https://www.webberwentzel.com//Pages/RSS-Feeds.aspx Webber Wentzel feed en-us Copyright 2020 Sun, 16 Aug 2026 18:30:45 +0200 Sample Code http://server/image.jpg https://www.webberwentzel.com//Pages/RSS-Feeds.aspx 1ce68498-5147-428f-9f02-7bd3b48eda60 9886015b-f534-4ab7-8753-f02618a4b367 https://www.webberwentzel.com//News/Pages/Have-you-asked-the-parents-for-permission-section-115-2-b-approval.aspx Parties generally remember that a company may not implement any of the following transactions, unless the transaction has been approved by a special resolution of the relevant company's shareholders: 2026-07-20T22:00:00Z 2fbeea39-1d7b-4426-af1a-23e4f2d3c805 https://www.webberwentzel.com//News/Pages/the-email-your-non-variation-clause-didnt-sign-up-for.aspx Is your standard non-variation clause as watertight as you think? With the prevalence of electronic communication in everyday business, agreements are increasingly being amended or cancelled, whether intentionally or inadvertently, through digital exchanges. 2026-06-08T22:00:00Z b31bd7c6-e252-4381-b09e-b9cc23520192 https://www.webberwentzel.com//News/Pages/disclosure-obligations-in-the-context-of-cross-border-directorships.aspx Section 75 of the Companies Act (the Act) provides that if a director has a personal financial interest (PFI), or knows that a related person has a PFI, in a matter to be considered at a board meeting, that director must disclose that interest and must subsequently recuse themselves from consideration of the relevant matter. 2026-06-07T22:00:00Z e8891c62-d533-426e-81f9-fc1e428eca69 https://www.webberwentzel.com//News/Pages/new-statutory-remuneration-framework-for-companies-effective-from-22-may-2026.aspx On 22 May 2026, President Cyril Ramaphosa proclaimed amendments to the Companies Act, 2008 (Companies Act) in respect of remuneration disclosures and the audit of remuneration reports. Section 30 has been amended and new sections 30A and 30B, establish a statutory framework for remuneration policies and remuneration reports. 2026-05-21T22:00:00Z 23793442-ba55-43b9-85c9-4ee57077538b https://www.webberwentzel.com//News/Pages/funding-agribusiness-ventures-legal-considerations-for-investors-and-startups.aspx South Africa's agribusiness sector offers substantial investment and entrepreneurial opportunities. Securing capital is often critical for agricultural projects; however, the fundraising process involves meeting sector-specific legal and regulatory requirements that distinguish it from other commercial financing. 2026-03-02T22:00:00Z d895b0a8-6747-40cd-ad4b-56c4cde01540 https://www.webberwentzel.com//News/Pages/recent-guidance-from-the-supreme-court-of-appeal-and-south-gauteng-high-court-on-directors-duties.aspx In Msibithi Investments Pty Ltd and others v African Legend Investment Pty Ltd and others 2025, the Supreme Court of Appeal (SCA) considered directors' fiduciary duties against the backdrop of a governance dispute involving shareholders, directors and affiliates of African Legend Investments Proprietary Limited (ALI) and various commercial transactions concluded between ALI, affiliated entities, including Off the Shelf Investments 56 (RF) Proprietary Limited (OTS56), (of which ALI is the ultimate holding company) and third parties. 2026-02-12T22:00:00Z 12237967-b198-4136-831f-98eab9bc0ed0 https://www.webberwentzel.com//News/Pages/changes-proposed-to-bbbee-rules-on-transformation-fund-and-preferential-procurement.aspx On Thursday, 29 January 2026, the Minister of Trade, Industry and Competition published draft changes to the broad-based black economic empowerment (B-BBEE) Codes of Good Practice (Codes) regarding the proposed Transformation Fund and changes to the way that preferential procurement is measured to incentivise businesses to buy from suppliers that are wholly owned by Black people. 2026-02-02T22:00:00Z 474e5360-e06b-4563-879a-de71bba19d19 https://www.webberwentzel.com//News/Pages/national-treasury-publishes-updated-draft-general-laws-amendment-bill-companies-act-shareholding-disclosure.aspx The Companies Act amendments in the updated draft General Laws Amendment Bill, 2025 remain largely unchanged from the previous version, focusing on the enforcement of shareholding and beneficial ownership and interest disclosure obligations. 2026-01-19T22:00:00Z a5be129e-ceeb-456c-b979-78710b646f22 https://www.webberwentzel.com//News/Pages/adaptive-re-use-legal-challenges-and-opportunities.aspx Adaptive reuse represents a transformative approach to property development that addresses both economic and environmental imperatives in South Africa's built environment. 2025-11-12T22:00:00Z d757f03d-9f2c-4149-bf80-1ee823f05556 https://www.webberwentzel.com//News/Pages/sarb-introduces-new-exchange-control-tax-compliance-requirements-for-dividend-remittances-to-non-residents.aspx The South African Reserve Bank Financial Surveillance Department has introduced changes to the exchange control requirements for income remittances to non-residents, including dividend remittances. 2025-11-12T22:00:00Z 90b02134-ad6c-4d8a-8fdb-ccf477da3e93 https://www.webberwentzel.com//News/Pages/king-v-launched-in-south-africa.aspx The Institute of Directors in South Africa (IoDSA) and the King Committee have launched King V, South Africa's updated corporate governance framework. King V consolidates the 17 principles of King IV into 13, introduces a dedicated standardised disclosure framework, and updates several recommended governance practices. 2025-11-03T22:00:00Z 46064999-0961-49cb-ac9c-c50e39ad01e1 https://www.webberwentzel.com//News/Pages/navigating-change-of-control-legal-and-commercial-considerations.aspx In a South African company law context, a change of control refers to the acquisition or establishment of direct or indirect control over the whole or a part of another company’s business. 2025-10-28T22:00:00Z 29dcf2ae-db7e-4b8e-9de1-b6fa163572e5 https://www.webberwentzel.com//News/Pages/ai-represents-the-next-horizon-for-esg.aspx Artificial Intelligence (AI) is advancing at an unprecedented pace globally. The exceptional growth of data and the rapid adoption of AI technologies are reshaping industries. 2025-10-23T22:00:00Z b49efc55-b5be-4ba0-9565-d05cbf1c8c95 https://www.webberwentzel.com//News/Pages/ai-in-hospitality-navigating-the-enhancement-revolution.aspx The hospitality market is experiencing unprecedented growth in artificial intelligence (AI) investment, reflecting the industry's recognition that AI offers substantial opportunities to enhance guest experiences and operational efficiency. 2025-10-13T22:00:00Z 121dbc58-1f0e-499b-a4f2-bb1911e82a8f https://www.webberwentzel.com//News/Pages/supply-chain-disruptions-tailoring-the-force-majeure-clause-to-agricultural-realities.aspx In our previous article, Supply Chain Disruptions: Legal Strategies for Managing Risks in Agribusiness, we explored the unique challenges that make agricultural supply chains particularly susceptible to shocks, from climatic events to regulatory changes. 2025-09-30T22:00:00Z 7e7ceef3-a95f-4ce9-a307-eb663fe7d535 https://www.webberwentzel.com//News/Pages/webber-wentzels-contribution-to-linklaters-global-guide.aspx Webber Wentzel contributed to Linklaters' updated global guide on public M&A. The updated guide considers questions that commonly assist on public M&A deals in over 20 major markets and also focuses on issues that may surprise overseas bidders. 2025-09-30T22:00:00Z a4a4f61f-06da-4f69-831b-ee2a9bff6986 https://www.webberwentzel.com//News/Pages/supply-chain-disruptions-legal-strategies-for-managing-risks-in-agribusiness.aspx Agribusiness supply chains are, by their very nature, among the most disruption-prone in the world. Unlike industrial manufacturing, where companies can stockpile parts or reconfigure production lines to adapt to shortages, agriculture operates on biological and seasonal timetables. 2025-09-28T22:00:00Z 342273e7-3bdd-4097-b304-9e981132b352 https://www.webberwentzel.com//News/Pages/mergers-and-acquisitions-in-the-food-industry-legal-trends-and-considerations.aspx The global food industry has experienced significant transformation in recent years, driven by evolving consumer preferences, technological advancements and economic factors. Mergers and acquisitions (M&A) have become pivotal strategies for companies seeking to enhance their market position, diversify product offerings and achieve economies of scale. 2025-08-27T22:00:00Z cfe91962-b91e-477d-9c59-c26a2b3fdabe https://www.webberwentzel.com//News/Pages/death-of-a-trustee-and-the-automatic-lapsing-of-mandates.aspx Mandates are a useful tool for a person (including companies and trusts) to engage an agent to perform a service for them when it is impractical, inconvenient or difficult to perform the service themselves. 2025-08-21T22:00:00Z 2ded9e86-2498-4478-92ac-0fba1e0f37b9 https://www.webberwentzel.com//News/Pages/beyond-the-balance-sheet-contextualising-the-costs-and-benefits-of-b-bbee.aspx The current media debate around Broad-Based Black Economic Empowerment (B-BBEE) has brought fresh attention to the policy’s impact on the economy – raising important questions about its effectiveness, costs and outcomes. 2025-07-23T22:00:00Z 4d67323b-f385-4df3-89dd-34404244ce12 https://www.webberwentzel.com//News/Pages/companies-amendment-acts-of-2024-a-deep-dive-into-the-newly-introduced-director-prescribed-officer-remuneration-provisions.aspx The Companies Amendment Acts of 2024 (Amendment Acts) were signed into law on 30 July 2024. The Amendment Acts aim to enhance the ease of doing business by clarifying, simplifying, and strengthening certain sections of the Companies Act 71 of 2008 (Companies Act), while also improving transparency and disclosure requirements for companies. 2025-04-01T22:00:00Z a0ba9c73-134e-41d6-ade7-05c17cdf9faa https://www.webberwentzel.com//News/Pages/key-amendments-to-the-companies-act.aspx Specific sections of the Companies Amendment Act, 2024 and the entire Companies Second Amendment Act, 2024 (collectively, Companies Amendment Acts, 2024) came into effect on 27 December 2024. The Companies Amendment Acts, 2024 introduce several changes to the Companies Act, 2008 (Companies Act). 2025-03-16T22:00:00Z e72f75f7-1c08-4dc3-8dd5-098c637af9c8 https://www.webberwentzel.com//News/Pages/webber-wentzel-welcomes-charles-smith-as-partner-in-the-corporate-business-unit.aspx Webber Wentzel is pleased to welcome Charles Smith as a partner in its Corporate Business Unit. Charles brings a wealth of experience in corporate transactions, including takeover bids, mergers and equity raises, with a strong focus on cross-border deals. 2025-03-12T22:00:00Z 70c65521-1a4e-4908-9ff0-065c5df96222 https://www.webberwentzel.com//News/Pages/south-africa-is-making-moves-to-become-an-important-ev-manufacturer-in-the-future.aspx A year ago, South Africa was mired in loadshedding, with the importance and relevance of electric vehicles (EVs) far from the public imagination. How can a country that struggles to keep the lights on dedicate time and resources to building out an EV future? 