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ENSafrica | April 2020

The Draft Disaster Management Tax Relief Administration Bill, 2020 (“Bill”) was released for public comment on 1 April 2020 and once signed into law, will take effect from that date ...

ENSafrica | April 2020

Some reports claim that as many as one third of people around the world are subject to some degree of lockdown to stem the coronavirus (COVID-19) rate of infection. As a result, businesses everywhere are facing unprecedented circumstances that most of us would agree could never have been imagined, and certainly not anticipated, in negotiating a contract ...

ENSafrica | April 2020

What are we to make of the comedian who changed his name to that of a well-known brand? A British comedian by the name of Joe Lycett recently changed his name to Hugo Boss – he did this formally, as in by deed poll. Hugo Boss is, of course, a very well-known fashion brand. The company, which was formed in Germany in 1924 and named after its founder, made uniforms for the German army during World War 2 but changed its focus, somewhat, in the post-war years ...

ENSafrica | April 2020

The Ugandan Minister of Health has issued the Public Health (Control of COVID-19) (No. 2) Rules, 2020 (“the Rules”) in addition to the previously published statutory instruments (discussed here) ...

ENSafrica | April 2020

On 1 April 2020, the Supreme Court of Appeal (“SCA”) granted an appeal against an order of Acting Justice Kose in the Cape Town High Court in favour of The Agricultural Research Council (ARC) (Bergh and Others v The Agricultural Research Council (Case no 93/2019) [2020] ZASCA 30). The appeal was against an order interdicting the appellants from infringing the ARC’s copyright in the BeefPro computer program and from unlawfully competing with the ARC ...

ENSafrica | April 2020

The Business Laws (Amendment) Act, 2020 (the “Act”) was assented to by the President on 18 March 2020, introducing several significant changes to various existing laws, improving the ease of doing business ...

ENSafrica | April 2020

A recent report published by the White House Council of Economic Advisers (“CEA”) on drug pricing in the United States of America has put the cost of medicine and the access thereto by the poor, firmly back in the spotlight, and on a global scale. In the CEA report, President Donald Trump’s administration argues that the USA pays higher prices for pharmaceuticals because other developed countries have systems in place to actively force down drug pricing ...

ENSafrica | April 2020

A fierce fight for the leadership of the World Intellectual Property Organisation (”WIPO”) reflects an ever-growing recognition of the importance of IP. The US has seemingly secured a major victory in its quest to prevent a Chinese official from becoming the director general of WIPO. It has achieved this by backing a candidate from Singapore, Daren Tang, the head of the Singapore Intellectual Property Office ...

ENSafrica | April 2020

Disputes arising from an employer’s failure to promote an employee have become an established feature in South African workplaces, especially in the public sector. They have also been the subject of a large number of arbitrations by virtue of the provisions of section 186 (2)(a) of the Labour Relations Act, 1995 (“LRA”). This section provides that the definition of an unfair labour practice includes unfair conduct by an employer relating to the promotion of an employee ...

ENSafrica | April 2020

South Africa is in lockdown in the face of the coronavirus (COVID-19) outbreak, and although we aren’t able to meet face-to-face over this period, we know how important it is to stay in touch, and we will continue to keep you up-to-date on recent tax developments. In this regard, it feels like a lifetime ago that the South African Minister of Finance delivered his 2020 Budget Speech on 26 February 2020 ...

ENSafrica | April 2020

South Africa is a party to a number of international environmental agreements, including the UN Framework Convention on Climate Control (“UNFCCC”), 1992, the Kyoto Protocol, 1997 and the Paris Agreement. In terms of the Paris Agreement, governments have made a commitment to ensure that global average temperatures remain below 2°C above pre-industrial levels. For South Africa, a country that relies heavily on fossil fuels to generate energy, this is a mammoth task ...

ENSafrica | April 2020

A recent posting by United Kingdom IP firm Beck Greener discusses a very interesting European Union case involving sound marks. If you have any interest in trade marks, you will know that trade marks can take many forms. Although most trade marks are words or logos, trade marks can be all sorts of things… straplines (slogans), product shapes, store layouts colours, sounds, smells or tastes. But many of these more exotic types of trade marks can be difficult to protect ...

