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A sporting decision: SARS issues ruling regarding a conversion by way of an amalgamation transaction
18 July 2019 Tax & Exchange Control

A sporting decision: SARS issues ruling regarding a conversion by way of an amalgamation transaction

On 6 June 2019, the South African Revenue Service (SARS) published Binding Private Ruling 320 (BPR 320), which deals with the income tax, value-added tax (VAT), transfer duty and securities transfer tax (STT) consequences, where an unincorporated universitas is converted to a newly formed private company. BPR 320 also deals with matters related to the conversion.

The price is right – a confusing end to a costly saga
17 July 2019 Competition

The price is right – a confusing end to a costly saga

The Constitutional Court (ConCourt) has dismissed the Competition Commission’s (Commission) appeal in the long running Media24 case dealing with predatory pricing (Competition Commission of South Africa v Media 24 (Pty) Limited (CCT90/18) [2019] ZACC 26 (3 July 2019).

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“Airbnb” Bill – what you need to know
24 June 2019 Real Estate

“Airbnb” Bill – what you need to know

The Department of Tourism has extended the deadline for comments on the so-called “Airbnb Bill”, formally the Draft Tourism Amendment Bill, to 15 July 2019. This follows months of speculation on whether the Bill may restrict and regulate short-term rentals, popularised by the likes of Airbnb, in South Africa.

Amendments to the B-BBEE Codes
24 June 2019 Black Economic Empowerment (BEE)

Amendments to the B-BBEE Codes

After nearly a year since the DTI proposed changes to certain aspects of the B-BBEE Codes, the final changes were published in the Government Gazette on 31 May 2019. These changes must be implemented within six (6) months from the date of publication. The changes are largely similar to those that had been proposed but also contain some positive differences.

Applications for new positions during a retrenchment – selection criteria or a measure to avoid retrenchment?
24 June 2019 Employment

Applications for new positions during a retrenchment – selection criteria or a measure to avoid retrenchment?

The latest case in determining fair and objective methods of selecting employees for dismissal during a retrenchment process has struck fear in the hearts of employers who plan on embarking on retrenchment processes. In Mweli and Nakedi v MTN Group Management Services (Pty) Ltd, the respondent dismissed two applicants following a restructuring process of its Group Business Risk Management division.

SARS issues binding class ruling regarding unbundling transaction
21 June 2019 Tax & Exchange Control

SARS issues binding class ruling regarding unbundling transaction

Section 46 of the Income Tax Act, No 58 of 1962 (Act) provides tax relief where a company (Unbundling Co) wishes to unbundle its shareholding in a subsidiary (Unbundled Co), to the company’s own shareholders. The Unbundling Co’s shareholders’ indirect shareholding in the Unbundled Co is converted to a direct shareholding, in proportion to their shareholding in the Unbundling Co.

When are the winds of change justified? Determining dismissals where employees refuse an employer's proposal
20 June 2019 Employment

When are the winds of change justified? Determining dismissals where employees refuse an employer's proposal

With the recent amendments to the Labour Relations Act, No. 66 of 1995 (LRA) there has been much anticipation as to how the application of the newly amended sections would ultimately be interpreted and implemented by the courts. In the case of National Union of Metalworkers of South Africa (NUMSA) obo members and Aveng Trident Steel (A division of Aveng Africa (Pty) Ltd) (2019) (Aveng) the courts were tasked with determining the application of the amended provision of s187(1)(c) of the LRA, setting precedential headway on whether an organisational restructure, culminating in amendments to terms and conditions of employment, will always be automatically unfair if dismissals ultimately ensue.

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South Africa gets the green light for its restrictive covenant legislation
13 May 2015 Employment

South Africa gets the green light for its restrictive covenant legislation

DLA Piper’s Employment group has produced a global employment law Guide entitled, A Global Guide to Restrictive Covenants, which highlights the legal provisions of restrictive covenants in 33 key jurisdictions across the Americas, Asia Pacific, Europe, the Middle East and Africa. South African business law firm Cliffe Dekker Hofmeyr contributed the South African chapter to this Guide.

Cliffe Dekker Hofmeyr condemns acts of xenophobia
23 April 2015

Cliffe Dekker Hofmeyr condemns acts of xenophobia

With various initiatives underway among civil society to demonstrate and give real support to those affected and displaced by xenophobia in South Africa, Cliffe Dekker Hofmeyr business law firm has said its employees will take part in the Corporate Walk and Gathering, under the auspices of the People’s Coalition Against Xenophobia, in Sandton Central Park on Friday 24 April.

New oil and gas team for Cliffe Dekker Hofmeyr South Africa
23 April 2015 Projects & Energy

New oil and gas team for Cliffe Dekker Hofmeyr South Africa

Cliffe Dekker Hofmeyr business law firm in South Africa has announced the appointment of a new oil and gas legal team, comprising director Megan Rodgers, associates Craig Wilton and Giovanni Cloete, and personal assistant Theresa Barreto.

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SANRAL vs. The City of Cape Town
14 October 2016 Dispute Resolution

SANRAL vs. The City of Cape Town

Pieter Conradie, Executive Consultant in the Dispute Resolution practice, discusses the latest judgement in the Supreme Court of appeal in the matter of SANRAL vs. the City of Cape Town.

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.