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ENSafrica | February 2023

ChatGPT is promising (or threatening) to reinvent the way people work in a multitude of industries. How will this transformation affect the legal industry - are there risks to using it? ChatGPT is an artificially intelligent language model designed to give human-like responses to various questions and prompts. Released by OpenAI in November 2022, the platform quickly gained immense popularity, reaching over one million users within five days of its release ...

AELEX | February 2023

The National Pension Commission (PENCOM) recently introduced a new category of fund which complies with sharia principles of investment. The Non-Interest Fund (Fund VI) permits pension contributors and retirees to choose the preferred investment portfolio they would want their pension contributions remitted to ...

ENSafrica | February 2023

The exponentially rising hydrogen trend attracted not only hydrogen veterans to the World Hydrogen Congress in Rotterdam, but also the fossil fuel industry. Big oil giants, such as Shell and Total Energies, were major sponsors of the event and eagerly presented their new green ambitions on the showroom and the stage ...

AELEX | February 2023

The most common form of legal practice in Nigeria is the one-man practice this could be in the form of either a sole practitioner or a sole proprietorship arrangement. In the sole practitioner arrangement, there is only one lawyer who is the owner of the firm while all other staff in the office are not lawyers but support staff. In the sole proprietorship arrangement, the lawyer - owner employs other legal practitioners to assist him in his practice ...

AELEX | February 2023

There are currently over 4000 (four thousand) cryptocurrencies in circulation and about 51,200,000 (fifty-one million, two hundred thousand) active traders of cryptocurrency around the world. With the proliferation of cryptocurrency and the associated technology that backs it, innovators have begun to take advantage of the multifunctional nature of cryptocurrency and have created products that could change or disrupt traditional banking and finance ...

AELEX | November 2022

Contactless payments offer a convenient and, where proper safeguards are introduced, significantly safer payment method. With projections that Contactless Payments will reach a global value of USD164 ...

ENSafrica | November 2022

Tackling base erosion and profit shifting remains a priority for the National Treasury and the South African Revenue Service (“SARS”). It was recently reported that in the 2021 fiscal year, SARS dealt with 345 cases of transfer pricing, base erosion and profit shifting to the value of almost ZAR12-billion. Yet, only three South African courts have dealt with transfer pricing ...

ENSafrica | November 2022

You may have seen news items discussing a South African copyright case that deals with blind people’s rights to access books. It’s perhaps not that easy to follow, so we’ll try to make it as simple as possible. South African copyright law has been slow to evolve The South African Copyright Act dates back to 1978 ...

ENSafrica | November 2022

In recent articles, we’ve discussed some of the IP implications of the Metaverse, cryptocurrency, and non-fungible tokens (“NFTs”). But when it comes to securing IP protection, what is really involved? This article provides background to these concepts and deals with some of the nitty-gritty as far as IP protection is concerned ...

ENSafrica | November 2022

THE LINDT BUNNY The company Lindt & Sprungli is the maker of the famous Lindt chocolate bunny. The product comprises chocolate in the shape of a squatting bunny, wrapped in gold foil with a red ribbon and a small bell. The chocolate bunny is a very big seller around Easter time, with sales in the tens of millions ...

ENSafrica | November 2022

In this article, we’ll discuss three copyright-related stories that have made headlines and contain some interesting lessons. ED SHEERAN (YES, AGAIN) We recently discussed the well-publicised case where Ed Sheeran successfully fought off a UK High Court copyright claim relating to his song Shape of You. When the verdict was announced, Sheeran said that he hoped that there would be no more “baseless” copyright claims ...

ENSafrica | November 2022

In November  2022, South Africa is expected to present a report to the Financial Action Task Force (“FATF”) on the steps it has taken to address the shortcomings identified in the Mutual Evaluation Report concluded last year ...

ENSafrica | October 2022

  Due to the impact of the COVID-19 pandemic, many employers have seen an increased demand for international remote working arrangements. We have briefly touched upon the OECD guidelines relevant to these arrangements in a prior article ...

ENSafrica | October 2022

Alleged base erosion and profit shifting activities of multinational enterprises (“MNEs”) have been a hot issue globally and therefore the chances of an MNE being confronted with a transfer pricing audit have increased substantially over the last few years ...

