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High Court litigation against SARS: Changes coming?
19 September 2019 Tax & Exchange Control

High Court litigation against SARS: Changes coming?

On 17 September 2019, the South African Revenue Service (SARS) released a Media Statement regarding the steps that SARS has taken in implementing the Nugent Commission (Commission) recommendations (Media Statement).

Rescission of judgments taken against you without your knowledge
19 September 2019 Dispute Resolution

Rescission of judgments taken against you without your knowledge

Zanele Ngakane, Senior Associate in the Dispute Resolution practice, features on YFM's 'The Shakedown' to discuss rescission of judgments taken against you without your knowledge. Tune in to 'The Shakedown' every Tuesday between 1pm and 2pm to catch LawyeredUp, a weekly feature where Zanele talks through various legal issues.

Things to know about lying on your CV
18 September 2019 Employment

Things to know about lying on your CV

Bheki Nhlapo, Associate in the Employment practice joins the Business Unusual Show on Newzroom Afrika. He discusses the National Qualifications Framework Amendment Act, CV misrepresentation and its implications.

No good deed goes unpunished
18 September 2019 Dispute Resolution

No good deed goes unpunished

There is much to be said for the phrase that “no good deed goes unpunished”. The issue of whether certain agreements were defined as credit agreements in terms of s8(5) of the National Credit Act, No 34 of 2005 (NCA) arose in the case of Jacobs v De Klerk and Another [2019] JOL 45014 (FB).

How not to resolve a conflict of interests where the entire board of directors is conflicted
18 September 2019 Corporate & Commercial

How not to resolve a conflict of interests where the entire board of directors is conflicted

A persistent problem with the practical application of s75 of the Companies Act, No 71 of 2008 (Companies Act) relates to the conflicts of interest of common directors in the context of intra-group transactions. The objective of this article is not to cover any new ground with respect to s75, but rather to critique the argument that s75(2)(a)(i)(ii) excludes the application of s75 in such cases.

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Binding Private Ruling: Roll-over relief can also apply to transactions involving non-resident companies
5 September 2019 Tax & Exchange Control

Binding Private Ruling: Roll-over relief can also apply to transactions involving non-resident companies

The Income Tax Act, No 58 of 1962 (Act) provides for roll-over relief in respect of any capital gains that would normally be realised pursuant to the disposal of an asset, provided the requirements of the relevant roll-over relief provision in the Act are met. For example, in terms of s47 of the Act, transactions relating to the liquidation and winding-up of companies, can qualify for roll-over relief so that the capital gains liability that may arise in the normal course of the transaction will be deferred and no capital gains tax (CGT) will be payable at the time that the transaction in concluded.

Empowering women through law
4 September 2019 Pro Bono & Human Rights

Empowering women through law

On 24 August, CDH’s Pro Bono & Human Rights Practice (the Practice) was invited to participate in the Daily Voice’s Annual Diamonds and Divas Women’s Month event held at the GrandWest Market Hall. Aside from entertainment, glamour and an all-round celebration of the strength, resilience and incredible power of women, this ladies-only event focused on women empowering themselves and each other financially, legally and otherwise through cooperation, support and the sharing of knowledge. More than that, it was about starting and maintaining a necessary conversation about empowerment.

Will the country evaluation by the financial action task force recognise the South African judiciary’s contribution regarding effectiveness?
4 September 2019 Dispute Resolution

Will the country evaluation by the financial action task force recognise the South African judiciary’s contribution regarding effectiveness?

On 21 August the Gauteng Division of the High Court handed down a judgment setting aside the findings of the Arms Procurement Commission, chaired in 2015 by Justice W. Seriti. This ground-breaking judgment sets South African precedent regarding the powers of a court to review the findings of a judicial commission of inquiry. Importantly, it also redefines the role, function and obligations of a commissioner tasked with uncovering the truth.

Investor’s Remorse: Can you take action against your investment broker for a failed investment?
4 September 2019 Dispute Resolution

Investor’s Remorse: Can you take action against your investment broker for a failed investment?

You’ve had a successful career. In fact, you’ve worked hard enough to set yourself up for an early retirement. A trusted investment broker approaches you with an attractive investment opportunity. You decide to go for it, making a substantial investment, hoping to add to your wealth. Not only do you fail to make a profit, you lose your entire investment. In your mind, the blame lies squarely with the investment broker’s advice. Can you claim damages from him? The High Court of Kwa-Zulu Natal dealt with this question in the case of Symons NO and Another v Rob Roy Investments CC t/a Assetsure 2019 (4) SA 112 (KZP).

Disruptive technology and its impact on the M&A landscape
4 September 2019 Corporate & Commercial

Disruptive technology and its impact on the M&A landscape

If a decade ago someone had told you that you’d be comfortable sharing your location with a stranger, hop into that stranger’s car and trust them to take you where you wanted to go, you would’ve probably scoffed. Fast-forward to present day and most of us use Uber without any qualms. The taxi and rental-car markets aren’t the only industries that have gone undergone an overhaul. Disruptive technologies such as artificial intelligence, augmented and virtual reality, blockchain, and 3D printing are rapidly changing our economy and the status quo, forcing companies to change their business approach for fear of losing their market share or becoming irrelevant.

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Women in the workplace need flexibility and engagement
12 August 2015 Competition

Women in the workplace need flexibility and engagement

The work life balance does not exist and life is a juggling act. However, flexibility can make the juggling easier and it is this flexibility, alongside an open dialogue, that is proving invaluable for career women who also want to be there for their families.

Our new journey as we close the chapter on our formal alliance with dla piper
7 August 2015

Our new journey as we close the chapter on our formal alliance with dla piper

After a very successful partnership with DLA Piper over many years, Cliffe Dekker Hofmeyr's partners have decided against a fuller integration with DLA Piper. Both CDH and DLA Piper have therefore concluded that their respective interests and strategies, internationally and on the African continent, are best delivered separately and so our formal alliance comes to an end on 31 August 2015.

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Nicholas Preston comments on Shakes Mashaba and Isegund Gordan having a contract at the same time.
6 August 2014 Employment

Nicholas Preston comments on Shakes Mashaba and Isegund Gordan having a contract at the same time.

Newly appointed Bafana Bafana coach Shakes Mashaba arrives back in South Africa after a tour of Mali as the official coach of the senior national team. Isegund Gordan’s contract with SAFA runs until the end of the month, but a employment lawyer says this is perfectly legal that both men can be contracted for the same position at the same time. Director, Nicholas Preston gives comment.

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3 October 2017 Dispute Resolution

"Unruly parents can get their kids expelled"

"Unruly parents can get their kids expelled" - National Practice Head for Dispute Resolution Tim Fletcher, together with Associate Fiorella Noriega Del Valle unpacked this highly topical issue.