Mergers and Acquisitions in Zimbabwe: Navigating Public Interest Considerations
The Supreme Court of Appeal’s recent judgment in Competition Tariff Commission v Ashram Investments (Private) Limited & Others (delivered on October 3, 2024) provides crucial clarity on mergers that contravene public interest in Zimbabwe. This landmark decision interprets the Competition Act [Chapter 14:28], which regulates mergers and acquisitions to ensure they do not harm competition […]
Zimbabwean companies obliged to re-register under new electronic filing system
The Companies and Other Business Entities Act [Chapter 24:31] (the Act) was gazette on the 15th day of November 2019 and came into force on the 13th day of February 2020, replacing the previous Companies Act [Chapter 24:03] and the Private Business Corporations Act [Chapter 24:11]. The Act, among other issues, aimed to modernize and streamline […]
Tax Law In Zimbabwe: Key Takeaways From The Delta V Zimra Case
On the 9th day of January 2024, the Supreme Court of Zimbabwe handed down a seminal decision in the dispute between Delta Corporation Limited v Zimbabwe Revenue Authority (ZIMRA) under Judgment No: 62/24. The decision by the Supreme Court provides key insights that companies and other business entities operating in Zimbabwe should be mindful of […]
Introduction of Special Capital Gains Tax In Zimbabwe
Section 26(3) of the Finance Act No. 13 of 2023 provides, inter alia that: (3) There is hereby chargeable a special capital gains tax on the transfer of a mining title, being a tax on the value of any transaction concluded within or outside Zimbabwe whereby any mining title: (4) In amplification of subsection (3): […]
Technology Media & Telecommunications in Africa update
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 2023 to 15 July 2023 and includes developments from Eswatini, Ethiopia, Ghana, Kenya, Lesotho, Malawi, Mauritius, Mozambique, Namibia, Nigeria, Rwanda, South Africa, Seychelles, Tanzania, Uganda, Zambia and Zimbabwe. eSwatini Notice […]
The role of Intellectual Property rights in the success of the African Continental Free Trade Agreement (AFCFTA)
Article compiled by Tanaka Kachara, Associate at Zimbabwean member firm, Scanlen & Holderness. What is the African Continental Free Trade Agreement? The AfCFTA is the world’s largest free trade agreement[1] bringing together the fifty-five countries which make up the African Union[2]. For purposes of completion, a free-trade agreement is defined as an arrangement between two […]
Africa well positioned to benefit from global green mineral boom
Africa is home to some 30% of the world’s mineral reserves, 8% of its natural gas reserves, and 12% of its oil reserves, according to the United Nations. It also has 40% of the world’s gold, up to 90% of its chromium and platinum, and the largest reserves of cobalt, diamonds, platinum and uranium in […]
Intellectual Property Rights in Mergers and Acquisitions
Article compiled by Tanaka Kachara, Associate at Scanlen & Holderness WHAT ARE MERGERS AND ACQUISITION? A merger is defined in the Companies and other Business Entities Act as an amalgamation or consolidation of two or more companies which in turn means the joining of one or more companies into another existing company.[1] The Competition Act […]
The fundamentals of intellectual property rights in Zimbabwe
Article compiled by Tanaka Kachara, Associate at LEX Africa member firm Scanlen & Holderness. The past few decades have seen changes where economic success is influenced by knowledge-based industries and businesses commonly referred to as intellectual property. Competition in the modern economy has intellectual property at its core. This dynamic has significantly increased the need […]
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, […]
