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The law of contract post the 1996 Constitution
18 July 2018 Dispute Resolution

The law of contract post the 1996 Constitution

The judgment in Beadica 231 CC and others v Trustees, Oregon Unit Trust and Others 2018 (1) SA 549 (WCC) goes to the heart of the debate as to what, post the Republic of South Africa Constitution Act of 1996, constitutes the law of contract in South Africa.

CDH Youth Day community workshop
18 July 2018 Pro Bono & Human Rights

CDH Youth Day community workshop

The Pro Bono & Human Rights Practice (Pro Bono Practice) in collaboration with our Finance & Banking and Corporate & Commercial Practices continue heeding the call of our President Cyril Ramaphosa to avail themselves for the task of rebuilding our nation.

CDH's Doing Business in South Africa 2018
17 July 2018

CDH's Doing Business in South Africa 2018

Doing Business in South Africa (DBSA) focuses on the commercial legal landscape that welcomes and directs those wishing to invest in South Africa, whether that be embarking on a new business venture or setting up local offices.

If no tax debt, SARS must pay the refund: An interesting judgment about the TAA’s refund provisions
13 July 2018 Tax & Exchange Control

If no tax debt, SARS must pay the refund: An interesting judgment about the TAA’s refund provisions

It is often mentioned by taxpayers that in their opinion, the South African Revenue Service (SARS) delays the payment of refunds to taxpayers. In light of this observation, the judgment in Top Watch (Pty) Ltd v The Commissioner of the South African Revenue Service (Johannesburg Case No: 2017/4557 and Pretoria Case No: 2016/90099) (judgment delivered on 12 June 2018) is particularly interesting.

South Africa’s first transfer pricing case?
13 July 2018 Tax & Exchange Control

South Africa’s first transfer pricing case?

Section 31 of the Income Tax Act, No 58 of 1962 (Act) contains South Africa’s transfer pricing provisions which constitutes one of the most contentious areas of tax law not only in South Africa, but around the world. Historically, there has been no judicial precedent in South Africa regarding the application of s31 of the Act and in particular the important “arm’s length” principle. However, in Crookes Brothers Ltd v Commissioner for the South African Revenue Service [2018] ZAGPHC 311 (judgment delivered 8 May 2018) (Crookes Bros) the High Court handed down findings regarding the application of certain provisions contemplated in s31 of the Act.

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The law of contract post the 1996 Constitution
18 July 2018 Dispute Resolution

The law of contract post the 1996 Constitution

The judgment in Beadica 231 CC and others v Trustees, Oregon Unit Trust and Others 2018 (1) SA 549 (WCC) goes to the heart of the debate as to what, post the Republic of South Africa Constitution Act of 1996, constitutes the law of contract in South Africa.

CDH Youth Day community workshop
18 July 2018 Pro Bono & Human Rights

CDH Youth Day community workshop

The Pro Bono & Human Rights Practice (Pro Bono Practice) in collaboration with our Finance & Banking and Corporate & Commercial Practices continue heeding the call of our President Cyril Ramaphosa to avail themselves for the task of rebuilding our nation.

CDH's Doing Business in South Africa 2018
17 July 2018

CDH's Doing Business in South Africa 2018

Doing Business in South Africa (DBSA) focuses on the commercial legal landscape that welcomes and directs those wishing to invest in South Africa, whether that be embarking on a new business venture or setting up local offices.

If no tax debt, SARS must pay the refund: An interesting judgment about the TAA’s refund provisions
13 July 2018 Tax & Exchange Control

If no tax debt, SARS must pay the refund: An interesting judgment about the TAA’s refund provisions

It is often mentioned by taxpayers that in their opinion, the South African Revenue Service (SARS) delays the payment of refunds to taxpayers. In light of this observation, the judgment in Top Watch (Pty) Ltd v The Commissioner of the South African Revenue Service (Johannesburg Case No: 2017/4557 and Pretoria Case No: 2016/90099) (judgment delivered on 12 June 2018) is particularly interesting.

South Africa’s first transfer pricing case?
13 July 2018 Tax & Exchange Control

South Africa’s first transfer pricing case?

