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Tendai Jangara, Director in the Corporate Investigations sector joined Evan Pickworth on Business Day's Business Law Focus, to discuss the continuing plight whistle-blowers.
The South African Revenue Service (SARS) wields enormous power in its ability to raise assessments and collect tax. However, this power is not without its limits – it exists within the bounds of legislation, most notably the Tax Administration Act 28 of 2011 (TAA). This was recently highlighted in the decision of Lance Dickson Construction CC v Commissioner for SARS [2023] JDR 0259 (WCC) (LDC), on appeal from the Tax Court, where SARS’ own leniency when levying an understatement penalty proved to be its own undoing.
The global climate crisis is having a profound impact on both people and the planet. Heatwaves, droughts, floods and other extreme weather events are increasingly affecting life as we know it and reducing greenhouse gas (GHG) emissions is now, more than ever, a worldwide imperative. National Treasury has issued Kenya’s Draft National Green Fiscal Incentives Policy Framework (draft policy framework) for public comment. The draft policy framework is a resounding acknowledgment by Government of the need for Kenya to go all out green. It highlights the different fiscal policy measures that can be used in the country’s pursuit for low carbon climate resilient development to deal with the challenge of global warming.
In this alert, we touch on the amendments to the Companies Act 71 of 2008 (Companies Act) that are coming into effect from 1 April 2023 and which will regulate the disclosure by companies of their beneficial ownership – in other words, disclosure of the person or persons who ultimately (directly or indirectly) own or control the company.
The Competition Commission (Commission) published its final set of Guidelines on the Exchange of Competitively Sensitive Information between Competitors (Guidelines) on 24 February 2023. While the Guidelines are not binding on the Commission, Competition Tribunal or Competition Appeal Court in the exercise of their respective discretions and interpretations of the Competition Act 89 of 1998 (Competition Act), the Guidelines must be considered when interpreting and applying the Competition Act.
Generally, lenders do not have an implicit contractual right to demand repayment of a full outstanding amount unless the loan agreement contains an acceleration clause. An acceleration clause is typically phrased in a manner that makes the full amount of the loan immediately due and payable in the event of a default.
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The South African Revenue Service (SARS) wields enormous power in its ability to raise assessments and collect tax. However, this power is not without its limits – it exists within the bounds of legislation, most notably the Tax Administration Act 28 of 2011 (TAA). This was recently highlighted in the decision of Lance Dickson Construction CC v Commissioner for SARS [2023] JDR 0259 (WCC) (LDC), on appeal from the Tax Court, where SARS’ own leniency when levying an understatement penalty proved to be its own undoing.
The global climate crisis is having a profound impact on both people and the planet. Heatwaves, droughts, floods and other extreme weather events are increasingly affecting life as we know it and reducing greenhouse gas (GHG) emissions is now, more than ever, a worldwide imperative. National Treasury has issued Kenya’s Draft National Green Fiscal Incentives Policy Framework (draft policy framework) for public comment. The draft policy framework is a resounding acknowledgment by Government of the need for Kenya to go all out green. It highlights the different fiscal policy measures that can be used in the country’s pursuit for low carbon climate resilient development to deal with the challenge of global warming.
In this alert, we touch on the amendments to the Companies Act 71 of 2008 (Companies Act) that are coming into effect from 1 April 2023 and which will regulate the disclosure by companies of their beneficial ownership – in other words, disclosure of the person or persons who ultimately (directly or indirectly) own or control the company.
The Competition Commission (Commission) published its final set of Guidelines on the Exchange of Competitively Sensitive Information between Competitors (Guidelines) on 24 February 2023. While the Guidelines are not binding on the Commission, Competition Tribunal or Competition Appeal Court in the exercise of their respective discretions and interpretations of the Competition Act 89 of 1998 (Competition Act), the Guidelines must be considered when interpreting and applying the Competition Act.
Generally, lenders do not have an implicit contractual right to demand repayment of a full outstanding amount unless the loan agreement contains an acceleration clause. An acceleration clause is typically phrased in a manner that makes the full amount of the loan immediately due and payable in the event of a default.
The Economic Freedom Fighters (EFF) has announced a national shutdown on 20 March 2023. According to the EFF, the purpose of the shutdown is to highlight South Africa’s socio-economic issues, including load shedding. The intention is to bring economic activity and movement to a halt by blocking road networks and disrupting the flow of services and goods.
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Investor-state dispute settlement ("ISDS") has long been contentious within Southern Africa largely because of the South African government's policy position towards international investment arbitration.
Following the publication of a similar list in December 2020, the Kenyan Trade Marks Registrar has now published a list of 2496 trademark registrations.
The Ministry of Petroleum and Mining issued a public notice on 14th February 2021.
Kenya Managing Partner, Sammy Ndolo ranked in Chambers Global 2021.
Widely reported last week is a plan by the Treasury to set up an Unemployment Insurance Fund (UIF), in order to assist the unemployed as a result of the COVID-19 pandemic. As reported, the plan seems rather simple; a 1% tax will be levied on employees and employers alike in order to fund the UIF and offer a monthly stipend to the unemployed, or those unable to work due to illness.
Partner Desmond Odhiambo and Associate Peter Mutema recently contributed to the 2020 edition of Getting The Deal Through - Labour and Employment.
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Aadil Patel, Practice Head in our Employment Law practice, spoke to SABC News regarding SA's healthcare services being disrupted due to the NEHAWU wage strike.
South Africa has officially been greylisted. Krevania from our Corporate Investigations sector discussed this with eNCA.
CDH Kenya Partner, Alex recently spoke to KBC about the expansion of taxpayers in Kenya, an antidote to the country's debt crisis
As the world commemorates the annual 16 Days of Activism Against Gender-Based Violence, in South Africa we place a specific focus on no violence against women and children. According to a study by the University of South Africa/Universiteit van Suid-Afrika, sexual harassment in the workplace is increasing, with over 51 830 sexual offences committed annually. Hedda Schensema, Director in our Employment Law practice discussed this in more detail with eNCA.
Alex Kanyi, Partner in the Nairobi Tax & Exchange Control practice recently sat down with NTV to discuss the changing tax laws in Kenya.
Social media has radically transformed our modes of communication, however, there are inherent dangers, given the public nature of these platforms. Phetheni Nkuna, Director in our Employment Law practice discusses how we should balance the scales between sharing an opinion, fair comment, and defamation of character, with eNCA
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Tendai Jangara, Director in the Corporate Investigations sector joined Evan Pickworth on Business Day's Business Law Focus, to discuss the continuing plight whistle-blowers.
Aadil Patel, Head of our Employment Law Practice, speaks to 702 regarding SA's healthcare services disrupted due to Nehawu wage strike.
Njeri Wagacha talks to Iain Usiri, CEO & Co-Founder of Ramani, a point-of-sale distribution business in Tanzania.
Brazil is considering several bills that may result in imprisonment for failure to comply with that country's mandatory vaccination regulations. If passed into law, citizens of Brazil may be imprisoned for refusing to vaccinate and for spreading misinformation about Covid-19 vaccinations. The developments in Brazil may resuscitate discussions in the workplace about the implementation of mandatory vaccination policies in the context of South Africa and the developments across the globe.
Following Minister Godongwana's 2023 Budget Speech, Jerome Brink, Director in our Tax & Exchange Control Practice discussed the key points with Channel Africa.
CDH Conversations Podcast hosted Director Bongani Masuku and Associate Tshepiso Rasetlola from the Employment Law Practice, where they discussed the general principles of retrenchments and, how it affects fixed-term contract employees.
