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What do we mean by
24 October 2018 Dispute Resolution

What do we mean by "qualifying investor" for investment protection?

In this instalment, Director Jackwell Feris discusses the concept of "qualifying investor" for purpose of deriving protection for an investment made by a national of one contracting state in the territory of another contracting state to an investment treaty or under certain instances the foreign investment laws of a host state.

What do we mean by
24 October 2018 Dispute Resolution

What do we mean by "qualifying investor" for investment protection?

In this instalment, Jackwell Feris discusses the concept of "qualifying investor" for purpose of deriving protection for an investment made by a national of one contracting state in the territory of another contracting state to an investment treaty or under certain instances the foreign investment laws of a host state.

Division of shares in a company on divorce: Lessons learned from De Sousa v Technology Corporate Management (Pty) Ltd
22 October 2018 Corporate & Commercial

Division of shares in a company on divorce: Lessons learned from De Sousa v Technology Corporate Management (Pty) Ltd

Like many cases involving companies, multiple shareholders and divorce proceedings, this case spawned a plethora of litigation. What is ultimately relevant for present purposes is the judgment of the Gauteng Local Division (per Meyer J) as regards the following issue: can an ex-spouse, who was married in community of property, become the owner of 50% (or the co-owner of 100%) of shares registered in the name of the other ex-spouse and, vis-à-vis the company, be entitled to be registered as shareholder or co-owner of such shares and to payment of dividends attaching to the shares?

Black Economic Empowerment: The “Yes Initiative”, introduced
22 October 2018 Black Economic Empowerment (BEE)

Black Economic Empowerment: The “Yes Initiative”, introduced

Earlier this year, the Minister of Trade and Industry published proposed changes to the Codes of Good Practice on Broad-Based Black Economic Empowerment of 2013 (Codes) for the introduction of the Youth Employment Service Initiative (YES Initiative), a business-driven initiative in partnership with government and labour aimed at job creation for black youth between the ages 18 and 35, as a measurable target in the Codes.

What costs can taxpayers deduct in pursuance of installing solar energy systems?
19 October 2018 Tax & Exchange Control

What costs can taxpayers deduct in pursuance of installing solar energy systems?

It is beyond doubt that South Africa enjoys sunshine more than most places on earth. The South African Department of Energy (DoE) states on its website that the majority of regions in South Africa average more than 2,500 hours of sunshine per year, and average solar-radiation levels range between 4.5 and 6.5kWh/m2 in one day.

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No capital gains tax? Ruling on the disposal of property by a PBO
5 October 2018 Tax & Exchange Control

No capital gains tax? Ruling on the disposal of property by a PBO

On 31 August 2018, SARS published Binding Private Ruling 309 (BPR 309), which deals with the disposal of an asset by a public benefit organisation (PBO). Specifically, the ruling dealt with the application of the definition of “gross income” in s1 of the Income Tax Act, No 58 of 1962 (Act) and the capital gains tax exemption in paragraph 63A of the Eighth Schedule to the Act.

Global anti-corruption: South Africa fails to make the grade on OECD standards
3 October 2018 Dispute Resolution

Global anti-corruption: South Africa fails to make the grade on OECD standards

On 12 September 2018, Transparency International published its 12th annual report on enforcement of the OECD Convention on Combating Bribery of Foreign Public Officials. The report, titled Exporting Corruption, labelled South Africa as a country with ‘limited enforcement’ of foreign bribery – a country where foreign bribery goes largely unchecked and whose OECD obligations remain unfulfilled.

A tender to pay does not constitute performance but...
3 October 2018 Dispute Resolution

A tender to pay does not constitute performance but...

In letters of demand, claimants normally call for specific performance failing which the agreement will be cancelled. Issues arise where the liability is admitted but the extent of such liability is disputed. In other words, what is the validity and legal effect of a tender to pay in lieu of actual payment in a contractual setting?

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Ensure your agents are compliant
31 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.

Labour Appeal Court finds against Amcu in long-running labour battle, but this is unlikely to be the last word on the matter
5 April 2016 Employment

Labour Appeal Court finds against Amcu in long-running labour battle, but this is unlikely to be the last word on the matter

An important decision by the Labour Appeal Court was made just last week to finally determine the long-running dispute between the Association of Mineworkers and Construction Union (Amcu), the Chamber of Mines and major gold producers. In finding against the appellant Amcu, the court supported the primacy of majority unions who engage in collective bargaining at the workplace.

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The Sun International CEO Sleepout
19 July 2016

The Sun International CEO Sleepout

Gasant Orrie, Cape Managing Partner, shares CDH's involvement in the Sun International CEO Sleepout initiative and challenges other corporates in the industry to partake in the project.

Retrenchment processes by employers
2 June 2016 Employment

Retrenchment processes by employers

Aadil Patel, director and national practice head for the Employment practice talks about ways for companies to retrench and cut costs within the right side of the law.

Employee behaviour on social media
16 May 2016 Employment

Employee behaviour on social media

Samiksha Singh, a Partner in the Employment practice at Cliffe Dekker Hofmeyr (CDH) provides critical insights into the employer-employee relationship; and how an employee's improper behaviour on-line may result in their employer taking action against them. Samiksha, a social media legal expert, provides a stimulating and current insight into this rapidly changing landscape and how both employers and employees need to proceed to avoid costly pitfalls.

Signing of  the tax legislation into law
16 May 2016 Tax & Exchange Control

Signing of the tax legislation into law

The Congress of South African Trade Unions (Cosatu) has criticised Jacob Zuma for signing the controversial tax legislation into law. Cosatu has threatened that this approach by government will complicate the campaign for upcoming local government elections. Interviewed is Cosatu National spokesperson, Mr Sizwe Pamla. Ruaan van Eeden, director in the Tax and Exchange Control practice, gives further perspective on this issue.