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Latest episodes from Webber Wentzel Legal Insights

Greylisting: Unveiling South Africa's AML Efforts and the 2025 Delisting Ambition

Play Episode Listen Later Feb 22, 2024 21:21


A year ago, greylisting by the Financial Action Task Force (FATF) cast a shadow over South Africa's financial landscape. This designation, which represents deficiencies in a country's regulatory regime in the fight against money laundering, proliferated financing and terrorist financing, has raised concerns about economic consequences and global competitiveness. In this podcast, Gabi Richards-Smith, Lerato Lamola, Kirsten Wolmarans, and Rashaad Carrim delve into the complex journey of removing South Africa from greylisting. This insightful discussion tackles the remaining hurdles and emphasises the collective effort needed for delisting. While challenges persist, cautious optimism prevails for a 2025 delisting and a more robust anti-money laundering system in South Africa. Guests: Lerato Lamola – Associate Director, Webber Wentzel Financial Regulatory, Kirsten Wolmarans – partner, Webber Wentzel Dispute Resolution and Rashaad Carrim – partner, Webber Wentzel Banking and Finance Host: Gabi Richards-Smith – partner, Webber Wentzel Financial Regulatory

south africa effort ambition unveiling delisting financial action task force fatf
ESG: Business and Human Rights - A year in review and what to look out for in 2024

Play Episode Listen Later Feb 15, 2024 21:37


Business and Human Rights (BHR) is on the rise in Africa, prompting companies to navigate an increasingly complex landscape. In this podcast, Pooja Dela and Paula-Ann Novotny explore insights and practical tips on navigating the BHR landscape in 2024. They unpack key legal trends such as duties of care and evolving legislation, HRDD and legal frameworks, new challenges like virtual rape and disinformation, and corruption and corporate responsibility. Guests: Pooja Dela – Partner Webber Wentzel Dispute Resolution and Business and Human Rights, Paula-Ann Novotny – Senior Associate Webber Wentzel ESG and Business and Human Rights

Unpacking the anticipated legislative overhaul to existing maternity and parental leave provisions

Play Episode Listen Later Nov 15, 2023 21:36


The recent ruling in the Van Wyk v Minister of Employment and Labour matter has set the stage for a transformative shift in parental leave entitlements. The case is a landmark judgment that challenges the conventional caregiver norms and will become the focal point for employers. In this podcast, Mbali Nkosi is joined by Nkosinathi Thema, Kate Collier, Deon Visagie and Brett Abraham to provide perspectives on the implications of this ruling from their respective disciplines of Public Interest Law, Occupational Health and Safety Law and Employment Law. The conversation explores behind-the-scenes insights from the team that represented the Van Wyks, the High Court's findings, potential legislative changes, and the steps employers can take in anticipation of this evolving landscape. Guests: Kate Collier, partner Webber Wentzel Employment, Health and Safety, Deon Visagie, partner Webber Wentzel Employment and Employee Benefits, Brett Abraham, partner Webber Wentzel Employment and Employee Benefits, Mbali Nkosi, Senior Associate Webber Wentzel Employment, Health and Safety, and Nkosinathi Thema, Associate Webber Wentzel Dispute Resolution and Public Interest Law

Trending Topics: Investment and Transformation in South Africa: a balance between two imperatives

Play Episode Listen Later Nov 10, 2023 9:13


South Africa, a country of rich diversity and historic transformation, stands at a crossroads, with investment catalysing economic growth and prosperity. At the same time, the imperatives of broad-based black economic empowerment (BBBEE) and the pursuit of public interest are fundamental cornerstones in this evolving legal landscape. The balance between fostering transformation and enticing foreign investment is an intricate dance that requires skill, expertise, and foresight. In this podcast, Candice Meyer and Clare-Alice Vertue delve into the captivating interplay between investment and socioeconomic development, a theme that strikes at the heart of South Africa's transformation journey. The conversation highlights the delicate balance between promoting transformation and stimulating foreign investment, offering valuable insights for businesses, investors, and legal professionals navigating this intricate terrain. They provide a nuanced understanding of the multifaceted challenges and opportunities facing those committed to economic growth, transformation, and investment in South Africa. Guests: Candice Meyer, partner Webber Wentzel Corporate and Clare-Alice Vertue, partner Webber Wentzel Competition, Trade and Investment (CTI)

The truth about fraud - Part 2: Using business data and artificial intelligence to proactively detect fraud

Play Episode Listen Later Nov 9, 2023 6:43


Although Artificial Intelligence (AI) could be used to perpetrate fraud, it could also be used, in addition to pre-existing data analytics to proactively detect fraud before it happens. In this podcast, Aaqilah Nagdee and Christopher Williamson provide an overview on how AI can be used to help predict where gaps and loopholes are in an organisation. They also discuss the several steps that can be taken to ensure organisations use AI responsibly for fraud prevention. Guests: Aaqilah Nagdee, senior associate Webber Wentzel Dispute Resolution and Christopher Williamson, candidate attorney, Webber Wentzel Financial Regulatory

The truth about fraud - Part 1: Using business data and artificial intelligence to proactively detect fraud

