Latest News

Get insight into the most recent legal developments across key industry sectors.

Loading...

Improvements to dispute resolution process
26 May 2017 Tax & Exchange Control

Improvements to dispute resolution process

On 15 May 2017, the South African Revenue Service (SARS) released a statement on its website regarding improvements that have been introduced to the current dispute resolution process. According to this statement, these improvements are being implemented by SARS as part of an ongoing commitment to deliver a better service to taxpayers.

Was your vote against a business rescue plan inappropriate and what effect does it have, if set aside?
24 May 2017 Business Rescue, Restructuring & Insolvency

Was your vote against a business rescue plan inappropriate and what effect does it have, if set aside?

In the case of First Rand Bank Limited v KJ Foods CC (in business rescue) (734/2015) [2015] ZA SCA 50 (26 April 2017), the main issue that the Supreme Court of Appeal (SCA) had to determine was whether the High Court of Pretoria (Court a quo) was correct in setting aside a vote by the appellant, FirstRand Bank Limited (FNB), against the adoption of a business rescue plan (plan) on the basis that it was reasonable and just to do so in terms of s153(7) of the Companies Act, No 71 of 2008 (Act).

The concept of control in the Companies Act
24 May 2017 The Companies Act

The concept of control in the Companies Act

Understanding how and when persons are “related” to one another under the Companies Act, No 71 of 2008 (Companies Act) is fundamental in assessing whether certain provisions of the Companies Act apply to, and regulate, a transaction to which a company is a party. The term “related” is prevalent throughout the Companies Act and triggers, for instance, the rules relating to issues of shares to related persons (s41(1)) and financial assistance in connection with the acquisition of shares or to related persons (ss44 and 45).

Clearance certificates: Sellers no longer held ransom for future municipal debts
24 May 2017 Real Estate

Clearance certificates: Sellers no longer held ransom for future municipal debts

The courts have come to the rescue once again, clarifying and confirming a seller’s duty to settle outstanding municipal debt prior to receiving a property rates clearance certificate. In short, municipalities can no longer hold a seller ransom by refusing to issue a clearance certificate until the rates have been paid up to the end of the municipality’s current financial year.

Weed in the workplace
23 May 2017 Employment

Weed in the workplace

Employment Director Jose Jorge discusses the recent court case in the Western Cape High Court relating to the use of cannabis in the privacy of your home and how it could, if the Bill is passed, affect the workplace.

Loading...

Improvements to dispute resolution process
26 May 2017 Tax & Exchange Control

Improvements to dispute resolution process

On 15 May 2017, the South African Revenue Service (SARS) released a statement on its website regarding improvements that have been introduced to the current dispute resolution process. According to this statement, these improvements are being implemented by SARS as part of an ongoing commitment to deliver a better service to taxpayers.

Was your vote against a business rescue plan inappropriate and what effect does it have, if set aside?
24 May 2017 Business Rescue, Restructuring & Insolvency

Was your vote against a business rescue plan inappropriate and what effect does it have, if set aside?

In the case of First Rand Bank Limited v KJ Foods CC (in business rescue) (734/2015) [2015] ZA SCA 50 (26 April 2017), the main issue that the Supreme Court of Appeal (SCA) had to determine was whether the High Court of Pretoria (Court a quo) was correct in setting aside a vote by the appellant, FirstRand Bank Limited (FNB), against the adoption of a business rescue plan (plan) on the basis that it was reasonable and just to do so in terms of s153(7) of the Companies Act, No 71 of 2008 (Act).

The concept of control in the Companies Act
24 May 2017 The Companies Act

The concept of control in the Companies Act

Understanding how and when persons are “related” to one another under the Companies Act, No 71 of 2008 (Companies Act) is fundamental in assessing whether certain provisions of the Companies Act apply to, and regulate, a transaction to which a company is a party. The term “related” is prevalent throughout the Companies Act and triggers, for instance, the rules relating to issues of shares to related persons (s41(1)) and financial assistance in connection with the acquisition of shares or to related persons (ss44 and 45).

Clearance certificates: Sellers no longer held ransom for future municipal debts
24 May 2017 Real Estate

Clearance certificates: Sellers no longer held ransom for future municipal debts

The courts have come to the rescue once again, clarifying and confirming a seller’s duty to settle outstanding municipal debt prior to receiving a property rates clearance certificate. In short, municipalities can no longer hold a seller ransom by refusing to issue a clearance certificate until the rates have been paid up to the end of the municipality’s current financial year.

Loading...

Ensure your agents are compliant
30 May 2016 Finance & Banking

Ensure your agents are compliant

While banks doing business across Africa have to be careful with regard to their compliance with SA's Financial Intelligence Centre Act (Fica), they also have to be watchful to ensure that the other banks or agents with whom they engage are also complying with at least the same level of "knowing your customer" (KYC) as FICA requires of South African banks.

Loading...

Chief Economist Dr Jammine at CDH's 'Junk Status' seminar
19 May 2017

Chief Economist Dr Jammine at CDH's 'Junk Status' seminar

Econometrix Director and Chief Economist Dr Azar Jammine told delegates at a Cliffe Dekker Hofmeyr 'Junk Status' seminar which took place on Thursday, 18 May, that "We haven’t had the worst-case scenario of a collapse in the rand that will cause our interest rates to soar”.

Team
28 March 2017

Team

At Cliffe Dekker Hofmeyr, we believe in partnerships. We believe that two heads are always better than one and that, when we work together, we are capable of producing amazing results. Results that benefit you and your business. Backed by our vast experience across a wide variety of industries and disciplines, we provide legal and business advice that is driven by rigorous analysis and commercial judgement. And that helps drive your business forward.

Loading...

Weed in the workplace
23 May 2017 Employment

Weed in the workplace

Employment Director Jose Jorge discusses the recent court case in the Western Cape High Court relating to the use of cannabis in the privacy of your home and how it could, if the Bill is passed, affect the workplace.

Research on sexual harassment during times of junk status
5 May 2017 Employment

Research on sexual harassment during times of junk status

Aadil Patel (Head of our Employment practice), Fatima Moosa (National HR Manager) and Mariella Noriega Del Valle (HR Intern) participated in a discussion with Naledi on The Talk Shop on SAFM as to whether the risk of workplace abuses - particularly sexual harassment – is likely to increase during these turbulent economic times.

The provision of free or low-cost transport services
20 April 2017 Tax & Exchange Control

The provision of free or low-cost transport services

Tax and Exchange Control Associate Designate Louis Botha chatted to Ayabonga Cawe on Power FM's Power Hour on Tuesday, 18 April, about whether the provision of free or low-cost transport services by employers to their employees, to convey them between their homes and place of employment, constitutes a taxable fringe benefit, the value attached to such benefit and two recent rulings issued by SARS regarding this issue.

SANRAL is owed more than R11 billion
2 December 2016 Dispute Resolution

SANRAL is owed more than R11 billion

Pieter Conradie, Executive Consultant in our Dispute Resolution practice, gives more information as to why so much money is owed to South African National Roads Agency (SANRAL)