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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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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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Black, white and different shades of grey
25 September 2018 Employment

Black, white and different shades of grey

South Africa's history of apartheid and oppression continues to affect post-democratic society today. The workplace is not excluded from the list of institutions affected. Our courts have been called upon to deal with countless incidents involving racism and racial abuse in the workplace. In fact, the increasing number of these incidents has been noted by the Labour Court as a concern. In many cases, racism in the workplace has been held to constitute serious misconduct warranting dismissal.

The future of underground coal gasification – Take two!
19 September 2018 Corporate & Commercial

The future of underground coal gasification – Take two!

In 2015 we published an article on underground coal gasification ("UCG") and its place within the regulatory framework under the Mineral and Petroleum Resources Development Act, 2004 (as amended). Three years later it would appear that uncertainty of the regulatory place for UCG would continue with the announcement by the Minister of Mineral Resources that the Mineral and Petroleum Resources Development Amendment Bill, 2014 ("MPRDA Amendment Bill") will be withdrawn.

If 'South Africa is open for Business', then why are we putting up roadblocks for mining investors?
18 September 2018 Corporate & Commercial

If 'South Africa is open for Business', then why are we putting up roadblocks for mining investors?

Until the election of Cyril Ramaphosa as the new leader of the ANC at its December 2017 conference, the clarion call by Government that "South Africa is open for Business" was becoming decidedly hackneyed and hollow. The election of Ramaphosa added a fresh optimism and when the same call was made at the World Economic Forum in Davos in January, it was greeted with greater interest and far less scepticism than in the past.

Largest BEE deal in ICT sector drives transformation
17 September 2018 Corporate & Commercial

Largest BEE deal in ICT sector drives transformation

On 14 September 2018, Vodacom Group and YeboYethu completed a R16.4 billion BEE transaction – the biggest BEE deal in the ICT sector to date – in which Cliffe Dekker Hofmeyr (CDH) was privileged to have acted as lead legal advisor to both Vodacom and YeboYethu.

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Proposed gambling tax draft legislation
26 June 2019 Tax & Exchange Control

Proposed gambling tax draft legislation

Louis Botha, Associate in the Tax & Exchange Control practice, joined eNCA to discuss the proposed gambling tax draft legislation that will be introduced during 2019.

Unemployment rate in South Africa
17 May 2019 Employment

Unemployment rate in South Africa

It was recently announced that South Africa's unemployment rate has increased to 27.6% in the first quarter of this year. Employment Director Hugo Pienaar joined eNews Channel Africa to discuss this.

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Structural and systemic unemployment crises
12 August 2019 Employment

Structural and systemic unemployment crises

Hugo Pienaar, Director in the Employment practice joined the Classic Business Show on Classic FM. He discusses the structural and systemic unemployment crises with reference to various international models. He also states that a social accord is necessary between government, labour and business.