Get insight into the most recent legal developments across key industry sectors.
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It is no secret that the intensified load shedding has had a devastating economic effect on many companies. Without electricity, many businesses cannot function, and in those instances, employees are unable to work.
In National Union of Mineworkers obo Members v Cullinan Diamond Mine A Division of Petra Diamond (Pty) Ltd (JS102/14) [2019] (handed down 1 March 2019) the Labour Court dealt with a referral in terms of s10(6)(a) of the Employment Equity Act, No 55 of 1998 (EEA) read with s10(4) of the Labour Relations Act, No 66 of 1995 (LRA). The applicant alleged that by paying a bonus to non-striking employees, the respondent has unfairly discriminated against the striking employees. Further, the applicant alleged that such conduct offends the provisions of s5 of the LRA.
Herewith below selected highlights in the Customs & Excise environment since our last instalment.
Revised regulations to prescribe and clarify the electronic services (e-services) supplied by foreign suppliers to South African consumers which are subject to VAT were proposed in 2018, which significantly broadened the scope of ‘e-services’. The Minister of Finance, in the 2019 Budget Review then announced that further amendments would be made to the e-services regulations to address certain oversights.
A vexatious litigant is a person who persistently initiates legal action for the purposes of harassing or subduing an adversary. Unfortunately, the victims of these vexatious litigants cannot simply ignore the frivolous legal proceedings instituted and are forced to respond in accordance with the rules of court regardless of how ridiculous the claims may be.
In many, if not all, commercial transactions, timing is everything, either for a distressed seller or a purchaser stumbling upon a deal that may almost be too good to be true. There is often no time to waste and a deal must be closed as soon as possible. In the haste of closing a deal, whether in the form of a sale of business or a sale of assets, the parties often agree not to comply with the provisions of s34(1) of the Insolvency Act, No 24 of 1936 (Act), each willing to take the risk in not doing so.
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On 21 February 2019, the City of Johannesburg Metropolitan Municipality (COJ) approved the new policy, Inclusionary Housing: Incentives, Regulations and Mechanisms (Policy), which will come into effect on 22 May 2019. This follows a much less detailed Draft Policy which was published for public comment on 28 February 2018 and thereafter further developed and amended to form the Policy.
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).
This is a public disclosure to stakeholders on the progress we have made in implementing the principles of the UN Global Compact, and in supporting broader UN development goals.
An Anton Piller order is an extremely powerful order and exceptional form of injunctive relief. The order allows for the search of premises for vital documents and/or material set out in the order and the removal of such documents to be placed in safekeeping pending the normal discovery process and trial.
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.
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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The National Schools' Moot Court Competition (the Competition) is a nation-wide high school level moot court competition aimed at building awareness amongst learners about the Constitution, providing them with exposure to the legal profession and facilitating access to legal education. It is a joint initiative of the University of Pretoria, the Department of Basic Education, the Department of Justice and Correctional Services and the Foundation for Human Rights.
South Africa has walked into a veritable social media storm in the early parts of the year, with employers increasingly being placed in the difficult position of having to decide whether or not to take action against employees for their behaviour online.
Cliffe Dekker Hofmeyr (CDH) has been named South Africa’s number one large law firm in the prestigious PMR Africa client research report for the sixth year in a row.
Cliffe Dekker Hofmeyr's (CDH) Mergers and Acquisition (M&A) team achieved first place by deal value for South African firms and 12th place internationally in the latest Mergermarket M&A Africa & Middle East 2015 Global League Tables. The team increased its deal value to $18.8 billion from $9.2 billion in 2014.
Cliffe Dekker Hofmeyr (CDH) business law firm in South Africa has made eight partner appointments to its finance and banking, employment and tax practices within the last month.
The seventh edition of Best Lawyers in South Africa has been released and Cliffe Dekker Hofmeyr’s lawyers have once again featured prominently on the list. Most notably, David Thompson is the Best Lawyers’ 2015 Cape Town Mergers & Acquisitions Lawyer of the Year and Peter Hesseling is Best Lawyers’ 2015 Cape Town Corporate Lawyer of the Year.
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Reactions to today`s budget has been mostly mixed. To talk more on this is Emil Brincker, Director and National Tax Practice Head.
Allan Reid, Sector Head of Mining and Minerals elaborates about the 10th anniversary of the mining charter.
Massmart has launched a complaint with the Competition Commission targeting Pick n Pay, Spar and Shoprite in a bid to end lease exclusivity clauses. Chris Charter, Head of our Competition practice comments.
There is a lot of interest in the liquidation of various assets that are owned by former ANCYL leader Julias Malema. Guests in studio are Marc Ashton, Editor of Finweek, Vincent Tadden Lending Product House at FNB Wealth and Julian Jones, National Head of the Business Rescue, Restructuring and Insolvency Sector.
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CDH director and head of the Tax and Exchange Control practice, Emil Brincker, discusses issues around tax evasion and the outlook for tax collection.
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.
Hugo Pienaar, director in the Employment practice talks about the purpose of the Employment Equity Act.
Quintin Honey, director in the Corporate and Commercial practice talks about the top M&A advisors and top general finance advisors.
Hugo Pienaar, director in the Employment practice at CDH speaks to Ian Wessels and Igan Klynsmith about the employment equity legislation.
Professor Hugo Pienaar, Director at CDH and former student at NWU talks about the Employment Equity Act.
