Bowmans (Law Firm)

INSIGHTS | Manufacturers and suppliers active in South Africa should give careful consideration to the Draft Vertical Restraints Regulations published by the then Minister of Trade, Industry and Competition on 3 June 2024. This draft proposes that certain kinds of restrictions, which are currently commonly applied on dealers or distributors in many jurisdictions, should be regarded as unlawful in South Africa. #CompetitionLaw partners, Heather Irvine and Judd Lurie, provide more detail in the below article for Business Law & Tax.

NEWSFLASH | The Department of Communications and Digital Technologies  has published the National Policy on Data and Cloud. The Policy - which still needs to be approved by Cabinet - aims to manage and utilise data efficiently, using #CloudComputing #technology. Its main objectives are to improve government #ServiceDelivery and boost #SocioEconomicDevelopment by encouraging data-driven decision-making and creating tradeable data-based goods and services, thereby supporting the growing #DigitalEconomy. Our #TMT team of partner, Daniel Pretorius, associate, Sinenhlanhla Dlamini, and Tanya Chivaura provide more information on the provisions of the policy here: https://lnkd.in/dDQfh4aS

We recently successfully represented The Global Fund to fight AIDS, Tuberculosis and Malaria - an international organisation established in Switzerland - in the Supreme Court of Appeal (the SCA). This judgement is important and decisive in its declaration that an internet publication in and of itself is insufficient for purposes of conferring jurisdiction on the South African courts, absent other connecting factors. The dispute to be decided: was the High Court correct in holding that it did not have jurisdiction to entertain an application for interim relief, brought by a global health organisation registered in Singapore, relating to online publication of a report on an investigation that took place in relation to a grant project in Pakistan. The outcome: the SCA ruled that the only connection the matter had to the High Court’s jurisdiction was that the appellant’s attorney accessed the report (an internet publication) in South Africa, which is insufficient to establish jurisdiction. The Bowmans (Law Firm) team was made up of Jane Andropoulos, Ashleigh Graham, Mothobi Moeletsane, Lerato Nthathakane and Alexandra Liedtke, among others, over the years. More detail below.

NEWSFLASH | Last month, the East African Community Council of Ministers published Gazette Notice Volume AT 1 – No. 18 whose effect is to impose #CustomsDuties on certain products imported into Kenya that were previously not subject to duty or vary the customs duties applicable on certain imports. The changes are now in effect. #Tax partners, Alex Mathini and Andrew Oduor, and associates, Kirii Bernard Maina and Brian Odiwuor Otieno, provide is a summary of the notable changes in the Gazette Notice here: https://lnkd.in/d43YpXus

INSIGHTS | Last month (3 June 2024), South Africa's then Minister of Trade, Industry and Competition published Draft Vertical Restraints Regulations in relation to section 5 of the Competition Act for public comment. It seems these draft regulations are partly an attempt to regulate particular kinds of restrictions which have been identified by the The Competition Commission South Africa as problematic in its market inquires to date. In this article #CompetitionLaw partners, Heather Irvine and Judd Lurie, discuss how this could be a signal of a shift towards more regulation. Read more below.

NEWSFLASH | In 2021, procedures were created for the registration of #datacontrollers and #dataprocessors established in Kenya. In July 2022, the Office of the Data Protection Commissioner rolled out the requirement to register. Once issued, the registration certificate is valid for two years - meaning entities that were prompt in filing their registration applications following the rollout will now need to consider renewing their registrations. #DataProtection partner, Ariana Issaias, and associate, Vallarie Yiega, urge data controllers and data processors to stay compliant by renewing their data protection registration certificates. More here: https://lnkd.in/dHRegK_3

AWARDS | The winners of the South African Graduate Employers Association (SAGEA) Awards - widely considered to be the ultimate feather in the cap for #graduateemployers in South Africa - have been announced. We are excited to share that our graduate recruitment team continues to make us exceptionally proud: for the eighth consecutive year, the team has won the Employer of Choice in the #LawSector Award. Please join us in congratulating our stellar #graduaterecruitment and #graduatedevelopment team of Shalin Ledwaba, Kasheer Singh, Paballo Lethale (née Motsoane), Reatile Molefe and Morongwa M. Well done team, this is an exemplary record.   Our head of #TalentAcquisition, Shalin Ledwaba, says 'At Bowmans, ensuring that we deliver exceptional graduate employment experiences for young talent is one of our top priorities. Having our dedicated efforts recognised through this prestigious award, voted for by over 2700 candidates, serves as further motivation to continue to help shape and inspire South Africa’s current and future workforce.' Follow our graduate recruitment showcase page: Bowmans Grads

NEWSFLASH | Malawi’s Competition and Fair Trading Act, 2024 - which is now in effect - repeals the Competition and Fair Trading Act, 1998 in its entirety. This Act is expected to strengthen the mandate of the Competition and Fair Trading Commission, and better align the #CompetitionLaw with current market dynamics and international #bestpractice. Our head of Competition, Tamara Dini, and #Knowledge and Learning lawyer, Nazeera Mia, have compiled a brief analysis of the Act and some notable highlights - available here: https://lnkd.in/d_7SAcRm

INSIGHTS | The Finance Act, 2024 came into operation on 1 July 2024. The Act follows the 2024/25 #NationalBudgetSpeech delivered by the Minister for Finance in Dodoma, Tanzania on 13 June 2024. The below overview supplements our previous commentary on #BudgetSpeech2024 (available here: https://lnkd.in/daUv7ekf) and provides additional observations and key amendments introduced by the Finance Act 2024. The complete overview is available here: https://lnkd.in/d45MKyge The overview was prepared by Charles Mmasi, Fabiola Ssebuyoya, Edwin Prosper,ACCA (UK),CPA(T),Registered Tax Consultant, Kelvin Mosha, Patience Mbugua, Catherine Mokiri, Allen Lema LLB (Hon). MSc (Disc). PGDip LST, and MohammedZameen Nazarali.

RANKINGS | Please join us in congratulating our head of #IP and #Technology, John Syekei, on his inclusion in the WIPR - World IP Review Leaders 2024 Guide. #WIPRLeaders - which is compiled following extensive research into the nominees and a rigorous vetting process - is a one-stop guide to the leading #IntellectualProperty practitioners in the world. Congratulations John. More on John here: https://lnkd.in/dWzU_jpq