Section 31 of the Income Tax Act, No 58 of 1962 (Act) contains South Africa’s transfer pricing provisions which constitutes one of the most contentious areas of tax law not only in South Africa, but around the world. Historically, there has been no judicial precedent in South Africa regarding the application of s31 of the Act and in particular the important “arm’s length” principle. However, in Crookes Brothers Ltd v Commissioner for the South African Revenue Service [2018] ZAGPHC 311 (judgment delivered 8 May 2018) (Crookes Bros) the High Court handed down findings regarding the application of certain provisions contemplated in s31 of the Act.

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We mourn the passing of Ma'm Winnie
3 April 2018

We mourn the passing of Ma'm Winnie

As we mourn the loss of another South African heroine, Ma’m Winnie Madikizela-Mandela, we ought to consider what she has meant to all of us South Africans, and how her memory may serve to embolden and enrich the pursuit of a better life for all - fundamentally – the pursuit of social justice, in our country.

Ignorance is not bliss: A recent judgment about understatement penalties and a caution to taxpayers
23 March 2018 Tax & Exchange Control

Ignorance is not bliss: A recent judgment about understatement penalties and a caution to taxpayers

In the recent matter of Mr A & XYZ CC v The Commissioner for the South African Revenue Service (Case Nos IT13725 & VAT1426, IT13727 & VAT1096), which involved four combined cases, the South African Revenue Service (SARS) issued assessments to Mr A and XYZ CC (Taxpayers) relating to income tax for the 2007 to 2012 years of assessment and Value-Added Tax (VAT) for the 2006 to 2013 periods.

Domestic treasury management companies
23 March 2018 Tax & Exchange Control

Domestic treasury management companies

In 2013, the South African government introduced the domestic treasury management company (DTMC) regime to enable South African companies, which are registered with the Financial Surveillance Department (FSD) of the South African Reserve Bank (SARB), to expand into the rest of Africa and abroad. The DTMC regime allows South African companies to establish one subsidiary as a holding company to hold African and offshore operations, without being subject to exchange control restrictions.

Cliffe Dekker Hofmeyr recognised as leading firm for M&A and Corporate Finance deals in 2017
13 March 2018 Mergers & Acquisitions

Cliffe Dekker Hofmeyr recognised as leading firm for M&A and Corporate Finance deals in 2017

Cliffe Dekker Hofmeyr (CDH) has been recognised by DealMakers as the local law firm that has consistently advised on the most number of M&A deals in South Africa. The firm clinched the prestigious M&A Deal Flow award for the ninth consecutive year – with deals totalling R119,576 billion in value – at the annual DealMakers Awards. CDH was awarded second place in the M&A Deal Value category. The firm also achieved notable M&A Deal Flow and Deal Value rankings in the BEE and Africa categories.

Shining in a slow M&A market
2 March 2018 Corporate & Commercial

Shining in a slow M&A market

Cliffe Dekker Hofmeyr (CDH) was recognised by DealMakers for the ninth successive year, at last week’s annual DealMakers Awards, as the local law firm that has consistently advised on the most number of Mergers and Acquisitions (M&A) deals in South Africa. The firm clinched the prestigious M&A Deal Flow award with deals totalling R119.6bn in value and was awarded second place in the M&A Deal Value category. The firm also achieved notable M&A Deal Flow and Deal Value rankings in the BEE and Africa categories.

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CDH recognised as leading firm by DealMakers in 2017
25 April 2018 Corporate & Commercial

CDH recognised as leading firm by DealMakers in 2017

Cliffe Dekker Hofmeyr (CDH) has been recognised by DealMakers as the local law firm that has consistently advised on the most number of M&A deals in South Africa. The firm clinched the prestigious M&A Deal Flow award for the ninth consecutive year – with deals totalling R119,576 billion in value – at the annual DealMakers Awards. CDH was awarded second place in the M&A Deal Value category. The firm also achieved notable M&A Deal Flow and Deal Value rankings in the BEE and Africa categories. Watch our latest TV advert.

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Gender Parity in Private Equity
30 May 2018 Private Equity

Gender Parity in Private Equity

Directors in our Corporate and Commercial Practice, Nonhla Mchunu and Tessa Brewis, joined Cape Talk's Early Breakfast with Abongile Nzelenzele to discuss was "Gender Parity in Private Equity"