News & Analysis as of

South Africa

White & Case LLP

South African Bank and Bank Controlling Company Flac Instruments: Contractual Recognition of the South African Reserve Bank’s...

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The Prudential Authority of South Africa (the "Prudential Authority") published Draft Prudential Standard RA03 entitled "Flac Instrument Requirements for Designated Institutions" (the "Draft Flac Standard") in December 2023...more

Womble Bond Dickinson

Recent Anti-Corruption Updates

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Two recent court Foreign Corrupt Practices Act (FCPA) cases, a significant amendment to the Foreign Extortion Prevention Act (FEPA), and the new pilot whistleblower rewards program show that Anti-Corruption Enforcement...more

White & Case LLP

South Africa M&A regulation: Adapting to change

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A peaceful election and slowing inflation have put M&A markets in South Africa in a more advantageous position. However, taking advantage of South African deal opportunities requires a clear understanding of a rapidly...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - August 2024 - BRICS – Shaping the Future of Global Finance and Investment

Imagine a world where five powerhouse nations are redefining the global economic landscape. BRICS—an acronym for Brazil, Russia, India, China, and South Africa—is not just a coalition of emerging markets; it is a formidable...more

World Law Group

Doing Business in South Africa

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In World Law Group's Doing Business In Guide, member firms around the globe share how to successfully do business in their countries, key investment sectors, and what business opportunities are hot in the market right now. In...more

White & Case LLP

AI Watch: Global regulatory tracker - South Africa

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South Africa is yet to announce any AI regulation proposals but is in the process of obtaining inputs for a draft National AI plan. Laws/Regulations directly regulating AI (the “AI Regulations”) AI remains largely...more

White & Case LLP

LMA publishes Rate Switch Exposure Draft for South Africa

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On May 9, 2024 the LMA published the "Exposure Draft SA Rate Switch Agreement" which includes rate switch mechanics from JIBAR to a backward-looking compounded ZARONIA. The provisions have been published in the LMA's...more

J.S. Held

South Africa’s 2024 Election Outlook

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On 29 May, South Africans go to the ballot box to vote in the country’s most significant election since 1994. Voters will elect members of the national and provincial legislature, with the majority party, or coalition, going...more

Latham & Watkins LLP

Taking Security in Africa: A Comparative Guide for Investors - May 2024

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This guide provides an overview of the types of assets over which security can be taken, the different types of security, as well as the related procedures for the perfection and enforcement of such security in Africa....more

Morrison & Foerster LLP

Finders Are Not Always Keepers: UK Supreme Court Confirms State Immunity in in Rem Claims

In Argentum Exploration Ltd v Republic of South Africa [2024] UKSC 16, the UK Supreme Court held that South Africa was entitled to state immunity in respect of an in rem (i.e., property based) claim by salvors of a World War...more

White & Case LLP

Proposed Directive Pertaining to Loss Absorbency Requirements Published for Comment

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On 26 March 2024 the Prudential Authority published, for public comment, the revised proposed directive on loss absorbency requirements for banks, bank controlling companies and branches of foreign institutions under...more

White & Case LLP

Latest Plans to Increase Nuclear Energy in South Africa

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Nuclear energy has been significant in South Africa's energy landscape for decades. South Africa's focus on nuclear energy (as a low-carbon and efficient base-load source of energy1) is ever-increasing as the global drive...more

Hogan Lovells

Investment protection in the mining sector: A guide to protecting foreign investments in Tanzania

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The mining sector is playing, and will continue to play, an essential role in the energy transition. As demand for critical metals and minerals continues to intensify, a significant increase in foreign investment is likely to...more

Hogan Lovells

Unearthing the unseen: Underground sit-ins epidemic in South African mining

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Mining has long been the backbone of South Africa’s economy. Alongside agriculture, it is the biggest sector of the economy, employing almost half a million people. But beneath its surface lies a growing crisis – the surge in...more

J.S. Held

2024 J.S. Held Global Risk Report: The 2024 Election Megacycle

J.S. Held on

In 2024, an extraordinarily high number of national elections will be held across the globe, including in some of the biggest economies: the United States, United Kingdom, India, Mexico, South Africa, Indonesia, Russia – and...more

A&O Shearman

Jackie Donald on her career path, lessons learnt and global trends in mining

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Meet Jackie Donald, a senior associate from our global mining practice and one of the delegates attending the global Mining Indaba 2024 conference this year, which is focused on the development of mining interests in Africa....more

The Volkov Law Group

Episode 305 -- Deep Dive into SAP FCPA Settlement

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SAP agreed to a three-year deferred prosecution agreement, in exchange for the payment of approximately $220 million in penalties for bribe payments made to South African and Indonesia government officials. DOJ’s resolution...more

A&O Shearman

Lifting the veil of secrecy – South Africa introduces new disclosure requirements and the OECD and SARS together develop...

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Following the 2021 report, the South African Parliament adopted legislative changes in the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 (the GLA Act) to give effect to the...more

A&O Shearman

Decarbonisation in Africa

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As the world focuses on energy transition and decarbonisation, there is clearly no shortage of bold ambition on the part of many African governments to play a key role in global efforts to tackle climate change. Meanwhile,...more

A&O Shearman

Seven thoughts on kickstarting offshore wind in South Africa

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Alessandra Pardini explores the potential for offshore wind in South Africa and the possibility of kickstarting this nascent industry, as well as some of the legal and environmental hurdles the industry will need to overcome....more

A&O Shearman

Tax incentives are crucial to South Africa’s energy transition

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South Africa urgently needs to upgrade its energy systems and transition to renewable energy. Benjamin Mbana highlights how the country’s tax system could play a crucial role in this transition....more

White & Case LLP

High Court of South Africa decisively dismisses public policy challenge to the recognition of a foreign arbitral award

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On 24 August 2023, the Gauteng Division of the High Court dismissed an application for leave to appeal a court order recognising and enforcing a foreign arbitral award under South Africa's International Arbitration Act 15 of...more

White & Case LLP

The Financial Sector Laws Amendment Act: A new dawn for South Africa's Bank Resolution Regime – A look at what you need to know...

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In January 2022, the President assented to the Financial Sector Laws Amendment Act, 2021 (the "FSLAA"), which adds a new Chapter 12A (Resolution of Designated Institutions) (the "Bank Resolution Regime") into the Financial...more

ArentFox Schiff

New Antidumping and Countervailing Duty Petitions on Brass Rod from Brazil, India, Israel, Mexico, South Africa, and South Korea

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On April 27, 2023, the American Brass Rod Fair Trade Coalition, Mueller Brass Co., and Wieland Chase LLC filed antidumping duty (AD) and countervailing duty (CVD) petitions on brass rod from Brazil, India, Israel, Mexico,...more

White & Case LLP

High Court of South Africa affirms South Africa as a pro-arbitration jurisdiction

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On 13 March 2023, the Kwazulu-Natal Division of the High Court stayed an application for the return of goods and the re-payment of substantial sums pending finalisation of arbitration proceedings in London (Lukoil Marine...more

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