Drone regulations in South Africa

Samantha Kelly discussed balancing her career and her role as a mom

Samantha Kelly, Counsel in the Real Estate Law practice was featured in the DealMakers Women 2024 Issue where she discussed balancing her career and her role as amom. 

Capacity building and fostering expertise in international arbitration in Africa

The central theme of the Johannesburg Arbitration Week 2024 (JAW) was showcasing arbitration in Africa. This prompted engaging discussion and renewed calls for the Africanisation of international arbitration. This encompasses African disputes being arbitrated in Africa, presided over by African arbitrators, administered by African arbitral institutions, and argued by African lawyers. With expanding foreign direct investment in Africa and the expansion of BRICS to Egypt and Ethiopia, the calls to ensure that Africa has a voice in and imprint on the international arbitration proceedings it participates in are gathering momentum. This ensures that Africa’s unique priorities and experiences are sufficiently taken intoconsideration.  

Note to lenders: Strengthen your securities by transitioning GLA titles

Consider a situation where a lender is processing a financial facility secured by two properties within the Government Lands Act (GLA) land regime. On one hand, they receive a converted GLA title, while on the other hand, they encounter a Form LRA 33 transfer instrument as the title document. The lender is suddenly faced with a dilemma: how do they reconcile the deferring formats and ensure that both titles are equally credible and secure? This underscores the important question about consistency, reliability and legal interpretation addressed in our previous article on transitioning GLAtitles. 

Early Detection of Fraud and/or Corruption in Arbitrations: Lessons from the Recent English Court Decisions?

Two recent English Commercial Court decisions serve as a warning to dishonest parties hoping to exploit the arbitral process to obtain or enforce fraudulent or corrupt arbitration awards. The English courts generally follow a non-interventionist approach when it comes to the challenge of enforcement of arbitral awards. However, these recent decisions signify that the Commercial Court can and will use its statutory powers to intervene, investigate and order disclosure to uphold the legitimacy of the arbitral process and parties’rights.  

Health and Safety in the Workplace: Occupational Health and Safety Act (OHSA) - Pending Amendments

The legitimacy of soft skills evaluation as grounds for termination of employment

On 30 September 2024, the Employment and Labour Relations Court rendered a judgment in Daniel Kang’ethe Mbugua v Smart Applications International Limited (Employment and Labour Relations Courts Cause No. 359 of 2019), affirming that the claimant’s termination of employment was fair, based on concerns regarding his soft skills. This article discusses the judgment, while offering practical guidance to employers to ensure that their evaluation processes align with legal requirements and best practices.