2025-03-03T22:00:00Z 5bcaaa7d-5585-41a8-b335-9478a5812e6d https://www.webberwentzel.com//News/Pages/king-v-draft-published-for-public-comment.aspx On 24 February 2025, the Institute of Directors (IoDSA) published a draft King V Code on Corporate Governance for South Africa and an accompanying glossary and disclosure template (collectively, the King V Draft) for public comment. 2025-02-25T22:00:00Z 38c325b3-a0d1-4642-9c1e-daf60d61bee3 https://www.webberwentzel.com//News/Pages/legal-dispute-over-performance-guarantee.aspx In the notable case of Aveng (Africa) (Pty) Ltd and Strabag International GmbH v South African National Roads Agency SOC Ltd and Another (Case no. 577/2019) [2020] ZASCA 146), the Supreme Court of Appeal (SCA) of South Africa addressed a significant dispute regarding a performance guarantee in a major construction project. 2025-02-24T22:00:00Z 6aac2e3b-b965-4b5c-b216-666fcc7db6da https://www.webberwentzel.com//News/Pages/webber-wentzel-celebrates-multiple-wins-at-the-2024-dealmakers-annual-awards.aspx Webber Wentzel has once again been recognised for excellence at the 2024 DealMakers Awards, held on 18 February 2025. These prestigious awards honour South Africa’s top legal and financial advisers and celebrate outstanding achievements across the industry. 2025-02-18T22:00:00Z d6f8ac62-8fd4-409f-b379-9911591a3c92 https://www.webberwentzel.com//News/Pages/webber-wentzel-celebrates-its-chambers-global-2025-rankings.aspx ​​​Webber Wentzel has once again affirmed its position as a leading law firm in South Africa with outstanding results in the Chambers Global 2025 rankings. The firm has secured 15 Band 1 category rankings, maintaining its status as the top-ranked Band 1 firm in the country. 2025-02-13T22:00:00Z 6e4543e2-a094-4441-ae99-11f48690e9d2 https://www.webberwentzel.com//News/Pages/certain-amendments-to-the-companies-act-now-in-effect-a-quick-reference-guide.aspx Specific sections of the Companies Amendment Act, 2024 and the entire Companies Second Amendment Act, 2024 (collectively, Companies Amendment Acts, 2024) came into effect on 27 December 2024. 2025-01-21T22:00:00Z c958781f-2622-42a0-bdc2-59706e26cc28 https://www.webberwentzel.com//News/Pages/national-treasury-proposes-further-companies-act-amendments-in-connection-with-disclosure-of-companies-shareholding.aspx On 19 December 2024, the National Treasury published the Draft General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill, 2024 (Draft Bill) for public comment. 2025-01-13T22:00:00Z 7620c1ce-0073-4087-8225-2a5fa3841a76 https://www.webberwentzel.com//News/Pages/contingent-value-rights-bridging-the-valuation-gap-in-public-m-and-a.aspx South Africa is not immune to the global mergers and acquisitions (M&A) valuation gap between the price sellers are willing to accept and that which purchasers are willing to pay. 2024-12-09T22:00:00Z ca188845-dffd-452b-8169-decb0c14d4ca https://www.webberwentzel.com//News/Pages/the-transformative-power-of-employee-share-ownership-policies-esops.aspx Employee share ownership policies (ESOPs) in the current labour environment are far more than a passing trend; they are a transformative tool that simultaneously impact several areas of a business. 2024-11-20T22:00:00Z 5b2491eb-7fc7-4925-a831-6fe6f3970ccc https://www.webberwentzel.com//News/Pages/botswana-a-new-era-of-governance-and-investment.aspx The political landscape in Botswana has shifted significantly with the recent electoral success of the Umbrella for Democratic Change (UDC), which ended 58 years of rule by the Botswana Democratic Party (BDP). 2024-11-20T22:00:00Z 641b3ba9-17d8-4acf-b358-625e6f736481 https://www.webberwentzel.com//News/Pages/understanding-statement-102-within-south-africas-bbbee-framework.aspx The Broad-Based Black Economic Empowerment Act of 2003 is an important part of the South African legal landscape. One aspect of the Act used to measure compliance with the Act is how businesses are classified according to their B-BBEE level, ranging from the highest, Level 1, to the lowest, Level 8 (or worse, non-compliance). 2024-11-10T22:00:00Z f13c3b21-d0fd-4463-a23d-866331a41dc0 https://www.webberwentzel.com//News/Pages/have-you-tried-using-a-contingent-value-right.aspx A contingent value right (CVR) is a type of instrument or arrangement that creates an obligation on a purchaser to pay a seller additional consideration on the occurrence of a pre-agreed future event – the instrument can be structured as tradeable or non-tradeable. 2024-11-03T22:00:00Z 8721a60c-a110-4735-a14f-00179e64727a https://www.webberwentzel.com//News/Pages/chambers-and-partners-corporate-m-and-a-2024-key-trends-and-insights.aspx Despite a slowdown in 2023, South Africa's M&A market is primed for growth. 2024-09-18T22:00:00Z c463b195-f455-4354-9161-4d39d0f100fd https://www.webberwentzel.com//News/Pages/on-the-cusp-of-important-company-law-changes-companies-amendment-acts-gazetted.aspx The long-awaited amendments in the Companies Amendment Bills, 2023 have been signed into law and published in the Government Gazette as Acts of Parliament. The Companies Amendment Act, 2024 includes provisions to enhance transparency and provide for more disclosure by companies. The Companies Second Amendment Act, 2024 extends the time bars applicable to applications for director delinquency and proceedings to recover loss due to director liability. 2024-07-30T22:00:00Z a5db18c8-c02b-4ca1-9fb0-6613d7dba1ab https://www.webberwentzel.com//News/Pages/shortlisted-for-excellence-webber-wentzel-among-frontrunners-for-the-2024-african-legal-awards.aspx Webber Wentzel has been shortlisted in an impressive 19 categories at the prestigious African Legal Awards. This recognition underscores the firm's commitment to excellence and its leading role in the African legal landscape. 2024-07-08T22:00:00Z cb192172-b9bc-410c-a8e0-276b80c66775 https://www.webberwentzel.com//News/Pages/strategic-structuring-the-keystone-of-startup-success.aspx In the fast-paced world of startups, particularly those breaking new ground, the excitement of innovation and market disruption often takes centre stage. However, amidst this buzz, it's crucial for startups to prioritise their foundational business structures from the outset. Working with entrepreneurs for over 25 years, it's clear that that meticulous initial structuring is a key linchpin for long-term success. 2024-05-22T22:00:00Z 55c3b51e-e8e5-4d8f-a244-73c8b7b9f074 https://www.webberwentzel.com//News/Pages/commercial-and-legal-developments-in-south-africas-hospitality-leisure-and-sports-industries.aspx In 2023, South Africa's hospitality, leisure, and sports industries experienced significant commercial and legal developments. 2024-05-07T22:00:00Z 36eb4dd6-7b97-4c27-8cf1-bf24d3115dd7 https://www.webberwentzel.com//News/Pages/navigating-new-norms-the-mprda-and-its-impact-on-future-mining-investments-in-south-africa.aspx The introduction of the Mineral and Petroleum Resources Development Act (MPRDA) in 2004 marked a transformative shift in South Africa's mining landscape. This pivotal legislation redefined mineral resource management, transferring mineral rights from private entities to state custodianship. Its goal was to facilitate equitable access and redistribute mineral wealth. However, two decades later, as global mining companies eye significant acquisitions in the region, the implications of the MPRDA on investment dynamics have come under renewed scrutiny. 2024-05-01T22:00:00Z 354683b4-56db-4777-8139-3e8b07403824 https://www.webberwentzel.com//News/Pages/the-jse-moves-forward-with-its-market-segmentation-proposals.aspx To enhance transparency, competitiveness, fairness and efficiency, the Johannesburg Stock Exchange (JSE) proposes to introduce a market segmentation model for the JSE Main Board. This would create two segments: Main Board Prime and Main Board General. The Main Board General segment would offer several less onerous listing obligations for companies listed in this segment. 2024-04-29T22:00:00Z fd2dd75b-42d1-462a-be6a-5683f52f0ea4 https://www.webberwentzel.com//News/Pages/webber-wentzel-triumphs-at-the-2024-iflr-africa-awards.aspx On Thursday, 11 April 2024, Webber Wentzel received several prestigious accolades at the IFLR Africa Awards 2024. 2024-04-11T22:00:00Z 9eaa9781-9340-4074-8769-be920ba36547 https://www.webberwentzel.com//News/Pages/third-reminder-from-the-companies-and-intellectual-property-commission-on-beneficial-ownership-filings-hard-stop-restrictio.aspx A third customer notice from the CIPC reminds companies of their beneficial ownership and beneficial interest disclosure obligations and reiterates that from 15 April 2024, companies will not be able to file annual returns unless the relevant information has been submitted. 2024-04-07T22:00:00Z 94607617-dfb7-4795-bbea-ea74ddd08e5a https://www.webberwentzel.com//News/Pages/partnership-between-the-fsca-and-bbbee-commission-in-pursuit-of-transformation-in-the-financial-sector.aspx On 5 March 2024, the Financial Sector Conduct Authority announced a Memorandum of Understanding with the Department of Trade, Industry and Competition’s Broad-Based Black Economic Empowerment Commission. 2024-04-03T22:00:00Z 2839028f-4ca0-4b23-8666-4883a6930f0f https://www.webberwentzel.com//News/Pages/a-snapshot-of-the-key-amendments-in-the-companies-amendment-bills-2023.aspx South Africa's Parliament has passed the Companies Amendment Bills, 2023. The Companies Amendment Bill, 2023 includes provisions to enhance transparency and provide for more disclosure and governance of executive remuneration. 2024-04-03T22:00:00Z 2f4e0756-5d51-4cef-82ec-4797235d83fa https://www.webberwentzel.com//News/Pages/webber-wentzel-recognised-as-a-top-tier-firm-by-the-legal-500.aspx The Legal 500 Europe, Middle East & Africa (EMEA) 2024 guide has recognised Webber Wentzel as a top-tier firm. Notably, Webber Wentzel has been ranked as the leading law firm with the most Tier 1 rankings compared to all other firms ranked in South Africa, a status it has maintained for the past 11 years. 2024-03-26T22:00:00Z 6f161361-1e2d-4461-bea8-3b8c2445ffb0 https://www.webberwentzel.com//News/Pages/another-reminder-from-the-companies-and-intellectual-property-commission-on-beneficial-ownership-filings.aspx A second customer notice from the CIPC reminds companies to file the required beneficial ownership and beneficial interest information and notes that enforcement action may be taken against continuously non-compliant companies. 2024-02-25T22:00:00Z 44221bb0-e057-48de-a3e3-9b821e5e02b6 https://www.webberwentzel.com//News/Pages/balancing-environmental-and-social-responsibility-with-economic-growth-and-evolving-environmental-mining-regulations.aspx The mining industry is at the forefront of the sustainability debate, having been a major contributor to climate change, biodiversity loss, depletion of freshwater resources, and environmental degradation. 