242021Feb
Minister Patel clarifies his views on employee share ownership programmes and broad based ownership schemes

Minister Patel clarifies his views on employee share ownership programmes and broad based ownership schemes

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…

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232021Feb
The African Continental Free Trade Area and the Regional Economic Communities (Focus on ECOWAS)

The African Continental Free Trade Area and the Regional Economic Communities (Focus on ECOWAS)

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…

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242020Nov
Broad-Based Black Economic Empowerment (“BBBEE”) pre-qualification criteria for state tenders declared invalid

Broad-Based Black Economic Empowerment (“BBBEE”) pre-qualification criteria for state tenders declared invalid

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…

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232020Nov
Lesotho’s new licensing regulations slam door on efforts to make it easier to do business

Lesotho’s new licensing regulations slam door on efforts to make it easier to do business

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…

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202020Oct
How to protect trade secrets in Lesotho

How to protect trade secrets in 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…

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202020Oct
Nigeria: Covid-19 Pandemic and the doctrines of Force Majeure and frustration of Contract: Impact on Commercial Contracts

Nigeria: Covid-19 Pandemic and the doctrines of Force Majeure and frustration of Contract: Impact on Commercial Contracts

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…

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