Business Law Focus: Recent Episodes
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The Business Law Focus podcast series covers the latest and most important developments in business law and tax. Through exclusive interviews with leading experts in the field and the lawyers actually arguing the most important cases, these interviews cut through the noise to provide legal insights that matter for the C-suite, entrepreneurs and professionals.
While many have welcomed the Constitutional Court's long-awaited judgment on the Copyright Amendment Bill (CAB) and the Performers' Protection Amendment Bill (PPAB), South Africa's copyright reform journey is far from over.
In this edition of Business Law Focus, host Evan Pickworth speaks to Chola Makgamathe, General Manager: Legal at the Southern African Music Rights Organisation (SAMRO), about what the landmark ruling really means for creators, businesses and the future of intellectual property law.
In a world where each regional competition regulator has distinct merger control triggers and thresholds, assessment frameworks, regulatory powers, policy prerogatives and stakeholders to appease, it may become a case of too many cooks spoiling the broth unless a solution is found.
In this edition of Business Law Focus, host Evan Pickworth interviews Lesetja Morapi from Herbert Smith Freehills Kramer on the pressing need for the various regional competition regulators to co-ordinate and agree a framework that ensures that transactions with regional effects do not need to be filed with multiple regional regulators with overlapping jurisdiction.
The 22 April 2026 judgment of the Constitutional Court in Absa Bank Limited and Another v Commissioner for the South African Revenue Service marks a significant development in South African tax law. For the first time, a higher court has provided authoritative guidance on the interpretation and application of the general anti-avoidance rule (GAAR) in section 80A of the Income Tax Act.
In the latest edition of Business Law Focus, host Evan Pickworth speaks to leading tax expert and AJM founder, Dr Albertus Marais, about the implications of the ruling — including why one of the court’s eminent tax specialists issued a dissenting judgment.
The recent withdrawal of South Africa’s Draft National Artificial Intelligence Policy by the minister of communications and digital technologies was an extraordinary and embarrassing saga. The very document meant to govern AI in South Africa had been compiled with the assistance of generative AI, and contained, on the minister’s own account, “various fictitious sources in its reference list”.
In this edition of Business Law Focus, host Evan Pickworth interviews Charles de Wet, a Tax Executive at ENS. Charles has more than three decades of experience advising local and international clients across multiple industries.
Notably, he was part of the team at the South African Revenue Service that implemented VAT in 1991. As such, a key question in the interview is whether VAT could again become a barrier after the significant delays last year. De Wet also explores why a wealth tax should be off the table, how smaller businesses could face less red tape, and why excise duties should, in an ideal world, be tempered.
In the first edition of Business Law Focus for 2026, host Evan Pickworth interviews Johan Steyn, a human-centred AI advocate, thought leader, and founder of AIforBusiness.net. While there is plenty of bluster and bravado about AI, there is also genuine concern, especially for lawyers who use it as a shortcut rather than a support tool and do not verify outputs. There are also clear use cases that simply cannot be ignored in 2026. While a National AI Policy Framework is being finalised, there is a need for stricter controls and a better understanding of accepted practical benefits today.
In this edition of Business Law Focus, host Evan Pickworth interviews Avishkar Harriparsad, Partner, PKF Durban, about a new era of tariff turbulence, what businesses can expect, and how to navigate the choppy waters.
On 5 September 2025, the South African Revenue Service (“SARS”) released a media statement reminding social media influencers of their obligation “to declare income earned from brand collaboration, sponsored content, and affiliate marketing, whether they have been paid in cash, products, or services.” In this edition of Business Law Focus, host Evan Pickworth interviews Megan Landers, Senior Manager, at specialist tax firm AJM, to unpack what this means for those getting paid to post.
When introduced in 2009, the R1 million VAT threshold was generous. But inflation has eroded its real value. In this edition of Business Law Focus, host Evan Pickworth speaks to tax expert from AJM, Leonard Willemse, about why the threshold should change and what the ideal level could be.