Play Episode Listen Later Nov 9, 2023 7:01


To be able to detect and prevent fraud, organsations should invest in tools that will help them proactively analyse and monitor data. The global forensics market is moving towards using already-existing corporate data to incorporate transaction monitoring features that are specific to a company's activities and based on recognised red flags. In this podcast, Aaqilah Nagdee and Christopher Williamson share insights on how organisations can proactively detect fraud by using existing business data. Guests: Aaqilah Nagdee, senior associate Webber Wentzel Dispute Resolution and Christopher Williamson, candidate attorney, Webber Wentzel Financial Regulatory

The truth about fraud: The impact of fraudulent claims in the public sector

Play Episode Listen Later Nov 9, 2023 14:51


Fraud committed in the public sector has a negative impact on the government and taxpayers. It is therefore important that the appropriate mechanisms are put in place to mitigate, detect, and prevent fraud. In this podcast, Lionel van Tonder, Zelda Swanepoel and Christopher Williamson give examples of fraud perpetrated in the public sector. They also share insights on how remedies such as technology can be used to detect and prevent fraud. Guests: Lionel van Tonder, director Webber Wentzel Dispute Resolution, Zelda Swanepoel, partner, Webber Wentzel Financial Regulatory and Christopher Williamson, candidate attorney, Webber Wentzel Financial Regulatory

The truth about fraud: Defining fraud and unpacking fraudulent claims in the private sector

Play Episode Listen Later Nov 9, 2023 9:25


Fraud is a common law offense, which if not mitigated against, threatens the sustainability of businesses in both the private and public sectors. In this podcast, Lionel van Tonder, Zelda Swanepoel and Christopher Williamson define fraud, unpack the reasons fraud is committed, and discuss how fraudulent claims, particularly linked to insurance fraud are committed. Guests: Lionel van Tonder, director Webber Wentzel Dispute Resolution, Zelda Swanepoel, partner, Webber Wentzel Financial Regulatory and Christopher Williamson, candidate attorney, Webber Wentzel Financial Regulatory

Trending topics: Tax deductibility of ESG-related expenses

Play Episode Listen Later Nov 7, 2023 12:02


As we highlight the importance of Environmental, Social, and Governance (ESG) goals, we consider the tax deductibility of related expenses. In this podcast, Cor Kraamwinkel, Candice Meyer and Margaret Vermaak highlight how ESG extends its impact from global sustainability goals to individual companies and individuals in South Africa. They explore three areas where ESG considerations influence taxation: transparency and disclosure, ethical tax contributions, and the tax treatment of ESG expenditure. They also emphasise that there is no dedicated section in the Income Tax Act for ESG; instead, general principles and case-specific analysis apply to determine the deductibility of such expenses. Guests: Cor Kraamwinkel, partner Webber Wentzel Tax, Candice Meyer, partner Webber Wentzel Corporate and Margaret Vermaak, senior associate Webber Wentzel Tax

Trending topics: Corporate Governance

Play Episode Listen Later Nov 1, 2023 14:54


The significance of the 'G' in ESG (Environmental, Social, and Governance) is fundamental to ensuring that businesses align with societal concerns and strive for long-term value creation while adhering to regulatory and legal frameworks. In this podcast, Gabi Richards-Smith, Lenee Green, and Analisa Ndebele delve into the critical topic of Corporate Governance within the context of the TMT (Telecoms, Media, and Technology) sector and the broader financial institutions landscape. They highlight how governance is a vital aspect of ESG and must be a primary consideration for financial institutions and companies operating in regulated sectors. Guests: Gabi Richards-Smith, partner Webber Wentzel Financial Services, Lenee Green, partner Webber Wentzel Financial Services and Analisa Ndebele, associate Webber Wentzel Financial Services

Trending topics: Ransomware attacks

Play Episode Listen Later Oct 20, 2023 16:08


Over the past few years, we've witnessed a significant upsurge in ransomware attacks, affecting individuals, businesses, and even critical infrastructure. In this podcast, Wendy Tembedza and Karl Blom, dive into the alarming and rapidly evolving world of these cyber threats. Join us as we explore the latest trends on these malicious attacks and discuss ways to manage their consequences. Guest: Wendy Tembedza, partner Webber Wentzel Telecommunications, Media & Technology (TMT) and Karl Blom, partner Webber Wentzel Telecommunications, Media & Technology (TMT)

Using sustainability-linked financing for impact, to achieve ESG goals

Play Episode Listen Later Jun 14, 2023 52:56


In this podcast, Khurshid Fazel, Webber Wentzel partner in the banking and finance team catches up with Arvana Singh, Head of Sustainable Finance Solutions (Nedbank CIB), Relebohile Malahleha, Executive Strategic Finance and Treasury (Barloworld) and Irshaad Wadvalla, ESG Officer (Equities Property Fund Limited), who share valuable perspectives informed by their experiences, on how sustainability linked financing is being used for impact and to achieve ESG goals. Guests: Arvana Singh, Head of Sustainable Finance Solutions (Nedbank CIB), Relebohile Malahleha, Executive Strategic Finance and Treasury (Barloworld) and Irshaad Wadvalla, ESG Officer (Equities Property Fund Limited) Host: Khurshid Fazel, partner Webber Wentzel Banking & Finance

