New Facts

Last updated: June 2010

PMR.africa Diamond Arrow Award 2010

In February 2010, BCLR received PMR.africa's Diamond Arrow Award 2010 as the highest rated law firm in South Africa in the medium sized law firm category in terms of Professional Management Review.africa (Pty) Ltd's annual independent survey of SA law firms conducted in 2009 in terms of a random national sample of 255 respondents comprising of in-house corporate legal advisors, MD's, CEO's, financial directors, company secretaries and senior managers. This was the second time that BCLR managed to obtain the highest overall mean score of all the rated large, medium and small firms in the country and the third time that the firm received the Diamond Arrow Award.

Occupational Diseases: Liability for common law damages

During the course of last year the Johannesburg High Court dismissed a claim instituted by a certain Mr Mankayi for common law damages against AngloGold Ashanti Limited, which was represented by Willem le Roux and Joseph Mabuza of our firm. Mr Mankayi alleged that he suffered from silicosis as a result of exposure to silica dust at mines owned by AngloGold Ashanti Limited. AngloGold Ashanti argued that it was indemnified against any such claim by virtue of the provisions of section 35(1) of the Compensation for Occupational Injuries and Diseases Act, 1993 ("COIDA"). The argument was further that although silicosis is compensatable in terms of the Occupational Diseases in Mines and Works Act, 1973 ("ODMWA") and although the latter Act does not contain a similar indemnification, section 35(1) of COIDA is of general application and applies to all compensatable diseases. The High Court upheld the contentions of AngloGold Ashanti. Mr Mankayi then appealed against the decision to the Supreme Court of Appeal. The appeal was heard on 4 March 2010. On 31 March 2010 an unanimous judgment was handed down in terms of which the Supreme Court of Appeal dismissed the appeal and confirmed the reasoning of the High Court. The effect of the above is that no claim for common law damages may be instituted against an employer by an employee or the dependants of an employee for damages suffered as a result of silicosis or any other disease which is compensatable in terms of ODMWA.

Recent Appointments

Brink Cohen Le Roux Inc has appointed three associates from 1 January 2010:

Information Leaflets

• Legal Issues
  1. Financial Advisory and Intermediary Services Act, 2002 (pdf - 96kb)
  2. Empowerment Charters (pdf - 107kb)
  3. Independent Contractors (pdf - 69kb)
  4. An Insight into the Cartel Leniency Programme (pdf - 71kb)
  5. DataTec: South African Insider Trading Legislation and the Offence of Insider Tipping (pdf - 90kb)
  6. Collecting Banker's Duty of Care (pdf - 59kb)
  7. The New Law of Retrenchment (pdf - 83kb)
• New Legislation
  1. Financial Advisory and Intermediary Services Act (pdf - 34kb)
  2. Regulation and Interception of Communications and Provision of Communication-related Information Act (pdf - 50kb)
  3. Mineral and Petroleum Resources Development Act (pdf - 76kb)
  4. Electronic Communications and Transactions Act (pdf - 38kb)
  5. Collective Investment Schemes Control Bill (pdf - 47kb)
  6. Securitisation Regulations (pdf - 68kb)
• South Africa the Latest Facts: A Pocket Guide to Doing Business (pdf - 220kb)
• BCLR's Manual Prepared in Accordance with Section 51 of the Promotion of Access to Information Act, 2000 (pdf - 36kb)
• Quarterley Step Ahead Newsletter - June 2010 (pdf - 662 kb)

Tenth Anniversary