Employment equity targets published by employment & labour minister Nomakhosazana Meth in April are facing a legal showdown in court.
In this edition of Business Law Focus, host Evan Pickworth interviews labour expert from Baker McKenzie, Johan Botes, on what the changes may mean for business once implemented, key timelines and arguments for and against the changes.
Milton Cheng, the Global Chair of Baker McKenzie, joins host Evan Pickworth to discuss how geopolitical dynamics and resilience influence legal approaches in today’s interconnected world.
In this edition of Business Law Focus, host Evan Pickworth interviews Ntebaleng Sekabate and Charles de Wet, Executives in ENS's tax practice, to unpack themes and trends to expect ahead of the Budget speech on February 19.
Many South Africans have experienced the frustration of receiving countless spam calls or unsolicited e-mails and text messages urging them to buy products or take up credit offers. To address these unwanted marketing intrusions, the Department of Trade, Industry and Competition has published proposed amendments to the regulations under the Consumer Protection Act, 2008 and calls for public comments by 15 January 2025.
In this edition of Business Law Focus, host Evan Pickworth is joined by Ashlin Perumall, Partner in the Mergers and Acquisitions department at Baker McKenzie South Africa, to discuss how these proposed amendments aim to enhance consumer privacy and provide stronger protection against unsolicited direct marketing practices, especially direct marketing by means of unsolicited electronic communications.
In the latest edition of Business Law Focus, host Evan Pickworth interviews Michael Hewson, founder and director of Graphene Economics. They discuss key trends for big business on the transfer pricing front and unpack the recently introduced Global Minimum Tax Bill.
South Africa was added to the dreaded "grey list" in February 2023 for weaknesses in its anti-money laundering (AML) and combating the financing of terrorism (CFT) measures. While some notable progress has been made, especially in getting the private sector to update its reporting processes and being penalized if they do not, terrorist financing and money laundering remain lingering worries. One area under the microscope is nonprofit organisations, which are seen as vulnerable to terrorist financing abuse and money laundering. SARS has, therefore, undertaken to carefully oversee tax-exempt institutions to prevent their use for illegal activities.
This year’s theme for World Mental Health day is ‘Mental health at work’. In this edition of Business Law Focus host Evan Pickworth labour law expert at ENS, Lauren Salt. They discuss the obligations of employers to promote mental well-being and what needs to happen as the future of work evolves rapidly.
In this edition of Business Law Focus, host Evan Pickworth interviews Jocelyn Katz, an Executive at ENS and Head in the Competition / Anti-Trust practice. They discuss a significant milestone in SA law – the 25th anniversary of the country’s competition law framework. They look at the highs, lows and what lies next, including the impact of new areas like AI.
Fashion can be a taxing business and in this edition of Business Law Focus host Evan Pickworth interviews Carlyn Frittelli Davies and Mansoor Parker from ENS on the industry’s battle between profit, people and planet.
In this edition of Business Law Focus, host Evan Pickworth interviews Liézal Mostert from ENS’s Intellectual Property team. They discuss the role of IP in empowering women in business, as well as how to get more women involved in the fast-developing IP practice area.
In this edition of Business Law Focus, on Mandela Day, host Evan Pickworth interviews Natasha Wagiet, Pro Bono Manager overseeing ENS'CSI portfolio at Mitchells Plain, Khayelitsha Township in Cape Town and Alexandra Township in Johannesburg.
They delve into the urgent need to protect and deliver access to justice in SA and globally as wars, poverty, and corruption continue to rage. Improving socio-economic rights and the social aspects of ESG is a pressing concern that still needs to be addressed in many areas.
Nelson Mandela, on the 50th anniversary of the Universal Declaration of Human Rights (21 September 1998), offered this sage advice on how to bring about change: "The challenge posed by the next 50 years of the Universal Declaration of Human Rights, by the next century whose character it must help to fashion, consists in whether humanity, and especially those who will occupy positions of leadership, will have the courage to ensure that, at last, we build a human world consistent with the provisions of that historic Declaration and other human rights instruments that have been adopted since 1948."
