News & Insights
Medicinal Product Regulation and Product Liability in South Africa
Medicinal product regulation and product liability in South Africa: overview by Danie Dohmen, Jenny Pienaar, Alexis Apostolidis and Jeanette Visagie A Q&A guide to medicinal product regulation and product liability law in South Africa. The Q&A gives a high level overview of key issues including pricing and state funding, manufacturing, marketing, clinical trials, advertising, labelling, and […]
May 12 2020
How Does the Property Transfer Process Work in South Africa?
The property transfer process can be complicated for first-time property buyers. Below is a guideline of the processes to be followed in order to complete a successful transfer of a property. The Property Transfer Process Download Info-graphic As PDF 1. Receive Offer to Purchase This is a document signifying the buyer’s intention to purchase the […]
May 11 2020
Turmoil Over Schools’ Continued Closure: Legal & Public Policy Considerations
The coronavirus outbreak saw many countries around the world going into a lockdown to combat the spread of the virus. South Africa adopted the same strategy to “flatten the curve”. The President announced early closure of the schools even before the announcement that the country will be going into a complete lockdown. This was done […]
May 10 2020
When Is Section 34 of the Insolvency Act Applicable?
When buying a business, the purchaser may approach a bank for finance. The purchaser as well as the financial institution that may finance the transaction need to determine whether compliance with Section 34 of the Insolvency Act is required. Section 34 of the Insolvency Act provides that when a trader (as defined in Section 2 […]
May 10 2020
At Last - Some (But Insufficient) Relief for Tenants and Property Owners
There has been a lot of uncertainty and concerns raised by tenants, landlords and parties to property transfer transactions since the promulgation of the Regulations dealing with the implementation of Alert Level 4 of the nationwide lockdown by the government on the 29th of April 2020 which were issued as part of government’s risk adjusted […]
May 08 2020
Common Law Offers of Settlement, the Knife That Cuts Both Ways
With various changes to Court processes as a result of the COVID19 pandemic, the use of common law offers of settlement in attempts to reduce costly and protracted litigation is more compelling now than ever. Common law offers of settlement are under utilised in South Africa. These offers can be very advantageous for the plaintiff. […]
May 07 2020
Financial Assistance in Relation to a Loan Facility
When a bank approves a loan facility, it will typically require the registration of a mortgage bond over the borrower’s immovable property in order to secure the debt. More often than not, the loan facility will require security in addition to the mortgage bond, typically in the form of a guarantee or surety given by […]
May 06 2020
Updated Guide: Worldwide Export Controls on Face Masks and Other Medical PPE
As the COVID-19 pandemic has expanded exponentially, so too has the demand by hospitals and other healthcare providers for masks and other medical personal protective equipment (PPE) to protect doctors, nurses, and other healthcare workers. A number of governments have imposed export controls on the export of a variety of medical (and industrial) PPE. In […]
May 05 2020
COVID-19 & Consumer Protection - Global Advertising in a Time of Crisis
Last week, members of the Global Advertising Lawyers Alliance presented a webinar, “COVID-19 & Consumer Protection — Global Advertising in a Time of Crisis,” which summarised some important coronavirus-related enforcement trends around the world. The webinar was presented by Donata Codone from Portolano Cavallo (Italy), Jose Antonio Arochi from Arochi & Lindner (Mexico), Jenny Pienaar from Adams & Adams (South Africa), Brinsley […]
May 05 2020
Arrest and Search and Seizure of Private Property
What Must Police Officials Consider in Order for Their Conduct to Be Lawful? Arrest is one of the lawful methods of securing the attendance of an accused person in court. It is also the most drastic method. S38 of the Criminal Procedure Act states that methods of securing attendance of an accused person include: arrest […]
May 05 2020
Teacher’s pet…hate
With day (who can remember) of lockdown arriving, your phone chirps excitedly, reporting “your homework” which has arrived for next week, ready to be downloaded and printed in advance. Yes, best to be prepared! The writer is sure that every parent out there will now be able to update their LinkedIn profile and more specifically […]
May 04 2020
Integrity as a Life-Long Commitment in the Legal Profession
“Integrity: The indispensable element – the Fundamental Principles Leading to Trust, Reputation, Fair Play, Reliability, Adherence to Proper Conduct, Standards, Values.” – James Thomas. Integrity is integral everywhere and, in every space, however, in the legal profession, it is a non – negotiable trait – one that the court needs to be satisfied with before […]
May 04 2020
Anti-Dissipation Interdicts in Counterfeit Goods Cases
There is nothing more frustrating to a trade mark proprietor than going through the effort of securing a judgment in a counterfeit goods case, only for the defendant to use every trick in the book to frustrate the collection of the judgment debt.
May 03 2020
Complexities of Co-Ownership
Many of us aspire to own our own property. Whether it is to have a place to call home or simply for purposes of starting an investment portfolio. But, raising the funds to buy property, especially for young individuals, can be challenging.
May 02 2020
Hot Contestation of the Functus Officio Doctrine in Kenyakkk
In a recent appeal to the High Court in Kenya concerning the THERMOS trade mark, the question whether the Registrar of Trade Marks (“the Registrar”) can revisit a decision previously made was considered.
April 29 2020
Thinking of Getting That COVID Trade Mark?
Albert Einstein once said, “In the middle of difficulty, lies opportunity”. There are no truer words for the current times where the COVID-19 virus has presented great opportunities for many.
April 29 2020
Merger Regulations Post-COVID-19
The competition authorities, being the Competition Tribunal (“the Tribunal”) and the Competition Commission (“the Commission”), are already in the thick of it when it comes to regulating markets and competition in the COVID-19 world afflicted by lockdowns and economic restrictions amongst other considerations.
April 29 2020
Proposed Changes to South African Exchange Controls Relating to the Transfer and License of SA-Owned Intellectual Property
“Intellectual Property (IP) intensive industries such as South Africa’s growing technology sector face various challenges with respect to cross-border transactions, including access to offshore markets for the commercialisation of IP, as well as financing and security for such transactions.
April 28 2020