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Vicarious liability of an employer when an employee commits an intentional wrong entirely for his/her own purpose
2 October 2019 Dispute Resolution

Vicarious liability of an employer when an employee commits an intentional wrong entirely for his/her own purpose

Since as early as Roman times, it has been the case that an employer is vicariously liable for a wrong committed by an employee during the course or scope of his or her employment. The liability of an employer, however, under circumstances where an employee commits an intentional wrong entirely for his or her own purpose, is a very different kettle of fish. There have been many judgments, over the years (both in South Africa and abroad), which have developed the policy and principles applied in such matters.

Termination of negotiations: Do you have a claim if the proposed deal goes south?
2 October 2019 Dispute Resolution

Termination of negotiations: Do you have a claim if the proposed deal goes south?

Parties to commercial transaction negotiations can be falsely naïve in their early management of the process, with the misguided belief that everything will work out positively, resulting in one or both parties failing to take business decisions in anticipation of a deal being struck. This article considers what legal remedies, if any, are available to an aggrieved party against the party withdrawing from negotiations, and what precautions may be taken to ensure the other party continues to negotiate in good faith.

Section 44 of the Companies Act and Post Acquisition Finance
2 October 2019 Corporate & Commercial

Section 44 of the Companies Act and Post Acquisition Finance

Often the provisions of s44 of the Companies Act, No 71 of 2008 (Act) are overlooked when companies who previously obtained the requisite s44 financial assistance shareholder approval (in connection with the acquisition of shares of the company or of a related company) decide to vary the terms of such financial assistance post the relevant share acquisition.

The provision of safe transport by employers to prevent gender-based violence – considering the tax consequences
26 September 2019 Tax & Exchange Control

The provision of safe transport by employers to prevent gender-based violence – considering the tax consequences

Many South Africans have taken a stand against the surge of violent crimes perpetrated by men against women over recent weeks and have expressed their outrage through protest action. This outcry against gender-based violence in South Africa has been echoed worldwide, with many nations standing in solidarity with the women of South Africa.

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Termination of negotiations: Do you have a claim if the proposed deal goes south?
2 October 2019 Dispute Resolution

Termination of negotiations: Do you have a claim if the proposed deal goes south?

Parties to commercial transaction negotiations can be falsely naïve in their early management of the process, with the misguided belief that everything will work out positively, resulting in one or both parties failing to take business decisions in anticipation of a deal being struck. This article considers what legal remedies, if any, are available to an aggrieved party against the party withdrawing from negotiations, and what precautions may be taken to ensure the other party continues to negotiate in good faith.

Section 44 of the Companies Act and Post Acquisition Finance
2 October 2019 Corporate & Commercial

Section 44 of the Companies Act and Post Acquisition Finance

Often the provisions of s44 of the Companies Act, No 71 of 2008 (Act) are overlooked when companies who previously obtained the requisite s44 financial assistance shareholder approval (in connection with the acquisition of shares of the company or of a related company) decide to vary the terms of such financial assistance post the relevant share acquisition.

The provision of safe transport by employers to prevent gender-based violence – considering the tax consequences
26 September 2019 Tax & Exchange Control

The provision of safe transport by employers to prevent gender-based violence – considering the tax consequences

Many South Africans have taken a stand against the surge of violent crimes perpetrated by men against women over recent weeks and have expressed their outrage through protest action. This outcry against gender-based violence in South Africa has been echoed worldwide, with many nations standing in solidarity with the women of South Africa.

Be careful retailers, you may run out of fuel: Section 12B of the Petroleum Products Act may not be your saving grace
25 September 2019 Dispute Resolution

Be careful retailers, you may run out of fuel: Section 12B of the Petroleum Products Act may not be your saving grace

In terms of s12B of the Petroleum Products Act 120 of 1977 (Act), the Controller of Petroleum Products (Controller) may on request by a licensed retailer alleging an unfair or unreasonable contractual practice by a licensed wholesaler, or vice versa, require, by notice in writing to the parties concerned, that the parties submit the matter to arbitration.

Interpreting a reinstatement clause in an insurance contract: Insurers should act quickly and wisely, or pay the price
25 September 2019 Dispute Resolution

Interpreting a reinstatement clause in an insurance contract: Insurers should act quickly and wisely, or pay the price

An insurance company recently suffered the consequences of its wrongful repudiation of a claim in terms of the reinstatement provisions of an insurance policy, in the Western Cape High Court case of Watson and another v Renasa Insurance Company Limited [2019] 2 All SA 280. After a fire at the plaintiff’s place of business destroyed machinery insured by the defendant insurance company, the defendant repudiated the insurance claim, based on its assertion that the plaintiff’s arson had caused the fire. Both the High Court and the Supreme Court of Appeal sided with the plaintiff, finding that the insurer was obliged to indemnify the insured property. The matter then came before the High Court in respect of the quantum of the plaintiff’s claim.

Undocumented children and their right to basic education: ‘Once you learn to read you will forever be free’ - Frederick Douglass
25 September 2019 Pro Bono & Human Rights

Undocumented children and their right to basic education: ‘Once you learn to read you will forever be free’ - Frederick Douglass

“Unlike some of the other socio-economic rights, this right is immediately realisable. There is no internal limitation requiring that the right be “progressively realised” within “available resources” subject to “reasonable legislative measures”. The right to a basic education in s29(1)(a) may be limited only in terms of a law of general application which is “reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom”. This right is therefore distinct from the right to “further education” provided for in s 29(1)(b). The State is, in terms of that right, obliged, through reasonable measures, to make further education “progressively available and accessible.” - Governing Body of the Juma Musjied Essay NO 2011 (8) BCLR 761 (CC).

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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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Strategic Structuring – structuring African business to ensure maximum efficiency and minimal risk
20 March 2019 Corporate & Commercial

Strategic Structuring – structuring African business to ensure maximum efficiency and minimal risk

Deepa Vallabh, Corporate and Commercial Director & Head, Cross-Border M&A: Africa & Asia, participated in a webinar where she discussed "Strategic Structuring – structuring African business to ensure maximum efficiency and minimal risk". The Webinar provided an in-depth look at the investment structures that foreign investors can use to minimise risk and increase efficiency in their African investments.

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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.