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Draft Fee Regulations – Attempts to address incentivising loopholes

19th December 2017 Section 18A of the South African Medicines Act (the Medicines Act) prohibits the supply of any medicine, medical device or in-vitro diagnostic device, according to a bonus system, rebate system or any other incentive scheme. Although no definitions in respect of these prohibited activities have... 

The legal requirement to think about global warming

22nd August 2017 During March 2017 the High Court of South Africa in Pretoria, handed down a decision that has been hailed in some quarters as a victory in the fight against dirty energy and global warming. The court's decision in isolation isn’t a decisive victory for the proponents of clean energy, but it does... 

The mountains are high and the emperor is far away

24th July 2017 In a time before emails, global social media and instant communication, local officials in the vast Chinese empire, could easily disregard the policies and wishes of the capital on the basis that “the mountains are high and the emperor is far away”. One could scarcely think that such an insular... 

The "next highest court"

20th July 2017 On 10 November 2016, the full bench of the High Court of South Africa, Gauteng Division, Pretoria in the case of the Member of the Executive Council for Co-Operative Governance, Human Settlements and Traditional Affairs & 43 Others v Mogalakwena Local Municipality & Another, High Court of South... 

Mining Charter violates shareholder rights – Hogan Lovells

23rd June 2017 Mining Charter Three’s arbitrary increase of empowerment shareholding to 30% violates the property rights of shareholders, and the new charter’s requirement to pay 1% of yearly turnover is not expected to survive challenges under the Companies Act and the Constitution. Property rights under the... 

Once empowered, but not anymore?

23rd June 2017 Swift, decisive and severe. This was the immediate reaction to the much anticipated third mining charter for the South African mining industry. No sooner had the Minister of Minerals announced, published and brought into effect the Third Charter, than the Chamber of Mines announced that it would... 
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Concerns raised over lack of policy framework for competition law changes

Concern has been expressed about the absence of a comprehensive competition policy framework to help guide proposed amendments to competition legislation and facilitate greater alignment with other government policies and programmes, such as the Industrial Policy Action Plan. In December,... 

Water crisis: De Lille's powers limited, tariffs to be introduced

The City of Cape Town voted on Friday to both limit mayor Patricia De Lille's powers to handle the drought crisis, and to introduce punitive tariff measures for residents. A special council sitting on Friday was due to address the introduction of punitive tariffs for residents falling within... 
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