2024-02-05T22:00:00Z ce883620-d97e-4174-a287-b4faef33874a https://www.webberwentzel.com//News/Pages/minings-green-shift-partnering-for-sustainable-transitions.aspx The Just Energy Transition (JET) and the global move towards net zero by 2050 require coordinated action by mining companies, governments, unions, and communities to ensure just transitions for mines and communities. 2024-02-05T22:00:00Z 35935369-593d-4aa3-bc07-dfc059a90493 https://www.webberwentzel.com//News/Pages/webber-wentzels-excellence-displayed-on-the-dealmakers-shortlist.aspx Webber Wentzel is proud to have been involved in most of the shortlisted deals in each of the 2023 DealMakers Awards' various categories. 2024-02-01T22:00:00Z 84447612-ab15-4784-b24f-f6081656dde9 https://www.webberwentzel.com//News/Pages/a-call-for-transformative-leadership.aspx The mining sector faces an increasing call for integrating Environmental, Social and Governance (ESG) principles into its DNA. 2024-01-24T22:00:00Z 6155ae32-b30e-4f79-8b59-98d282edf378 https://www.webberwentzel.com//News/Pages/navigating-the-scarcity-of-funding-in-the-mining-industry.aspx The mining industry is a pillar of global economic development, providing essential raw materials for various industries while also actively participating in the drive towards a circular and sustainable global economy. 2024-01-23T22:00:00Z 0128aaf6-8231-4602-98b7-37e1f55cd6b9 https://www.webberwentzel.com//News/Pages/recent-legal-developments-relevant-to-private-equity.aspx In this overview, our experts highlight and provide insights on recent legal developments in tax, corporate, B-BBEE, competition, financial regulatory, projects, and employment that are relevant to private equity. 2023-12-03T22:00:00Z c8d8fe98-b0cf-408c-a787-cab2cb9e0472 https://www.webberwentzel.com//News/Pages/tax-deductibility-of-esg-related-expenses.aspx The sustainability of economies and in turn, society, largely hinges on how well we adopt Environmental, Social, and Governance (ESG). Given that naturally this comes at some cost, the tax deductibility of related expenses comes into focus. 2023-11-20T22:00:00Z 458d01b0-57b8-415b-adb9-6e292ed47e13 https://www.webberwentzel.com//News/Pages/investment-and-transformation-in-south-africa-a-balance-between-two-imperatives.aspx Much has been said about the interplay between the need for investment to enhance socio-economic development, and transformation in South Africa. These are both critically important for growth of the South African economy and its stability. 2023-11-16T22:00:00Z 0891e9dd-20a6-4003-a41e-d30a6b60b402 https://www.webberwentzel.com//News/Pages/podcast-investment-and-transformation-in-south-africa-a-balance-between-two-imperatives.aspx In this podcast, Candice Meyer and Clare-Alice Vertue delve into the captivating interplay between investment and socioeconomic development, a theme that strikes at the heart of South Africa's transformation journey. 2023-11-09T22:00:00Z 1b4d940b-d29c-48e9-8a52-48e121d89eae https://www.webberwentzel.com//News/Pages/bbbee-commission-explains-its-investigation-process.aspx The B-BBEE Commission has published a notice explaining how a complaint about fronting may be lodged and how it will respond. 2023-10-11T22:00:00Z c4c942c0-19e0-4fae-866a-e8b02b98fa8d https://www.webberwentzel.com//News/Pages/reminder-from-cipc-on-beneficial-ownership-and-beneficial-interest-filings.aspx The CIPC recently published a customer notice as a timely reminder to companies to file the required beneficial ownership and beneficial interest information. 2023-10-08T22:00:00Z 06a5e30d-af79-4e90-b98e-efb7f6e985f9 https://www.webberwentzel.com//News/Pages/changes-afoot-the-dtic-publishes-intention-to-introduce-two-companies-amendment-bills-in-parliament.aspx The DTIC has published a notice of intention to introduce two Companies Amendment Bills in Parliament. These Bills are expected to, among other things, provide for the disclosure of executive remuneration and extend the time bars applicable to applications for director delinquency and proceedings to recover loss due to director liability. 2023-08-15T22:00:00Z acf02400-83f3-4b70-9804-43fe4c4dde98 https://www.webberwentzel.com//News/Pages/fitness-for-purpose-clauses-in-construction-contracts-should-be-approached-with-caution.aspx A fitness for purpose obligation is important in allocating design risk, but its appropriateness is often challenged. 2023-07-18T22:00:00Z 241cbf6f-ad8b-41fb-aa60-3c58691eb037 https://www.webberwentzel.com//News/Pages/webber-wentzel-embraces-generative-ai-as-part-of-its-ongoing-innovation-journey.aspx Webber Wentzel is taking the lead on responsible Artificial Intelligence (AI) investment within the African legal landscape as part of its continued commitment to deliver an exceptional client experience and foster an open, creative, and entrepreneurial culture. 2023-06-22T22:00:00Z ef14cddf-ce19-4553-b89f-4861157318d8 https://www.webberwentzel.com//News/Pages/webber-wentzel-shortlisted-in-19-african-legal-awards-categories.aspx Webber Wentzel is proud to have been shortlisted in 19 categories in the 2023 African Legal Awards. Being nominated across so many critical categories is a real endorsement of Webber Wentzel's standing in the African legal market. 2023-06-21T22:00:00Z 58203868-42ab-4906-a8a1-3cb695e07e26 https://www.webberwentzel.com//News/Pages/the-costs-and-consequences-of-insurance-fraud.aspx In 2001, the House of Lords stated that "there seems to be a widespread belief that insurance companies are fair game, and that defrauding them is not morally reprehensible". This has never rung truer than in times of financial turbulence. 2023-06-14T22:00:00Z bfae3a65-cf82-415a-9b07-210ea4745c06 https://www.webberwentzel.com//News/Pages/specialist-m-and-a-and-equity-capital-markets-lawyer-returns-to-webber-wentzel.aspx Huneiza Goolam re-joins Webber Wentzel as a partner in the firm's Corporate Business Unit, effective 1 June 2023. Prior to this, Huneiza worked at various law firms as a partner and general counsel, as well as a legal advisor for private clients 2023-06-11T22:00:00Z cc0b5a9d-8db2-4314-a6f1-ed194f1855b2 https://www.webberwentzel.com//News/Pages/when-should-the-locked-box-mechanism-be-used-and-how-can-purchasers-ensure-that-they-are-protected.aspx Originally used predominantly by private equity investors looking for a clean separation at the conclusion of a transaction, the locked box pricing mechanism continues to gain traction in the South African and global M&A market. 2023-03-16T22:00:00Z 22f4bb77-7004-4040-a5bf-52decd87362d https://www.webberwentzel.com//News/Pages/south-africa-has-been-grey-listed-what-are-the-implications-for-the-country-going-forward.aspx South Africa’s greylisting by the Financial Action Task Force (FATF) has significant implications for its economic growth and global competitiveness, but moves are already being taken to satisfy the FATF 2023-02-23T22:00:00Z 69403fea-19da-45cf-93af-e33cd60d2e1e https://www.webberwentzel.com//News/Pages/webber-wentzels-market-leading-position-is-re-affirmed-at-the-23rd-dealmakers-awards.aspx Webber Wentzel's market-leading position is re-affirmed at the 23rd DealMakers Annual Gala Awards which took place on 21 February 2023 2023-02-21T22:00:00Z c2da1614-cb25-4b25-94a0-5d29b19220cd https://www.webberwentzel.com//News/Pages/resource-nationalism-can-create-uncertainty-and-strangle-mining-investment.aspx Short-term gains can result in a longer-term loss of investment when governments impose too many demands on mining companies. 2023-02-08T22:00:00Z 636ccf96-7f5b-4a6b-b0e7-29bc414deec6 https://www.webberwentzel.com//News/Pages/strengthening-the-g-in-esg-fica-import-and-export-and-the-effect-on-mines.aspx Government has introduced new or amended regulations relating to FICA and the import and export of certain minerals or other items, which may be relevant to different mining companies. 2023-02-07T22:00:00Z 1d494bf0-475a-46e5-99f8-a882f5406aba https://www.webberwentzel.com//News/Pages/commencement-of-the-general-laws-anti-money-laundering-and-combating-terrorism-financing-amendment-act.aspx The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act has been signed into law. Cascading commencement dates for different sections have been proclaimed. 2023-01-24T22:00:00Z ae39595c-58a6-4297-b380-031a51591f58 https://www.webberwentzel.com//News/Pages/webber-wentzel-cti-insights-series.aspx In our Insights series, Africa Legal took a close look at the Competition, Trade and Investment practice’s offering, the need for the service on a regional and pan-African basis, and areas of growing concern for market actors. 2023-01-23T22:00:00Z aa510cee-09d6-4323-b644-acf508350fdb https://www.webberwentzel.com//News/Pages/webber-wentzel-recognised-as-2022-south-africa-law-firm-of-the-year-by-top-ranked-legal.aspx Webber Wentzel has been awarded the 2022 South Africa Law Firm of the Year in the EMEA Awards by Top Ranked Legal. 2022-12-20T22:00:00Z 8464abd9-cad2-444b-9e69-01a0889ac0c6 https://www.webberwentzel.com//News/Pages/sca-hands-down-important-judgment-for-the-mining-industry.aspx In a judgment handed down by the SCA on 18 November 2022, several key South African mining and mineral law principles were enforced. The SCA also emphasised points that a mining rights applicant should keep in mind. 2022-12-18T22:00:00Z de8cbe79-1840-4ed8-9bff-384ceca6c85b https://www.webberwentzel.com//News/Pages/new-preferential-procurement-regulations-a-placeholder.aspx The new Preferential Procurement Regulations allow organs of state to set quantifiable, transformative goals in their tenders. Bidders will need to consider tender documents carefully to determine whether they may be eligible to receive points for meeting specific goals stipulated in a tender document. 2022-12-12T22:00:00Z 28591caf-1c8a-48ea-8a4c-6da8b1c8e96e https://www.webberwentzel.com//News/Pages/national-assembly-passes-a-revised-version-of-the-general-laws-amendment-bill-omnibus-bill.aspx On 22 November 2022, the National Assembly passed a revised version of the Omnibus Bill, which proposes to amend five pieces of legislation, including the Companies Act, 2008. 2022-11-28T22:00:00Z c174a79d-d039-4d92-b6ab-78463d27d87d https://www.webberwentzel.com//News/Pages/the-jse-moves-forward-with-its-consultation-paper-proposals-to-amend-the-listings-requirements.aspx After publishing its Consultation Paper and Response Paper with broad proposals to reform the Listings Requirements in light of international developments and make listing on the exchange more attractive, the JSE proposes to introduce a weighted voting share structure offering and amend its free float requirements and SPAC provisions. 