The overriding intention of South Africa’s Competition Amendment Bill of 2018, introduced in parliament on 12 July 2018, is to address perceived high levels of concentration and the skewed ownership profile of the South African economy. The competition authorities have consistently expressed concerns about the large number of dominant firms operating in the economy
South Africa
SA poised to follow suit in utilisation of non-competition merger control to protect State security in foreign mergers
A controversial introduction in the latest draft of South Africa’s Competition Amendment Bill of 2018 is the inclusion of a section that requires the State President to constitute a standing committee of cabinet ministers and public officials to consider whether a merger, involving a foreign acquiring firm, will be adverse to national security interests in…
Asset management in South Africa – Ten things to know
1. Licensing of asset managers
South African asset managers must register as financial service providers (FSPs) with the Financial Services Board (FSB) under the Financial Advisory and Intermediary Services Act (FAIS). Any person carrying on asset management business in South Africa, or from abroad directed at South African clients, whether in a discretionary or non-discretionary…
South Africa: Insurance Act assented by State President
On 18 January 2018, the Insurance Act was published in the Government Gazette after it had been assented to by the State President. It is known as the Insurance Act 2017.
The Insurance Act, which was tabled in the National Assembly in January 2016 and completed its journey through the parliamentary process in December 2017,…
South Africa: POPI regulations published for comment
The South African Information Regulator published draft regulations under the Protection of Personal Information Act 2013 (POPI) for public comment by 7 November 2017.
The regulations cover various procedural items, including:
- the manner of objecting to the processing of personal information;
- requests for correction or deletion of personal information;
- the application form for industry codes
…
South Africa: Twin Peaks signed into law
The Financial Sector Regulation Bill was signed into law by President Zuma on 21 August 2017. The commencement dates for the new Financial Sector Regulation Act (FSR Act) are not yet known.
The act provides the architecture for the new ‘twin peaks’ method of regulation to be adopted across the South African financial services industry,…
South Africa: Licence restrictions as deprivation of property
A licence restriction in legislation is not a deprivation of property for the purposes of section 25 of the Bill of Rights unless the right that has been taken away from licensees constitutes a right or interest worthy of protection and is substantial enough that its removal constitutes deprivation.
The SA Diamond Producers Organisation complained…
South Africa: Comment on the Cybercrimes and Cybersecurity Bill extended to 10 August 2017
A revised draft of the Cybercrimes and Cybersecurity Bill was tabled in Parliament in February 2017. See our previous post on the major changes to the original draft published for public comment in August 2015.
At the beginning of July 2017, the portfolio committee on justice and correctional services called for public comments on the…
South Africa: Law Commission report on medico-legal claims for comment by 30 September 2017
The South African Law Reform Commission has issued a lengthy paper on the investigations into medico-legal claims with proposals for the reform of the law in connection with those claims.
The paper discusses the current situation and the legal principles underlying claims for damages for medical negligence, state liability, the basis for payment of compensation…
South Africa: Sugar tax
Before purchasing a sugar sweetened beverage (SSB), spare one thought for the health consequences and another for your wallet. Late 2017 is likely to see the introduction of a new tax in South Africa in the form of a health promotion levy (or sugar tax).
Empirical evidence suggests that the quality of human health has…