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New POPI Regulations
6 February 2020 Corporate & Commercial

New POPI Regulations

Director in the Corporate & Commercial practice joined Talk Radio 702 to discuss the New POPI Regulations that are set to end direct marketing calls in South Africa.

Community Schemes Ombud: Who can they help?
5 February 2020 Dispute Resolution

Community Schemes Ombud: Who can they help?

The landscape for owners on the one hand, and body corporates on the other hand, of sectional title schemes in exercising their respective rights and obligations changed significantly on 7 October 2016, when two pieces of legislation came into force - being the Sectional Titles Schemes Management Act No 8 of 2011 and the Community Schemes Ombud Service Act No 9 of 2011 (the CSOS).

Are you compliant? CIPC Compliance Checklist now mandatory
5 February 2020 Corporate & Commercial

Are you compliant? CIPC Compliance Checklist now mandatory

During the latter part of 2019, the Companies and Intellectual Property Commission (CIPC) issued Notice 52, announcing a CIPC Compliance Checklist (Checklist) requiring companies to declare their compliance status in relation to specific sections of the Companies Act when submitting their Annual Return. As of 1 January 2020, the Checklist is mandatory and is applicable to all companies, including private companies, public companies, state-owned companies, non-profit companies and personal liability companies. At present, close corporations are not required to complete the Checklist.

Recent Financial Sector Tribunal decision provides interpretation of ‘solicitation’ for the purposes of Section 65 of the Collective Investment Schemes Control Act, 2002
5 February 2020 Corporate & Commercial

Recent Financial Sector Tribunal decision provides interpretation of ‘solicitation’ for the purposes of Section 65 of the Collective Investment Schemes Control Act, 2002

In a recent decision handed down in respect of the matter between 36One Asset Management (Pty) Ltd (36One) and the Financial Sector Conduct Authority (FSCA), the Financial Sector Tribunal (Tribunal) provided an interpretation of the meaning of “solicit” as defined in the Collective Investment Schemes Control Act, 2002 (CISCA).

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Community Schemes Ombud: Who can they help?
5 February 2020 Dispute Resolution

Community Schemes Ombud: Who can they help?

The landscape for owners on the one hand, and body corporates on the other hand, of sectional title schemes in exercising their respective rights and obligations changed significantly on 7 October 2016, when two pieces of legislation came into force - being the Sectional Titles Schemes Management Act No 8 of 2011 and the Community Schemes Ombud Service Act No 9 of 2011 (the CSOS).

Are you compliant? CIPC Compliance Checklist now mandatory
5 February 2020 Corporate & Commercial

Are you compliant? CIPC Compliance Checklist now mandatory

During the latter part of 2019, the Companies and Intellectual Property Commission (CIPC) issued Notice 52, announcing a CIPC Compliance Checklist (Checklist) requiring companies to declare their compliance status in relation to specific sections of the Companies Act when submitting their Annual Return. As of 1 January 2020, the Checklist is mandatory and is applicable to all companies, including private companies, public companies, state-owned companies, non-profit companies and personal liability companies. At present, close corporations are not required to complete the Checklist.

Recent Financial Sector Tribunal decision provides interpretation of ‘solicitation’ for the purposes of Section 65 of the Collective Investment Schemes Control Act, 2002
5 February 2020 Corporate & Commercial

Recent Financial Sector Tribunal decision provides interpretation of ‘solicitation’ for the purposes of Section 65 of the Collective Investment Schemes Control Act, 2002

In a recent decision handed down in respect of the matter between 36One Asset Management (Pty) Ltd (36One) and the Financial Sector Conduct Authority (FSCA), the Financial Sector Tribunal (Tribunal) provided an interpretation of the meaning of “solicit” as defined in the Collective Investment Schemes Control Act, 2002 (CISCA).

Ante-nuptial contracts: The fine print in love
3 February 2020 Real Estate

Ante-nuptial contracts: The fine print in love

The month of February is synonymous with love, romance and roses as Valentine’s Day takes centre stage. Celebrations for the day range from hand-made cards for mum and dad by the little ones, to magical getaways and even declarations of love, culminating in marriage proposals. So now that you have the perfect partner, try to plan for an ideal life by choosing the marital regime that suits you as a couple the best. Often, in this heady state of love and romance, couples shy away from discussing how exactly their finances and assets will be managed, to their detriment.

An update on the moratorium on the granting of Reconnaissance Permits, Technical Co-operation Permits, Exploration Rights and Production Rights
3 February 2020 Corporate & Commercial

An update on the moratorium on the granting of Reconnaissance Permits, Technical Co-operation Permits, Exploration Rights and Production Rights

On 28 June 2018, Samson Gwede Mantashe, Minister of Mineral Resources and Energy, having regard to the national interest and the need to promote the sustainable development of the nation’s petroleum resources, imposed a moratorium, under section 49(1) of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) on the granting of applications for Technical Co-operation Permits, Exploration Rights and Production Rights through the publication of a notice in the Government Gazette (Notice). The moratorium, however, did not affect the processing of applications for Reconnaissance Permits, Technical Co-operation Permits, Exploration Rights and Production Rights received prior to the date of publication of the Notice.

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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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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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The growing pandemic of cybercrime
7 October 2019 Corporate Investigations

The growing pandemic of cybercrime

Zaakir Mohamed, a Director in the Corporate Investigations sector of CDH's Dispute Resolution practice, recently joined Radio Islam to unpack the growing pandemic of cybercrime.

Rescission of judgments taken against you without your knowledge
19 September 2019 Dispute Resolution

Rescission of judgments taken against you without your knowledge

Zanele Ngakane, Senior Associate in the Dispute Resolution practice, features on YFM's 'The Shakedown' to discuss rescission of judgments taken against you without your knowledge. Tune in to 'The Shakedown' every Tuesday between 1pm and 2pm to catch LawyeredUp, a weekly feature where Zanele talks through various legal issues.