CDH's M&A team clinched top honours at DealMakers Awards

VAT agency and principals

The terms “ agent ” and “ agency ” are not defined in the Value Added Tax Act 89 of 1991 (VAT Act). The South African Revenue Service (SARS) has indicated in Interpretation Note 42 (IN 42) that it accepts that the common law relationship between the principal and the agent prescribes the value-added tax (VAT) consequences of this legal relationship. The general VAT rule is that where a person, acting as agent, supplies goods or services on behalf of a principal to a third party, the supply is deemed to be made by the principal and not the agent (section 54(1) of the VAT Act). Conversely, where a third-party supplier makes a supply to an agent acting on behalf of a principal, that supply is deemed to be made to the principal (section 54(2) of the VAT Act). In these instances, the principal and not the agent must account for VAT on the supplies.

Positive disruptors in African mining: Technology, AI and critical minerals for Africa's industrialisation

Njeri Wagacha talks to Maryanne Ochola and Vladimir Dugin

Every month CDH Kenya Partner Njeri Wagacha publishes a podcast 'Njeri Talks Law'. This month Njeri speaks to Maryanne Ochola, Managing Director at Endeavor Kenya and Vladimir Dugin, Partner at E3 Capital Kenya.

Corporate Investigations and compliance with POPIA

The right to privacy must be upheld when corporate and workplace investigations are conducted.

Revised critical skills list

The Immigration Act 13 of 2002 empowers the Director-General of the Department of Home Affairs to issue a critical skills visa to an individual who is in possession of “ such skills or qualifications determined to be critical for the Republic from time to time ”, subject to meeting all the other requirements for the issuing of the visa. The skills and qualifications determined to be critical are published in a critical skills list issued by the Minister of the Department of Home Affairs (Minister) from time to time. A critical skills visa is issued based on compliance with the critical skills list and allows the holder to work in South Africa within a specific occupation listed on the critical skills list.

The pari passu principle in loan transactions

An important, yet undervalued principle in loan transactions is the pari passu principle. The principle concerns the ranking of lenders’ claims and concomitant security rights in loan transactions. In this article, the meaning and scope of the pari passu principle in loan transactions isdiscussed.