In this edition of Business Law Focus host, Evan Pickworth, interviews Mihlali Sitefane, founder of Sitef & Co. They discuss the future of junior mining against the backdrop of weak economic growth and regulatory complexity.
Sitefane explains that while junior miners in South Africa face challenges such as navigating complex regulatory frameworks, securing investment, and meeting ESG requirements, there are also significant opportunities, particularly with the increasing demand for critical metals and ongoing efforts to create a more conducive environment for exploration.
While the University of Fort Hare buckles under the weight of corruption allegations and ongoing criminal investigations, Business Law Focus host Evan Pickworth looks into the recent arrests of two prominent attorneys working on uncovering fraud and corruption at the university.
The arrests came despite their trove of evidence, measuring in the terabytes and dating back to 2018, which they say lifts the lid on extensive layers of corruption at the university.
In this episode, labour lawyer Bradley Conradie and forensic lawyer Sarah Burger explain how they were recently arrested by the police national task team investigating criminality at the university.
With SA’s youth unemployment rate not far off those in war zones, Business Law Focus host Evan Pickworth interviews Natasha Wagiet, a Pro Bono Manager overseeing ENS'CSI portfolio, to find solutions. They discuss the pursuit of access to justice for all, matters involving socio-economic rights issues, as well as the foregrounding of the social aspect of ESG.
The Context
Natasha Wagiet is a Pro Bono Manager overseeing ENS'CSI portfolio at Mitchells Plain, Khayelitsha Township in Cape Town and Alexandra Township in Johannesburg.
Her experience includes working with vulnerable individuals and groups, impact litigation experience as well as training and advocacy.
On youth day, a key focus must be for corporate SA to do more to arrest an unemployment rate for the youth hovering close to 50%.
In the latest edition of Business Law Focus, host Evan Pickworth interviews Thabang Hleza, the Head of Investments at Masisizane, a non-profit funding entity that provides enterprise development to small, medium, and micro enterprises (SMMEs). Thabang provides valuable insights into the intricate balance between legal compliance and SMMEs' growth objectives.
In this edition of Business Law Focus, host Evan Pickworth interviews a multijurisdictional panel of employment law experts from Baker McKenzie offices in five different jurisdictions around the world.
The panel of Mirjam de Blécourt (Partner and Head of Employment, Amsterdam), Monica Kurnatowska (Senior Employment Partner, London), Johan Botes (Partner and Head of Employment, Johannesburg), Fermin Guardiola (Partner and Regional head of Employment, Madrid), and Joanna Matthews-Taylor (Partner and Head of Employment, Dubai) discuss how organisations face growing pressure to address complaints about inappropriate behaviour in the workplace.
Many mineral and upstream petroleum law developments have occurred in the past year, with the sector dealing with change on many fronts.
In this edition of Business Law Focus, host Evan Pickworth interviews Ntsiki Adonisi, Executive and Head of ENS' Natural Resources and Environment practice and Otsile Matlou, ENSafrica's Chief Operating Officer, about the sector's future. We also dig into the impact of SA's Mineral and Petroleum Resources Development Act 28 of 2002, which is celebrating its 20th anniversary.
In this edition of Business Law Focus host, Evan Pickworth speaks to tax experts from ENSafrica, Charles De Wet and Ntebaleng Sekabate, about the good, bad and ugly of the upcoming national Budget, due on 21 February.
In this edition of Business Law Focus, host Evan Pickworth interviews joint heads of ENSafrica Corporate and Commercial, Doron Joffe and Julius Oosthuizen, to uncover the trends, challenges and opportunities shaping M&A, private equity and general deal-making in South Africa and look forward to what is coming down the road in 2024.
In this edition of Business Law Focus, host Evan Pickworth interviews the Provincial Director of the Eastern Cape Office of the Legal Practice Council, Alfred Honda, and LPC spokesperson, Kabelo Letebele.
They debate recent criticism that the Council is not acting fast enough against errant lawyers and look to the future of the regulation of the profession, notably the drive to enhance access to justice for more South Africans.
