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Knowles Husain Lindsay Inc Attorneys News

Whether excessive pricing has been clarified and settled in South African Competition law

3rd May 2017 In South Africa, excessive pricing is regarded as one of the most harmful contraventions of the Competition Act as it has an explicit damaging impact on consumers. It is within the scope of abuse of dominance which directly contradicts the preamble of the Act which aims to “promote the... 

The ‘crafty’ use of business rescue mechanisms and financial support from private equity funds may play a fundamental role in the economic rehabilitation of South Africa as an emerging market

5th April 2017 The introduction of the business rescue provisions as part of the new Companies Act in South Africa has contributed to a fair degree of economic growth and sustainability in the country’s expanding sector of distressed companies. The fact that data provided by the Companies and Intellectual... 

The Practical Implications Of “Reinstating” A Credit Agreement

10th January 2017 This case – Nkata v Firstrand Bank Limited and others [2016] ZACC 12 – deals with the “reinstatement” of a credit agreement under the National Credit Act, No. 34 of 2005 (the “NCA”).  In this context “reinstatement” means the remedying by a consumer of his/her default under his/her credit... 

Far-Reaching Requirements For Company Takeovers

6th December 2016 Even small mergers and acquisitions need to be addressed with the Takeover Regulation Panel (the “Panel”) in terms of the Companies Act, No. 71 of 2008 (the “Companies Act”).  Along with the JSE Listings Requirements and the Competition Act, No. 89 of 1998, the Companies Act governs mergers and... 

South Africa’s new customs regime – progress or regress?

3rd October 2016 The Customs and Excise Act, 1964 may understandably be said to be out of date and no longer adequate for the proper monitoring and control of the import and export of certain goods in South Africa. Simply, in terms of the massive technological advancements which have taken place in the last 20... 

The Cybercrimes and Cybersecurity Bill: Obligations on Electronic Communications Service Providers

29th August 2016 “Dearest Sir / Madam, I am a wealthy foreigner desirous of urgently transferring $100 000 000 into your account and to do so I need your assistance in the form of a small deposit, your banking details and identity number. This is 100% legitimate.” Does this sound familiar? It probably does....