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Legal challenges around dealing with cybercriminals
31 July 2019 Corporate Investigations

Legal challenges around dealing with cybercriminals

Zaakir Mohamed, a Director in the Corporate Investigations sector of CDH's Dispute Resolution practice, contributed to a Carte Blanche insert on cybercrime and email scams. In it, he explains the legal challenges around dealing with cybercriminals. Forward to 7 minutes to watch his interview.

Privatising taxation: The future of legal costs recovery
31 July 2019 Dispute Resolution

Privatising taxation: The future of legal costs recovery

Taxation is the process that is followed to assess costs usually paid by the losing party once the courts in civil litigation have handed down an order. Since costs in litigation can be considerable, the level of costs recovery is important for the winner.

Common law set-off in credit agreements given the boot?
31 July 2019 Dispute Resolution

Common law set-off in credit agreements given the boot?

In a previous Alert we dealt with the question of whether credit providers’ right to apply set-off is regulated by the common-law only or whether credit providers are subject to the National Credit Act’s more onerous requirements regarding set-off. Our 2017 article mentioned that the National Credit Regulator had approached the High Court for clarity on the meaning of the National Credit Act’s set-off provisions: Section 90 and section 124. On 27 June 2019, the High Court delivered its judgment.

The applicability of the Financial Advisory and Intermediary Services Act to cryptocurrency assets
31 July 2019 Corporate & Commercial

The applicability of the Financial Advisory and Intermediary Services Act to cryptocurrency assets

Recently, we have been approached by several people who wanted to know how and whether South African financial services legislation applies to persons who wish to provide advice to third parties who are interesting in investing in cryptocurrencies. Specifically, they want to know whether or not they need to be licensed as “financial services providers” in terms of the Financial Advisory and Intermediary Services Act, 2002 (FAIS).

#sorrynotsorry: No freedom to falsely criticise your employer in the media
29 July 2019 Employment

#sorrynotsorry: No freedom to falsely criticise your employer in the media

In the matter of Joseph Nzimande and two others v Didben NO and Others, the applicants were dismissed for making false statements to the media, bringing the name of their employer into disrepute and failing to obey an instruction to them to raise their grievances through the recognised internal channels.

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Stories from Down Under: Income tax provisions applicable to documentaries
11 July 2019 Tax & Exchange Control

Stories from Down Under: Income tax provisions applicable to documentaries

When South Africans think about Australian television, many may remember the television soap opera, Neighbours, featuring the famous Kylie Minogue, which aired in South Africa during the 1990s. Whereas South African tax law contains an income tax incentive for qualifying films and documentaries in s12O of the Income Tax Act, No 58 of 1962 (Act), effective from 1 January 2012. Australian tax law also contains specific provisions that apply to qualifying documentaries. We discussed the provisions of s12O of the Act in our Tax and Exchange Control Alert of 8 September 2017.

Double trouble: The limited application of the in duplum rule
10 July 2019 Corporate & Commercial

Double trouble: The limited application of the in duplum rule

Literally translated, “in duplum” means “double the amount”. The in duplum rule prevents arrear interest accumulating beyond an amount equal to the outstanding capital obligation. Such interest ceases to accrue once the sum of the unpaid (accrued) interest equals the amount of the outstanding capital, whether or not any capital and/or interest is payable at the time, thereby limiting the debtor’s aggregate liability to double the capital amount. The rule is concerned with public interest and protects borrowers from exploitation by lenders who permit interest to accumulate.

One suretyship, two agreements – are both covered?
10 July 2019 Dispute Resolution

One suretyship, two agreements – are both covered?

In the recent case of Moss & another v KMSA Distributors (673/2018) [2019] ZASCA 81, the Supreme Court of Appeal (SCA) considered whether a suretyship agreement, attached as an annexure to a certain agreement, also provided security to the creditor for debts incurred by the debtor under an earlier separate agreement concluded between the same parties.

AI ownership and machines as creators
8 July 2019 Technology, Media & Telecommunications

AI ownership and machines as creators

In a previous article entitled “AI Regulation in South Africa”, we discussed that although no specific laws yet exist in South Africa to regulate AI, it is regulated under existing legal principles. In this article, we explore issues around ownership.

Furnishing of security: Are all employers equal?
8 July 2019 Employment

Furnishing of security: Are all employers equal?

The obligation to furnish security in order to stay the enforcement of an arbitration award pending the outcome of review proceedings can be onerous. The requirement is aimed primarily at preventing meritless review proceedings. Whether public sector employers are obliged to provide security or are prohibited from doing so in terms of the Local Government: Municipal Finance Management Act, No 56 of 2003 (MFMA) or Public Finance Management Act, No 1 of 1999 (PFMA) was the question answered by the Labour Appeal Court (LAC) in a judgment handed down in March 2019 in the case of City of Johannesburg v SAMWU obo Monareng and Another (JA 120/2017).

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Further clarity on Venture Capital Companies
31 January 2018 Tax & Exchange Control

Further clarity on Venture Capital Companies

On 24 July 2017, the South African Revenue Service (SARS) released binding class ruling 057 (BCR 057) which deals with, inter alia, the eligibility of a partner in an en commandite partnership to claim a deduction in respect of venture capital shares acquired by the partnership.

Harmonising law crucial for economic growth in East Africa
31 January 2018 Mergers & Acquisitions

Harmonising law crucial for economic growth in East Africa

Over more than decade, a combination of globalisation, foreign investment and an increase in multinational co-corporations in Africa has resulted in the rise of cross border transactions taking place on the continent and the much needed foreign investment to fuel growth in Africa.

Cross-border mergers and acquisitions – Charting the regulatory landscape
31 January 2018 Mergers & Acquisitions

Cross-border mergers and acquisitions – Charting the regulatory landscape

Africa is poised for massive urbanisation which will contribute to the continent's economic development. Currently, the continent is experiencing a growth of the middle class and the private sector, which in turn have influenced Africa's economic growth and the implementation of structural and economic regulatory reforms. This article deals with the challenges of investing in Africa and what is required in order to establish an effective regulatory landscape that would facilitate unlocking the continents growth potential.

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Doing Business in South Africa
21 August 2017 Corporate & Commercial

Doing Business in South Africa

Cape Managing Partner and Director in our Corporate and Commercial practice Gasant Orrie, appeared on SABC's Prime Time Business Show to talk about Doing Business in South Africa.

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.

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