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ENSafrica | March 2020

Many banks and other financial services businesses and corporates have started preparing for life after the London Interbank Offered Rate (“LIBOR”). We are now less than two years away from the LIBOR and other Interbank Offered Rates (“IBORs”) being discontinued. Global banks are only required to submit LIBOR until the end of 2021. The proposal is to replace LIBOR and other IBORs with (nearly) risk-free rates (“RFR”) in certain major jurisdictions ...

ENSafrica | December 2013

In 2012 the Western Cape High Court handed down a trade mark judgement that raised eyebrows. The facts were that the owner of a farm called Zonquasdrift had a trade mark registration for the mark Zonquasdrift covering wine (but not grapes). The owner of another farm in the area sold wine grapes under its name, Zonquasdrif Vineyards (no ‘t’ at the end) ...

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 | June 2016

Using muti or traditional preparations to intimidate, scare or threaten a colleague constitutes misconduct and employers have the right to “remove such purveyors of darkness from their environment”.This was the outcome of recent arbitration proceedings before the National Bargaining Council for the Sugar Manufacturing and Refining Industry in the case of NASARIEU obo Mngomezulu v Tongaat Hulett Sugar Limited (Darnall) (case no. NBCS5-15, 15 June 2016) ...

ENSafrica | November 2017

In the Labour Court judgment, dated 7 November 2017, of Manyetsa v New Kleinfontein Gold Mine (Pty) Ltd, a pregnant employee claimed she was unfairly discriminated against due to the application of the maternity leave policy of her employer, a gold mining company ...

ENSafrica | October 2018

WTF®: a trade mark perspective on millennial gibberish bySamera Naidoo ICYMI, Proctor & Gamble ("P&G") recently applied to register a whole lot of text/SMS talk abbreviations as trade marks. It caused a real storm and the mainstream press absolutely loved it! FOMOalert! DWAI, I’ll bring you up to speed...what happened here was that P&G applied to register some really unlikely trade marks including WTF, LOL, FML, NBD ...

ENSafrica | February 2017

Yuppies – do they confuse you? Late last year, the South African Supreme Court of Appeal (“SCA”) handed down an important trade mark judgment in Yuppiechef Holdings (Pty) Ltd v Yuppie Gadgets Holdings (Pty) Ltd. The case dealt with that thorny issue that bedevils so many trade mark cases – confusing similarity. The facts were fairly straightforward. Yuppiechef is an online retail business that specialises in kitchen and household goods ...

ENSafrica | May 2014

In a surprise announcement on 21 March 2014, the Zambian government with immediate effect abolished exchange control regulations introduced in 2012 and 2013 in an attempt to halt the rapid devaluation of the Kwacha. When the Movement for Multiparty Democracy (MMD) came to power in Zambia in 1991, the new government’s priorities were the restoration of economic future growth and employment through liberalising the economy and allowing market forces a greater role ...

ENSafrica | May 2019

  Following the Zambia’s Minister of Finance’s announcement in the 2019 Budget that the country’s value-added tax system is to be abolished and replaced with a sales tax system, the Sales Tax Bill (the “Bill”) was presented to parliament for its first reading on 2 April 2019 ...

ENSafrica | June 2014

Members of the Zimbabwe ruling party’s decision making body told Bloomberg in April 2014 that Zimbabwe is considering the reintroduction of the Zimbabwe dollar as it struggles to meet its monthly wage bill. In May Zimbabwe’s Treasury postponed the pay dates for its 230 000 public workers the second time in two consecutive months, after having awarded civil servants a 23% increase in April to honour a 2013 election promise made by President Robert Mugabe and the Zanu PF ...

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