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General News
IFLR1000’s Energy and Infrastructure results announced

IFLR1000′s recent research into the energy and infrastructure markets shows Bowman Gilfillan Africa Group (BGAG) being highly ranked across Africa reaffirming the group’s position as a leading pan-African legal services provider to corporates, financial institutions and the public sector across Africa.

General News
Going Legal

It’s a sign of the times that legal services firms are booming while the rest of the economy limps along.

Corporate
Representatives of financial service providers must be honest and have integrity or face being disbarred industry-wide

On 1 June 2015 the Supreme Court of Appeal (SCA) delivered a judgment in the Financial Services Board vs PGE Barthram and Discovery Life Limited case, emphasizing that representatives of financial services providers (Reps) must be honest and people of integrity or face being disbarred from ever working in the financial services industry. With its decision, the SCA has enhanced the protection of the investing public from dealing with Reps who are dishonest and lack integrity.

Corporate
Keeping the competition strong

Many African countries recognise that rigorous competition law regimes are considered a great contributor to providing incentives to companies to compete on prices, improve the quality of their products and become more innovative, in order to retain or, better still, increase their market share.

Corporate
SA must pursue US free-trade deal

The US Senate’s recent passing of a bill extending the African Growth and Opportunity Act (Agoa) for 10 years with SA indicates that this unilateral preference scheme enjoys sufficient support in the US.

Employment Law
Labour Minister’s view should be seen as warning

Recent comments by the Minister of Labour, Mildred Oliphant, criticising employers who were laying off workers after a three month contract after which they would be deemed permanent employees, should be seen as a warning to labour brokers and clients, since the liability and risks associated with circumvention of the Act are real, and are easily accessible to employees.

Employment Law
Fixed term employees - Stricter regulations

1 January 2015 saw the introduction of stricter regulation of a-typical forms of employment with the Labour Relations Act (LRA) amended to include a number of provisions specifically aimed at giving labour broking employees, employees employed on fixed term contracts, and part-time employees greater protection. Except for the amendment to s186(1)(b) of the LRA, which applies to all employees irrespective of their level of remuneration, the amendments only apply to employees on a-typical work arrangements who earn below the prescribed earnings threshold.

Litigation
Judgment on euthanasia redefines 'killing'

When Judge Hans Fabricius handed down judgment in the High Court in Pretoria recently that a medical professional who assists Robin Stransham–Ford in committing suicide will not be acting unlawfully, he changed both our criminal law and medical law.

Corporate
Healthy pipeline should see deals pick up in Africa

Merger and acquisition activity in Africa, particularly East Africa, has seen a marginal slowdown when compared with this time last year.

The reason, paras Shah, Nairobi partner at Coulson Harney, part of the Bowman Gilfillan Africa Group, attributes the easing of activity to several issues. Security has dampened the execution of deals – the interest is there, he says, but investors are adopting a wait and see approach.

Shipping and Logistics
Shark diving operators: test for negligence and limitation of liability

On April 13 2008 a shark-cage diving vessel, MV Shark Team, capsized after being struck by a large wave while on an excursion with a party of 10 tourists. The vessel was anchored at the time at the Geldsteen, an extensive reef system off the southwest coast of South Africa near Cape Town. Three of those on board drowned, including the claimant's husband, a US citizen. Sarah Tallman brought a claim for damages against the vessel in rem and for personal liability on the part of the skipper and the owner, respectively, for damages arising from the drowning.

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