The Legal 500

Legal Developments in South Africa

• REPORT ON THE FUTURE PLANS OF THE KOREA FAIR TRADE COMMISSION

  On September 22, 2011, the Korea Fair Trade Commission (the “KFTC”) reported its future plans to the National Assembly’s Government Affairs Committee (the “Committee”) during the National Assembly’s Audit, details of which are described below.
  - Kim & Chang

• Bowman Gilfillan partners with employee benefits specialists

  The partners of Hunter Law, a Johannesburg-based practice specialising in employee benefits and financial services, have joined Bowman Gilfillan, one of South Africa’s premier corporate law firms, with effect from 1st October 2011.
  - Bowman Gilfillan

• Cyber squatting vultures circle Amy Winehouse grave

  Amy Winehouse was not long gone before the domain names <amywinehousefoundation.org> and <amywinehousefoundation.uk.org> were registered.
  - Bowman Gilfillan

• Music Piracy – Is the tide turning?

  The internet has created a platform which allows artists to reach worldwide audiences and gives these audiences the ability to access their music directly from their homes. It has also spawned a direct distribution system of content to consumers and created a competition monster for music retailers and distributors.
  - Bowman Gilfillan

• Consumer Protection Act could make property harder to rent

  The recently enacted Consumer Protection Act (CPA) gives tenants who are individuals too many rights at the expense of landlords and could make it harder for them to find properties to rent, says Taryn Harris, property lawyer at corporate law firm Bowman Gilfillan.
  - Bowman Gilfillan

• New Tax Administration Bill impacts taxpayers’ rights

  The Tax Administration Bill 11 of 2011 may face constitutional challenges should it be promulgated in its current form. Betsie Strydom, tax partner at corporate law firm Bowman Gilfillan, says that the Bill:  gives SARS much wider powers;  impacts on taxpayers’ rights; and  contains provisions that could affect taxpayers’ rights to hold a passport, to travel and to trade.
  - Bowman Gilfillan

• JOHANNESBURG PROPERTY SELLERS FACE CASH SQUEEZE BECAUSE TRANSFERS ARE TAKING TOO LONG

  Property sellers are increasingly facing a cash squeeze because transfers in Johannesburg are taking too long, says Taryn Harris, property attorney at legal firm Bowman Gilfillan.
  - Bowman Gilfillan

• The Very New Private Investment Law

  A Private Investment Law (NPIL) was enacted two months ago, by way of law 20/11, of 20th May 2011.
  - Miranda Correia Amendoeira & Associados

• How to stop fraud before it happens

  Stopping fraud before it happens is the ultimate goal of a successful fraud prevention and awareness programme. Whilst it is important that fraud prevention controls are robust and are methodically implemented, too often companies fail to recognize that it is the perception of the likelihood of detection and sanction which discourages a person from perpetrating fraud, rather than the actual effectiveness of the internal controls and anti-fraud measures.
  - Bowman Gilfillan

• Consumer Protection Act and leases

  The Consumer Protection Act 2008 (“ the Act ”) was assented to on 24 April 2009 and is to come into operation incrementally with the majority of the provisions coming into effect 18 months after the date on which the Act was signed by the President.   Accordingly the majority of the provisions of the Act will come into operation on 24 October 2010.
  - Bowman Gilfillan