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The competency of incitement as a disciplinary charge: An insight into the charge of incitement
5 August 2019 Employment

The competency of incitement as a disciplinary charge: An insight into the charge of incitement

In the recent decision of Economic Freedom Fighters v Minister of Justice and Constitutional Development (87638/2016) [2019] ZAGPPHC 253, the High Court pronounced on the definition of the crime of incitement and defined it as the intention, by words or conduct, to influence the mind of another in the furtherance of committing a crime. The decisive question being whether the accused intended to influence the mind of another towards the commission of a crime.

Investing in your employees doesn’t make them yours
5 August 2019 Employment

Investing in your employees doesn’t make them yours

Hiring new staff usually comes at great expense to employers, who place them on intensive training programmes soon after they take up employment. With continuous changes to technology and systems, this then often continues for the duration of the employment relationship.

Protecting your creative ideas and copyrights
2 August 2019 Dispute Resolution

Protecting your creative ideas and copyrights

Zanele Ngakane, Senior Associate in the Dispute Resolution practice, features on YFM's The Shakedown to discuss protecting your creative ideas and copyrights. Zanele Ngakane features every Tuesday on The Shakedown (between 13h30 and 14h00) to get you LawyeredUp on various legal issues.

In alignment: Proposed amendments pertaining to amalgamation transactions
1 August 2019 Tax & Exchange Control

In alignment: Proposed amendments pertaining to amalgamation transactions

The Income Tax Act, No 58 of 1962 (IT Act) provides for corporate roll-over relief in respect of the transfer of assets between companies that form part of the same economic unit, as well as those transfers made to shareholders who are natural persons. In order to avoid the abuse of these provisions, the legislature has incorporated numerous requirements and anti-avoidance provisions into the IT Act that must be adhered to in order for taxpayers to qualify for the relief.

Key proposed amendments to the Real Estate Investment Trust (REIT) tax regime
1 August 2019 Tax & Exchange Control

Key proposed amendments to the Real Estate Investment Trust (REIT) tax regime

The 2019 Draft Taxation Laws Amendment Bill (Draft TLAB) proposes key amendments to the Real Estate Investment Trust (REIT) taxation regime. In particular, the proposed amendments provide clarification of the definition of “rental income” in the REIT tax regime in respect of foreign exchange differences and also clarify the interaction between the corporate reorganisation rules and the REIT tax regime.

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Common law set-off in credit agreements given the boot?
31 July 2019 Dispute Resolution

Common law set-off in credit agreements given the boot?

In a previous Alert we dealt with the question of whether credit providers’ right to apply set-off is regulated by the common-law only or whether credit providers are subject to the National Credit Act’s more onerous requirements regarding set-off. Our 2017 article mentioned that the National Credit Regulator had approached the High Court for clarity on the meaning of the National Credit Act’s set-off provisions: Section 90 and section 124. On 27 June 2019, the High Court delivered its judgment.

The applicability of the Financial Advisory and Intermediary Services Act to cryptocurrency assets
31 July 2019 Corporate & Commercial

The applicability of the Financial Advisory and Intermediary Services Act to cryptocurrency assets

Recently, we have been approached by several people who wanted to know how and whether South African financial services legislation applies to persons who wish to provide advice to third parties who are interesting in investing in cryptocurrencies. Specifically, they want to know whether or not they need to be licensed as “financial services providers” in terms of the Financial Advisory and Intermediary Services Act, 2002 (FAIS).

#sorrynotsorry: No freedom to falsely criticise your employer in the media
29 July 2019 Employment

#sorrynotsorry: No freedom to falsely criticise your employer in the media

In the matter of Joseph Nzimande and two others v Didben NO and Others, the applicants were dismissed for making false statements to the media, bringing the name of their employer into disrepute and failing to obey an instruction to them to raise their grievances through the recognised internal channels.

No more “Boers” allowed in the workplace!?
29 July 2019 Employment

No more “Boers” allowed in the workplace!?

Racial tension and animosity are amongst the many social ills that form part of South Africa’s apartheid legacy. Eradicating these problems is made no easier by people’s prejudiced beliefs that often manifest in the use of derogatory, offensive and racist language. In recent times, there have been numerous incidents of people publicly using overtly racist and often taboo words to describe others. These incidents have been met by public outrage and increasingly severe consequences.

