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Shane Johnson appeared on SABC News
13 November 2018 Employment

Shane Johnson appeared on SABC News

Professional Support Lawyer for the Employment practice, Shane Johnson, joined SABC News to elaborate on reports that economic factors like recession make South African businesses further disposed to widespread retrenchments.

No tax on interest? Ruling pertaining to DTA between South Africa and Brazil
9 November 2018 Tax & Exchange Control

No tax on interest? Ruling pertaining to DTA between South Africa and Brazil

On 24 July 2006, the Convention between the Government of the Republic of South Africa and the Government of the Federative Republic of Brazil for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income (DTA), came into force. The DTA, similar to other such double tax agreements, determines the taxing rights of each country where a resident of one contracting state earns income from a source in the other contracting state.

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Why the environment matters to your deal
31 October 2018 Environmental

Why the environment matters to your deal

Recent publication by the International Panel on Climate Change of its Special Report “Global Warming of 1.5˚C” has again brought environmental protection to the forefront of sustainable development discourse. With South Africa being a party to the United Nations Convention on Climate Change and Paris Agreement, concerns of the international community and pressure from fellow state parties incentivises the Department of Environmental Affairs’ enforcement division, the green scorpions, to further sharpen their sting.

The future of underground coal gasification – take two!
29 October 2018 Energy

The future of underground coal gasification – take two!

In 2015, we published an article on underground coal gasification (UCG) and its place within the regulatory framework under the Mineral and Petroleum Resources Development Act, 2004 (as amended). Three years later, it would appear that uncertainty of the regulatory place for UCG would continue with the announcement by the Minister of Mineral Resources that the Mineral and Petroleum Resources Development Amendment Bill, 2014 (MPRDA Amendment Bill) will be withdrawn.

Customs & Excise highlights
26 October 2018 Tax & Exchange Control

Customs & Excise highlights

Herewith below selected highlights in the Customs & Excise environment since our last instalment (the Customs & Excise Act, No 91 of 1964 will be referred to herein as “the Act”):

Good news for lenders? Further proposed amendments to the doubtful debt provisions
26 October 2018 Tax & Exchange Control

Good news for lenders? Further proposed amendments to the doubtful debt provisions

On 17 October 2018, National Treasury (NT) and the South African Revenue Service (SARS), appeared before Parliament’s Standing Committee on Finance (SCoF) to provide it with a further update regarding some of the proposals contained in the 2018 draft Taxation Laws Amendment Bill (Draft TLAB), that was published earlier this year. One of the key proposals related to the doubtful debt provisions in s11(j) and s11(jA) in the Income Tax Act, No 58 of 1962 (Act), regarding which NT received substantial input from the public. The proposed amendments to these provisions were also robustly debated during the workshops hosted by NT and SARS for all stakeholders, which were well attended by members of the tax profession, on 4 and 5 September 2018. We discussed the proposed amendments in our Tax and Exchange Control Alert of 3 August 2018.

Business rescue, a case of urgency and unpaid employees – a recipe for new law
24 October 2018 Business Rescue, Restructuring & Insolvency

Business rescue, a case of urgency and unpaid employees – a recipe for new law

The moratorium on legal proceedings during business rescue can be found in section 133(1) of the Companies Act, No 71 of 2008 (the Companies Act). Section 133(1)(a) and (b) states that, inter alia, no legal proceedings against the company or in relation to any property belonging to the company or lawfully in its possession, may be instituted or continued with unless the consent of the business rescue practitioner (BRP) or leave of the court has been obtained.

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Women in the workplace
5 February 2018 Employment

Women in the workplace

In South Africa, we have several laws ensuring the protection of women in the workplace. The Constitution of the Republic of South Africa confirms that “everyone is equal before the law and has the right to equal protection and benefit of the law”. Employment legislation has been enacted in order to give effect to the Constitution and to protect all employees, including women in the workplace.

The rise of restraints: An inevitable reality during junk status
5 February 2018 Employment

The rise of restraints: An inevitable reality during junk status

South Africa has been unfortunate over recent months to experience more than one ratings downgrade to sub investment grade, otherwise known as junk status. This has not only resulted in an all-time low in investor confidence but has demanded that employers take an active role to protect their slice of the pie, so to speak.

TES ruling raises uncertainty for all sectors
5 February 2018 Employment

TES ruling raises uncertainty for all sectors

The Labour Appeal Court (LAC) recently delivered a judgment which could have significant implications for the South African labour market. The judgment specifies that employees of labour brokers who earn below the threshold for vulnerable employees, will become the permanent employees of the client at which they are placed after a period of three consecutive months.

Is South Africa ready for the Workplace of the Future?
5 February 2018 Employment

Is South Africa ready for the Workplace of the Future?

The “workplace of the future” has become a buzz phrase in conversations around how the face of employment will evolve over the next few years. While this phrase is used to describe several expected changes, two of the most important include the shift from full time employees to freelancers and dissolving traditional offices and headquarters to a more mobile workforce, aided by technology’s rapid development. There are many potential advantages to this new workplace environment, however there is a lot of work that needs to be done if South Africa is to be prepared for this evolution.

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Chris Charter comments on the Massmart complaint
26 February 2015 Competition

Chris Charter comments on the Massmart complaint

Massmart has launched a complaint with the Competition Commission targeting Pick n Pay, Spar and Shoprite in a bid to end lease exclusivity clauses. Chris Charter, Head of our Competition practice comments.

Cliffe Dekker Hofmeyr continues to support the Come Together Home
10 October 2014 Pro Bono & Human Rights

Cliffe Dekker Hofmeyr continues to support the Come Together Home

Come Together is a key project in Cliffe Dekker Hofmeyr's Corporate Social Responsibility portfolio. We have seen the Come Together project flourish over the years. We are proud to be part of this worthy initiative, which has and will continue to make a significant difference to the lives of a number of children and adults in the Sebokeng community.

Nicholas Preston comments on Shakes Mashaba and Isegund Gordan having a contract at the same time.
6 August 2014 Employment

Nicholas Preston comments on Shakes Mashaba and Isegund Gordan having a contract at the same time.

Newly appointed Bafana Bafana coach Shakes Mashaba arrives back in South Africa after a tour of Mali as the official coach of the senior national team. Isegund Gordan’s contract with SAFA runs until the end of the month, but a employment lawyer says this is perfectly legal that both men can be contracted for the same position at the same time. Director, Nicholas Preston gives comment.

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Weed in the workplace
23 May 2017 Employment

Weed in the workplace

Employment Director Jose Jorge discusses the recent court case in the Western Cape High Court relating to the use of cannabis in the privacy of your home and how it could, if the Bill is passed, affect the workplace.