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Victory for brothers in a long battle for citizenship
1 April 2019 Pro Bono & Human Rights

Victory for brothers in a long battle for citizenship

A precedent setting judgment was recently handed down on 15 March 2019 by the High Court of South Africa, Gauteng Division, Pretoria in the matter of Joseph Emmanuel Jose & Another v The Minister of Home Affairs & Others Case No: 38981/17 (Jose matter).

Quid pro quo in a strike context
1 April 2019 Employment

Quid pro quo in a strike context

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.

Further amendments to the VAT electronic services regulations
29 March 2019 Tax & Exchange Control

Further amendments to the VAT electronic services regulations

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.

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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.

Pull your weight, but only in moderation - the exercise of weighted voting power by developers of sectional title schemes
12 March 2019 Real Estate

Pull your weight, but only in moderation - the exercise of weighted voting power by developers of sectional title schemes

In the recent case of Wilhelm Schreck Croucamp and Others v Hazeldean Retreat Partnership and Others, the High Court considered the lawfulness of the exercise by the developer of a sectional title retirement estate of its weighted voting power in the passing of a resolution to reappoint a particular healthcare provider in terms of a service provision agreement for the purposes of providing frail care services to the residents of the development.

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Cliffe Dekker Hofmeyr intends to approach the Labour Court regarding ruling on the deeming provision
3 July 2015 Employment

Cliffe Dekker Hofmeyr intends to approach the Labour Court regarding ruling on the deeming provision

Cliffe Dekker Hofmeyr's employment lawyers will approach the South African Labour Court to review a decision made by the National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI) on the 26th of June 2015. The decision concerns the two approaches taken when determining the employment relationship of employees of Temporary Employment Services.

Burglar bars for data
2 July 2015 Technology, Media & Telecommunications

Burglar bars for data

Cyber-espionage is on the rise, with increasing amounts of state secrets and intellectual property being stolen by hackers. Cyber-criminals are phishing banking details and are able to empty bank accounts. As a result of these cyber-security breaches, personal information can be intercepted and shared without consent.

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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.

Tax Law Amendment Act
16 May 2016 Tax & Exchange Control

Tax Law Amendment Act

The ministry of finance says that the 2015 Tax Law Amendment Act provisions relating to retirement will come into force on 1 March 2016, however the annuitization requirement for provident fund will be postponed to the 1 March 2018 but some tax experts are concerned that the delays will hit consumers in the long term. Ruaan van Eeden, director in the Tax and Exchange Control practice explains the implications of this latest development.