In this edition of Business Law Focus, host Evan Pickworth is joined by Michael Hewson, founder and director of Graphene Economics to discuss the tax risks faced by an increasingly mobile workforce.
In this edition of Business Law Focus, host Evan Pickworth interviews Director at Fluxmans, Lisa-Anne Schäfer-King, on the future of “race” in recruitment, promotion and restructuring processes. A recent settlement agreement provided welcome clarity on the application of affirmative action where targets cannot be met on justifiable or reasonable grounds.
Business Law & Tax host Evan Pickworth interviews Ntebaleng Sekabate and Andries Myburgh from ENSafrica ahead of this week’s Junior Mining Indaba taking place in Johannesburg.
Business Law Focus host Evan Pickworth interviews PKF SA CEO and managing partner of PKF Octagon, Waldek Wasowicz, on whether a “bot” is likely to be doing your company’s annual audit any time soon.
In this edition of Business Law Focus, host Evan Pickworth interviews Ridwaan Boda, Executive in the Corporate Commercial practice at ENSafrica on the rise in “climate tech” as a consequence of a greater need for reliable data and information as the world moves to a greener future. However, this comes with risks too, and companies need to carefully consider the environmental impact of all the technologies they use to avoid energy usage trumping their best “green” intentions.
The goal for the energy sector in SA is to move to 42% non-fossil fuel sources by 2030, but this is unlikely to be a smooth ride. Business Law Focus host Evan Pickworth interviews senior associate in the dispute resolution department at ENSafrica, Beverley Oosthuizen, to discuss the most likely, increasingly likely and less likely forms of climate litigation as climate action intensifies.
With all the noise around ESG investing it can be difficult for customers and their advisors to distil what is relevant. In this edition of Business Law Focus host Evan Pickworth interviews Jessica Blumenthal and Talia Cullinan from ENSafrica on exactly how far a duty to take ESG factors into account when advising their clients needs to go.
In this edition of Business Law Focus host Evan Pickworth interviews Angela Simpson, Lydia Shadrach-Razzino and Verushca Pillay, transactional lawyers in the Johannesburg office of global law firm Baker McKenzie.
They unpack the latest M&A, Private Equity and BEE trends in Africa, highlighting among others that South Africa may have been averaging about 25 delistings a year, but this may present a good opportunity for private equity. They also delve into possible B-BBEE Act amendments to include administrative penalties and criminal sanctions for non-compliance.
In this edition of Business Law Focus, host Evan Pickworth interviews Tendai Jangara, Director in the Dispute Resolution practice at Cliffe Dekker Hofmeyr (CDH) about the ongoing plight of increasingly unloved whistleblowers. Among others, they discuss whether it was fair to ask André de Ruyter, after exiting Eskom in the wake of a poisoning scandal, to back up his further corruption allegations and how this could have been better handled. They look into how amendments to the Protected Disclosures Act should ensure that provision is made for future job security, or financial, emotional, legal or other support for whistleblowers and their families. They also cover the often neglected ground of when whistleblowing is used as a ruse, or for malicious intent by those with ulterior motives.
The Context
While corporate South Africa has made great strides in promoting employee wellness and the right to speak against unfair treatment in the workplace, the same cannot be said for whistleblowing. Whistleblowers play a crucial role in the exposure of serious criminal activities, including fraud and corruption and unfortunately, often suffer occupational detriment and even lose lives as a result of their desire to act in the best interests of employers. A fundamental mind shift by employers is required to understand that whistleblowers act, at great risk to themselves, not to negatively impact their workplaces but to expose malfeasance with the aim of protecting places of employment and assets.
The Protected Disclosures Act, 26 of 2013 (PDA), is inadequate when considering retribution which extends beyond the bounds of employment, including threats to life, financial detriment and legal costs. The Labour Relations Act, 66 of 1995 (LRA) provides for compensation of loss of income, for example, but this is limited to an amount not exceeding 24 months' worth of remuneration where a whistleblower can suffer reputational damage which prevents them from securing employment indefinitely.
