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-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

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

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

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)

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

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

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

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

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

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

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)

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

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.

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

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

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

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.

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

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

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