0 242021Feb Minister Patel clarifies his views on employee share ownership programmes and broad based ownership schemes In General Business Law, Local Investment Laws and Indigenisation, South Africa A new Broad-Based Black Economic Empowerment (“BBBEE“) initiative was announced by Coca Cola on 5 February 2021. The initiative involves an Employee Share Ownership Programme (”ESOP“). At the announcement, the Minister of Trade and Industry, Ebrahim Patel, clarified his views on ESOPs and Broad-Based Ownership Schemes (“BBOS“). He noted that – there were two types… Read More
3 232021Feb The African Continental Free Trade Area and the Regional Economic Communities (Focus on ECOWAS) In Africa, General Business Law, Guinea Conakry, Local Investment Laws and Indigenisation Article by Amadou Barry Ismael Traoré of Thiam & Associes – Guinea Conakry In order to implement the largest free trade area with 1.2 billion consumers and approximately US $2.5 trillion GDP, the AfCFTA was recently ratified by 54 out of 55 countries (excluding Eritrea). One of its purpose is to eliminate tariffs on nearly… Read More
1 222021Jan LEX Africa welcomes new members for Egypt and Mali In Egypt, General Business Law, LEX Africa, Mali It gives us great pleasure to announce that two new members have joined the LEX Africa Alliance! Marghany Advocates (Egypt) and Satis Partners (Mali) Marghany Advocates is based in Cairo and is one of the leading corporate law firms in Egypt. They are recognised for their role in numerous landmark multi-jurisdictional, cross border transactions and… Read More
0 242020Nov Broad-Based Black Economic Empowerment (“BBBEE”) pre-qualification criteria for state tenders declared invalid In General Business Law, South Africa Broad-Based Black Economic Empowerment (“BBBEE”) pre-qualification criteria for state tenders declared invalid The Supreme Court of Appeal (“SCA“) has declared that the Preferential Procurement Regulations (“Regulations“) issued by the Minister of Finance in 2017 are invalid. The Regulations were issued in terms of the Preferential Procurement Policy Framework Act (“PPPFA“) and allowed governmental, parastatal and… Read More
0 232020Nov Lesotho’s new licensing regulations slam door on efforts to make it easier to do business In General Business Law, Lesotho Hopes that new legislation would make Lesotho’s business environment easier to operate in – thereby attracting new foreign investment – have been stymied by the subsequent publication of regulations that contradict the Act and continue to restrict many business activities to indigenous Basotho people. The introduction of “risk-based” business licensing and flexible business regulations were… Read More
0 202020Oct How to protect trade secrets in Lesotho In General Business Law, Lesotho A trade secret is defined as information, including a formula, pattern, compilation, program device, method, technique, or process, that: (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and… Read More
0 202020Oct Nigeria: Covid-19 Pandemic and the doctrines of Force Majeure and frustration of Contract: Impact on Commercial Contracts In General Business Law, Nigeria Introduction: The Covid-19 pandemic has become one of the most serious threats to global markets and international trade seen in recent times with the attendant job losses and many businesses facing insolvency or bankruptcy coupled with the crash of the global stock exchanges. The pandemic has squeezed both supply and demand with vast numbers of… Read More
0 282020Sep MV Wakashio Oil Spill in Mauritius: A legal perspective. In General Business Law, Mauritius Mauritius has witnessed an unprecedented Oil Spill following the wreck of MV Wakashio, a large cape size bulk carrier which was built by the Universal Shipbuilding Corporation of TSU in Japan. The oil spill occurred in the South of Mauritius, more precisely offshore of Pointe d’Esny after the bulk carrier ran aground on a coral… Read More
0 142020Jul The important role of Regional Courts in the African Continental Free Trade Area In Africa, General Business Law The Mseto judgment by the East African Court of Justice The African Continental Free Trade Area (“AfCTA”) has raised the prospect of greater trade, investment and economic development between African states. The success of its implementation (and its credibility in the eyes of both local and foreign investors) will depend to a large degree on… Read More
2 92020Jun A legal perspective of Covid-19 in Mauritius In General Business Law, Healthcare & Life Sciences, Labour & Employment, Mauritius The Covid-19 pandemic has not only caused a serious concern to people’s health but has drastically changed our economic, social and business environments. Mauritius has imposed a total lockdown since 24 March with a view of ensuring the safety of the population and to prevent the spreading of the virus since the first three cases… Read More