Linklaters and Webber Wentzel unpack what the Financial Action Task Force's greylisting of South Africa means

Play Episode Listen Later May 4, 2023 26:50


In February 2023, South Africa was put on a 'greylist' by the FATF for falling short of certain international standards for the combating of money laundering and other serious financial crimes. In this podcast, members of our Business Crime team and alliance partner Linklaters talk about what South Africa's addition to the Financial Action Task Force's (FATF) greylist means for companies with businesses or investments in South Africa. In particular, they cover: - What it means to be greylisted by FATF. - The actions South Africa needs to take, and is taking, to come off the list. - What the greylisting might mean for investment into the region and the practical implications for organisations with a presence there. - How the greylisting compares to other countries that are working on similar improvements to their AML regimes. - The reporting obligations for organisations in South Africa Guests: Priyesh Daya – partner, Webber Wentzel Business Crimes team and Dame Alison Saunders – partner Linklaters Investigations team, London Host: Sterling Darling – Counsel, Dispute Resolution, Washington D.C.

ESG: Business and Human Rights - Unpacking the stages of the Human Rights Due Diligence process

Play Episode Listen Later Apr 24, 2023 18:29


Businesses are required to take ownership of, and commit to, respecting human rights in their organisations and throughout their entire value chain. They need to act on identifying, preventing, mitigating, and remediating negative human rights impacts that may result from their operations or their business relationships, by putting the necessary systems and controls in place. The main controls, as envisaged in United Nations' Guiding Principles on Human Rights (UNGPs), include human rights due diligence (or HRDD) and human rights impact assessments (or HRIA). In this podcast, Pooja Dela and Paula-Ann Novotny unpack each of the stages of the Human Rights Due Diligence process. Guests: Pooja Dela – partner Webber Wentzel ESG, Paula-Ann Novotny – Senior Associate Webber Wentzel ESG

ESG: Business and Human Rights - What does it mean and why does it matter?

Play Episode Listen Later Mar 30, 2023 15:45


Business and Human Rights (BHR) has become increasingly important due to the world's increased focus on Environment, Social and Governance (ESG). Human rights due diligence and human rights impact assessments are some of the key controls that guide corporate strategy and planning on BHR matters. In this podcast, Pooja Dela and Paula-Ann Novotny discuss ESG management frameworks that envision the consideration of sustainability-related impacts, risks, and opportunities on the same level as corporate objectives. Guests: Pooja Dela – partner Webber Wentzel ESG, Paula-Ann Novotny – Senior Associate Webber Wentzel ESG

Greylisting of South Africa: Unpacking the economic impact, legislative interventions and its implementation

Play Episode Listen Later Mar 2, 2023 30:19


South Africa's greylisting by the Financial Action Task Force (FATF) has significant implications for its economic growth and global competitiveness but steps are already being taken to satisfy the FATF that South Africa is committed to combating money laundering and terrorist financing. In this podcast, Lerato Lamola-Oguntoye, Kent Davis, and Rashaad Carrim unpack what greylisting means for South Africa and our clients. They also offer recommendations on what steps should be taken in response to recent legislative changes, and how the private and public sectors can work together to remove South Africa from the list of jurisdictions under increased monitoring as quickly as possible. Guests: Lerato Lamola-Oguntoye - consultant Webber Wentzel Financial Regulatory, Kent Davis - partner Webber Wentzel Financial Regulatory and Rashaad Carrim - partner Webber Wentzel Banking and Finance Host: Gabi Richards-Smith – partner Webber Wentzel Financial Regulatory

Important competition law developments in South Africa – forecasts for 2022 – with Judge Dennis Davis

Play Episode Listen Later Apr 6, 2022 19:23


Daryl Dingley, head of Webber Wentzel's Competition team, hosted the Honourable Judge Dennis Davis to discuss recent competition law developments in South Africa for the latest podcast in the Webber Wentzel Legal Insights series. Judge Davis is uniquely placed to speak to these developments as the former Judge President of the Competition Appeal Court (CAC) and given his involvement in drafting the Constitution and the Competition Act.

Important competition law developments in South Africa – forecasts for 2022 – with Judge Dennis Davis

Play Episode Listen Later Apr 6, 2022 19:23


Daryl Dingley, head of Webber Wentzel's Competition team, hosted the Honourable Judge Dennis Davis to discuss recent competition law developments in South Africa for the latest podcast in the Webber Wentzel Legal Insights series. Judge Davis is uniquely placed to speak to these developments as the former Judge President of the Competition Appeal Court (CAC) and given his involvement in drafting the Constitution and the Competition Act.