2022-11-16T22:00:00Z 7ed4eeba-ba8a-4f42-bcf1-343688519bc3 https://www.webberwentzel.com//News/Pages/ster-kinekor-successfully-exits-business-rescue-with-webber-wentzel-at-its-side.aspx Webber Wentzel assisted and advised Ernst & Young's Stefan Smyth (business rescue practitioner) on a ZAR 250 million business rescue matter involving the refinancing and restructuring of Ster Kinekor's debt and the 100% purchasing of the Ster Kinekor shares by Blantyre Capital Limited and Greenpoint Specialised Lending. 2022-11-14T22:00:00Z 2b9006a0-31a9-4d57-ba5a-aab7de121f43 https://www.webberwentzel.com//News/Pages/webber-wentzel-m-and-a-master-series-esg-and-governance-disclosure-reporting-and-beyond.aspx To launch its M&A Master series, Webber Wentzel hosted a hybrid event on Tuesday, 13 September 2022, targeted at clients involved and interested in the mergers and acquisitions landscape on the African continent. The overarching theme for this session was ESG and Governance: Disclosure reporting and beyond. 2022-11-13T22:00:00Z b02d0260-0869-42cb-9e8f-9c3c742d0732 https://www.webberwentzel.com//News/Pages/supreme-court-of-appeal-dismisses-challenge-to-agreement-not-to-sue.aspx The Supreme Court of Appeal recently dismissed a challenge to a contractual undertaking not to institute legal proceedings (known as a pactum de non petendo), finding that the undertaking was not against public policy. 2022-10-30T22:00:00Z c80e816f-ea4e-475b-882c-c818cf8cba59 https://www.webberwentzel.com//News/Pages/webber-wentzel-won-the-african-legal-awards-for-african-law-firm-of-the-year.aspx Webber Wentzel has been named African Law Firm of the Year (Mid-Large Sized Practice) at the 2022 African Legal Awards. 2022-10-23T22:00:00Z 56d7d414-8e85-4008-a08a-931d8b9231f7 https://www.webberwentzel.com//News/Pages/birds-eye-view-of-the-jse-recent-proposals-to-reform-its-listings-framework.aspx In a consultation paper (Consultation Paper) published in May 2022, the JSE Limited (JSE) asked for public comment on a number of works-in-progress and proposals to reform its listings framework, in light of international developments and recent JSE initiatives. 2022-09-29T22:00:00Z 068b124b-fccd-4d64-a382-d32757ebc894 https://www.webberwentzel.com//News/Pages/in-depth-look-at-the-general-laws-anti-money-laundering-and-combating-terrorism-financing-amendment-bill-2022.aspx The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill, 2022 was tabled in Parliament on 29 August 2022. 2022-09-28T22:00:00Z 9208888a-1972-4432-b164-76d69d6ec2b9 https://www.webberwentzel.com//News/Pages/omnibus-bill-proposed-amendments-to-the-companies-act-2008.aspx The Omnibus Bill proposes amendments to the Companies Act, 2008 (Companies Act), primarily related to disclosure of information concerning beneficial ownership. 2022-09-28T22:00:00Z df20ad30-7c3a-476f-9b74-09af87dcad60 https://www.webberwentzel.com//News/Pages/omnibus-bill-proposed-amendments-to-the-financial-intelligence-centre-act-2001.aspx The Omnibus Bill amends several definitions in the Financial Intelligence Centre Act, 2001 (FICA) and introduces other definitions. 2022-09-28T22:00:00Z 1a0ee8a3-00b8-4985-8ff1-210e342c3bf5 https://www.webberwentzel.com//News/Pages/webber-wentzel-won-the-african-legal-awards-m-and-a-team-of-the-year.aspx Webber Wentzel won the African Legal Awards M&A Team of the Year for advising on the joint venture between Sanlam Limited, its subsidiaries, and Allianz BV, a subsidiary of Allianz SE. 2022-09-25T22:00:00Z 1a8ebfa6-275c-4773-8525-0209ad118f41 https://www.webberwentzel.com//News/Pages/high-court-finds-that-plaintiff-challenge-is-really-a-challenge-to-the-resolution-approving-a-scheme-of-arrangement.aspx The High Court recently ruled that regardless of how a challenge is framed, if it entails a direct or indirect attack on a resolution approving a scheme of arrangement, it can only be brought under section 115 of the Companies Act. Extra-statutory relief is barred. 2022-09-07T22:00:00Z 63ea8fb6-36ca-4b88-abe7-6a7b1652a472 https://www.webberwentzel.com//News/Pages/webber-wentzel-biggest-winner-at-the-african-legal-awards.aspx Webber Wentzel has been named African Law Firm of the Year (Mid-Large Sized Practice) at the 2022 African Legal Awards on Friday, 2 September 2022. 2022-09-04T22:00:00Z e567dccc-5907-4d46-b489-9c2a1345a882 https://www.webberwentzel.com//News/Pages/esg-reporting-and-disclosure-in-a-new-era-for-companies.aspx Few businesses in the world can be ignorant of the shift in business norms to a much more conscious world, where stakeholders are increasingly interested in the non-financial parameters that affect a business’s operations. 2022-08-29T22:00:00Z 5a0e2167-a9f7-42c5-abcc-b7a5ba46b8e6 https://www.webberwentzel.com//News/Pages/treasury-proposes-changes-to-its-anti-money-laundering-and-terrorist-financing-regime-to-fight-potential-greylisting.aspx On 18 August, the Minister of Finance published an explanatory note on the General Laws (Anti-Money Laundering and Combatting Terrorism Financing) Amendment Bill (the Bill), which National Treasury plans to table before the National Assembly in the third quarter of 2022. 2022-08-25T22:00:00Z 55a24354-b927-4565-b3fd-42458b1ab8f9 https://www.webberwentzel.com//News/Pages/flexible-pricing-in-renewable-energy-projects-how-to-strike-a-balance.aspx Volatile input costs pose a threat to the viability of developers of renewable energy projects, which may require offtakers to be more flexible in contract negotiations. 2022-08-17T22:00:00Z c2cdc1db-15fb-4247-832b-847398e15d24 https://www.webberwentzel.com//News/Pages/b-bbee-commission-releases-2021-national-status-and-trends-report.aspx The B-BBEE Commission’s latest report on empowerment trends shows a decrease in overall black ownership, as well as in black women ownership. 2022-08-16T22:00:00Z 90d5c145-ebaf-41a3-a204-245e5dcf00a5 https://www.webberwentzel.com//News/Pages/legal-considerations-relating-to-electronic-meetings.aspx As more companies convene virtual shareholders’ meetings post-pandemic, they need to follow certain procedures to avoid falling foul of the Companies Act. 2022-08-11T22:00:00Z ea5943dc-2b68-43d2-9d6a-30cb325a43db https://www.webberwentzel.com//News/Pages/esg-matters-need-a-coordinated-and-practical-approach.aspx The growing importance of Environmental, Social and Governance (ESG) matters to stakeholders necessitates a co-ordinated approach to managing and reporting these issues to the board, which could justify appointing a dedicated ESG Manager. 2022-08-11T22:00:00Z 309f46b8-2aa6-4e8a-a772-6ab8d4d90aaa https://www.webberwentzel.com//News/Pages/key-considerations-for-companies-when-removing-a-director-from-office.aspx Removing a director from office in an unfair or unlawful manner exposes companies to liability under the Labour Relations Act as well as the Companies Act. This article raises some key considerations for companies looking to achieve the smooth departure of a director. 2022-07-25T22:00:00Z a23f826e-0bed-411c-8284-0a11ebbb2dd2 https://www.webberwentzel.com//News/Pages/the-green-the-bad-and-the-ugly-the-risks-of-greenwashing.aspx Greenwashing is the act of misleading the public about an organisation's environmental or sustainability practices or deceiving the public about how eco- (and ESG-) friendly a product or practice is 2022-07-18T22:00:00Z 30530246-e375-465d-8264-ea59a6f08cc3 https://www.webberwentzel.com//News/Pages/b-bbee-commission-findings-are-not-beyond-legal-scrutiny-so-says-the-high-court.aspx The High Court recently ruled that findings by the B-BBEE Commission against Sasol Oil were capricious and irrational in several respects and its recommendations constituted an abuse of power. 2022-07-04T22:00:00Z 7385c326-2af6-48b4-9d41-de9c2058d511 https://www.webberwentzel.com//News/Pages/legal-issues-in-the-metaverse-part-2.aspx In this Part 2 of our Legal Issues in the Metaverse Series, we focus on the legal considerations for businesses that intend to commercialise opportunities in the Metaverse. 2022-06-23T22:00:00Z b4cf6e11-02f8-4467-ab9f-15095fe37084 https://www.webberwentzel.com//News/Pages/who-can-exercise-minority-rights-in-fundamental-transactions-and-is-it-necessary-to-hold-separate-scheme-meetings.aspx A decision of the High Court (Western Cape Division, Cape Town) deals with the questions of who can exercise minority rights in fundamental transactions and in what circumstances separate scheme meetings should be convened. 2022-06-21T22:00:00Z 8f4510e7-1db5-4bd4-be25-9d8e715cc8f1 https://www.webberwentzel.com//News/Pages/supreme-court-of-appeal-upholds-minority-shareholder-rights-in-share-repurchase.aspx A recent decision of the Supreme Court of Appeal upholds the rights of dissenting minority shareholders in situations where a company intends to repurchase more than 5% of its issued shares of any particular class. 2022-06-13T22:00:00Z 05663746-c8e0-4372-a54c-8757c4abb02d https://www.webberwentzel.com//News/Pages/capital-raising-and-deployment-insights-series.aspx To mark the culmination of the most recent topic of focus between Africa Legal and Webber Wentzel, we are proud to present a downloadable compilation of content focused on capital raising and deployment. 2022-06-12T22:00:00Z 9e83cee2-b10c-4796-b8b7-9f0386ac6cf2 https://www.webberwentzel.com//News/Pages/cutting-red-tape-amendments-to-the-listings-requirements-effective-from-1-June-2022.aspx Amendments to the JSE Listings Requirements to cut red tape and achieve effective, fit-for-purpose regulations for financial markets have been approved. 2022-05-12T22:00:00Z 2959dfd2-acad-4fca-b34b-5e22efe77379 https://www.webberwentzel.com//News/Pages/chambers-and-partners-corporate-m-and-a-2022.aspx In this guide, the Webber Wentzel team of experts focus primarily on how M&A activity intensified in South Africa in 2021, as well as key trends seen in 2021, which are expected to persist into 2022. 2022-05-04T22:00:00Z b36c0940-04de-446b-8581-00541f683a20 https://www.webberwentzel.com//News/Pages/voting-against-the-adoption-of-business-rescue-plan-is-your-vote-inappropriate.aspx Creditors who vote against the adoption of a business rescue plan out of self-interest, without considering the rights of other affected parties, may risk having their votes deemed inappropriate by a court. 2022-04-19T22:00:00Z 1ecdf8b7-da7d-41d4-a019-da32372c8a1e https://www.webberwentzel.com//News/Pages/can-an-external-company-be-wound-up-in-sa-an-update.aspx A relevant ruling in the Steinhoff case gives welcome clarity on the status of insolvent external companies in South Africa 2022-04-19T22:00:00Z ce0dbb7a-8c35-4936-8173-dd5311fe7a3f https://www.webberwentzel.com//News/Pages/the-impact-of-public-interest-on-m-and-a-transations-in-2022.aspx Over the past few years, the scope of public interest considerations in mergers has expanded more in South Africa than in any other jurisdiction globally. 