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Contract silent regarding its duration?
8 September 2014 Dispute Resolution

Contract silent regarding its duration?

It is not unusual for contracting parties to conclude either a long-term or an ever-green contract, especially if the contracting parties intended to be bound to such contract.

Expenditure relating to deferred accruals
5 September 2014 Tax & Exchange Control

Expenditure relating to deferred accruals

In order to give effect to the information gathering powers of the South African Revenue Service (SARS), SARS may apply to a magistrate or a judge to issue a search and seizure warrant so as to, unannounced, enter premises where relevant material is being kept, conduct a search of a person’s premises and seize relevant material.

Search and seizure: the extent of SARS's powers
5 September 2014 Tax & Exchange Control

Search and seizure: the extent of SARS's powers

In order to give effect to the information gathering powers of the South African Revenue Service (SARS), SARS may apply to a magistrate or a judge to issue a search and seizure warrant so as to, unannounced, enter premises where relevant material is being kept, conduct a search of a person’s premises and seize relevant material.

Exclusivity concerns must be merger-specific
2 September 2014 Competition

Exclusivity concerns must be merger-specific

In two separate merger decisions, issued by the Competition Tribunal (Tribunal) days apart, the Tribunal deviated from the Competition Commission's (Commission) recommendations that the transactions concerned be conditionally approved.

ICT Policy White Paper on its way…
2 September 2014 Technology, Media & Telecommunications

ICT Policy White Paper on its way…

The South African telecommunications and postal services sector has been guided by separate and divergent policies and frameworks since 1994.

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Companies Act - Social and Ethics Alert 19 April 2012
19 April 2012 Corporate & Commercial

Companies Act - Social and Ethics Alert 19 April 2012

The enactment of s72(4) and s(5) of the Companies Act, No 71 of 2008 (Act), read with Regulation 43, marks the most significant shift in the history of corporate accountability and reporting in South Africa.

Trust and Estates Alert
18 April 2012 Trusts & Estates

Trust and Estates Alert

In this alert, we pick up a theme raised in a previous alert stressing the importance of pre-planning before drafting a Will, which leads us to the question: what falls into the estate?

Employment Alert
16 April 2012 Employment

Employment Alert

Evident from the Explanatory Memorandum on the Labour Relations Amendment Bill, one of the key themes of the Bill is to ensure that vulnerable categories of workers receive adequate protection under employment legislation.

Tax Alert
13 April 2012 Tax & Exchange Control

Tax Alert

The South African Revenue Service (SARS) recently released Binding Private Ruling 117 in which it had to be considered whether, and by whom, employees' tax had to be withheld in respect of certain share options granted to employees...

Tax Alert
5 April 2012 Tax & Exchange Control

Tax Alert

Judgment in the case of Eveready v CSARS (195/11) [2012] ZASCA 36 was handed down by the Supreme Court of Appeal (SCA) on 29 March 2012.

Pro Bono Alert
4 April 2012 Pro Bono & Human Rights

Pro Bono Alert

On 11 August 2011, Cliffe Dekker Hofmeyr’s Christine Jesseman and Khaya Mantengu, consulted with the community representative of evicted residents (residents) of the Chris Hani informal settlement in Daveyton.

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An agent's right to commission
2 January 2008 Dispute Resolution

An agent's right to commission

An agent will have a claim for commission on a sale agreement if he introduced the parties to one another, thereby being the effective cause of the sale.

Beware the bogeyman
6 November 2004 Black Economic Empowerment (BEE)

Beware the bogeyman

The macro-economic rationale that lies at the heart of black economic empowerment (BEE) is to address the...

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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.

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.