Consumer Sector Round Up - 2021 In Review

Play Episode Listen Later Dec 15, 2021 24:40


Over the past year, we have seen the spending patterns of South African consumers change, due to factors such as inflation and also COVID-19. Statistics also show that one in three South African consumers live beyond their means, where low and middle-income groups spend mostly on non-discretion items such as housing and accommodation. In this podcast, Webber Wentzel partners, Bernadette Versfeld, Candice Meyer, Pooja Dela, Ghassan Sader and Kirsty Kilner discuss the South African consumer sector trends in 2021 – focused on legal issues, they also unpack what to expect moving forward, and identify opportunities for the sector and our country as a whole. Host: Bernadette Versfeld, Partner, Webber Wentzel Executive Producer: Andrea Collocott

Consumer Sector Round Up - 2021 In Review

Play Episode Listen Later Dec 15, 2021 24:40


Over the past year, we have seen the spending patterns of South African consumers change, due to factors such as inflation and also COVID-19. Statistics also show that one in three South African consumers live beyond their means, where low and middle-income groups spend mostly on non-discretion items such as housing and accommodation. In this podcast, Webber Wentzel partners, Bernadette Versfeld, Candice Meyer, Pooja Dela, Ghassan Sader and Kirsty Kilner discuss the South African consumer sector trends in 2021 – focused on legal issues, they also unpack what to expect moving forward, and identify opportunities for the sector and our country as a whole. Host: Bernadette Versfeld, Partner, Webber Wentzel Executive Producer: Andrea Collocott

In conversation with the Pension Funds Adjudicator

Play Episode Listen Later Nov 24, 2021 20:56


The Office of the Pension Funds Adjudicator (OPFA) published its Annual Report for 2020/21, and whilst the OPFA recorded a reduction in the number of new complaints referred for that period, it noted that this may be due to the Covid-19 pandemic. Whilst pension funds, administrators and employers have their own role to play in a pension fund, is there a role for them in lessening the number of complaints in pension funds? In this podcast, Nicci van Vuuren and Muvhango Lukhaimane (the Pension Funds Adjudicator) explore the disparity which seems to exist between members and stakeholders when it comes to member dissatisfaction and complaints. Guest: Muvhango Lukhaimane, Pension Funds Adjudicator Host: Nicci van Vuuren, Senior Associate, Webber Wentzel Executive Producer: Nicci van Vuuren

In conversation with the Pension Funds Adjudicator

Play Episode Listen Later Nov 24, 2021 20:56


The Office of the Pension Funds Adjudicator (OPFA) published its Annual Report for 2020/21, and whilst the OPFA recorded a reduction in the number of new complaints referred for that period, it noted that this may be due to the Covid-19 pandemic. Whilst pension funds, administrators and employers have their own role to play in a pension fund, is there a role for them in lessening the number of complaints in pension funds? In this podcast, Nicci van Vuuren and Muvhango Lukhaimane (the Pension Funds Adjudicator) explore the disparity which seems to exist between members and stakeholders when it comes to member dissatisfaction and complaints. Guest: Muvhango Lukhaimane, Pension Funds Adjudicator Host: Nicci van Vuuren, Senior Associate, Webber Wentzel Executive Producer: Nicci van Vuuren

Important competition law developments in Nigeria - Part 2: Competition and trade issues in Nigeria

Play Episode Listen Later Sep 28, 2021 18:01


The Federal Competition and Consumer Protection Commission (FCCPC) is actively reviewing mergers and pursing several restrictive business practice investigations. In this podcast, Florence Abebe (Assistant Chief Legal Officer at the FCCPC), Ayodeji Oyetunde (Partner at Aluko & Oyebode) unpack recent competition compliance and trade law developments, and discuss the effect of these developments on firms doing business in Nigeria. Host: Shawn van der Meulen, Partner, Webber Wentzel Executive Producer: Elisha Bhugwandeen

Important competition law developments in Nigeria - Part 2: Competition and trade issues in Nigeria

Play Episode Listen Later Sep 28, 2021 18:01


The Federal Competition and Consumer Protection Commission (FCCPC) is actively reviewing mergers and pursing several restrictive business practice investigations. In this podcast, Florence Abebe (Assistant Chief Legal Officer at the FCCPC), Ayodeji Oyetunde (Partner at Aluko & Oyebode) unpack recent competition compliance and trade law developments, and discuss the effect of these developments on firms doing business in Nigeria. Host: Shawn van der Meulen, Partner, Webber Wentzel Executive Producer: Elisha Bhugwandeen

Important competition law developments in Nigeria - Part 1: Merger control developments in Nigeria

Play Episode Listen Later Sep 28, 2021 14:45


Over the past few months, there have been some important merger control developments in Nigeria, including the recent amendment to the merger filing fees. In this podcast, Florence Abebe (Assistant Chief Legal Officer at the Federal Competition and Consumer Protection Commission) and Ayodeji Oyetunde (Partner at Aluko & Oyebode) discuss the effect of these developments on firms doing business in Nigeria. Host: Mmadika Moloi, Partner, Webber Wentzel Executive Producer: Elisha Bhugwandeen

Important competition law developments in Nigeria - Part 1: Merger control developments in Nigeria