2022-04-06T22:00:00Z 428d0675-54f2-4dba-9d8f-eb1130f0749a https://www.webberwentzel.com//News/Pages/business-rescue-what-about-the-shareholders.aspx Can shareholders block a business rescue practitioner’s plan to issue shares in the company as part of the business rescue plan, thereby diluting the shareholding of any class of shareholders? 2022-03-29T22:00:00Z c0d606f7-b590-4ca1-8687-6512578f5b55 https://www.webberwentzel.com//News/Pages/22-legal-developments-for-businesses-to-monitor-in-2022.aspx We have collated a snapshot of key themes to track in 2022 and of 22 legal developments for the year which you will need to keep a tab on. In 2022, various legal developments are expected to have an impact on businesses, particularly in the fields of liability, ESG, digital and economic transformation. 2022-03-22T22:00:00Z 53d37a06-eb29-4919-b469-1491c9d1197b https://www.webberwentzel.com//News/Pages/eu-proposed-directive-for-corporate-sustainability-due-diligence-unpacking-the-impact-for-sa-businesses.aspx The European Union (EU) published a proposed Directive on Corporate Sustainability Due Diligence ahead of sustainability becoming a legislated feature in the global economy. This EU proposal may affect South African businesses. 2022-03-14T22:00:00Z 56a0b94a-c6c8-4ce1-88fe-1856701a0aff https://www.webberwentzel.com//News/Pages/a-cross-border-guide-to-private-m-and-a.aspx Webber Wentzel has contributed to Linklaters' cross-border guide to private M&A, which considers questions that commonly arise on private M&A deals and how they can be resolved in 26 jurisdictions - from Australia to Vietnam. 2022-03-08T22:00:00Z 472595ba-cec9-4242-be14-59e7f9543c60 https://www.webberwentzel.com//News/Pages/webber-wentzel-wins-most-coveted-legal-accolades-at-the-22nd-annual-dealmakers-awards.aspx Webber Wentzel's market-leading position was re-affirmed at the DealMakers Annual Gala Awards on 23 February 2022 when they won four of the six legal DealMakers awards. 2022-02-22T22:00:00Z 382342c4-451a-4a0f-bde4-8e590411d584 https://www.webberwentzel.com//News/Pages/New-Draft-Interpretation-Note-on-Intra-group-Financial-Transactions-brings-welcome-clarity.aspx SARS has released a new draft interpretation note that will help to clarify issues around intra-group loans, but several key issues still need to be addressed. 2022-02-22T22:00:00Z 9ab7c4a0-ed8e-4725-b92c-f3fd532c25ef https://www.webberwentzel.com//News/Pages/webber-wentzel-recognised-in-chambers-global-2022.aspx Earlier this year, Webber Wentzel was awarded South Africa Law Firm of the Year at the Chambers Africa Awards 2022. Yesterday, Chambers Global released its 2022 results, ranking law firm practices and lawyers according to their client service, commercial vision, business understanding, diligence and value for money. 2022-02-17T22:00:00Z 3b6a9da2-88ee-463a-b60b-1dea056f5b01 https://www.webberwentzel.com//News/Pages/directors-face-potential-liability-for-climate-change-risks.aspx Directors face potential liability if they fail to carry out their fiduciary duties to curb climate change risks and do not make complete disclosures about climate-related risks. 2022-02-07T22:00:00Z 5638fe65-a253-41ec-b146-d15b0b562f91 https://www.webberwentzel.com//News/Pages/south-african-law-year-to-come-2022-and-year-in-review-2021.aspx Webber Wentzel has contributed to the Linklaters' global guide series - Year to Come 2022 and Year in Review 2021. The series brings together analysis, thinking and highlights from lawyers around the world across multiple jurisdictions, in the form of topic-specific and jurisdictional guides. 2022-01-17T22:00:00Z 07c966d3-11b5-4b05-8fde-4c04f7bc7bd3 https://www.webberwentzel.com//News/Pages/winding-up-an-external-company-in-south-africa.aspx Is it possible for creditors to apply for the winding up of a South African branch of a foreign company (“an external company”), even if the foreign holding company remains solvent, since the two entities are legally one and the same entity? 2021-11-17T22:00:00Z a7b96e87-60d0-4948-843a-0d078c1260fb https://www.webberwentzel.com//News/Pages/this-artgreater-availability-of-warranty-and-indemnity-insurance-could-unlock-more-deals-in-africa.aspx Warranty and indemnity insurance for private equity transactions can be challenging to obtain outside certain jurisdictions in Africa, but there may be ways to increase its availability. 2021-11-11T22:00:00Z 25703de1-09e3-46fa-b093-930d419fd9e1 https://www.webberwentzel.com//News/Pages/new-draft-companies-amendment-bill-snapshot-of-key-proposed-amendments.aspx A new draft of the Companies Amendment Bill has been published. Although the Bill clarifies many important company law issues; several ambiguities related to the current Act remain. 2021-10-03T22:00:00Z d2a7b4fe-d5c3-4f94-a55b-bd8ed68b43bd https://www.webberwentzel.com//News/Pages/webber-wentzel-wins-several-prestigious-awards.aspx Webber Wentzel is proud to announce that the excellence of its tax and corporate teams were recently recognised with prestigious awards, beating several of South Africa’s top legal firms. 2021-09-12T22:00:00Z d8beeb55-4beb-4554-8a1d-4c0738f6d6ad https://www.webberwentzel.com//News/Pages/a-journey-of-growth-and-success.aspx Webber Wentzel Senior Partner Christo Els and Managing Partner, Sally Hutton, chat to Tom Pearson in a podcast focussing on the growth and success of one of Africa’s foremost law firms. 2021-08-09T22:00:00Z ad5e47c5-61a1-46ff-b8fa-444d40d39efd https://www.webberwentzel.com//News/Pages/popia-has-unexpected-implications-for-b-bbee-schemes.aspx Sharing personal information of trust beneficiaries to verify black ownership under the scorecards requires companies and trusts to be aware of POPIA requirements. 2021-07-13T22:00:00Z 5f0c0755-2201-43f1-aa10-daf3a945f7d3 https://www.webberwentzel.com//News/Pages/b-bbee-webinar-making-a-meal-of-public-interest.aspx Dealmakers download: latest BEE developments & the Burger King decision - navigating the landscape to get the deal done 2021-06-17T22:00:00Z 6fa84d30-6f76-452b-a8a5-fe4c7516ba6a https://www.webberwentzel.com//News/Pages/south-africa-b-bbee-developments-clarity-provided-on-black-ownership-schemes-and-structures.aspx Minister Patel has issued a Practice Note in terms of the Broad-Based Black Economic Empowerment Act on Rules for discretionary Collective Enterprises to provide much needed clarity on how ownership schemes and structures should be interpreted under the B-BBEE Codes. 2021-05-18T22:00:00Z 686ab846-5559-45a9-9ee6-528e64f8598e https://www.webberwentzel.com//News/Pages/employee-share-schemes-under-the-companies-act.aspx Although there are some benefits to establishing ESOPs under the Companies Act, sections 95 and 97 can also make it costly and timeconsuming to do so. 2021-05-12T22:00:00Z f935c006-50eb-4623-8829-5fdfcc2a43dc https://www.webberwentzel.com//News/Pages/brand-owners-manufactures-importers-retailers-beware.aspx On 5 May 2021 the Regulations Regarding Extended Producer Responsibility (EPR Regs) came into force under the Waste Act. On the same day, the second round of amendments to the EPR Regs were finally published after extensive consultation with the affected sectors. 2021-05-05T22:00:00Z 4c81f672-a53b-4787-bbf8-8de468037da4 https://www.webberwentzel.com//News/Pages/jse-consultation-paper-proposes-amendments-to-the-listings-requirements.aspx The JSE has issued a consultation paper proposing changes to the Listings Regulations to cut red tape and achieve an effective, fit-for-purpose set of regulations for financial markets 2021-04-21T22:00:00Z b12f5568-7863-494b-8be8-5ae27616e724 https://www.webberwentzel.com//News/Pages/sa-lets-do-business-ebook.aspx ​A tailored and on-the-ground perspective for business in South Africa and those looking to invest in South Africa. 2021-02-28T22:00:00Z 1b715a13-242d-42c1-b802-d9681260b901 https://www.webberwentzel.com//News/Pages/dealmaking-in-sub-saharan-africa-2020-in-review-and-predictions-for-2021.aspx Read a Q&A with Christo Els, senior partner and M&A specialist on Dealmaking in Sub-Saharan Africa - 2020 in review and predictions for 2021 2021-02-25T22:00:00Z 51bde38a-994f-4676-9720-a80ab9333c66 https://www.webberwentzel.com//News/Pages/south-africa-tmt-sector-faces-legal-challenges-and-opportunities-in-2021.aspx Three topics will top the list of priorities for executives in the technology, media and telecommunications (TMT) sector in South Africa in 2021. They are cyber security, B-BBEE and the allocation of high frequency radio spectrum to enable the roll-out of 5G. 2021-02-24T22:00:00Z 97f147d8-4e99-4a69-a682-a52bee9bf578 https://www.webberwentzel.com//News/Pages/webber-wentzels-expertise-recognised-by-chambers-global.aspx Chambers Global has released their 2021 results. Webber Wentzel had an exceptional year with key highlights. 2021-02-21T22:00:00Z 228558a2-591a-43fc-b272-90cd0c1dda3b https://www.webberwentzel.com//News/Pages/21-legal-developments-for-businesses-to-monitor-in-2021.aspx We have collated a snapshot of key themes to track in 2021 and of 21 legal developments for the year which you will need to keep a tab on. 2021-02-17T22:00:00Z 0da634ef-2d22-41ca-b5b2-7259bc1dc160 https://www.webberwentzel.com//News/Pages/b-bbee-commission-requires-entities-to-make-increased-disclosures.aspx A new Explanatory Notice issued by the B-BBEE Commission in January requires more supporting evidence for B-BBEE claims. Although this may seem onerous, it will strengthen the Commission’s ability to make recommendations for improvement 2021-02-15T22:00:00Z 5d12c199-5d9b-48dd-8d48-21b461854a59 https://www.webberwentzel.com//News/Pages/court-upholds-minority-shareholder-rights-in-share-repurchase.aspx A recent court judgement upheld the rights of dissenting minority shareholders in situations where a company intends to repurchase more than 5% of its own shares. 2021-02-10T22:00:00Z f7fd9f4e-91aa-4499-b91b-9d1d43fdd225 https://www.webberwentzel.com//News/Pages/webber-wentzel-bolsters-its-leading-m-and-a-offering.aspx Growing its already established platform of excellence, Webber Wentzel has recently bolstered its M&A expertise through the appointment to the firm of Lilia Franca and her team from CDH. 2021-02-09T22:00:00Z 017d29f1-a198-4d60-bf1d-f20b04a95ce8 https://www.webberwentzel.com//News/Pages/the-legal-imperative-behind-esg-compliance-and-decarbonisation-reflections-from-mi-virtual-2021.aspx ESG Compliance Mapping will help mining companies to achieve ESG's priority impacts throughout their value chain 2021-02-08T22:00:00Z b6f267b1-314b-43e7-a28b-d9fe30d7b418 https://www.webberwentzel.com//News/Pages/integrating-esg-factors-in-the-investment-strategies-of-institutional-investors.aspx A draft revision of the Code for Responsible Investment in South Africa (CRISA) to align it with advances in regulation and governance of ESG issues, has been published for comment. 