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Minister publishes draft amendments to MPRDA regulations
4 December 2019 Mining & Minerals

Minister publishes draft amendments to MPRDA regulations

On 28 November 2019, the Minister of Mineral Resources and Energy (Minister) published Draft Amendments to the Mineral and Petroleum Resources Development Regulations, 2019 (Draft Amendments) for public comment. Interested and affected parties have 30 days to comment thereon. The Draft Amendments, once finalised, shall come into operation on the date of publication in the Government Gazette for implementation.

Who is liable when a payment is made in terms of an invoice that has been intercepted and altered?
4 December 2019 Dispute Resolution

Who is liable when a payment is made in terms of an invoice that has been intercepted and altered?

Gone are the days of receiving physical invoices. Most, if not all, invoices are now sent electronically. While this may be faster and seemingly more secure, there are still some risks involved. What happens if either the creditor’s or the debtor’s email accounts are hacked? What if the banking details on the invoice are changed without either party’s knowledge and payment is made? Who is liable in such a scenario?

Sexual offences epidemic: How is the law assisting?
4 December 2019 Dispute Resolution

Sexual offences epidemic: How is the law assisting?

It is undeniable that South Africa is in the midst of a sexual offences epidemic. The recent national crime statistics reflect that 52,420 sexual offences occurred in 2019 - a 4,6% increase since 2018. Being a survivor of a sexual offence is undoubtedly difficult and, to make matters worse, the inadequacies of our legal system certainly add insult to injury. Should our law not be more proactive than reactive especially concerning crimes of this nature, which to a great extent, affect our women and children?

Something is missing: Pricing and mandatory offers triggered through share repurchases
4 December 2019 Corporate & Commercial

Something is missing: Pricing and mandatory offers triggered through share repurchases

Section 123 of the Companies Act No 71 of 2008 (Companies Act) triggers the requirement to make a mandatory offer to purchase the remaining securities in a regulated company in specific circumstances. In terms of section 118(1) of the Companies Act read with regulation 91 of the Companies Regulations, 2011 (Regulations), a “regulated company” is any public company or state-owned company, as well as private companies where more than 10% of the securities in that company were transferred in the past 24 months amongst unrelated persons.

Airbnb: The admin of holidaymaking
3 December 2019 Real Estate

Airbnb: The admin of holidaymaking

With the festive season fast approaching, the rush to find last minute accommodation will cause many to turn to South Africa’s R1 billion Airbnb market. With the promise of a home away from home it’s no wonder that you and your loved ones want to check in to an Airbnb and simultaneously rent your home to paying guests, reducing your holiday experiences substantially. However, is it as simple and as risk-free as that?

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The contours of Ubuntu: A principal’s right to terminate a contract of mandate
15 November 2019 Corporate & Commercial

The contours of Ubuntu: A principal’s right to terminate a contract of mandate

It is firmly established in our law that both the terms and enforcement of a contract must not offend public policy, a matrix of rules articulating society’s values and sense of propriety. These values are neatly encapsulated in the concept of Ubuntu which, as our courts have held on a number of occasions, suffuse all areas of our law (including the law of contract). Should the terms of the contract per se or their enforcement in a particular context violate public policy, our courts will decline to uphold them.

A silver lining? Relaxation of the exchange control rules regarding loop structures announced in the MTBPS
14 November 2019 Tax & Exchange Control

A silver lining? Relaxation of the exchange control rules regarding loop structures announced in the MTBPS

On 30 October 2019, the Minister of Finance (Minister) tabled the 2019 Medium-Term Budget Policy Statement (MTBPS). In his speech on the MTBPS, the Minister was frank in describing the challenges faced by the South African economy and emphasised that our economy must grow faster. Following the tabling of the MTBPS, ratings agency Moody’s indicated that South Africa’s credit rating would remain at the lowest investment grade level, but changed its outlook from stable to negative.

When does freedom of expression go one step too far?
13 November 2019 Dispute Resolution

When does freedom of expression go one step too far?

Freedom of expression and hate speech must be considered against the background and the diversity of the population of a specific country, culture, historical background and history in general. The test of whether hate speech constitutes freedom of expression will therefore differ from country to country. Although an offensive or controversial view does not necessarily constitute hate speech, in our rainbow nation, South Africans must be cautious not to step over the line and the only way to do this is to be aware of the cultural difference in the country and show respect to fellow South Africans.

Invoking hardship in difficult economic times to renegotiate commercial obligations
13 November 2019 Dispute Resolution

Invoking hardship in difficult economic times to renegotiate commercial obligations

With suppressed economic activity in South Africa, suppliers, distributors and service providers are all feeling the economic pinch and seeking various means to obtain some financial reprieve to remain sustainable for the next economic upswing. While the obvious option may be business rescue proceedings, such a solution comes with its own pitfalls. Parties in long-term commercial relationships often look to rather explore options to re-negotiation the commercial terms that underpin their relationship.

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Employment tax incentives
10 March 2016 Tax & Exchange Control

Employment tax incentives

Nicole Paulsen, associate in the Tax and Exchange Control practice speaks about employment tax incentives and how it expires.