Play Episode Listen Later Sep 28, 2021 14:45


Over the past few months, there have been some important merger control developments in Nigeria, including the recent amendment to the merger filing fees. In this podcast, Florence Abebe (Assistant Chief Legal Officer at the Federal Competition and Consumer Protection Commission) and Ayodeji Oyetunde (Partner at Aluko & Oyebode) discuss the effect of these developments on firms doing business in Nigeria. Host: Mmadika Moloi, Partner, Webber Wentzel Executive Producer: Elisha Bhugwandeen

Corruption in international arbitration proceedings

Play Episode Listen Later Jul 26, 2021 20:47


by Chandni Gopal, Dylan Cron, Prathik Mohanlall, Kirsten Wolmarans Considering avenues of mitigating your company's risk exposure, is part and parcel of investing across borders. When dealing with a government entity in your business transaction, are you certain that the local courts will protect your company in cases where there are allegations of bribery by a public official? Webber Wentzel lawyers Chandni Gopal, Dylan Cron, Prathik Mohanlall and Kirsten Wolmarans discuss corruption allegations that have arisen more frequently in international arbitration and evaluate how arbitrators deal with corruption allegations during arbitrations, and what happens when corruption creeps into the proceedings itself through corrupt witnesses and arbitrators. Guest for this podcast series are: Chandni Gopal, senior associate and specialist in commercial dispute resolution, arbitration and judicial review. Dylan Cron, partner and specialist in corporate and commercial dispute resolution, including administrative, regulatory and constitutional law advice and litigation. Prathik Mohanlall partner and specialist in corporate and commercial dispute resolution and; Host: Kirsten Wolmarans, partner and specialist in corporate and commercial litigation and arbitrations Produced by: Volume Executive Producer: Andrea Collocott

Corruption in international arbitration proceedings

Play Episode Listen Later Jul 26, 2021 20:47


by Chandni Gopal, Dylan Cron, Prathik Mohanlall, Kirsten Wolmarans Considering avenues of mitigating your company's risk exposure, is part and parcel of investing across borders. When dealing with a government entity in your business transaction, are you certain that the local courts will protect your company in cases where there are allegations of bribery by a public official? Webber Wentzel lawyers Chandni Gopal, Dylan Cron, Prathik Mohanlall and Kirsten Wolmarans discuss corruption allegations that have arisen more frequently in international arbitration and evaluate how arbitrators deal with corruption allegations during arbitrations, and what happens when corruption creeps into the proceedings itself through corrupt witnesses and arbitrators. Guest for this podcast series are: Chandni Gopal, senior associate and specialist in commercial dispute resolution, arbitration and judicial review. Dylan Cron, partner and specialist in corporate and commercial dispute resolution, including administrative, regulatory and constitutional law advice and litigation. Prathik Mohanlall partner and specialist in corporate and commercial dispute resolution and; Host: Kirsten Wolmarans, partner and specialist in corporate and commercial litigation and arbitrations Produced by: Volume Executive Producer: Andrea Collocott

The effect of recent COMESA competition law developments – a discussion with Dr Willard Mwemba – Pt 2 by Burton Phillips

Play Episode Listen Later May 5, 2021 16:46


The COMESA Competition Commission (CCC) has now been active for almost 10 years and has pioneered the development of regional competition law in Africa. In this podcast, Dr Willard Mwemba, the Acting Director and Chief Executive Officer of the CCC, and Burton Phillips from Webber Wentzel unpack the recent important developments involving the COMESA Competition Commission (CCC). This session will focus on restrictive business practices. Guest for this podcast series are: Burton Phillips, Partner, Webber Wentzel; and Dr Willard Mwemba, Acting Director and Chief Executive Officer of the COMESA Competition Commission. Executive Producer: Elisha Bhugwandeen

The effect of recent COMESA competition law developments – a discussion with Dr Willard Mwemba – Pt 2 by Burton Phillips

Play Episode Listen Later May 5, 2021 16:46


The COMESA Competition Commission (CCC) has now been active for almost 10 years and has pioneered the development of regional competition law in Africa. In this podcast, Dr Willard Mwemba, the Acting Director and Chief Executive Officer of the CCC, and Burton Phillips from Webber Wentzel unpack the recent important developments involving the COMESA Competition Commission (CCC). This session will focus on restrictive business practices. Guest for this podcast series are: Burton Phillips, Partner, Webber Wentzel; and Dr Willard Mwemba, Acting Director and Chief Executive Officer of the COMESA Competition Commission. Executive Producer: Elisha Bhugwandeen

The effect of recent COMESA competition law developments – a discussion with Dr Willard Mwemba – Pt 1 by Daryl Dingley

Play Episode Listen Later May 5, 2021 23:44


The COMESA Competition Commission (CCC) has now been active for almost 10 years and has pioneered the development of regional competition law in Africa. In this podcast, Dr Willard Mwemba, the Acting Director and Chief Executive Officer of the CCC, and Daryl Dingley from Webber Wentzel unpack the recent important developments relating to the COMESA Competition Commission (CCC) and the effect of these developments for firms doing business in Africa. This session also focuses on the CCC's priority enforcement objectives and merger control. Guest for this podcast series are: Daryl Dingley, Head of the Competition Law Team, Webber Wentzel; and Dr Willard Mwemba, Acting Director and Chief Executive Officer of the COMESA Competition Commission. Executive Producer: Elisha Bhugwandeen