2020-12-17T22:00:00Z 6bee3bb8-27c3-49d0-91c8-d0ea1c99519b https://www.webberwentzel.com//News/Pages/linklaters-global-guide-year-in-review-2020-and-year-to-come-2021.aspx We have contributed to the Linklaters' global guide series - Year in Review 2020 and Year to Come 2021. 2020-12-06T22:00:00Z 58503c6b-66ed-4cc1-bfb4-dac15009fbc8 https://www.webberwentzel.com//News/Pages/b-bbee-challenged-in-public-tenders.aspx The Supreme Court of Appeal has ruled that the 2017 Preferential Procurement Regulations do not provide the required framework for the application of considerations such as broad-based black economic empowerment contributor status and black ownership to be used for pre-qualification of bidders or as a condition for mandatory sub-contracting in public tenders. 2020-11-22T22:00:00Z d4caa9d9-1300-41a0-889c-3757e622b039 https://www.webberwentzel.com//News/Pages/the-cipc-revokes-temporary-covid-19-relaxation-measures.aspx The Companies and Intellectual Property Commission (CIPC) has announced that the temporary relaxation measures granted to companies during the national lockdown will lapse on 1 December 2020. 2020-11-16T22:00:00Z ca711b3d-5ecc-49c4-a300-cd684cf48ba2 https://www.webberwentzel.com//News/Pages/is-sa-open-for-business-dealmaking-in-sa-walking-a-tightrope.aspx South Africa’s economic performance is at its weakest since the advent of democracy. The 2009 Global Financial Crisis pales in comparison. Real gross domestic product (GDP) fell by -1.5% in 2009, while South Africa expects a decline of at least -7% in 2020. 2020-11-15T22:00:00Z fcbab0a2-1762-434a-bfba-fce743acf361 https://www.webberwentzel.com//News/Pages/jse-guidance-on-effective-communication-with-investors.aspx The JSE has identified focus areas for listed companies to consider when raising capital to weather the Covid-19 crisis, including the amount of information they need to disclose 2020-09-16T22:00:00Z 062222a0-9e6c-4003-bc0c-4cbfdee1b4e8 https://www.webberwentzel.com//News/Pages/focus-on-quality-education-and-skills-development-to-create-an-inclusive-sa-economy.aspx The B-BBEE Commission’s latest report on trends shows an overall decline in black economic empowerment across almost all measured elements. 2020-08-18T22:00:00Z e8e0d111-3de8-4fa2-9ce8-ba223bb3a629 https://www.webberwentzel.com//News/Pages/b-bbee-commission-releases-2019-national-status-and-trends-report.aspx The B-BBEE Commission’s latest report on empowerment trends in 2019 shows an increase in black ownership, but this is not necessarily reflected in management control scores 2020-08-02T22:00:00Z 56a36863-9138-4411-9122-078bc762ae0d https://www.webberwentzel.com//News/Pages/temporary-respite-for-companies-trading-in-insolvent-circumstances.aspx Many companies may be trading in insolvent circumstances, potentially in contravention of the Companies Act 71 of 2008. 2020-07-14T22:00:00Z 468ab0b0-cd2e-4573-b2e9-19346da1f94e https://www.webberwentzel.com//News/Pages/who-can-hold-directors-accountable-for-breach-of-their-duties.aspx This insight looks at two recent South African court cases that considered the rights of shareholders to hold directors accountable for breaching their fiduciary duties. 2020-07-08T22:00:00Z 03551b75-fa77-4378-9986-60e973f60cfa https://www.webberwentzel.com//News/Pages/Spotlight-on-empowerment-related-criteria-for-access-to-State-financial-relief-in-times-of-crisis-.aspx In a recent case, the Gauteng High Court ruled that empowerment-related criteria should be taken into account when allocating relief funds to assist SMMEs through the Covid-19 crisis, but ordered that the relevant regulations be redrafted to be less vague. 2020-06-24T22:00:00Z feceac2a-5652-445b-a100-6ff1587539ce https://www.webberwentzel.com//News/Pages/examining-the-impact-of-selling-restrictions-in-b-bbee-transaction-documents.aspx Restrictions on the sale of a Broad-Based Black Economic Empowerment (B-BBEE) shareholder's interest in a company is often a contentious point of negotiation in a B-BBEE transaction. 2020-06-23T22:00:00Z 8abe7f37-e39c-4443-94f8-93b3071ced43 https://www.webberwentzel.com//News/Pages/covid-19-temporary-exemption-from-holding-physical-general-meetings-to-help-companies-raise-capital.aspx During the Covid-19 crisis, issuers are facing challenges in holding the general meetings which are required in a number of instances under the Listings Requirements of the JSE Limited. 2020-06-07T22:00:00Z 94dcd1f5-9f85-4cdd-a0ab-874c84a2db16 https://www.webberwentzel.com//News/Pages/covid-19-companies-in-financial-distress-practical-m-a-considerations-in-restructuring.aspx The Covid-19 Lockdown has battered the already ailing South African economy. Despite the pending lift of the Lockdown, companies will likely battle to stay afloat as the full impact of the pandemic plays out. 2020-05-25T22:00:00Z 67fec31a-9a22-496d-ba19-aa7518ba6687 https://www.webberwentzel.com//News/Pages/covid-19-cipc-recognises-rusiness-rescue-filings-made-during-initial-lockdown-period.aspx Under the Companies Act, 2008, a business rescue initiated by the board of a company only formally starts once the necessary resolution is filed with the Companies and Intellectual Property Commission. 2020-05-10T22:00:00Z b2025ecd-17f1-492e-875f-7fd22de588b1 https://www.webberwentzel.com//News/Pages/covid-19-and-downgrades-directors-duties-unpacked.aspx During grappling with a nationwide lockdown to curb the spread of Covid-19 South Africa's credit rating was also downgraded to below investment grade by Moody's Investors Service. 2020-05-04T22:00:00Z 8e9f5374-7e11-4bf1-a65e-70a756fc294e https://www.webberwentzel.com//News/Pages/covid-19-relief-for-jse-listed-companies-in-relation-to-certain-financial-reporting-obligations.aspx The ability of listed companies to meet their financial reporting obligations has, in many instances, been severely impacted by the Covid-19 crisis. 2020-04-15T22:00:00Z 442693c5-0f09-4985-bb98-88a1a0d1827a https://www.webberwentzel.com//News/Pages/maintaining-good-corporate-governance-during-extraordinary-times.aspx The Covid-19 pandemic and emergency measures taken by the South African Government have caused unprecedented business disruption. 2020-04-08T22:00:00Z 1decafae-0a28-4f6d-a4b0-76b0d7d2d19a https://www.webberwentzel.com//News/Pages/the-jse-issues-guidance-on-the-impact-of-covid-19.aspx JSE-listed companies may have to fulfil various duties under the Listings Requirements in relation to disclosures of the impact of Covid-19 on their businesses, scheduled shareholders’ meetings and changes to dividend declarations. 2020-04-05T22:00:00Z 3a9c4b46-b465-4feb-b0c9-42b34e224c43 https://www.webberwentzel.com//News/Pages/covid-19-impact-of-the-bbbee-commissions-closure-on-processes-and-submissions-of-documents.aspx The B-BBEE Commission, like many other regulators, has had to close its offices from 27 March to 16 April 2020 as a result of the national lockdown declared on 23 March 2020. 2020-04-05T22:00:00Z f1ca3921-7e33-40f9-a193-b4d2e4569ea6 https://www.webberwentzel.com//News/Pages/covid-19-anticipated-impact-on-ma-transactions-in-south-africa.aspx Restrictions on travel, a fundamentally-changed business operating environment and the limited availability of regulatory services in the wake of the Covid-19 crisis will require buyers and sellers to review various aspects of M&A transactions. 2020-04-02T22:00:00Z 11992de0-587e-433d-bbc0-e01b3b058adc https://www.webberwentzel.com//News/Pages/covid-19-cipc-to-provide-limited-services-and-limited-reprieve-for-businesses-during-national-lockdown.aspx The Companies and Intellectual Property Commission announced on 24 March 2020, that it will be closing down all services relating to companies, close corporations and co-operatives as of 16:00 on 24 March 2020 until 1 April 2020. 2020-03-24T22:00:00Z be5fb004-62f8-427f-9979-d7ec04e655c3 https://www.webberwentzel.com//News/Pages/changes-to-the-requirements-and-process-relating-to-the-cipc-compliance-checklist.aspx Following our e-alert of 13 February 2020, the Companies and Intellectual Property Commission issued a notice on 5 March 2020, advising of some changes to its compliance checklist requirement. 2020-03-09T22:00:00Z f4a1d4fb-1ac0-4599-a809-fcd2f4dbe3ce https://www.webberwentzel.com//News/Pages/webber-wentzel-takes-top-honours-at-the-2020-dealmakers-awards.aspx Webber Wentzel's market-leading position was re-affirmed at the 19th DealMakers Annual Gala Awards on 18 February 2020. 2020-02-18T22:00:00Z dedc2acf-4b32-4960-899d-e7db0f2d0041 https://www.webberwentzel.com//News/Pages/chambers-global-recognises-excellence-at-webber-wentzel.aspx Chambers Global has released their 2020 results. Webber Wentzel had an exceptional year with key highlights. 2020-02-13T22:00:00Z f5f119cd-cddc-4514-ac64-715075a75fc1 https://www.webberwentzel.com//News/Pages/companies-prepare-for-the-cipcs-new-compliance-checklist.aspx The Companies and Intellectual Property Commission has introduced a new requirement for all South African companies to declare their compliance with specific sections of the Companies Act 2008 by completing and submitting a compliance checklist online. 2020-02-12T22:00:00Z 5a687dc9-3437-489c-9b3b-52eb301a5732 https://www.webberwentzel.com//News/Pages/dealmakers-awards-2019-webber-wentzel-partner-jesse-watson-in-the-running-for-dealmaker-of-the-year.aspx Webber Wentzel partner, Jesse Watson, is a finalist in the 2019 Individual DealMaker of the Year category, for the second year in a row. 2020-01-15T22:00:00Z 6fbbdc63-bb3c-4d2a-a2fb-f4a888461c6e https://www.webberwentzel.com//News/Pages/reflections-on-2019-and-key-insights-for-2020.aspx Each year we publish a South Africa - Year in Review and Year to Come 2019/2020 insights piece with our alliance partner, Linklaters. 2020-01-08T22:00:00Z cce4f9f9-e7e4-4781-9620-7911772cc28a https://www.webberwentzel.com//News/Pages/amendments-to-the-regulation-of-primary-and-secondary-listings-on-the-jse.aspx On 5 November, the JSE Limited announced amendments to its Listings Requirements to strengthen the regulation of primary listings and secondary listings. 2019-11-12T22:00:00Z 4006de9c-b43e-4f27-babd-a7bac388db23 https://www.webberwentzel.com//News/Pages/understanding-the-obligation-on-shareholders-regulated-companies-to-disclose-information-related-to-beneficial-shareholders.aspx Private companies that are "regulated companies", as well as the shareholders of such regulated private companies, are required to comply with additional disclosure and reporting obligations as set out in the Companies Act for as long as the company is regulated. 2019-11-10T22:00:00Z c827e1d4-9874-4029-84d6-f78162b6d4c2 https://www.webberwentzel.com//News/Pages/webber-wentzel-is-african-law-firm-of-the-year-at-the-african-legal-awards.aspx Webber Wentzel received the coveted African Law Firm of the Year award at the 2019 African Legal Awards on Friday, 6 September 2019. 