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Splitting hairs… VAT Case 1558
7 June 2019 Tax & Exchange Control

Splitting hairs… VAT Case 1558

Suppliers often make single supplies of goods or services to their customers which comprise of various component parts such as, for example, various goods purchased in a supermarket, some of which are subject to VAT at the standard rate and some of which are zero rated. Other examples include tour operators who charge a single fee for a tour package which may comprise of standard rated accommodation and zero-rated international travel, or an insurer who charges a single premium for providing insurance cover for assets located in South Africa and offshore.

A cautionary tale of the man who cried “admin action”
5 June 2019 Dispute Resolution

A cautionary tale of the man who cried “admin action”

On 17 May 2019, the Supreme Court of Appeal (SCA) delivered its judgment in the case of Motala v The Master of the North Gauteng High Court, Pretoria (92/2018) [2019] ZASCA 60 (17 May 2019). The matter concerned an administrative review application of the Master’s decisions to remove Mr Motala as the joint provisional liquidator of seven companies forming the Pamodzi Group, as well as her decision to remove him from the panel of liquidators. The review application was dismissed in the Pretoria High Court and the matter was taken on appeal to the SCA.

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Deathly negligence and jail time for doctors, engineers and directors
15 May 2019 Dispute Resolution

Deathly negligence and jail time for doctors, engineers and directors

A gynaecologist, practising in Witbank, recently received a five-year direct imprisonment sentence for negligently causing the death of a woman in labour. The sentence may seem too harsh for a first offender but the conviction was based on multiple counts of negligence committed by the doctor and not one act alone. A medical practitioner is expected to exercise the degree of skill and care of a reasonably skilled practitioner in their field. When the court decides reasonableness, it will have regard to the general level of skill and diligence possessed and exercised by members of that branch of the profession.

The pursuit of certainty, in good faith
15 May 2019 Corporate & Commercial

The pursuit of certainty, in good faith

In Trustees for the time being of the Oregon Trust (Oregon Trust) v BEADICA 231 CC and Others (74/2018) [2019] ZASCA 29 (28 March 2019) (Oregon Trust Case), the Supreme Court of Appeal (SCA) again grappled with the competing concepts of fairness, reasonableness and good faith (Good Faith) on the one hand and legal certainty on the other. Good Faith as a value playing a role in our law is well established, however, the interpretation and limitation of the application of Good Faith has a somewhat inconsistent history.

Sectional Title Owners – is common property yours to fight for?
13 May 2019 Real Estate

Sectional Title Owners – is common property yours to fight for?

Can individual owners of units in sectional title schemes institute proceedings in respect of activities occurring on common property within a sectional title scheme? In Spilhaus Property Holdings (Pty) Limited and Others v MTN and Another [2019] ZACC 16, the Constitutional Court questions whether the Sectional Titles Act, No 95 of 1986 (STA) deprives an owner in a sectional title scheme of the legal standing to enforce its rights in respect of a zoning scheme regulation where such breach of the zoning scheme regulation occurs on the common property.

Slamming the door on the indecisive
13 May 2019 Employment

Slamming the door on the indecisive

The protracted dispute between Karin Steenkamp and 1817 Others and Edcon Limited was brought before the Constitutional Court for a second time, but with a different legal basis. This turbulent matter concerned a mass retrenchment whereby approximately 3,000 employees where dismissed between 2013 and 2015.

Investing abroad? The foreign investment allowance is at your disposal
10 May 2019 Tax & Exchange Control

Investing abroad? The foreign investment allowance is at your disposal

It is common nowadays for South African persons to diversify their investment portfolio and to invest in foreign jurisdictions. When doing so, South African residents must ensure that they transfer funds abroad in a manner that complies with South Africa’s exchange control rules. In our Tax & Exchange Control Alert of 6 October 2017, we explained how South African resident individuals can make use of their annual single discretionary allowance (SDA) of R1 million, to transfer and take funds abroad without the prior approval of the South African Reserve Bank (SARB) and without first having to obtain a tax clearance certificate.

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Best Lawyers 2016 in South Africa
21 October 2015

Best Lawyers 2016 in South Africa

The seventh edition of Best Lawyers in South Africa has been released and Cliffe Dekker Hofmeyr’s (CDH) 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.

Uber: Convenience vs controversy
6 October 2015 Insurance Law

Uber: Convenience vs controversy

Members of public are increasingly making use of the convenient service offered by Uber. While this is undeniably an essential service, questions arise as to its legitimacy and whether this service is not already on offer by existing legitimate transportation services. The latter consideration sparked conflict between Uber service providers and the metered taxi industry and the issue was also recently debated in National Parliament.

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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Background to the BEE codes
1 November 2016 Corporate & Commercial

Background to the BEE codes

Veruscha Pillay, Director in our Corporate and Commercial practice talks about broad based black economic empowerment with relation to inclusive growth in black business ownership.