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Registration of a private security company in South Africa

By Fulgence Kalema Bwatunda Currently, the private security industry in South Africa is bigger than what it has ever been. The role of private security companies is distinctively different to that of the police, they view their role as private security to really aid and support the police. The South African government claims that it is an industry that threatens national security and is determined to tighten its regulation. The amount of registered companies has increased by 61% and the amount of registered security officers by 111%. There is also a big involvement of foreign companies investing in the South African security...

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Ratification to the treaty relating to Grand Inga Hydroelectric Project

In accordance with articles 213 paragraph 1 and 214 paragraph 1 of the Constitution of February 18, 2006 as amended to date, the President of the Democratic Republic of Congo («DRC”) promulgated on the 21st November 2014 the Law No. 14/026 authorizing the ratification by the DRC of the Treaty relating to the Grand Inga hydroelectric project between the Republic of South Africa («RSA») and itself. I. PURPOSE OF THE TREATY The Inga Project aims at building a hydroelectric complex on the Congo River, on the site named Inga Site whose installations are based in the West of the DRC, 150 km...

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The importance of a will in South Africa

Michele da Silva da Mata For some reason setting up our last will and testament makes us think about our own mortality, and so we have a tendency to put it off. There are still many South African citizens who have not planned for the devolving of their estate. There are certain scenarios that we need to avoid to prevent complications when an estate is being devolved. Many people think that they can simply tell their parents, spouse or friend of their wishes. However if one dies without a will or “intestate”, there are a set rules that a court will apply...

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Development Bank of Southern Africa amendment Bill

Michele da Silva da Mata The main objects of the Bill are to propose amendments to the Development Bank of Southern Africa Act, 1997 (Act No 13 of 1997 - "the Act"), to enable the extension of the operations of the Development Bank of Southern Africa ("the Bank") to any national territory on the African continent and its oceanic islands, to increase the authorised share capital of the Bank and enable further increases, to provide for the application of certain legislation to the Bank and to adjust the regulation-making powers. The following amendment are included: Inserting definitions of authorised share capital, callable...

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RSA: Amendments to the Immigration Act, No 13 of 2011

By Michele da Silva da Mata & Linda Gieskes On 26 August 2011, the Immigration Amendment Act 13 of 2011 (the Act) was passed. The current Act provides for the issuance of approximately 14 different types of permits which cover all categories of persons residing in the Republic of South Africa on a temporary basis. Additionally, the current permit granting system does not allow for the implementation of the risk-based methodology procedure as prescribed in the Act. With the proposed amendment of the Act and its Regulations it will refer to all categories of temporary residence permits as visas, for example visitor’s...

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Registration of a private security company in South Africa

By Fulgence Kalema Currently, the private security industry in South Africa is bigger than what it has ever been. The role of private security companies is distinctively different to that of the police, they view their role as private security to really aid and support the police. The South African government claims that it is an industry that threatens national security and is determined to tighten its regulation. The amount of registered companies has increased by 61% and the amount of registered security officers by 111%. There is also a big involvement of foreign companies investing in the South African security Industry;...

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DRC/RSA: Inga Falls set to harness power potential of the Congo River

By Michele da Silva da Mata and Willy Bashiya Mbayi Following the energy cooperation agreement between the Democratic Republic of Congo and the Republic of South Africa on 7 March 2013, the $ 80 billion hydro power project- “Inga power project” which will start in October 2015 is set to harness the power potential of the Congo River, sub-Saharan Africa’s greatest waterway. With a power output of almost 40,000 MW the grand Inga project is expected to bring electricity to most of the African continent. The first phase of the project (out of the total of seven phases) – Inga III will...

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Income Tax Act, 1962 : Section 12L

Michele da Silva da Mata and Willy Bashiya Mbayi As part of an initiative to become more energy efficient, the South African Government has decided to incentivise reductions in energy usage. Coming into operation on 1 November the recently introduced section 12L of the Income Tax Act, No 58 of 1962 (‘the Act’) provides for a tax deduction calculated by a set formula pertaining to the amount of energy saved for any person that is carrying on a trade during any year of assessment ending before 1 January 2020. This section sets out how energy savings must be measured. In order to...

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Implications of the Carbon Tax on South Africa’s transition into a greener economy

As developing countries, such as South Africa, transition into more industrialized countries, they face numerous problems relating to their social, economic and political development. Despite South Africa’s incorporation of ideas such as state equality, principles of non-aggression and non-intervention, in which it aims to earn its seat in the framework of International Law; there is no doubt that South Africa is still searching for its respective place in the global economy. Developing countries have a tendency to emulate developmental patterns of developed countries, in an aspirational manner. However, these patterns are not always fitted to their respective economies and thus require...

