#7 2021 EDITION
In this edition, we bring to you our #7 Edition which features Dr Wycliffe Otiso, an Advocate of the High Court of Kenya, a Lecturer in Kisii University. He is currently an Editor for the Law Society of Kenya Journal and the Advocates Magazine.
REINSTATEMENT ORDER IN SOUTH AFRICA: What it Means for the Employer and the Employee- T. B. Ndhlalane
Aggrieved employees who have been dismissed by their employers in most cases refer an unfair dismissal dispute to either the Commission for Conciliation, Mediation and Arbitration (CCMA) or the Bargaining Council which holds the necessary jurisdiction to adjudicate such dispute. In most cases, these employees would be seeking relief in the form of reinstatement, compensation or sometimes even backpay.
Petroleum Industry Saviour: A Terse Breakdown of the Nigerian Petroleum Industry Act, 2021- Okediya Peter O., ACIArb
The ‘newly’ passed Petroleum Industry Act 2021 has been portrayed as Nigeria’s saviour from economic woes and the crippling oil and gas industry, however the Act started off as a bill which was dragged and delayed for nearly twenty years. This directly means the application of the Act was due twenty years ago, save for amendments and modifications by various administrations.
Sayches: A New Social Media Platform Focused on Privacy and Net Anonymity Has Opened for Signups
On Tuesday, August 3, 2021, a new London-based social media platform Sayches opened to the public. The platform aims to provide an uncensored social channel for users to access true freedom of speech while ensuring privacy is protected, a perspective that is missing from existing social media giants.
The Development of a Project by Founding a Management Company, Backed by an Asset Company in West African Countries- Franck Allessie
The implementation of a project through the creation of a management company (société de gestion in French), backed by an asset company (société de patrinoine in French), is a structure that can offer other advantages than those presented by the contractual structures set out in our current regulations (implementation of a project via a public contract, via a long lease (bail emphythéotique), via a PPP).
The main advantage of this type of scheme is to allow different rounds of financing in each of the companies and therefore to gather the maximum number of stakeholders, whose interests may be complementary, to have the debt borne solely by the asset company, to not involve the private operator in the investment by the asset company and to strictly confine the private operator to its role as operator.
Ribin N. Ondwari: Africa’s Legal Millennial
Ribin Ondwari is a Partner and Head of Real Estate, Banking and Financial Services at Ashitiva Advocates LLP in Nairobi, Kenya. Ribin is regarded as one of Kenya’s fastest rising lawyers. Multifaceted logic is Ribin’s thing, hence he is adept at banking & financial services law, real estate, capital markets transactions, insolvency & corporate restructuring and energy law.
The Argument for Privatization of Loss-Making Public Enterprises- Ali Smart
The government has no business doing business. The inherent obligation of the government is to regulate; and ensures the business terrains reflect a fair level playing ground that is transparent enough to absorb healthy competitions and innovations among industry players. The state also must ensure there is constant sanity in the ecosystem that sustains the value chain of economic production. Business can only be business if the utility value of the system remains sacred. The rights of Investors, consumers and all other players in the ecosystem must be well safeguarded in building a fair level playing ground.
Current Trends In Artificial Intelligence And Business Disruption- Oyetola Muyiwa Atoyebi, SAN
One of the most exciting and promising frontiers of technology today is Artificial Intelligence (AI). Any conversation around technology is incomplete without a reference to AI. While the term AI has been around for decades, in recent times, its application across industries, from healthcare, business and education to banking, amongst others, is changing the way we live and work both remotely and in the traditional sense.
Ahmed Ashrf Mshrf: Africa’s Legal Millennial
The Millennial star is Ahmed Ashrf Mshrf who graduated from the Faculty of Law, English Department with honours and academic excellence. He got his LLM in International Commercial Law. He’s a Practicing Lawyer in Egypt and an Associate Partner in Ashrf Mshrf Lawyers and Counsellors which is considered one of the top-tier commercial Law Firms in Egypt and the Middle East.
The Degree of Participation of African Countries in the World Trade Organisation (WTO) Dispute Settlement- Joalane Lemao
Dispute Settlement in the WTO serves as one of the organization’s core activities. The aim of the dispute settlement mechanism (DSM) is to secure a positive solution to a dispute, where there has been a violation of a member government against the other. The provisions for formal dispute settlement mechanisms under the understanding of rules and procedures governing the settlement of disputes stands as the art, the crown and the jewel of the WTO.
