought with it limitations and difficulties at various levels. In order to ensure the protection and safety of public officials, the Kenyan Industrial Property Institute has suspended the Personal Trade Mark Search Service until further notice. For the time being, only official trade mark searches will be conducted. This announcement by […]
September 20 2021
When Can You Sue Your Financial Adviser for Losses Sustained?
Thousands of South Africans place their trust in financial advisers to professionally manage their money and their futures. Unfortunately, many of these investors lose their money but it is not always as a result of professional negligence on the side of financial advisers. Investors need to clearly distinguish between losses arising from market or other […]
September 17 2021
Banjul Protocol is Now Effective in The Gambia
The Gambia Following the depositing its Instrument of Ratification to the Banjul Protocol on Marks on 3 May 2021, the Banjul Protocol is effective in The Gambia from 3 August 2021.[1] This means that ARIPO applications for marks may now designate The Gambia. [1] www.aripo.org/banjul-protocol-on-marks-now-effective-in-the-gambia/
September 17 2021
ARIPO - Adoption of Draft Protocol on Voluntary Registration of Copyright and Related Rights
ARIPO, with support of the Government of Uganda is organising a Diplomatic Conference for the Adoption of the Draft Protocol on Voluntary Registration of Copyright and Related in Kampala, Uganda from the 23rd to the 24th of July 2021. Ministers from ARIPO Member States and invited practitioners will attend the Diplomatic Conference. The Protocol will establish a […]
September 15 2021
What are the legal implications for employers now with employees working from home 702 27 Oct 2020
Adams Adams Africa · Labour Law
September 14 2021
No More Fowl Play? The Department of Agriculture Takes Steps to Prevent the Use of False or Misleading Descriptions in Respect of Animal and Processed Plant Products
The Department of Agriculture, Land Reform and Rural Development (“the Department of Agriculture”) recently sent a letter to all processors, packers, importers, exporters and retailers of animal and processed plant products (“the regulated products”), which products are regulated by the Agricultural Product Standards Act, 1990 (“the Agricultural Act”), confirming a change in approach in applying […]
September 14 2021
Innocent Bystanders: Liability of the SAPS During the July 2021 Lootings
In July 2021, South Africa was ravaged by lootings and violent protests following the incarceration of former President Jacob Zuma. Reports suggest that as many as 117 people have been killed and hundreds of businesses were lost or destroyed as a result of the violence that erupted during demonstrations across the country. Among them, was […]
September 07 2021
Understanding the Legal Implications of Suspensive and Resolutive Conditions in Property Sale Agreements
Buying or selling property is one of the most exciting experiences for most individuals. However, one should take care not to sign an offer to purchase without fully understanding the implications of all the provisions contained in the agreement. The importance and effect of the so-called suspensive – and resolutive conditions contained in agreements are […]
September 07 2021
SA Court Confirms Position on Non-essential Integer and Grants an Urgent Interim Interdict
The South African Patents Court confirms the rights of a patentee in interim interdict proceedings where the patent claim includes a non-essential integer – Bayer Intellectual Property GmbH et al v Austell Pharmaceuticals (Pty) Ltd 20 May 2021 CCP Judge Fourie sitting as Commissioner of Patents recently handed down judgment wherein an interim interdict was […]
August 31 2021
Fathers Rights and Maintenance
We often read or hear stories on social media or from friends about fathers of children born out of wedlock finding it difficult to assert and exercise their parental rights and responsibilities. The most common challenge which unmarried fathers face is being denied contact to their children due to customary traditions and/or being subjected to […]
August 30 2021
Disclosure of Medical Information
Information about a person’s health and health care is generally considered to be highly sensitive and personal. Therefore, this type of information enjoys statutory and common law protection in South Africa. COMMON LAW PROTECTION The common law right of privacy prevents public disclosure of private facts. Invasion of privacy is a tort / delict based […]
August 24 2021
Business Insurance Repudiated Claims: Legal Generalities and Process
Whilst the dust seems to have settled and the talk of recent riots and violence has calmed down, the vast majority of affected businesses are still grappling with the aftermath of the chaos. Insurers and SASRIA are naturally at the center of the aftermath. Most businesses would have lodged their insurance and/or SASRIA claims by […]
August 24 2021