ENSafrica | April 2020

Over the past few years, more and more companies have started publishing news content written by artificial intelligence (“AI”) algorithms. This includes Chinese technology giant, Tencent, whose rapid growth has shaped the trajectory of Naspers, the South African company that currently still owns a bit more than 30% of Tencent. Tencent publishes content produced by automated software known as Dreamwriter ...

ENSafrica | April 2020

Why aren’t young influencers taking IP seriously? If you’re over 19 (and you are because you’re reading an article about intellectual property) there’s a good chance that to you “TikTok” is the sound that a clock makes, even though in this case it’s been written by someone who can’t spell. But for younger people, the term has a different meaning altogether ...

ENSafrica | April 2020

On 26 March 2020, directions were issued by the Minister of Home Affairs pursuant to the regulations published in terms of the Disaster Management Act, 2002 to provide temporary measures in respect of entry into or exit out of South Africa in order to prevent and combat the spread of the coronavirus (COVID‑19) ...

ENSafrica | April 2020

On 15 March 2020, the South African President declared a national state of disaster in terms of the Disaster Management Act, 2002. A number of measures have since been implemented by the government to counteract the impact of the coronavirus (COVID-19), and several regulations, directives and guidelines have consequently been published ...

ENSafrica | April 2020

A state of emergency, in order to combat the Coronavirus (COVID-19) epidemic, has been imposed in Mozambique, with effect from 1 April 2020. This follows the Presidential Decree issued by President Filipe Nyusi on 30 March 2020 and ratified by the Mozambican Parliament. This unprecedented state of emergency is intended to last until 30 April 2020 ...

ENSafrica | April 2020

Following the issuing of what has colloquially been called the “Lockdown Regulations” to reduce the impact of the coronavirus (COVID-19) in South Africa, there has been a hasty scramble for essential services to comply with the provisions of the Regulations and to register on the Essential Services Portal ...

ENSafrica | April 2020

In keeping with the promise of government to introduce fiscal measures to address the negative impact of the Coronavirus (COVID-19) pandemic on business, the South African Revenue Service (“SARS”) released Binding General Ruling (VAT) 52 (“BGR 52”), dated 27 March 2020, that extends the prescribed time periods relating to the exportation of movable goods from South Africa ...

ENSafrica | April 2020

Since the declaration of the national state of disaster in South Africa in response to the coronavirus (COVID-19) outbreak, it has been anything but “business as usual” for most professionals. This is equally true for legal practitioners trying to navigate the directives regarding litigation and court process during the national state of disaster ...

ENSafrica | April 2020

In response to the Coronavirus (COVID-19) pandemic, the South African Government has implemented various statutory measures to prevent the potential spread of the disease, and to limit, contain and minimise the risk of exposure of persons within the country ...

ENSafrica | April 2020

Following our previous ENSight on the assistance scheme announced by the Mauritian Prime Minister, the government has decided to extend its scheme to the informal sector and take general measures aiming to facilitate the life of everyone during this crisis. Self-employed individuals Government has offered, to self-employed individuals, financial support amounting to half of the guaranteed income for the period between 16 March 2020 to 15 April 2020 ...

ENSafrica | April 2020

On 31 March 2020, the Department of Environment, Forestry and Fisheries (“DEFF”) published directions (the “Directions”) under the National Disaster Management Act, 2002, to reduce the impact of the coronavirus (COVID-19). The purpose of the Directions is to ensure fair processes with respect to certain environmental laws, as a result of the restrictions placed on the movement of people during the lockdown period ...

ENSafrica | April 2020

On 27 March 2020, the South African Revenue (“SARS”) announced much needed value-added tax (“VAT”) relief on the importation of “essential goods” as part of the coronavirus (COVID-19) tax relief measures. Section 7(1)(b) of the Value-Added Tax Act, 1991 (“VAT Act”) imposes VAT on the importation of any goods into South Africa by any person. In terms of section 7(1), VAT is imposed at the standard rate of 15% ...

ENSafrica | April 2020

On 27 March 2020, the Minister of Mineral Resources and Energy (the “Minister”) published the Amendments to the Mineral and Petroleum Resources Development Regulations (“MPRDA Regulations”) for implementation under GNR.420 inGovernment Gazette43127 (the “Amended Regulations”) ...

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