The effect of recent COMESA competition law developments – a discussion with Dr Willard Mwemba – Pt 1 by Daryl Dingley

Play Episode Listen Later May 5, 2021 23:44


The COMESA Competition Commission (CCC) has now been active for almost 10 years and has pioneered the development of regional competition law in Africa. In this podcast, Dr Willard Mwemba, the Acting Director and Chief Executive Officer of the CCC, and Daryl Dingley from Webber Wentzel unpack the recent important developments relating to the COMESA Competition Commission (CCC) and the effect of these developments for firms doing business in Africa. This session also focuses on the CCC's priority enforcement objectives and merger control. Guest for this podcast series are: Daryl Dingley, Head of the Competition Law Team, Webber Wentzel; and Dr Willard Mwemba, Acting Director and Chief Executive Officer of the COMESA Competition Commission. Executive Producer: Elisha Bhugwandeen

Investment protection under the AfCFTA

Play Episode Listen Later Mar 15, 2021 28:24


The African Continental Free Trade Area aims to increase intra-African trade and transform the economies on the African continent. With trade comes investment and the first question that investors should be asking when taking the plunge and committing to an investment in a foreign state is how that investment will be treated. In this podcast Webber Wentzel partners Sarah McKenzie, Vlad Movshovich and guests Tunde Fagbohunlu, head of the Litigation, Arbitration and ADR at Aluko & Oyebode and Roland Ziadé, Global Co-Head of International Arbitration at Linklaters, discuss the investment protection regime under the African Continental Free Trade Agreement, what we can anticipate in the protocol that is currently being negotiated and the importance of this document for intra-African investments. Our experts in this podcast are: Vlad Movshovich, dispute resolution specialist at Webber Wentzel Tunde Fagbohunlu, commercial litigation and arbitration specialist at Aluko Oyebode Roland Ziadé, global co-head of International Arbitration, Linklaters Paris Host: Sarah McKenzie, dispute resolution specialist at Webber Wentzel Executive Producer: Yael Shafrir Podcast production: www.volume.africa

Investment protection under the AfCFTA

Play Episode Listen Later Mar 15, 2021 28:24


The African Continental Free Trade Area aims to increase intra-African trade and transform the economies on the African continent. With trade comes investment and the first question that investors should be asking when taking the plunge and committing to an investment in a foreign state is how that investment will be treated. In this podcast Webber Wentzel partners Sarah McKenzie, Vlad Movshovich and guests Tunde Fagbohunlu, head of the Litigation, Arbitration and ADR at Aluko & Oyebode and Roland Ziadé, Global Co-Head of International Arbitration at Linklaters, discuss the investment protection regime under the African Continental Free Trade Agreement, what we can anticipate in the protocol that is currently being negotiated and the importance of this document for intra-African investments. Our experts in this podcast are: Vlad Movshovich, dispute resolution specialist at Webber Wentzel Tunde Fagbohunlu, commercial litigation and arbitration specialist at Aluko Oyebode Roland Ziadé, global co-head of International Arbitration, Linklaters Paris Host: Sarah McKenzie, dispute resolution specialist at Webber Wentzel Executive Producer: Yael Shafrir Podcast production: www.volume.africa

COVID-19 Vaccines – Employer Considerations – Part 6: Personal information management of employee vaccine data

Play Episode Listen Later Feb 5, 2021 5:15


With the arrival of South Africa's first consignment of Covid-19 vaccines, many employers are grappling with the possibility of introducing workplace vaccination policies. Over this 6-part series, we will be unpacking various issues from the possibility of mandatory vaccination policies for employees to personal information management of employee vaccination data. In part 6, the final podcast in this series, we explore privacy issues related to Covid-19 vaccines for employers. We are joined by Karl Blom, a privacy expert at Webber Wentzel to discuss these issues.

COVID-19 Vaccines – Employer Considerations – Part 6: Personal information management of employee vaccine data

Play Episode Listen Later Feb 5, 2021 5:15


With the arrival of South Africa's first consignment of Covid-19 vaccines, many employers are grappling with the possibility of introducing workplace vaccination policies. Over this 6-part series, we will be unpacking various issues from the possibility of mandatory vaccination policies for employees to personal information management of employee vaccination data. In part 6, the final podcast in this series, we explore privacy issues related to Covid-19 vaccines for employers. We are joined by Karl Blom, a privacy expert at Webber Wentzel to discuss these issues.

COVID-19 Vaccines – Employer Considerations – Part 5: The workplace as a site for vaccination

Play Episode Listen Later Feb 5, 2021 3:27


With the arrival of South Africa's first consignment of Covid-19 vaccines, many employers are grappling with the possibility of introducing workplace vaccination policies. Over this 6-part series, we will be unpacking various issues from the possibility of mandatory vaccination policies for employees to personal information management of employee vaccination data. Employers, particularly those with large workforces and the relevant infrastructure and capabilities, may be thinking about whether it will be permissible to use the workplace as a site for vaccination? We chat to Kenneth Coster from our health & safety team, in part 5 of this podcast series.

