Dispute resolution practices progressing across the continent
Dispute resolution practices vary in many respects from one African country to another, although some significant similarities are apparent. The latter includes a predominance of preference for litigation in handling disputes, for various reasons, although arbitration is gaining increasing acceptance, while mediation is lagging behind. This was highlighted in the responses LEX Africa received from […]
Jump the gun, bite the bullet: Consequences of failure to notify a merger in Africa
Article by Paul Coetser, Director & Head of Competition, and Sandiso Dhlomo, Candidate Attorney of Werksmans Attorneys, South Africa It is no longer a surprise that many, if not most, African countries now have competition laws. In addition, Africa has five regional economic areas with competition rules. In many of these countries and regional areas, […]
AfCFTA: Key pillars mostly in place for Africa’s ambitious free trade scheme
Just over a year has passed since the African Continental Free Trade Area (AfCFTA) officially kicked off in January 2021, and there are encouraging signs of progress. The ambitious plan to revolutionise trade on the continent is expected to reduce input costs, transport costs, and delays for African exporters in reaching regional and global markets. […]
South Africa lagging behind when it comes to cross-border insolvency
by Eric Levenstein, Director and Head of the Insolvency, Business Rescue & Restructuring Practice and Nastascha Harduth, Director of Werksmans Attorneys Breaking news out of India, is that the Indian Government is about to adopt the United Nations Commission on International Trade Law (UNCITRAL) Model Law of Cross Border Insolvency (Model Law). The Model Law […]
Status of Business Rescue in South Africa
by Eric Levenstein, Director, and Head of Insolvency, Business Rescue & Restructuring practice, and Malachizodok Mpolokeng, Candidate Attorney of Werksmans Attorneys With the year 2021 in the rear-view mirror, one reflects on the Covid-19 pandemic, its associated waves, lockdowns, and restrictions, as well as a struggling world economy, which have all contributed to challenging conditions […]
Technology Media and Telecommunications Africa Quarterly E Bulletin
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 October 2021 to 15 January 2022 and includes developments from Botswana, Cameroon, Eswatini, Ghana, Kenya, Lesotho, Malawi, Mauritius, Mozambique, Namibia, Nigeria, Rwanda, Seychelles, South Africa, Tanzania, Uganda, Zambia and Zimbabwe. Botswana […]
Harnessing the power of renewable energy in Africa
A case of do or die for Africa to reduce its reliance on fossil fuel for generating electricity Africa is estimated to contribute less than 4% to the world’s total greenhouse gas emissions. But global warming will have the most devastating effect on Africa and the livlihoods of its people if the world fails to […]
Renewable energy in the spotlight
With global energy focused on carbon emissions in the run up to COP26, the role of Africa in the energy transition is once again under the spotlight. African policy makers are grappling with big questions about how to move their countries forward, particularly oil and coal producers, many of them under pressure from developed countries […]
Antitrust Litigation in South Africa
The new Chambers & Partners Antitrust Litigation 2021 guide covers 18 jurisdictions. The guide provides the latest legal information on the basis for a claim, burden and standard of proof, class and collective actions, challenging a claim, disclosure and discovery, witness and expert evidence, damages, liability, remedies, funding and costs, and appeals. LEX Africa Chairperson, […]
Burger King merger approved – What role will black ownership play in future mergers?
Article by: Pieter Steyn – Chairperson of LEX Africa, Director Werksmans Attorneys, South Africa The Competition Commission’s prohibition in June 2020 of the sale of Burger King (South Africa) (RF) (Pty) Ltd (“BKSA“) to private equity firm, ECP Africa, caused much interest and concern. It was the first time since the Competition Act came into […]
