Latest News

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

subscribe to updates

Loading...

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.

Taxation of subsistence allowances – SARS issues new ruling
26 January 2018 Tax & Exchange Control

Taxation of subsistence allowances – SARS issues new ruling

On 24 January 2018, the South African Revenue Service (SARS) issued Binding Private Ruling 291 (BPR 291), which deals with the taxation of subsistence allowances paid by an employer to its employees under certain circumstances. BPR 291 specifically related to the interpretation of s8(1)(a)(i)(bb) read with s8(1)(c) of the Income Tax Act, No 58 of 1962 (Act).

Did the punishment fit the crime? The Tax Court reduces an understatement penalty imposed by SARS
26 January 2018 Tax & Exchange Control

Did the punishment fit the crime? The Tax Court reduces an understatement penalty imposed by SARS

The imposition of understatement penalties in terms of Chapter 16 of the Tax Administration Act, No 28 of 2011 (TA Act) and the factors to consider when imposing such a penalty: An issue that our courts have not dealt with much. In this regard, the judgment of the Tax Court in XYZ CC v The Commissioner for the South African Revenue Service (Case No. 14055) (as yet unreported), handed down on 20 November 2017, sets out some helpful principles.

Loading...

Mining Charter – Where to from here with your corporate structure
20 June 2017 Corporate & Commercial

Mining Charter – Where to from here with your corporate structure

The Reviewed Broad Based Black-Economic Empowerment Charter for the South African Mining and Minerals Industry, 2016 (Charter) was published and became effective on 15 June 2017. Whilst mining companies will surely wait with bated breath for the outcome of the anticipated legal challenges to the Charter by the Chamber of Mines, they will also need to start considering what it means for their legal and corporate structures if the challenges are unsuccessful.

Investor sentiment of the revised Mining Charter 2017 at breaking-point
20 June 2017 Mining & Minerals

Investor sentiment of the revised Mining Charter 2017 at breaking-point

The South African government faces a real risk of being challenged in court and in the extreme case in international investment tribunals for potential breaches of the guarantees under applicable bilateral investment treaties (BITs) and/or multilateral investment treaties based on certain of the provisions of the Reviewed Broad Based Socio Economic Empowerment Charter for the South African Mining and Minerals Industry, 2016 (Revised Mining Charter 2017).

Interesting judgment on interest
19 June 2017 Employment

Interesting judgment on interest

If you were ever unclear about what effect substitution of an arbitration award has on interest payable on compensation awarded in terms of an arbitration award, the Labour Court in the recent Judgment of Khwaile Rufus Malatji V Minister of Home Affairs (JR 2326-06) [2017] sheds some light.

What was the true reason for the dismissal?
19 June 2017 Employment

What was the true reason for the dismissal?

In the recent case of Willem Hendrik du Plessis v AMIC Trading (Pty) Ltd t/a Toys’ R Us (JS230/15) [2017] ZALCJHB 196 (23 May 2017), the employee referred a matter to the Labour Court seeking an order declaring his dismissal by AMIC Trading (Pty) Ltd (the employer) automatically unfair in terms of s187(1)(g) of the Labour Relations Act, No 66 of 1995 (LRA).

Mining Charter 3 – Ultimate blast to already shaken industry?
15 June 2017 Mining & Minerals

Mining Charter 3 – Ultimate blast to already shaken industry?

The Minister of Mineral Resources this morning revealed the Reviewed Broad Based Black-Economic Empowerment Charter for the South African Mining and Minerals Industry, 2016 (“Mining Charter 3”) amidst considerable uproar, with industry stakeholders expressing major concerns.

Loading...

The parity principle
7 February 2008 Employment

The parity principle

Our law requires that employees who have committed acts of misconduct that are similar in nature should not be treated differently.

What is true reinstatement?
5 February 2008 Employment

What is true reinstatement?

We are again faced with an unintended consequence as a result of the manner in which the various dispute resolution fora have interpreted and applied legislation.

Loading...

Loading...

Employment tax incentives
10 March 2016 Tax & Exchange Control

Employment tax incentives

Nicole Paulsen, associate in the Tax and Exchange Control practice speaks about employment tax incentives and how it expires.