2019-09-08T22:00:00Z 6c46d379-d061-48cd-a345-3dcd799fc86c https://www.webberwentzel.com//News/Pages/5-new-partners-and-two-consultants-appointed.aspx Webber Wentzel has appointed five new partners and two consultants, enhancing its leading, full-service offering to its clients 2019-09-02T22:00:00Z 085e961e-ddb2-4a34-92c0-69aff68b83cd https://www.webberwentzel.com//News/Pages/a-u-turn-in-the-regulation-of-cbd-in-south--Africa-paving-the-way-for-the-expansion-of-the-cannabis-market.aspx Since the Constitutional Court in September 2018 effectively decriminalised the possession, use and cultivation of cannabis in private dwellings in South Africa, there has been a rapid surge of CBD-containing products on the South African market. 2019-06-04T22:00:00Z 0ef87f51-5c76-45a2-aa74-79fd0d450720 https://www.webberwentzel.com//News/Pages/amendments-to-the-amended-generic-codes-of-good-practice-on-b-bbee.aspx On 9 April 2019, the Minister of Trade and Industry signed four amendments to the Amended Generic B-BBEE Codes of 2013 (Codes). 2019-06-02T22:00:00Z ce8920d1-a9ee-4179-aaa4-761b0d48c68e https://www.webberwentzel.com//News/Pages/jse-proposes-changes-to-listings-requirements-to-strengthen-regulation-of-primary-listings.aspx On 12 April, the JSE published for comment proposed amendments to its Listings Requirements to strengthen the regulation of primary listings and secondary listings. 2019-04-29T22:00:00Z 883047ab-b739-4a4c-94ae-9b90b3438997 https://www.webberwentzel.com//News/Pages/webber-wentzel-publishes-insights-pieces-looking-at-key-legal-and-regulatory-developments-for-2018-2019.aspx Webber Wentzel together with its alliance partner, Linklaters, recently published a Year in Review and Year to Come 2018/2019 insights piece. This publication highlights significant legal and regulatory developments that took place in South Africa during 2018, and expected changes for 2019. 2019-01-14T22:00:00Z 6eab8464-ddab-4989-8db5-f8ce6d14fbd4 https://www.webberwentzel.com//News/Pages/e-alert-mining-charter-iii-what-you-need-to-know-about-the-final-version-published.aspx The Minister of Mineral Resources, the Honourable Gwede Mantashe (Minister) has now published the final version of the revised Broad-Based Black Economic Empowerment Charter for the South African Mining and Minerals Industry (Mining Charter III). Mining Charter III will come into effect immediately [1] and is purportedly published under section 100(2) of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA).[2] Mining Charter III contains far reaching changes and introduces more onerous compliance obligations than those currently stipulated in the Broad-Based Black Economic Empowerment Charter for the South African Mining and Minerals Industry (2010 Mining Charter). 2018-09-27T22:00:00Z 7c85fc2a-0e04-4c15-85bd-656a3513403a https://www.webberwentzel.com//News/Pages/jse-consultation-paper-aimed-at-enhanced-investor-confidence.aspx On 19 September, the JSE Limited (JSE) released a consultation paper on "possible regulatory responses to recent events surrounding listed issuers and trading in their shares". The JSE's regulation of the South African financial markets has been scrutinised by the investment community following a series of financial and trading scandals that rocked several JSE-listed companies. 2018-09-24T22:00:00Z dc33bd66-f76f-4bd4-b1c5-6b63d442c6b1 https://www.webberwentzel.com//News/Pages/draft-companies-amendment-bill-snapshot-of-key-proposed-amendments.aspx Today the Department of Trade and Industry (DTI) published a draft of the long-awaited Companies Amendment Bill, 2018 (Bill) for public comment. Comments on the Bill must be submitted to the DTI by 20 November 2018. The Bill proposes amendments to the Companies Act, 2008 (Act). The Bill, in its current form, does not propose any amendments to the Companies Regulations, 2011 (Regulations 2018-09-20T22:00:00Z ed6b1e02-ee44-4536-8d9f-a913e845f1b1 https://www.webberwentzel.com//News/Pages/update-on-the-draft-electronic-communications-amendment-bill-key-issues.aspx The Department of Telecommunications and Postal Services published the draft Electronic Communications Amendment Bill (the Draft Bill) for public comment on 17 November 2017. Following receipt of comments from the public, an amended version of the Bill (the Final Bill), which has been approved by the Cabinet, was published in the Government Gazette on 31 August 2018. 2018-09-17T22:00:00Z 8bebdcda-023f-43d3-accb-2f13de48ff54 https://www.webberwentzel.com//News/Pages/key-proposed-changes-to-copyright-laws-software-developers-beware.aspx The Portfolio Committee on Trade and Industry (the Committee) has been meeting to discuss its proposed amendments to the Copyright Act. Proposed changes are significant, as the right to develop and distribute programs such as APIs (application program interfaces) will no longer be limited to the owner or licensee of the copyright in and to the underlying computer program. 2018-09-12T22:00:00Z e10e9eb4-947f-469a-86b1-0c1473837192 https://www.webberwentzel.com//News/Pages/government-introduces-youth-employment-service-initiative.aspx The rate of youth unemployment in South Africa is soaring. Government has introduced an incentive to contribute towards job creation for black South African youths. Entities which are measured in terms of their contributions towards Broad-Based Black Economic Empowerment (B-BBEE) may now achieve enhanced recognition through their qualifying contributions in the Youth Employment Service (or Y.E.S) initiative. 2018-08-29T22:00:00Z e7d13563-e48a-49be-953e-4c6c271ce218 https://www.webberwentzel.com//News/Pages/companies-amendment-bill-gains-momentum.aspx Yesterday Cabinet approved the publication of the Companies Amendment Draft Bill (Bill) for public comment. The Bill, once approved, will amend the Companies Act, 2008. The stated purpose of the Bill is to reduce the regulatory and administrative burdens to business owners and enhances South Africa’s attractiveness to potential investors. 2018-08-22T22:00:00Z 1db0a751-d631-461d-8dff-5f52556d02f5 https://www.webberwentzel.com//News/Pages/accelerating-acceleration-knife-capital-opens-call-for-fourth-grindstone-growth-exit-readiness.aspx The numerous South African SME ecosystem reports that have been published so far in 2018 paint a picture of a rising tide in entrepreneurship: an increasing number of incubators with a diverse range of focus areas, entrepreneurship as an acceptable viable career path, and more money available to fund entrepreneurs then ever in the history of South Africa. So, with all the positive momentum, why does the percentage of successful entrepreneurial ventures not increase exponentially? The ecosystem does clearly more in terms of quantity, but is it delivering the results, the quality, South Africa needs? 2018-07-18T22:00:00Z 6d84d46c-e064-4036-afde-1661e9bb23e5 https://www.webberwentzel.com//News/Pages/revised-draft-amendments-to-b-bbee-codes-released-for-public-comment.aspx On the 15th of June 2018, the Minister of Trade and Industry published draft amendments to the Preferential Procurement and Enterprise and Supplier Development element of the generic B-BBEE Codes, which will be open for public comment for a period of 60 days. 2018-06-21T22:00:00Z c7625124-9cb6-46f4-829d-ae51ee15b525 https://www.webberwentzel.com//News/Pages/webber-wentzel-wins-at-the-2018-gea-gp-and-advisor-awards.aspx Webber Wentzel has won the 2018 Private Equity Africa (PEA) Local Legal Advisor of the Year Award at the 7th Annual PEA GP & Advisor Awards. The Awards, held in partnership with the London Business School Private Equity Institute, celebrate the achievements of private equity houses and their advisors. 2018-06-18T22:00:00Z 49515d1e-35da-4b37-956c-0965cb602a4f https://www.webberwentzel.com//News/Pages/high-court-decision-clarifies-appraisal-rights-of-minority-shareholders.aspx The High Court of South Africa, Western Cape Division, recently delivered a judgment that provided some clarity on the provisions of the Companies Act 2008 (Act) relating to appraisal rights of minority shareholders. 2018-06-18T22:00:00Z dd0c4fb7-bc30-441a-89e9-62b8db3388a2 https://www.webberwentzel.com//News/Pages/insights-and-next-steps-the-new-mining-charter-iii.aspx On Friday 15 June 2018 Mining Charter III was published for public comment. While the Mining Charter III is an improvement on the June 2017 version, it does contain far reaching changes and introduces more onerous and more stringent compliance obligations than those provided for in the 2010 Mining Charter. 2018-06-17T22:00:00Z c86e516e-c7ad-46cc-8c76-6d4a68bf9bae https://www.webberwentzel.com//News/Pages/iflr1000-women-leaders-guide-2018-recognises-webber-wentzel.aspx The IFLR1000 recognised Sally Hutton, Karen Couzyn, Safiyya Patel and Angela Simpson as part of this year’s Women Leaders.  2018-06-12T22:00:00Z 9e32169e-1729-43f1-a9d0-9c41e20c74d3 https://www.webberwentzel.com//News/Pages/nigeria-investment-insights.aspx After years spent in deep recession, Nigeria is now starting to see some upward movement in its GDP numbers. Such positive economic indicators offer good opportunities for investors. 2018-06-03T22:00:00Z 8bbd9972-0707-4890-8281-7aea5ee7e6d7 https://www.webberwentzel.com//News/Pages/refining-rules-for-debt-financed-acquisitions-of-controlling-interest-in-an-operating-company.aspx Section 24O of the Income Tax Act 58 of 1962 (ITA) was introduced in 2012 and was aimed at discouraging the use of so called "debt push-down" structures (using section 45) by deeming interest incurred on a loan used by a taxpayer to acquire shares in a resident operating company (as defined in section 24O), to be incurred in the production of the income of that taxpayer and laid out for the purposes of its trade. 2018-05-22T22:00:00Z ca17d604-50b3-4158-b0db-54b8b24218c9 https://www.webberwentzel.com//News/Pages/webber-wentzel-ignite10-the-innovators-to-watch-in-2018.aspx Webber Wentzel has selected 10 successful start-ups and scale-ups to join the Webber Wentzel Ignite legal incubation programme. 2018-04-17T22:00:00Z 83d67c4a-f908-43ae-8c38-199955456c0a https://www.webberwentzel.com//News/Pages/sars-snuffs-out-lion-match-s-novel-application.aspx The Taxpayer, Lion Match Company Proprietary Limited, disposed of its shareholding in Kimberly Clark Group during 2008 and ascribed the market value to the shares as at 1 October 2001 as the base cost in determining its taxable capital gain on the disposal. 2018-04-15T22:00:00Z 69494066-045a-4b48-83b0-c08b49907862 https://www.webberwentzel.com//News/Pages/webber-wentzel-deploys-luminance-s-artificial-intelligence-platform-in-south-africa.aspx Leading South African law firm, Webber Wentzel, has adopted Luminance’s artificial intelligence technology to enhance its due diligence processes for M&A transactions.  