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Surety by a spouse married in community of property –  Do I have to consent?
29 May 2019 Dispute Resolution

Surety by a spouse married in community of property – Do I have to consent?

Under the Roman Dutch common law, marriages were ordinarily in community of property and the husband was vested with the marital power. This caused the husband to deal with all the assets of the joint estate to the exclusion and without the consent of his wife. The marital power of a husband was abolished by the Matrimonial Property Act, No 88 of 1984 (Matrimonial Act

B-BBEE Ownership Points under Statement 102 (Sale of Assets, Equity Instruments and Other Businesses)
29 May 2019 Corporate & Commercial

B-BBEE Ownership Points under Statement 102 (Sale of Assets, Equity Instruments and Other Businesses)

The traditional manner in which measured entities acquire points in respect of the ownership element of their Broad-Based Black Economic Empowerment (B-BBEE) scorecard is by entering into ownership transactions which result in Black people acquiring either direct or indirect interests in such measured entities. Such ownership transactions can be structured in different ways, but typically, where the measured entity is a company, it involves some form a sale of shares to Black people or an entity through which Black people will indirectly hold their shares.

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Timing of tax on gift cards
26 April 2019 Tax & Exchange Control

Timing of tax on gift cards

The timing of income tax in relation to retailer gift cards was recently an issue in the interesting case in the Cape Town Tax Court, case number IT 24510, reported as A Company v The Commissioner for the South African Revenue Service (IT 24510) [ZATC] 1 (17 April 2019).

Preference share funding and the potential application of paragraph 43A of the Eighth Schedule of the Income Tax Act
24 April 2019 Corporate & Commercial

Preference share funding and the potential application of paragraph 43A of the Eighth Schedule of the Income Tax Act

In a preference share funding transaction, the funder subscribes for preference shares in the share capital of a company. In contrast to a loan where interest on a debt facility is taxable in the hands of the lender, the dividends received by the holder of the preference shares are generally exempt from income tax. This tax benefit is, in turn, advantageous to the company as the funder can charge the company a lower funding rate than would otherwise have been charged had the funding been advanced in the form of a loan.

The politics of defamation
17 April 2019 Dispute Resolution

The politics of defamation

The events that unfolded in the case of Herman Mashaba v Parks Tau and others [case number 38409/2016] in the judgment delivered on 8 February 2019, took place prior to the previous local elections when Herman Mashaba ousted Parks Tau as the Mayor of Johannesburg.

Unusual or suspicious transactions: What are the reporting obligations of Registered Auditors?
17 April 2019 Dispute Resolution

Unusual or suspicious transactions: What are the reporting obligations of Registered Auditors?

The proverbial “who will guard the guards?” comes to mind when one talks about the auditing profession. Section 45(1) of the Auditing Profession Act, 2005 (APA) provides an answer to that question by imposing an obligation upon a registered auditor of an entity who knows or has reason to believe that a reportable irregularity has occurred or is occurring in that entity to report it to the regulator, the Independent Regulatory Board for Auditors (IRBA), without delay.

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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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The Sun International CEO Sleepout
19 July 2016

The Sun International CEO Sleepout

Gasant Orrie, Cape Managing Partner, shares CDH's involvement in the Sun International CEO Sleepout initiative and challenges other corporates in the industry to partake in the project.

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.