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In the Government Gazette of 14 October 2022, the Competition Commission (the Commission) amended its guideline on small merger notifications (the Guideline). The Guideline comes into effect on 1 December 2022. The Competition Act distinguishes between a small merger, an intermediate merger and a large merger. Large and intermediate merger transactions require mandatory notification and […]
The Expropriation Bill was finally passed by the National Assembly on Wednesday, 28 September 2022. The first version of the Bill was withdrawn in 2008 when the Parliamentary legal advisors concluded that it was unconstitutional for its exclusion of recourse to courts. The next version of the Bill was tabled in 2015 and passed in […]
The Companies Amendment Bill, 2018 (the Bill) was published for public comment on 21 September 2018. Although there is no proposed timeline for the implementation of the Bill, it is important to consider the impact that the proposed amendments will have on corporate governance. The Bill seeks to reduce the amount of red tape […]
The latest Expropriation Bill, which was published in December 2018 (the Bill), has the potential to bring all development in South Africa to a screeching halt. Expropriation without compensation is a contentious issue in South Africa. Everyone appears to accept that South Africa needs to redress the injustices of the past and to do so, the demographic […]
INTRODUCTION The implementation of black economic empowerment transactions in South Africa is becoming increasingly necessary for businesses to survive and the legal issues around these transactions are accordingly of considerable importance to many people. What follows is a summary of key features of the applicable legislation, the Broad Based Black Economic Empowerment Act 53 of […]
Is South Africa heading towards expropriation without compensation? The constitution provides landowners with protection from being arbitrarily deprived of propertywhich may only be expropriated subject to the landowner being compensated. With the promulgation of the Expropriation Bill and the Preservation and Development of Agricultural Land Framework Bill on the horizon, it appears as if the […]
