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Female approach to bring back humanity into the legal profession
23 August 2019 Pro Bono & Human Rights

Female approach to bring back humanity into the legal profession

While the South African law industry is still largely male-dominated, a small team of female lawyers in the Pro Bono & Human Rights practice at CDH are using their unique female approach to bring a touch of humanity back into the legal profession. Tricia Erasmus, Senior Associate in our Pro Bono & Human Rights practice joined Channel Africa to discuss further.

Methods used by taxpayers to write down trading stock to be rewritten?
22 August 2019 Tax & Exchange Control

Methods used by taxpayers to write down trading stock to be rewritten?

In its simplest form, s22 of the Income Tax Act, 58 of 1962 (Act) is a timing provision which ensures that the cost of trading stock in the hands of a taxpayer matches the income earned in respect of that trading stock sold, or otherwise disposed of. The 2019 Draft Taxation Laws Amendment Bill (2019 Draft TLAB) proposes a key amendment to the manner in which taxpayers can write trading stock down at the end of any year of assessment which will have far-reaching implications for many taxpayers.

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Prices advertised or quoted must include VAT
25 July 2019 Tax & Exchange Control

Prices advertised or quoted must include VAT

Have you ever shopped around and then made a decision to purchase something or utilise the services of a service provider because, as the saying goes “the price is right”, only to find that somewhere in all the marketing blurb and enticing imagery, that you missed the fine print stating that the price does not include VAT? Just like that, there’s an extra 15% payable that you did not budget for.

Published! The 2019 Draft TLAB, Draft TALAB and the comparable tax exemption for CFCs
25 July 2019 Tax & Exchange Control

Published! The 2019 Draft TLAB, Draft TALAB and the comparable tax exemption for CFCs

On 21 July 2019, National Treasury (NT) and the South African Revenue Service (SARS) published the 2019 Draft Taxation Laws Amendment Bill (Draft TLAB) and the 2019 Draft Tax Administration Laws Amendment Bill (Draft TALAB), for public comment. According to the media statement accompanying the publication of the bills (Media Statement), the Draft TLAB and the Draft TALAB provide the necessary legislative amendments required to implement more complex tax announcements made in Chapter 4 and Annexure C of the 2019 Budget Review. We discussed these announcements in the 2019 Budget Review in our Special Edition Budget Speech Alert 2019.

When does a dispute fall within an arbitration agreement?
24 July 2019 Dispute Resolution

When does a dispute fall within an arbitration agreement?

The approach adopted by our courts in deciding whether a dispute comes within the provision(s) of a domestic arbitration clause, was settled by the Supreme Court of Appeal, in North East Finance (Pty) Ltd v Standard Bank of South Africa Ltd 2013 (5) SA 1 (SCA). The case dealt with the effect fraud has on a domestic arbitration clause in general and can now be considered as trite law, even though its application in any particular instance has proven to be tricky over the years.

CDH and Ikamva Labantu – a relationship of shared values
24 July 2019 Pro Bono & Human Rights

CDH and Ikamva Labantu – a relationship of shared values

“Overcoming poverty is not a task of charity, it is an act of justice. Like Slavery and Apartheid, poverty is not natural. It is man-made and it can be overcome and eradicated by the actions of human beings. Sometimes it falls on a generation to be great. YOU can be that great generation. Let your greatness blossom.” — Nelson Mandela

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The South African Human Rights Commission vs Sunette Bridges
20 January 2015 Dispute Resolution

The South African Human Rights Commission vs Sunette Bridges

The South African Human Rights Commission (SAHRC) will be represented at the Equality Court of South Africa, at the Western Cape High Court on Tuesday 20th January at 11am concerning a case it has lodged against Afrikaans singer Sunette Bridges. Ms Bridges is accused of hosting commentary on her Facebook page that constitutes hate speech in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000 (Equality Act).

The Labour Relations Amendment Act has taken effect
12 January 2015 Employment

The Labour Relations Amendment Act has taken effect

On 1 January 2015 the Labour Relations Amendment Act (No.6 of 2014) (LRAA) took effect, with the exception of s37(c), and South African businesses now have to comply with the new obligations created in the Act.

Big win for banks against sureties in context of business rescue
5 December 2014 Dispute Resolution

Big win for banks against sureties in context of business rescue

On 1 December 2014 the Supreme Court of Appeal delivered what should be the final word (unless a constitutional court challenge is launched) on how courts will treat sureties who had stood and provided security for the debts of a company (principal debtor) that subsequently went into business rescue and had a business rescue plan adopted. Grant Ford, Director and Regional Practice Head of the Dispute Resolution practice at Cliffe Dekker Hofmeyr notes that up until this point, the question had been whether suretyships remain unaffected and enforceable in such circumstances.

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Nicholas Preston comments on Shakes Mashaba and Isegund Gordan having a contract at the same time.
6 August 2014 Employment

Nicholas Preston comments on Shakes Mashaba and Isegund Gordan having a contract at the same time.

Newly appointed Bafana Bafana coach Shakes Mashaba arrives back in South Africa after a tour of Mali as the official coach of the senior national team. Isegund Gordan’s contract with SAFA runs until the end of the month, but a employment lawyer says this is perfectly legal that both men can be contracted for the same position at the same time. Director, Nicholas Preston gives comment.

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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.

Johan Jacobs talks about the budget speech
16 May 2016 Trusts & Estates

Johan Jacobs talks about the budget speech

Johann Jacobs, national practice head and director in the Trust and Estates practice talks about the budget speech which was delivered by the finance minister from trusts tax perspective.