It is necessary to amend the PDA to include mechanisms for whistleblowers to report activities to a regulated body that can immediately activate a system for protection, at the time of reporting, which considers the whistleblower not just as an employee, but a person whose life, overall well-being and financial interests must be secured. It is imperative that a proactive approach be taken to guarantee the safety and financial well-being of whistleblowers as retaliatory actions usually impact these areas causing irreparable harm. When the legislation is amended and shown to be effective in guaranteeing whistleblower protection, it is likely that an increase in reporting using whistleblowing mechanisms, including direct statements and hotlines, will be experienced in both the private and public sectors.
South Africa’s Minister of Finance, Enoch Godongwana, delivers his budget speech on 22 February and in this edition of Business Law Focus, host Evan Pickworth interviews Charles de Wet, tax executive at ENSafrica, about what may be in store for long-suffering taxpayers.
This comes as the devaluation of the rand and rising inflation rates, the aftermath of the Covid-19 pandemic and the continuing war in Ukraine pose a significant challenge for South Africa to restore the health of its public finances to a sustainable position. Load-shedding will also have a significant impact on the tax base.
With SA's crucial mining indaba taking place from 6-9 February, Business Law Focus host Evan Pickworth interviews Ntsiki Adonisi-Kgame and Mihlali Sitefane from ENSafrica on whether policy support is sufficient to spark change and drive investment.
With the United Nations Climate Change Conference, or COP 27 grabbing global headlines, Business Law Focus Editor, Evan Pickworth, spoke to Mohamed Ghannam, Managing Partner of Baker McKenzie in Cairo; Oludare Senbore, Partner at Aluko & Oyebode in Nigeria and Kieran Whyte, Partner and Head of the Energy, Mining & Infrastructure Industry Group at Baker McKenzie in Johannesburg about the efforts taken by the governments in their countries to address this urgent need to harness renewable power. Such efforts are expected to provide exciting opportunities for investors in the African energy sector.
Should South Africa not meet the international standard and compliance rules on money laundering as set by the Financial Action Task Force (FATF), it could be added to the FATF “greylist” as early as April next year. This could hit investment and businesses, but more importantly will certainly knock SA’s global reputation and standing.
Business Law Focus host Evan Pickworth interviews Steven Powell, Era Gunning and Amelia Warren from ENSafrica about the risks and whether enough progress is being made to prevent this.
Business Law Focus host, Evan Pickworth speaks to Francis Mayebe, Candidate Attorney and Virusha Subban, Partner and Head of Tax, Baker McKenzie Johannesburg about the power of SARS to search and seize your property without a warrant, and what the law says about this. We zone in on a case that highlighted this issue and what businesses and individuals should know about the power of the South African Revenue Service to search and seize your property.
In this edition of Business Law Focus host Evan Pickworth interviews Andries Myburgh, Ntabaleng Sekabate and Mansoor Parker from ENSafrica just ahead of the mining indaba. They dig into key legal changes in the sector and where the gaps and opportunities lie.
In this edition of Business Law Focus, host Evan Pickworth speaks to partners at Webber Wentzel, Sarah McKenzie and Maria Philippides about increasing public and regulatory scrutiny of the ESG claims being made by companies. Recent litigation is a salient lesson in risks posed by those who make misleading claims. There has been no direct or explicit greenwashing litigation in South Africa or ESG-related enforcement action by South African regulators, but South African legal and regulatory laws create the platform and cater for the possibility of greenwashing claims and litigation.
In the next edition of Business Law Focus, host Evan Pickworth interviews Mansoor Parker, Executive in the tax practice at ENSafrica.
The spotlight is on the implementation of corporate due diligence and accountability of undertakings with business activities in the EU – and notably what this means for SA companies. The new Directive is likely to have far-reaching implications.
