0 102020Sep LEX Africa signs MOU with the Swiss Chinese Law Association (SCLA) In Africa, LEX Africa LEX Africa and the SCLA have signed a non-exclusive memorandum of understanding in order to further develop and strengthen their relationship. The MOU is intended to promote greater cooperation for mutual benefit including to enable professional relationships between members and allow them to work together, share information of interest to members and their clients and… Read More
0 262020Aug Overview of Data Privacy and Protection in Lesotho In Data Privacy, Lesotho What is data protection? The protection of personal information is essential to fulfilling the fundamental principle and value of personal privacy and personal information privacy. As such, data protection is the process of safeguarding important information from corruption, compromise or loss. Does Lesotho Have data protection laws? Lesotho implements the right to privacy under the… Read More
0 262020Aug The basics of Business Rescue in South Africa In Insolvency & Business Restructuring, South Africa Restructuring of companies in financial distress is on the increase globally. In line with this trend, Chapter 6 of the new Companies Act, No. 71 of 2008 (the Act) introduces business rescue to the South African business landscape. South African companies that are financially distressed in South Africa now have an opportunity to reorganise and… Read More
0 312020Jul New Online Content Regulations published In Cyber Law, Block Chain, Technology, Tanzania The Electronic and Postal Communications Act (EPOCA), No. 3 of 2010 allows the portfolio Minister to make and issue Regulations to govern online content, among others. In a bid to ensure proper regulation and monitoring of online content services in Tanzania, the Minister for Works, Transport and Communications has revoked the Electronic and Postal Communications… Read More
0 282020Jul The bonfire of the tax treaties In Mauritius, Senegal, Tax, Zambia Senegal and Zambia unilaterally scrapping tax treaties with Mauritius has shaken up the African investment and legal landscape. Senegal and Zambia have blamed “unbalanced” and “unfair” treaties for their surprise decisions to terminate double-taxation agreements with Mauritius. Tearing up a tax treaty is highly unusual in the circumspect world of international diplomacy and several other… Read More
0 282020Jul Insolvency Law in Mauritius In Insolvency & Business Restructuring, Mauritius FINACORP SERVICES LTD v. DISTILLED SPIRITS HOLDING 2020 SCJ 162 (Supreme Court of Mauritius) This is an appeal from a decision of the Judge of the Bankruptcy Division granting the application made by the respondent pursuant to section 181 of the Insolvency Act to set aside a statutory demand which the appellant had caused to… Read More
0 282020Jul Technology, Media and Telecommunications Update in Africa – July 2020 In Botswana, Ethiopia, Ghana, Kenya, Media, Broadcasting & Communications, Namibia, Nigeria, Rwanda, South Africa, Tanzania, Uganda, Zimbabwe This e-bulletin highlights key legislative and regulatory developments in the technology, media and telecommunications sectors in sub-Saharan Africa. This issue covers the period 16 April 2020 to 15 July 2020 includes developments Botswana, Ethiopia, Eswatini, Gambia, Ghana, Kenya, Namibia, Nigeria, Rwanda, South Africa, Tanzania, Uganda and Zimbabwe. Botswana Botswana Communications Regulatory Authority intervention towards COVID‑19… Read More
0 282020Jul African Court holds Article 41(7) of Constitution violates African Charter In Local Investment Laws and Indigenisation, Tanzania The African Court on Human and People’s Rights (the Court) has today, 15 July 2020, delivered a landmark judgment in the case of Jebra Kambole (Applicant) v United Republic of Tanzania (Respondent State). The Applicant was challenging the legality of Article 41(7) of the Constitution which states: “When a candidate is declared by the Electoral… Read More
0 282020Jul Constitutional Court weakens a key defence for respondents in historical competition cases In Competition/Antitrust, South Africa The recent decision by the Constitutional Court in the case involving the Competition Commission and Pickfords Removals has significant implications for respondents in historical competition cases, namely cases where the anti-competitive conduct ceased more than three years before the Commission initiated a complaint. Section 67 (1) of the Competition Act previously provided that a complaint… Read More
0 232020Jul Court of Appeal decision expounds on implications of unlawful dismissals on salary loans In Labour & Employment, Uganda The Industrial Court is a specialized court established to determine employment matters in Uganda. In 2014, one of the matters heard by the Court was Florence Musumba vs. Uganda Development Bank Labour Dispute Claim 138 of 2014. Some of the findings of the Court included: the distinction between dismissal and termination of employees, the obligation to… Read More