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Beyond the delay: Unpacking technical aspects of the 2025 Budget

Dying for a cash in: Life insurance claims amid criminal investigations

South Africa grapples with one of the highest crime rates in the world, driven by a multitude of factors. The South African Police Service (SAPS) is significantly outnumbered by offenders, and its efforts are hampered by a lack of resources and inadequate training. Unfortunately, this situation has become a norm rather than an anomaly for SouthAfricans. 

National Small Enterprise Amendment Act: Changes afoot?

On 27 September 2024, the President brought into operation certain sections of the National Small Enterprise Amendment Act 21 of 2024 (Amendment Act), which amends the National Small Enterprise Act 102 of 1996 (Principal Act). The Amendment Act was assented to by the President on 18 July 2024 and aims, inter alia , to enhance support for small and medium businesses as part of broadening participation in the economy for a greater number of South Africans. This is to enable an equitable trading environment for small enterprises, through the provision of affordable and effective access to justice, and to empower the Minister of Small Business Development (Minister) to declare certain practices in relation to small enterprises to be prohibited as unfair trading practices.

Establishing the necessary elements of a repudiation

In the matter of African Zaibatsu Corporation Ltd and another v Industrial Development Corporation of South Africa Ltd 4 All SA 739, African Zaibatsu Corporation Ltd (AZC) and Mr Kotane (Kotane) brought a claim against the Industrial Development Corporation of South Africa Ltd (IDC) for allegedly repudiating a loan agreement.

Rethinking staff outsourcing contracts from a tax perspective

On 30 August 2024, the Tax Appeals Tribunal (Tribunal) delivered a judgment in Appeal E433 of 2024 (judgment), in which it held that the reimbursement of staff costs made by a charitable foundation (Foundation) to a non-charitable but related company (Related Co) under a staff secondment arrangement was subject to withholding tax (WHT) since the costs amounted to management or professional fees. This marks a departure from its earlier decision in Two Lakes Packaging Services Limited v Commissioner of Domestic Taxes (Appeal Number 420 of 2021) (Two Lakes), in which the Tribunal held that WHT should not be deducted from recharges of staff salaries.

New legislative developments under the Movable Property Security Rights (Amendment) Bill, 2024

The Movable Property Security Rights (Amendment) Bill, 2024 (Bill) proposes to make amendments to various statutes to harmonise laws relating to security over movable property, including the Movable Property Security Rights Act, Cap 499A Laws of Kenya (MPSRA) and the Companies Act, Cap 486 Laws of Kenya (Companies Act).The Bill also proposes to repeal the Hire Purchase Act, Cap 507 Laws of Kenya (HPA). In this alert, we consider some of the proposed amendments under the Bill.