Many South Africans are increasingly looking to move money into offshore pension funds and into offshore trusts. In this edition of Business Law Focus, host Evan Pickworth speaks to international tax expert Dr Albertus Marais, founder of AJM, on the risks and severe penalties of not reporting payments to offshore trusts and how SARS sees the offshore pension contribution as taxable.
In this edition of Business Law Focus, host Evan Pickworth interviews Michael Hewson, founder and director of Graphene Economics on the potential impact of the moves towards a global minimum tax.
Since July 2021, 137 countries (accounting for more than 90% of the global economy) have signed a deal aimed at ensuring companies pay a global minimum tax rate of 15% and the Organization for Economic Co-operation and Development (OECD), estimates this will generate $150 billion in additional global tax revenues annually. However, the jury is out on exactly how much of this will find its way into the coffers of an emerging market like South Africa. Could this be why only 23 African countries have signed the deal to date?
Business Law Focus host Evan Pickworth interviews Era Gunning and Ridwaan Boda, executives at ENSafrica, on why it is time for a data protection health check, especially by those corporates who have been complacent on compliance. With the Protection of Personal Information Act (POPIA’s) first anniversary having come and gone on 1 July, a question that many organisations are beginning to ask is: “Have we done enough to comply?”
In this edition of Business Law Focus, host Evan Pickwoth interviews Lerisha (Lee) Naidu, who has been appointed as Managing Partner of Baker McKenzie in Johannesburg as of 1 July this year. With transformation of the legal sector high on the agenda, they discuss how gender gaps can be overcome in the profession.
In this edition of Business Law Focus host Evan Pickworth interviews ENS executives Andries Myburgh and Ntebaleng Sekabate on the opportunities and threats relating to mining exploration and specifically the urgent need for improved incentives to enhance investment. They speak at the conclusion of the recent Mining Indaba in Cape Town.
In the latest edition of Business Law Focus, host Evan Pickworth interviews Johan Botes, Partner and Head of the Employment & Compensation Practice at Baker McKenzie in Johannesburg on the new Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace. They discuss the key features of the new Code and also chat about why the new Code could be a timely slap in the face for bullies and sexual miscreants at work.
With South Africa's unemployment rate hitting record levels of over 35%, labour law reform is seen as a key avenue to help stimulate jobs and investment. This will, however, require political will and keener insights on the economic impact of policies. Host Evan Pickworth interviews Fritz Malan and Jan Norval from ENSafrica on the need for and progress on labour law reform in South Africa.
In this edition of Business Law Focus, host Evan Pickworth interviews Michael Foundethakis, recently appointed Chair of the Africa Steering Committee at global law firm Baker McKenzie. Michael has a glass-half-full outlook for Africa, based on recent deal-making activity and success. While this positive outlook does not ignore the need for responsibility and bankability, Baker's prediction is that Africa could well be one of the only major regions to experience an acceleration of economic growth in 2022. This reflects a modest improvement on a difficult 2021 for much of the continent.
In this edition of Business Law Focus, host Evan Pickworth interviews tax executive from ENSafrica, Mmangaliso Nzimande, on what lies ahead in Finance Minister Enoch Godongwana’s inaugural national budget speech on 23 February.
With the government set to walk a tightrope between reining in spending and generating revenue, all while a mountain of serviceable debt hangs like a sword of Damocles overhead, the road ahead is steep.
In this edition of Business Law Focus, host Evan Pickworth interviews Cricket South Africa’s lead independent director, Steven Budlender SC. With the announcement of a disciplinary process against coach Mark Boucher leading to a veritable cacophony of commentary, Budlender SC explains the sound legal and governance rationale for the decision, including why Mr Boucher was not suspended. He also provides important updates on further steps and action CSA will be taking following the completion of the Social Justice and Nation-building hearings and submission of its report.
With vaccine rates remaining low in Africa and SA, the question of mandatory vaccines is high on the agenda early in 2022. In this edition of Business Law Focus, host Evan Pickworth discusses the sticky question of enforcement, risk assessments and policy hurdles companies seeking a mandatory vaccine policy must overcome. He is joined by Johan Botes, Partner and Head of Employment & Compensation and Tracy van der Colff, Senior Associate, Employment & Compensation at Baker McKenzie to unpack the complexities and legal requirements.