COVID-19 Vaccines – Employer Considerations – Part 5: The workplace as a site for vaccination

Play Episode Listen Later Feb 5, 2021 3:27


With the arrival of South Africa's first consignment of Covid-19 vaccines, many employers are grappling with the possibility of introducing workplace vaccination policies. Over this 6-part series, we will be unpacking various issues from the possibility of mandatory vaccination policies for employees to personal information management of employee vaccination data. Employers, particularly those with large workforces and the relevant infrastructure and capabilities, may be thinking about whether it will be permissible to use the workplace as a site for vaccination? We chat to Kenneth Coster from our health & safety team, in part 5 of this podcast series.

COVID-19 Vaccines – Employer Considerations – Part 4: Potential disciplinary issues

Play Episode Listen Later Feb 5, 2021 5:26


With the arrival of South Africa's first consignment of Covid-19 vaccines, many employers are grappling with the possibility of introducing workplace vaccination policies. Over this 6-part series, we will be unpacking various issues from the possibility of mandatory vaccination policies for employees to personal information management of employee vaccination data. In part 4 of this series, Mehnaaz Bux from our employment team joins us to have a follow-on discussion on the issues of employee discipline.

COVID-19 Vaccines – Employer Considerations – Part 4: Potential disciplinary issues

Play Episode Listen Later Feb 5, 2021 5:26


With the arrival of South Africa's first consignment of Covid-19 vaccines, many employers are grappling with the possibility of introducing workplace vaccination policies. Over this 6-part series, we will be unpacking various issues from the possibility of mandatory vaccination policies for employees to personal information management of employee vaccination data. In part 4 of this series, Mehnaaz Bux from our employment team joins us to have a follow-on discussion on the issues of employee discipline.

COVID-19 Vaccines – Employer Considerations – Part 3: Mandatory vaccination policies

Play Episode Listen Later Feb 5, 2021 6:37


With the arrival of South Africa's first consignment of Covid-19 vaccines, many employers are grappling with the possibility of introducing workplace vaccination policies. Over this 6-part series, we will be unpacking various issues from the possibility of mandatory vaccination policies for employees to personal information management of employee vaccination data. One of the key questions on the minds of employers is whether they can implement mandatory vaccination policies for employees. In part 3 of this series, Mbali Nkosi speaks to Mehnaaz Bux from our employment team and Kenneth Coster from our health & safety team.

COVID-19 Vaccines – Employer Considerations – Part 3: Mandatory vaccination policies

Play Episode Listen Later Feb 5, 2021 6:37


With the arrival of South Africa's first consignment of Covid-19 vaccines, many employers are grappling with the possibility of introducing workplace vaccination policies. Over this 6-part series, we will be unpacking various issues from the possibility of mandatory vaccination policies for employees to personal information management of employee vaccination data. One of the key questions on the minds of employers is whether they can implement mandatory vaccination policies for employees. In part 3 of this series, Mbali Nkosi speaks to Mehnaaz Bux from our employment team and Kenneth Coster from our health & safety team.

COVID-19 Vaccines – Employer Considerations – Part 2: Health and safety obligations of employers

Play Episode Listen Later Feb 5, 2021 6:20


With the arrival of South Africa's first consignment of Covid-19 vaccines, many employers are grappling with the possibility of introducing workplace vaccination policies. Over this 6-part series, we will be unpacking various issues from the possibility of mandatory vaccination policies for employees to personal information management of employee vaccination data. Within the context of Covid-19 vaccines, health & safety obligations are a key consideration. To unpack and analyse these obligations, Mbali Nkosi speaks to Kenneth Coster, partner and health & safety specialist, in part 2 of this podcast series.

COVID-19 Vaccines – Employer Considerations – Part 2: Health and safety obligations of employers

Play Episode Listen Later Feb 5, 2021 6:20


With the arrival of South Africa's first consignment of Covid-19 vaccines, many employers are grappling with the possibility of introducing workplace vaccination policies. Over this 6-part series, we will be unpacking various issues from the possibility of mandatory vaccination policies for employees to personal information management of employee vaccination data. Within the context of Covid-19 vaccines, health & safety obligations are a key consideration. To unpack and analyse these obligations, Mbali Nkosi speaks to Kenneth Coster, partner and health & safety specialist, in part 2 of this podcast series.

COVID-19 Vaccines – Employer Considerations – Part 1: The law on vaccines in South Africa

Play Episode Listen Later Feb 5, 2021 8:04


With the arrival of South Africa's first consignment of Covid-19 vaccines, many employers are grappling with the possibility of introducing workplace vaccination policies. Over this 6-part series, we will be unpacking various issues from the possibility of mandatory vaccination policies for employees to personal information management of employee vaccination data. In part 1 of this podcast series, Mbali Nkosi will discuss the law on vaccines in South Africa with Shane Johnson from our employment team. In keeping with our aim for this podcast, we are focusing only on the law.

