In a recent judgment handed down by the Supreme Court of Appeal (SCA, or the Court) on 30 May 2023, the SCA considered the point at which a mining company can be said to be released from its environmental obligations.
Continue readingSouth Africa: Environmental, Sustainability and Climate Change Law – Legislative Developments in 2023
Changes made to the regulatory framework governing the environment, sustainability and climate change during 2023 are as follows.
Continue readingSouth Africa: Developments in the regulation of green claims and greenwashing
‘Greenwashing’ and ‘green claims’ are relatively new concepts, arising from increased societal scrutiny on business impacts on the environment, and calls that businesses contribute to a less carbon-intensive and more sustainable economy. Given that climate and environmental concerns are playing an increasing role in driving market activity, business can expect greater scrutiny of such claims.
Continue readingHarnessing Africa’s free trade agenda – AfCFTA Protocol on Intellectual Property Rights
One of the specific objectives of the AFCFTA is to enhance co-operation among State Parties on investment, intellectual property (IP) rights and competition policy. Ensuring that IP rights are protected and safeguarded is critical in achieving AfCFTA’s objectives. AFCFTA member states are therefore required to enter into phase II negotiations in respect of IP rights.
Continue readingSouth Africa: Controversial intelligence legislation finally introduced to Parliament
On 17 November 2023, the Minister in the Presidency responsible for national intelligence introduced the General Intelligence Laws Amendment Bill to Parliament.
Continue readingSouth Africa:Â A stir in the pot: Two-pot retirement system faces an uncertain implementation date
After many in the retirement industry may have taken a deep sigh of relief when the National Treasury finally agreed to postpone the implementation date of the much debated two-pot retirement system to 1 March 2025, it appears that the industry may now be caught in a simmering pot of uncertainty –the pot is clearly still being stirred.
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