In the latest edition of Business Law Focus, host Evan Pickworth interviews Executive in the Employment Law practice at ENS Africa, Dion Masher, on redefining employment for the gig economy.
In terms of the Statistical Release on liquidations and insolvencies published by Statistics South Africa in July 2021, there has been a 21.5% increase in the number of liquidations in the first seven months of 2021 compared to the first seven months of 2020. This has not deterred SARS from collecting outstanding tax debts from defaulting taxpayers.
In this edition of Business Law Focus, host Evan Pickworth speaks to Tax Executive at ENSafrica, Ntebaleng Sekabate, about the key tax considerations to keep in mind when a company is in financial distress.
Claiming and determining the veracity of VAT refunds is a perennial headache for both SARS and the taxpayer. In this edition of Business Law Focus, host Evan Pickworth, interviews tax manager at ENSafrica, Annelie Giles, on the extent of the problem and what can be done to fix it.
Business Law Focus Editor Evan Pickworth speaks to Ashlin Perumall, Partner in the Corporate/MA Practice at Baker McKenzie in Johannesburg and fellow of the World Economic Forum's (WEF) Centre for the Fourth Industrial Revolution (C4IR).
The readiness (or lack thereof) for the fourth industrial revolution (4IR) in Africa, a rising tide of crypto fraud, the development of digital currencies in Africa like central bank digital currencies and stablecoins and how laws and policies are slowly evolving to adapt to rapid advances in digitisation are discussed.
In this edition of Business Law Focus editor Evan Pickworth interviews Peter Dachs, tax executive at ENSafrica, on the new regime for global corporate taxes and efforts by SARS to improve its own collection capabilities, especially against tax dodgers.
In this episode of the Business Law Focus podcast, Editor Evan Pickworth interviews Janet MacKenzie and Darryl Bernstein, experts from global law firm Baker McKenzie, on the implications of the recently enacted Cybercrimes and Cybersecurity Act. The criminalisation of harmful data messages and the intersection between this Act and the Protection of Personal Information Act is explored. The interview also discusses the weak levels of data privacy protection in Africa, with data privacy laws, which govern issues like data security and breaches, currently present in less than half of African countries.
With businesses and the economy caught in a whirlwind of strikes, protests, lock-outs and retrenchments - on top of trying to recover from Covid-19 losses - Business Day Law & Tax Editor Evan Pickworth interviews Audrey Johnson from ENSafrica’s employment department on what the future holds from a labour perspective.
Baker McKenzie’s latest report - New Dynamics: Shifting Patterns in Africa’s Infrastructure Funding - shows the state of the African infrastructure market, and how the major global players’ approach infrastructure lending on the continent is changing. The report’s data shows that multilateral and bilateral lending into Africa has declined - with investment levels falling successively in 2019 and 2020 compared to peak levels seen after the financial crisis. In 2019, bilateral and multilateral lending into Africa amounted to USD 55 billion, which drops to USD 31 billion in 2020. Over the last six years, the decline is significant - deal values dropped from USD 100 billion in 2014 to USD 31 billion in 2020. This slowdown in infrastructure investment was attributable to a number of factors, including the pandemic. Economic contraction has affected Nigeria and South Africa, meaning that the region’s largest economies have not been feeding in growth as in previous years. However, market fundamentals signal a region with underlying resilience and, as the global economy recovers, finance will be unlocked. There are already positive indicators of forthcoming investment. Commodity prices are rising and landmark deals are returning. For example, mining multinational Sibanye-Stillwater recently committed ZAR 6.3 billion to South African infrastructure projects.
In the latest edition of Business Law Focus, Editor Evan Pickworth interviews ENSafrica’s Executive: Africa Regulatory and Business Intelligence, Celia Becker on the future of trade in Africa.