COVID-19 Vaccines – Employer Considerations – Part 1: The law on vaccines in South Africa

Play Episode Listen Later Feb 5, 2021 8:04


With the arrival of South Africa's first consignment of Covid-19 vaccines, many employers are grappling with the possibility of introducing workplace vaccination policies. Over this 6-part series, we will be unpacking various issues from the possibility of mandatory vaccination policies for employees to personal information management of employee vaccination data. In part 1 of this podcast series, Mbali Nkosi will discuss the law on vaccines in South Africa with Shane Johnson from our employment team. In keeping with our aim for this podcast, we are focusing only on the law.

AfCFTA: Africa reopening for business and the role of DFI's

Play Episode Listen Later Dec 11, 2020 28:26


As the African Continental Free Trade Agreement (AfCFTA) becomes effective from 1 January 2021, our podcast panel explores what is required to bring about this enhanced regional cooperation, how the various member states can unlock the envisaged benefits and the important role that the Development Finance Institutions can plan within the broader ecosystem. In 2019, the African Union agreed to create a free trade zone on the continent, the largest since the World Trade Organisation was formed. The African Continental Free Trade Area aims to reduce trade tariffs, create jobs, and generally enhance regional cooperation. AfCFTA aims to add USD3,4 million in wealth creation, a 50% increase in Intra Africa trade by 2030, and unite 1.3 billion people.

AfCFTA: Africa reopening for business and the role of DFI's

Play Episode Listen Later Dec 11, 2020 28:26


As the African Continental Free Trade Agreement (AfCFTA) becomes effective from 1 January 2021, our podcast panel explores what is required to bring about this enhanced regional cooperation, how the various member states can unlock the envisaged benefits and the important role that the Development Finance Institutions can plan within the broader ecosystem. In 2019, the African Union agreed to create a free trade zone on the continent, the largest since the World Trade Organisation was formed. The African Continental Free Trade Area aims to reduce trade tariffs, create jobs, and generally enhance regional cooperation. AfCFTA aims to add USD3,4 million in wealth creation, a 50% increase in Intra Africa trade by 2030, and unite 1.3 billion people.

Virtual Hearings in International Arbitration

Play Episode Listen Later Nov 19, 2020 24:02


Arbitration​ ​​is increasingly used to resolve complex disputes. Our dispute resolution specialists have extensive experience in advising on domestic and international commercial arbitration matters and investment law disputes. We have acted for claimants and defendants (public and private sector parties) in many complex, high-value arbitrations, with a particular focus on Africa. In this podcast, Webber Wentzel partners, Priyesh and Sarah, along with their host, discuss the advent of virtual hearings in international arbitrations in the wake of the COVID-19 pandemic. Together, the panel unpacks the extensive developments in virtual international arbitration hearings and Webber Wentzel's unique experiences and expertise in this area. Guests for this podcast are arbitration experts: Priyesh Daya – Partner, Webber Wentzel; and Sarah McKenzie - Partner, Webber Wentzel. Host: Chandni Gopal, Senior Associate at Webber Wentzel. Executive Producer: Paula Youens. Podcast Production Company: www.volume.africa.

Virtual Hearings in International Arbitration

Play Episode Listen Later Nov 19, 2020 24:02


Arbitration​ ​​is increasingly used to resolve complex disputes. Our dispute resolution specialists have extensive experience in advising on domestic and international commercial arbitration matters and investment law disputes. We have acted for claimants and defendants (public and private sector parties) in many complex, high-value arbitrations, with a particular focus on Africa. In this podcast, Webber Wentzel partners, Priyesh and Sarah, along with their host, discuss the advent of virtual hearings in international arbitrations in the wake of the COVID-19 pandemic. Together, the panel unpacks the extensive developments in virtual international arbitration hearings and Webber Wentzel's unique experiences and expertise in this area. Guests for this podcast are arbitration experts: Priyesh Daya – Partner, Webber Wentzel; and Sarah McKenzie - Partner, Webber Wentzel. Host: Chandni Gopal, Senior Associate at Webber Wentzel. Executive Producer: Paula Youens. Podcast Production Company: www.volume.africa.

Tax insights on debt and corporate restructurings for businesses in distress

Play Episode Listen Later Jul 24, 2020 11:13


Given the current economic crisis as a consequence of the Covid 19 pandemic, as well as the state of the South African economy over the last few years, we have seen a significant increase in debt and corporate restructurings by South African corporate entities. It's no surprise that this trend has continued throughout the last few months, and will most likely continue for the foreseeable future. Unfortunately, given the complexity of the tax rules relating to debt and corporate restructurings, if these restructurings are not implemented correctly, this could result in additional taxes being payable as well. Obviously, this is not first prize for any entity that finds itself in this situation. In this podcast, Brian Dennehy and Kyle Beilings process the complicated minefield of debt and corporate restructurings for businesses in distress. They cover the types of debt restructuring mechanisms that are available to companies, tax liabilities and more. Our experts in this podcast are: Brian Dennehy, Head of Tax and Banking & Finance, Webber Wentzel; and Kyle Beilings Partner, Webber Wentzel Executive Producer: Paula Youens​ Podcast Production Company: www.volume.africa www.webberwentzel.com

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