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Reviewing the Real Estate Investment Trust tax regime
15 March 2019 Tax & Exchange Control

Reviewing the Real Estate Investment Trust tax regime

Finance Minister Tito Mboweni delivered the 2019 Budget Speech (Budget) on 20 February 2019, which contained, amongst the various tax proposals, further clarification as to tax policy and technical and administrative adjustments set out in Annexure C of the Full Budget Review (Annexure C).

Where does the South African mining sector rank as a global investment destination? A brief review of the Fraser Institute’s 2018 survey of mining companies
13 March 2019 Mining & Minerals

Where does the South African mining sector rank as a global investment destination? A brief review of the Fraser Institute’s 2018 survey of mining companies

On an annual basis, the Fraser Institute conducts a survey of mining and exploration companies in jurisdictions throughout the world. Its purpose is to evaluate how factors such as mineral potential and public policy may affect the attractiveness of a jurisdiction as a mining investment destination. As part of the 2018 survey, 83 jurisdictions were evaluated.

NEMLA IV proposes further changes to environmental laws
13 March 2019 Environmental

NEMLA IV proposes further changes to environmental laws

The National Environmental Management Laws Amendment Bill [B14D-2017] (NEMLA IV) was passed by the National Assembly on 27 November 2018 and was submitted to the National Council of Provinces (NCOP) for concurrence. Last month, the NCOP’s Select Committee on Land and Mineral Resources invited comments on the latest version of NEMLA IV and these comments are being processed. If approved by the NCOP, the Bill will be sent for assent and signed into law.

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Is arbitrariness a sufficient ground to establish unfair discrimination in wage differentiation disputes in terms of s6(1) of the EEA?
4 March 2019 Employment

Is arbitrariness a sufficient ground to establish unfair discrimination in wage differentiation disputes in terms of s6(1) of the EEA?

In Naidoo and Others v Parliament of the Republic of South Africa [2018] ZALCCT 38, 69 employees who form part of the Parliamentary Protection Services (PPS) took Parliament to the Labour Court (LC) for allegedly discriminating against them unfairly on an arbitrary ground as contemplated by s6(1) of the Employment Equity Act, No 55 of 1998 as amended (EEA).

Corporate investigations: The obligation to report suspicious transactions in terms of section 29 of The Financial Intelligence Centre Act, no 38 of 2001
27 February 2019 Dispute Resolution

Corporate investigations: The obligation to report suspicious transactions in terms of section 29 of The Financial Intelligence Centre Act, no 38 of 2001

South Africa’s rate of reported economic crime is approximately 28% higher than the global average and is at its highest level in the last decade, according to PWC’s Global Economic Crime and Fraud Survey 2018. Suspicious activity monitoring was identified in this survey as a leading corporate control in the detection of economic crime within organisations.

Strict liability: Dog owners (and insurers) beware!
27 February 2019 Dispute Resolution

Strict liability: Dog owners (and insurers) beware!

The prevalence of crime in South Africa prompts many home owners to have vicious dogs in the hope of safeguarding their property and deterring burglars. However, dog owners and their insurers should be wary of attracting liability under the actio de pauperie (the actio) for harm caused by domesticated animals. Under this actio, a victim of a dog bite can claim damages from a dog owner without having to prove fault.

Back to basics – locus standi in litigation
27 February 2019 Dispute Resolution

Back to basics – locus standi in litigation

Locus standi in iudicio concerns “the sufficiency and directness of a litigant’s interest in proceedings which warrants his or her title to prosecute the claim asserted”, and should be one of the first things to establish in a litigation matter.

Section 164 Companies Act: A guide for navigating the treacherous terrain of s164 in the era of shareholder activism and opportunism
25 February 2019 Corporate & Commercial

Section 164 Companies Act: A guide for navigating the treacherous terrain of s164 in the era of shareholder activism and opportunism

It’s no secret that 2018 was a difficult year for investors on the JSE. The JSE All-Share Index lost around 15% of its value during 2018, cementing the worst five-year period for the JSE in 50 years. Even some of the “blue-chips” of the market, which traditionally could be relied upon in preserving capital, were among the notable losers in 2018, with some shedding more than 50% of their market capitalisation.

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Issues women face in the workplace
23 August 2016 Employment

Issues women face in the workplace

CDH director in the Employment practice, Samiksha Singh discuss issues women face in the workplace, such as gender pay gap, being seen as an inferior gender and other obstacles.

Employment Equity Legislation
11 August 2016 Employment

Employment Equity Legislation

Hugo Pienaar, director in the Employment practice at CDH speaks to Ian Wessels and Igan Klynsmith about the employment equity legislation.

Employment Equity Act
11 August 2016 Employment

Employment Equity Act

Professor Hugo Pienaar, Director at CDH and former student at NWU talks about the Employment Equity Act.