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The Broad-Based Black Economic Empowerment Act

 Michele da Silva da Mata and Linda Gieskes The Broad-Based Black Economic Empowerment Act No. 53 of 2003  (“ The B-BBEE Act”) is a socio-economic program geared towards the promotion of economic change in South Africa whilst enforcing equality within the business arena; establishing a legislative framework for the promotion of black economic empowerment; empowering the Minister to issue codes of good practice and publishing transformation charters;  establishing the Black Economic Empowerment Advisory Council; and providing for matters connected therewith. Black Economic Empowerment (BEE) is a broad strategy that aims to de-racialise South Africa's economy and to accelerate the entry of Historically...

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Business rescue in the new Companies Act of 2008

Linda Gieskes The New Companies Act No. 71 of 2008 replaced the old Companies in May 2011. Pursuant to the Amendment of the Old Companies Act, Chapter 6 of the new Companies Act introduces the Business Rescue Procedure (BRP). Business Rescue is a procedure that facilitates the rehabilitation and restructuring of a company that is undergoing financial difficulties. The business rescue procedure aims to maximise the possibility of the business to remain solvent. The definition of financial distress in the Act is as follows: when it appears to be reasonably unlikely that the company will be able to pay all of its...

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South Africa: Amendment of Mine Health and Safety Act (No. 29 of 1996)

Michele da Silva da Mata and Fulgence Kalema In South Africa, the Mine Health and Safety Act, 1996 (Act No. 29 of 1996) as amended (“the act”), providing for the protection of the health and safety of employees and other persons affected by the South African mining industry has been amended. The current amendment is related to Chapter 11 of the Regulations in terms of act. The exit certificate in section 17 must include details regarding a least the following: particulars of mine, particulars of employees and exit medical summary. The Mine Health and Safety Inspectorate was established in terms of the...

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Amendment on the Mine Health and Safety Act (No. 29 of 1996)

Michele da Silva da Mata and Fulgence Kalema Bwatunda In South Africa, the Mine Health and Safety Act, 1996 (Act No. 29 of 1996) as amended (“the act”), providing for the protection of the health and safety of employees and other persons affected by the South African mining industry has been amended. The current amendment is related to Chapter 11 of the Regulations in terms of act. The exit certificate in section 17 must include details regarding a least the following: particulars of mine, particulars of employees and exit medical summary. The Mine Health and Safety Inspectorate was established in terms of the act,...

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Insurance and Reinsurance in South Africa

By Edmond Cibamba Diata and Fulgence Kalema  In SouthDownload the original version, part of the International Comparative Legal Guide (ICLG), Insurance & Reinsurance 2013, 2nd Edition 1. Regulatory In South Africa, (re)insurance companies are regulated by the Financial Services Board (“FSB”) which is the government agency responsible for the non-banking financial services industry, including (re)insurance. It is an independent body that supervises and regulates the financial services industry in the public interest. The FSB is responsible for the incorporation of (re)insurance companies and monitoring their activities in accordance to the Long Term Insurance Act 52 of 23 September 1998 (“Long Term Insurance Act”)...

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South Africa: “Investing in African Mining Indaba” à Cape Town du 6 au 9 février 2012

La conférence annuelle « Investing in African Mining Indaba » tenue à Cape Town du 6 au 9 février 2012 n’a pas échappé à l’intérêt de Cabemery & Partners (PTY) Ltd qui y a participé au travers de ses Avocats Fulgence KALEMA, Alex MBIKAYI. Il s’agit d’un des plus grand rassemblement mondial des acteurs du secteur minier qui regroupe, depuis plusieurs années, les décideurs et acteurs de l’industrie minière en Afrique. Avec plus de 6500 personnes représentant plus de 1000 entreprises internationales et environ 40 délégations de gouvernements africains et non africains.    « C’était donc une excellente occasion pour notre firme d’établir et de...

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South Africa: Les gagnants et les perdants du Mining Indaba 2012

(Agence Ecofin) - La quasi-totalité du gotha minier mondial était-là les 6-7-8-9 février 2012. Dans ce Davos minier, difficile d’imaginer que les décideurs réunis au Cap, comme chaque année depuis 18 ans, étaient en guerre. Une guerre économique feutrée. Car au-delà des politesses et des manifestations de bonnes intentions, Mining Indaba 2012 aura été un vrai bal de stratèges. 100 pays, 1200 entreprises, 7200 professionnels Quasiment tous étaient présents  au Cap, en Afrique du Sud, de 6 au 9 février 2012, à l’occasion du plus grand salon minier africain: dirigeants politiques, investisseurs internationaux, experts miniers, analystes financiers, avocats d’affaires, conseils en stratégie,...

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