Webber Wentzel Legal Insights

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-Smit...

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 disinf...

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 per...

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 foreig...

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...

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 Williams...

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 technolo...

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, direct...

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 taxa...

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 (Teleco...

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: Wen...

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...

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 busi...

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...

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 c...

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...

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 th...

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,...

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 com...

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...

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 N...

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 lawy...

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 f...

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 th...

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...