ENSafrica | October 2022

On 6 October 2022, as part of the ongoing work of the OECD/G20 Inclusive Framework (“IF”) on Base Erosion and Profit Shifting (“BEPS”) to implement the Two-Pillar solution to address the tax challenges arising from the digitalisation of the economy, the OECD released its progress report for comment. Background The report was prepared for the purposes of obtaining further input from stakeholders on the administration and tax certainty aspects of Amount A ...

ENSafrica | October 2022

What are the legal consequences of an employee continuing to work after the employee has reached the agreed upon retirement age? Does a new contract of employment come into force or does the old contract continue operating?  Can an employer still terminate employment on the basis that the employee has reached (and passed) their retirement age? These questions have been the subject of much debate over the years ...

ENSafrica | October 2022

With many clients moving towards cloud computing models and looking to outsource certain components of their business to cloud service providers, we often get asked to advise on the legal risks associated with opting for a single-cloud strategy versus a multi-cloud strategy. A company is reliant on one cloud vendor to provide all elements of the cloud solution if it opts for a single-cloud strategy ...

ENSafrica | October 2022

On 25 August 2022, the Minister of Communications and Digital Technologies published the Films and Publications Amendment Regulations, 2022, (“Regulations”) which came into effect on 2 September 2022. The Regulations provide clarity and guidelines regarding the implementation of the Films and Publications Amendment Act, 2019 that came into force on 1 March 2022 ...

ENSafrica | October 2022

On 14 October 2022, the Minister of Finance, Enoch Godongwana, in terms of the Financial Intelligence Centre Act, 2001 (“FICA”) made amendments to the Money Laundering and Terrorist Financing Control Regulations, 2002, which will come into force on 14 November 2022. In terms of these amendments, the prescribed amount for reporting cash transactions under section 28 of FICA to the Financial Intelligence Centre has increased from ZAR24 999 to ZAR49 999.99 ...

ENSafrica | October 2022

It has been a little over a year since the Financial Action Task Force (“FATF”), an international initiative established to combat money laundering published its Mutual Evaluation Report (“MER”) on South Africa in which it identified major “weak spots” in our compliance processes. The FATF gave the country a deadline of February 2023 to remedy all the deficiencies or face possible grey listing ...

ENSafrica | October 2022

The modern world of technology has undoubtedly changed the manner in which we collect evidence as well as the types of evidence relied on in arbitration proceedings and trials. One such example is the increased use of digital and printed evidence. The reliance on computerised data and its credibility was explored in the recent case of Eskom Holdings SOC Limited v Ravichandran Reddy. In this matter, Mr Reddy, a zone manager at Eskom, was a beneficiary of Eskom’s managerial car scheme ...

ENSafrica | October 2022

In Ismail v Life Entabeni Hospital, the Commission for Conciliation, Mediation and Arbitration (“CCMA”) had to decide whether an employee had been unfairly discriminated against on the basis of her religion as a result of the employer’s “bare below the elbow” policy (“BBE policy”) which did not permit the wearing of long sleeves by those employees working in general wards and the ICU ...

ENSafrica | October 2022

S African countries grapple with the measures necessary to meet their nationally determined commitments (“NDCs”) under the Paris Agreement, it is critical to be primed to attract sustainable finance, and for central banks and regulators in each country to create a fertile environment for this redirection of capital ...

ENSafrica | October 2022

Most people know that Facebook is now Meta, following a well-publicised rebrand in 2021. According to an article that appeared in the publication IP Planet: “the main goal was for this name to fit better with future developments of the company, and in particular with the emergence of the metaverse as a new virtual world.” Image source: Unsplash We reported back in 2021 on the emergence of the Metaverse ...

ENSafrica | October 2022

In this article, we look at three IP-related matters that have come up recently. THREATS - BREACH OF CONFIDENCE / PRIVATE INFORMATION   There’s been an interesting UK court decision dealing with breach of confidence: Clearcourse Partnership and others v Jethwa (2022). In this case, a party involved in a business sale heard and used information that he was not supposed to hear ...

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