Tag: Africa

South Africa: Is anti-competitive behaviour insurable?

The August 2016 first-of-its-kind judgment against South African Airways in favour of Nationwide Airlines, for damages arising from conduct that was held to be an anti-competitive exclusionary act preventing Nationwide from entering into or expanding within the travel market, raises the interesting question whether the loss is insurable by the company and the directors. SAA … Continue Reading

Specialty lines insurance in Africa

Africa’s largely untapped specialty lines insurance market has significant opportunities for insurers willing to enter the region. As the market develops, more difficult and unusual risks will be written. Regulations which vary by country must be considered. For example, placing insurance with a locally licensed insurer is often a requirement or a percentage of the … Continue Reading

Doing business in South Africa

Have a look at our Doing business in South Africa publication for an overview of the legal issues relevant to foreign investors wishing to establish or acquire a business in South Africa. South Africa has highly sophisticated financial, mining, commercial, and industrial sectors which compete with the best throughout the world and attract considerable interest … Continue Reading

The regulation of hedge funds in South Africa

In the first formal step toward hedge fund regulation in South Africa, National Treasury has published a s63 declaration under the Collective Investment Schemes Control Act, 2002 (CISCA). Investment funds conducting the business of a hedge fund will, from 1 April 2015, become collective investment schemes (CIS) and will be regulated by CISCA. Hedge funds … Continue Reading

US Regulators highlight importance of pre-acquisition due diligence to avoid liability for corruption

Increasing enforcement of anti-bribery and corruption regulations and an increased focus on compliance have made a pre-acquisition compliance due diligence a common feature of cross-border M&A transactions in Africa and elsewhere. Many experienced transaction attorneys and dealmakers will be aware of the limits of even the most thorough due diligence. This has led to concerns … Continue Reading

Transacting in Africa – did you know?

Africa’s diversity is reflected in its legal systems. The following legal curiosities give a taste of what makes the continent such an interesting, and sometimes challenging, place to transact. Did you know? A Nigerian guarantor cannot make payment under a guarantee denominated in South African Rand without a Certificate of Capital Importation. This is issued … Continue Reading

Insurance in Africa

There are many opportunities in Africa because the insurance market is largely untapped.  Below are some of the legal issues you need to be mindful of when doing business in the continent. For more detail read our Introduction to insurance business in Africa: Ten things to know. 1. Jurisdiction Africa is made up of 55 … Continue Reading
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