The agreement marks another major international win for the fast-growing AI platform. 2018-04-08T22:00:00Z 1219c52f-0793-4e72-878e-42245475eb80 https://www.webberwentzel.com//News/Pages/high-court-decision-a-victory-for-supporters-of-once-empowered-always-empowered-principle.aspx A judgment handed down on 4 April 2018 by the High Court of South Africa, Gauteng Division, Pretoria is a victory for supporters of the "once empowered, always empowered" principle, finding that a mining right holder will be able to retain its empowerment status even if its empowerment partner(s) disposes of its stake in mining right holder. 2018-04-04T22:00:00Z 36e3fbb8-a02e-40a1-a7f5-f68938f47413 https://www.webberwentzel.com//News/Pages/interaction-between-share-buyback-and-corporate-rules-to-be-reviewed.aspx There have been various amendments to the Income Tax Act 58 of 1962 (ITA) targeting the perceived abuse of share buybacks and dividend stripping arrangements since 2011.  2018-03-27T22:00:00Z 419ef756-74e7-44dd-8675-4f4d6bb42725 https://www.webberwentzel.com//News/Pages/international-conference-circuit-reveals-a-resurgence-of-interest-in-the-african-mining-industry-the.aspx For almost a decade and as part of its on-going thought leadership initiatives, Webber Wentzel, has hosted a breakfast seminar at the start of the Prospectors and Developers Association of Canada's International Conference (PDAC) in Toronto, Canada. 2018-03-27T22:00:00Z 706db90d-5d4d-468d-af0f-503fbfb07a2c https://www.webberwentzel.com//News/Pages/webber-wentzel-hat-trick-dealmakers-mergermarket-thomson-reuters.aspx Having been recognised earlier this year by Mergermarket and Thomson Reuters* as leading legal advisers in Mergers and Acquisitions (M&A) in South Africa and Sub-Saharan Africa, Webber Wentzel re-affirmed its market leading position at the 17th DealMakers Annual Gala Awards 2018-02-20T22:00:00Z 1472931b-3ec0-4c6e-9a99-e559bbeeb64d https://www.webberwentzel.com//News/Pages/mining-indaba-2018-client-update.aspx This week kicked off with the industry's big event, the Mining Indaba. It was a fantastic week and a good opportunity to meet with our clients and key industry stakeholders in beautiful Cape Town. 2018-02-07T22:00:00Z be524fd5-c3aa-4472-824b-f7825e350c61 https://www.webberwentzel.com//News/Pages/mining-indaba-media-release.aspx This morning kicked off with some warm introductions and the Minister's Speech. Although there was some speculation related to whether or not Minister Zwane would give the speech, he did in fact arrive and deliver it. 2018-02-04T22:00:00Z 56e261fe-940b-446c-a12b-d3108ea878eb https://www.webberwentzel.com//News/Pages/webber-wentzel-managing-partner-named-professional-of-the-year-at-south-african-professional.aspx Webber Wentzel's managing partner, Sally Hutton was honoured with two awards at the annual South African Professional Services Awards (SAPSA) held on 1 February 2018, namely Professional of the Year - Law Class and the highly coveted South African Professional of the Year - Overall Winner. 2018-02-01T22:00:00Z 2805f22a-15aa-4840-a5d8-9fd46576ec31 https://www.webberwentzel.com//News/Pages/presentation-from-the-financial-regulatory-workshop-on-recent-developments-in-the-financial-services.aspx Thank you to all who attended the Webber Wentzel Financial Regulatory workshop on recent developments in the financial services sector hosted on Wednesday, 24 January 2018 in Cape Town and Thursday, 25 January 2018 in Johannesburg. 2018-01-25T22:00:00Z 51299eda-d009-4a64-978d-fda5c9a2bb12 https://www.webberwentzel.com//News/Pages/south-africa-year-in-review-and-year-to-come-2017-2018.aspx In 2017, we saw significant legal and regulatory changes affecting South African businesses. It is likely that 2018 will bring further changes. 2018-01-24T22:00:00Z 6581f735-6af5-4dee-96c5-b85e57872cf1 https://www.webberwentzel.com//News/Pages/mining-industry-dislocation.aspx Industry hopes that the new broom sweeps clean. 2018-01-22T22:00:00Z 60cf6990-777a-44fe-b517-b49868783680 https://www.webberwentzel.com//News/Pages/starts-ups-should-embrace-not-fear-the-legal-nitty-gritty.aspx Inventory, wages, premises and cash flow are just a few of the concerns shouldered by the modern-day entrepreneur. 2018-01-14T22:00:00Z 7bcb67bb-8388-43cd-bcfc-8a33752e0591 https://www.webberwentzel.com//News/Pages/amended-b-bbee-construction-sector-code-effective-from-1-december-2017.aspx On 1 December 2017, the Department of Trade and Industry published the amended construction sector code of good practice on broad-based black economic empowerment (B-BBEE) (Amended CSC). 2017-12-07T22:00:00Z 9e87dff3-e4e9-4f45-8feb-a63f3ade8e54 https://www.webberwentzel.com//News/Pages/webber-wentzel-launches-webber-wentzel-ignite-a-legal-incubation-programme-for-entrepreneurs.aspx Webber Wentzel has launched Webber Wentzel Ignite - a legal incubation programme that will provide selected entrepreneurs and innovators with: 2017-12-06T22:00:00Z dc149f03-fd9e-4f6a-afbc-18cf725bf12b https://www.webberwentzel.com//News/Pages/amended-b-bbee-financial-sector-code-effective-from-1-december-2017.aspx On 1 December 2017, the Department of Trade and Industry published the long-awaited amended financial sector code of good practice on broad-based black economic empowerment (B-BBEE) (Amended FSC). 2017-12-05T22:00:00Z 785873e4-13a9-485d-83d7-0db6f6af018a https://www.webberwentzel.com//News/Pages/Corporate-Round-up-October-2017.aspx DEBRIEF ON THE DTI COMPANY LAW SEMINAR - In our last Corporate Round-up, we reported that the Department of Trade and Industry (DTI) is considering amendments to the Companies Act 2008. 2017-10-30T22:00:00Z 02c76515-49a0-488e-a906-92518b8189c1 https://www.webberwentzel.com//News/Pages/traversing-the-boundaries-of-competition-law.aspx In the current times of widespread economic uncertainty, managing regulatory risk is no easy feat. The multi-faceted aspects of competition law add to the challenge and pose unique complexities when doing business in Africa, particularly from a mergers and acquisitions perspective. 2017-09-26T22:00:00Z c9448436-88d5-4004-8e9c-b53502c825d6 https://www.webberwentzel.com//News/Pages/petroleum-and-liquid-fuels-sector-transformation-charter-to-be-amended.aspx On 13 September 2017, the Department of Trade and Industry informed the public via proclamation (Proclamation) of the intention of the Department of Energy and the Petroleum and Liquid Fuels Industry to align the Petroleum and Liquid Fuels Sector Transformation Charter (Charter) (which is Schedule 1 to the Petroleum Products Act, 1977) to the Broad-Based Black Economic Empowerment (B-BBEE) Act, 2003 and the generic B-BBEE codes through a stakeholder consultative process. 2017-09-18T22:00:00Z fc194b3c-da8c-4e79-8bc6-bd8ab287bbe0 https://www.webberwentzel.com//News/Pages/new-merger-notification-thresholds-and-filing-fees-effective-from-1-october-2017.aspx As published in Government Gazette No. 41124 dated 15 September 2017 (available here), new merger notification thresholds for intermediate mergers compulsorily notifiable to the Competition Commission, as well as new merger filing fees for intermediate and large mergers, will be effective from 1 October 2017. 2017-09-17T22:00:00Z 17ae9a06-cf4e-4303-8271-283859e8b5c8 https://www.webberwentzel.com//News/Pages/corporate-round-up.aspx DEBRIEF ON THE DTI COMPANY LAW SEMINAR - On 24 and 25 August, the Department of Trade and Industry (DTI) and the Specialist Committee on Company Law hosted a Company Law Seminar in Johannesburg. 2017-09-13T22:00:00Z 88c4c003-1b3e-444d-a692-c088180a7467 https://www.webberwentzel.com//News/Pages/popi-regulations-open-for-comment.aspx Further to our last e-alert (available here) on POPI (or POPIA, as it is now referred to by the Information Regulator), the Information Regulator has now issued draft regulations (click here and here) for public comment. 2017-09-10T22:00:00Z b1e1f3f4-3690-4e23-8038-b210cccd3bc0 https://www.webberwentzel.com//News/Pages/the-medicines-and-medical-devices-regulatory-landscape-is-changing.aspx On Friday, 25 August 2017, the Minister of Health repealed and replaced, in its entirety, the General Regulation made under the Medicines and Related Substances Act, 1965 (the Medicines Act). 2017-08-27T22:00:00Z 684980b0-15cc-444c-ad83-93d10b25fcb0 https://www.webberwentzel.com//News/Pages/yet-another-zwane-faux-pas-minister-of-mineral-resources-may-bring-an-ailing-industry-to-its-knees.aspx On 15 June 2017, the Minister of Mineral Resources (Minister) published the Broad-Based Socio Economic Empowerment Charter for the South African Mining Industry, 2017 (Mining Charter III) under the auspices of section 100(2)(a) of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA). 2017-07-19T22:00:00Z acdaa308-658c-4ffe-b096-ede101227ad7 https://www.webberwentzel.com//News/Pages/south-africa-s-grapple-with-transformation-in-sport.aspx South Africa's constitutional democracy ushered in an era of hope and change for all South Africans, particularly those South Africans who were oppressed by discriminatory laws, through the brutality of colonialism and apartheid. 2017-07-18T22:00:00Z a5ddbf9e-10da-4810-b931-665207156e15 https://www.webberwentzel.com//News/Pages/the-mineral-and-petroleum-resources-development-amendment-bill.aspx Last week Webber Wentzel engaged with the Select Committee on Land and Minerals to highlight some unintended consequences in the proposed amendments to the Mineral and Petroleum Resources Development Amendment Bill (MPRDA Bill). 2017-07-03T22:00:00Z 68cddad2-1f5f-4340-8864-02dc1064088f https://www.webberwentzel.com//News/Pages/amended-b-bbee-property-sector-code.aspx On 9 June 2017, the Department of Trade and Industry (DTI) issued the amended Broad-Based Black Economic Empowerment (B-BBEE) Property Sector Code (2017 Property Sector Code), which is committed to advancing the objectives of B-BBEE within the property sector. 2017-06-29T22:00:00Z 6c73a33e-c104-43e7-9655-b9c5834ad1c9 https://www.webberwentzel.com//News/Pages/reporting-major-bee-transactions.aspx The BEE Regulations of 2016, promulgated under the BEE Act, provide for the process of registering a major BEE transaction with the BEE Commission. 2017-06-25T22:00:00Z d4ab40f0-ba8e-4f77-a0e4-cf802e10f12f https://www.webberwentzel.com//News/Pages/POPI-update-Key-takeaways-from-the-Information-Regulator's-first-briefing.aspx Further to our last e-alert on POPI (or POPIA, as it is now referred to by the Information Regulator) the Information Regulator held its first public briefing on Monday 2017-02-14T22:00:00Z 51340aaa-e7b1-4bcc-8d0c-81e7ce5e4005 https://www.webberwentzel.com//News/Pages/National-Assembly-recommends-Pansy-Tlakula-as-Chairperson-of-the-Information-Regulator-.aspx This week has seen a significant step towards the long-awaited implementation of the Protection of Personal Information Act (POPI). 2016-09-08T22:00:00Z