This follows the coming into force of the long-awaited African Continental Free Trade Area (AfCFTA) agreement. The AfCFTA creates the largest free-trade area in the world, but the jury is out on how quickly this will translate into economic results.
In this edition of Business Law Focus, Editor Evan Pickworth unpacks the broad ramifications of the Political Party Funding Act with leading expert, Dario Milo from Webber Wentzel.
The Act came into force on 1 April 2021 and contains several provisions compelling disclosure of contributions to political parties, but certain loopholes remain.
With the Budget looming large, Editor Evan Pickworth asks Tax Executive from ENSafrica, Kazi Mbangeleli, whether an increase in the corporate tax rate to 30%, or in the VAT rate, is on the cards.
In the next episode of Business Law Focus we delve into the potential for extensive tax increases in the upcoming Budget. Editor Evan Pickworth is joined by Director at AJM Tax, Dr Albertus Marais, to unpack what already over-burdened and over-stretched taxpayers can expect.
Dr Marais explains that close to 20% of budgeted expenditure will not be received as income, so this shortfall will need to be made up over time. However, he says extensive tax increases or a wealth tax are probably not likely. He points out that while both the supplementary budget and the medium-term budget policy statement of 28 October 2020 proposed tax hikes, these were actually quite limited when compared to the rising tax gap.
In the interview, Dr Marais also unpacks the South African Reserve Bank's Financial Surveillance Department first circular of the year, submitted in January, which ends the long-standing exchange control prohibition against these structures.
He says there has been a longstanding need – almost since the introduction of exchange controls to this country in 1961 – for the prohibition against these structures to be lifted.
Welcome to the next episode of Business Law Focus, which digs deeper into what can be expected in next month’s Budget. Editor Evan Pickworth interviews Head of tax in the Johannesburg office of ENSafrica, Andries Myburgh, to get key insights on potential corporate and mining tax changes.
According to Myburgh, two areas where certainty is needed on the corporate tax front, are clarity on the proposal last year to deny contract miners the accelerated capital expenditure deduction and the need for more incentives to encourage greenfield exploration. A key message is that economic activity can be encouraged through incentives for prospecting or exploration.
Gender-based violence (GBV) is an ongoing ill bedevilling society and it needs to be rooted out as a priority. To do this, collective action and a firm commitment from broad stakeholders across society, government and the private sector is needed.
In this Business Law Focus podcast, panelists Patrick Bracher, a Director at Norton Rose Fulbright, and Head of Risk and Sustainability at SPAR Group, Kevin O' Brien, call for a firmer commitment by broad roleplayers, driven by practical and actionable intent. Harnessing the powerful provisions of the Disaster Management Act, with its strict controls and resources, could be a very good place to start if the will is truly there to make a real impact.
In this episode of Business Law Focus, Evan Pickworth asks Janet MacKenzie, a partner and head of the TMT industry group for the Johannesburg office of global law firm Baker McKenzie, why the changes are ripe for a constitutional challenge if passed in their current form.
We discuss the next steps and determine the consequences for commerce if vast swathes of user-generated content are caught up in the wide net cast by these proposed Draconian rules.
In this first in a series of Business Day Law & Tax podcasts, editor of the publication and admitted attorney, Evan Pickworth is joined by Chairperson of ENSafrica, Professor Michael Katz, who gained wide recognition and plaudits for his excellent work as chair the Commission of Inquiry to Investigate the Taxation System of South Africa and is a leading authority on corporate law, M&A and tax.
Also on the panel is Professor Dale Hutchison, who is the Head of the Internal Research Unit at ENSafrica and has been a professor of private law at the University of Cape Town since 1983. Dale has gained significant recognition as a leading authority on contract law, and is widely published.
The final panelist is the highly experienced and regarded M&A lawyer, Julius Oosthuizen, who is the Joint Head of the Corporate Commercial department at ENsafrica, which is the largest department of its kind in Africa.
The panel debates the key principles of a recent precedent-setting Constitutional Court judgment, which provides much-needed clarity on the treatment of fairness, public policy and Ubuntu in determining the validity of commercial contracts.