Will the South African High Court’s injunction stop the liquidation proceedings of Konkola Copper Mines PLC in Zambia?
26 July 2019 Dispute Resolution

Will the South African High Court’s injunction stop the liquidation proceedings of Konkola Copper Mines PLC in Zambia?

Vedanta Resources Holding PLC successfully obtained an injunction order on 23 July 2019 from the South African High Court against ZCCM Investment Holdings PLC, ordering ZCCM to cease from taking any further steps in the winding-up proceedings of Konkola Copper Mines Plc in Zambia, pending the final determination of an arbitration under the terms of a shareholders’ agreement between the parties.

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Sunday Labour Permissions
17 September 2018 Mining & Minerals

Sunday Labour Permissions

A tendency has arisen in the mining sector for trade unions to put pressure on the Inspectorate of the Department of Mineral Resources (DMR) not to grant temporary permissions to allow production to take place on a Sunday, and not to support applications for any permanent Sunday Labour Permission that can only be granted by the Minister if it is in the national interest to do so, unless the consent of such trade unions has first been obtained.

Africa's contrasts - (re)emerging trends of mining in Africa
10 September 2018 Mining & Minerals

Africa's contrasts - (re)emerging trends of mining in Africa

It has been said that "the greater the contrast, the greater the potential. Great energy only comes from a corresponding great tension of opposites" (Carl Jung). While this was not said in connection with Africa, it certainly finds apt application in the African mining industry, given that the majority of African countries' exports and gross domestic product ("GDP") indicators relate to their natural resources; contrasted with various factors that results in untapped potential. In this article we wish to highlight the trends in the mining industry that have been developing throughout Africa and the impact that this can have on M&A deals in this industry.

We mourn the passing of Ma'm Winnie
3 April 2018

We mourn the passing of Ma'm Winnie

As we mourn the loss of another South African heroine, Ma’m Winnie Madikizela-Mandela, we ought to consider what she has meant to all of us South Africans, and how her memory may serve to embolden and enrich the pursuit of a better life for all - fundamentally – the pursuit of social justice, in our country.

Ignorance is not bliss: A recent judgment about understatement penalties and a caution to taxpayers
23 March 2018 Tax & Exchange Control

Ignorance is not bliss: A recent judgment about understatement penalties and a caution to taxpayers

In the recent matter of Mr A & XYZ CC v The Commissioner for the South African Revenue Service (Case Nos IT13725 & VAT1426, IT13727 & VAT1096), which involved four combined cases, the South African Revenue Service (SARS) issued assessments to Mr A and XYZ CC (Taxpayers) relating to income tax for the 2007 to 2012 years of assessment and Value-Added Tax (VAT) for the 2006 to 2013 periods.

Domestic treasury management companies
23 March 2018 Tax & Exchange Control

Domestic treasury management companies

In 2013, the South African government introduced the domestic treasury management company (DTMC) regime to enable South African companies, which are registered with the Financial Surveillance Department (FSD) of the South African Reserve Bank (SARB), to expand into the rest of Africa and abroad. The DTMC regime allows South African companies to establish one subsidiary as a holding company to hold African and offshore operations, without being subject to exchange control restrictions.

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Dispute Resolution between Foreign Investor and Host Government
14 February 2019 Dispute Resolution

Dispute Resolution between Foreign Investor and Host Government

Investment treaties generally contain a dispute resolution provision for the resolution of disputes between an investor and a host government in relation to certain alleged violations of an applicable treaty. These investment treaties also provide for the steps/mechanism to trigger a potential investor-state arbitration against a host government.

Mitigating Political Risk for Foreign Investment
7 February 2019 Dispute Resolution

Mitigating Political Risk for Foreign Investment

Political Risk broadly refers to a political event within a country that may materially affects the projected profitability or legal framework of an investment or a particular project. The most common political risk factor is usually the risk of expropriation or nationalisation.

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Samiksha Singh discusses probationary periods
18 June 2019 Employment

Samiksha Singh discusses probationary periods

Samiksha Singh, a Director in the Employment practice features on the Get up and go Breakfast Show on Cape Pulpit. She discusses probationary periods, and what employers need to do during this period.

Employees need to disclose their romantic relationships
10 June 2019 Employment

Employees need to disclose their romantic relationships

Anli Bezuidenhout, Senior Associate in the Employment practice joined the Lester Kiewit show on Cape Talk, to discuss romantic relationships in the workplace. She states that employees need to disclose their romantic relationships that were created in the workplace, so that the risks can be mitigated.