News & Insights
Road Accident Fund Lawyer: When Do I Need One?
It is not mandatory for an individual to appoint a road accident fund lawyer, however, it is advisable to seek out the guidance of one. Adams and Adams RAF attorneys have seen, and been involved, in many cases where the road accident fund (RAF) either under-settles matters and provides unjust and inequitable compensation, or they […]
March 29 2021
A Giant Leap Ahead for Women’s Rights
“Human rights are women’s rights, and women’s rights are human rights” The cabinet has approved the submission of the recognition of Customary Marriages amendment bill of 2019 to Parliament. Section 7(1) and (2) of the recognition of Customary Marriages Act 1998 discriminated unfairly against woman in customary marriages but was declared constitutionally invalid, and has […]
March 28 2021
The Current Implementation of Vaccine Roll Out Is Probably Unlawful & Unconstitutional
When the vaccine roll out plan was announced, it was warmly welcomed by many as it seemed logical and sagacious. Although there was a loud cry prior to the first batch arriving that the government has been slow in acquisition of the vaccine, it was nonetheless welcomed and seen as a giant step in an […]
March 24 2021
Mandatory COVID -19 Immunisation in the Workplace: It’s Not That Straight Forward
Many employers have placed their hopes of a return to the pre Covid-19 workplace on the development of a Covid 19 vaccine. South Africa is in the process of acquiring and rolling out vaccines, however, it seems that although people are encouraged to be immunized, no one will, at this stage, be legally required to […]
March 22 2021
Is it time to broaden the traditional concept that directors owe a duty to the company only?
There is an interdependency between companies and South African society, which mirrors the African concept of Botho, otherwise known as Ubuntu, which translates to “I am because you are; you are because we are.” Companies are an integral part of South African society, and vice versa. However, a company is dependent on the broader South […]
March 18 2021
Does Business Rescue Effectively Provide for Efficient Rescue and Recovery of Financially Distressed Companies?
An Assessment of Whether Business Rescue Effectively Provides for the Efficient Rescue and Recovery of Financially Distressed Companies in a Manner That Balances the Rights and Interests of All Relevant Stakeholders While the full impact of the COVID-19 pandemic on the South African economy will likely only truly be felt once the world has completely […]
March 18 2021
Adams & Adams welcomes first female chairperson and further members of the management committee
As we commemorated International Women’s Day on 8 March celebrating the social, economic and cultural achievements of women, Adams & Adams is pleased to announce that Kelly Thompson has been named as the first female chairperson of the firm in its 113-year history. Thompson, an experienced trade mark litigation attorney, is one of 28 women […]
March 09 2021
Inherent Legal Perils of Convening Gatherings Amid the COVID-19 Pandemic
With a significant decline in Covid-19 cases in recent weeks, the government has naturally decided to uplift some of the restrictions – to allow for more economic activity and allow people to get as close as possible to their natural normal living. This is, of course, necessary and critical considering the impact that the pandemic […]
March 04 2021
Ministry of Defence & Military Veterans Sued Yet Again for Another Brutality and Assault Incident
Shortly after the implementation of the lockdown restrictions early last year, there were several reports of law enforcement brutality and assault. It is believed that many of these incidents have been unreported. One of the widely publicised incidents is that of Mr Khosa, whose life was cut short because of military soldiers’ brutality. The lockdown […]
March 03 2021
A positive ruling from the Arbitration Tribunal declares the BLUEHOST trade mark well-known
Recently, the Arbitration Tribunal (“the Tribunal”) in Kenya adjudicated a dispute concerning the domain name bluehost.co.ke. The dispute was initiated in terms of the Alternative Dispute Resolution Policy (“the Policy”) of the Kenya Network Information Center (“KENIC”) read together with the Trade Marks Act and the Arbitration Act. The claimant, Bluehost Incorporated, is the owner […]
March 02 2021
The Machines Are Here - 3D Printing – A genuine challenge to Intellectual Property laws and rights holders?
Although 3D printing technology has been in existence for several decades, its recent proliferation makes it clear that never before as much as now, has this technology presented as acute a challenge to to Intellectual Property (IP) laws and rights holders, and to traditional manufacturing practices. The prolific rate at which 3D printers are being […]
February 28 2021
The Jerusalema IP Challenge
Hot on the heels of the Jerusalema Dance Challenge that took the world by storm last year, a new challenge is developing for some organizations that uploaded videos online showcasing their brands and workforces dancing to South African DJ Master KG’s global megahit, ‘Jerusalema’, without permission from the rights holders to do so. Recent media […]
February 26 2021
The What, Who and How of the Competition Commission’s Market Inquiry Into Digital Markets
On 19 February 2021 the South African Competition Commission (“the Commission”) announced that it will be conducting a market inquiry into online intermediation platforms (“OIPMI”) and published the draft terms of reference for the inquiry with calls for public comment thereon to be received by no later than 16h00 on the 12th of March 2021 […]
February 23 2021
New Legal Framework for Copyright Protection
The Namibian Business and Intellectual Property Authority (“BIPA”) has announced that it is in the process of developing a new legal framework for copyright protection in Namibia. This will, as a result, lead to a repeal of the Copyright and Neighbouring Rights Act 6 of 1994 (“the current Copyright Act”). The news has been welcomed, […]
February 23 2021
Copyright Amendment Bill: potential cause for concern for trade between SA and the USA
Sources: Copyright Amendment Bill an issue for trade between SA and US (businesslive.co.za) Copyright Amendment Bill: US Trade Representative to review SA’s Preferential Trade status – Tech4Law The much-awaited analysis of the Copyright Amendment Bill and the Performers’ Protection Amendment Bill has been seemingly frozen since December 2020, and there has not yet been any […]
February 22 2021
Looming String of Civil Action Against the Municipality Amid the Human Rights Commission’s Report on Vaal River?
The South African Human Rights Commission (“SAHRC”) has released its final report regarding the inquiry into the sewage problem of the Vaal River. The report, released on 17 February 2021, suggests a very distasteful and unpalatable state of the Vaal River – despite this being a crucial water source in Gauteng. To this extent, according […]
February 17 2021
Navigating company and business name disputes in Nigeria under the Companies and Allied Matter Act
The Nigerian Companies and Allied Matters Act, 1990 had not been significantly changed for thirty years, until President Buhari assented to the Companies and Allied Matters Act, 2020 on 7 August 2020. The much needed developments aim to address the rapidly transforming corporate landscape in Nigeria. Company and business name disputes in Africa are not […]
February 15 2021
Legalities Around the Taking or Refusal of Vaccines & Medical Treatment
It has been it is almost a year since the first COVID-19 case was reported in South Africa. Given the devastating impact of this virus, the endeavours to find effective vaccine, treatment and cure have been ongoing, world-over. To date, there are several vaccines that have been manufactured and are already being distributed to countries […]
February 10 2021