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Taxpayers beware – record keeping is fundamentally important
7 July 2022 Tax & Exchange Control

Taxpayers beware – record keeping is fundamentally important

In the recent Tax Court judgment of Taxpayer Z v Commissioner of the South African Revenue Services (Case No. 35448) (16 March 2022), the court had to determine the consequences arising from the questionable actions of the “controlling mind” of the taxpayer – both in respect of the tax position they adopted and the manner in which they engaged with the South African Revenue Service (SARS).

Four day work week
7 July 2022 Employment Law

Four day work week

During her interview with 702, to discuss the global trend of a four-day work week, Fiona Leppan, Director in our Employment Law practice noted that, "doing collaborative sessions with employees and daily check-ins with them, where you are clearly defining their daily and weekly deliverables to make sure they are all met."

Registering an LLP in South Africa as an External Company
6 July 2022 Corporate & Commercial

Registering an LLP in South Africa as an External Company

South African law does not provide for limited liability partnerships (LLP) formed under statute, such as in other countries. Partnerships in South Africa are merely contracts under common law and are not regulated by specific pieces of legislation in the same way that close corporations, companies and trusts are. Partnerships are also not regarded as legal or juristic persons. A question then arises: can and should an LLP incorporated in a foreign country be registered as an external company in South Africa where it undertakes activities in South Africa?

The right to cancel a contract: Does it prescribe?
5 July 2022 Dispute Resolution

The right to cancel a contract: Does it prescribe?

One often finds that parties who have concluded a written contract proceed as though it never exists. Most times, the contract is referred to when one of the parties commits a breach or when one of the parties wishes to exit the agreement. Aside from these instances, parties generally go about their affairs without regard to the terms.

Ready for take off: Kenya introduces a tax incentive for carbon trading
4 July 2022 Tax & Exchange Control

Ready for take off: Kenya introduces a tax incentive for carbon trading

Kenya’s Finance Act Number 22 of 2022 (Finance Act) has introduced a tax incentive that encourages the use of market approaches for low carbon development. The Finance Act, which was assented to on 21 June 2022, introduces a corporate tax incentive for companies operating a carbon market exchange or emission trading system, in a first of its kind incentive for Kenya.

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Taxpayers beware – record keeping is fundamentally important
7 July 2022 Tax & Exchange Control

Taxpayers beware – record keeping is fundamentally important

In the recent Tax Court judgment of Taxpayer Z v Commissioner of the South African Revenue Services (Case No. 35448) (16 March 2022), the court had to determine the consequences arising from the questionable actions of the “controlling mind” of the taxpayer – both in respect of the tax position they adopted and the manner in which they engaged with the South African Revenue Service (SARS).

Registering an LLP in South Africa as an External Company
6 July 2022 Corporate & Commercial

Registering an LLP in South Africa as an External Company

South African law does not provide for limited liability partnerships (LLP) formed under statute, such as in other countries. Partnerships in South Africa are merely contracts under common law and are not regulated by specific pieces of legislation in the same way that close corporations, companies and trusts are. Partnerships are also not regarded as legal or juristic persons. A question then arises: can and should an LLP incorporated in a foreign country be registered as an external company in South Africa where it undertakes activities in South Africa?

The right to cancel a contract: Does it prescribe?
5 July 2022 Dispute Resolution

The right to cancel a contract: Does it prescribe?

One often finds that parties who have concluded a written contract proceed as though it never exists. Most times, the contract is referred to when one of the parties commits a breach or when one of the parties wishes to exit the agreement. Aside from these instances, parties generally go about their affairs without regard to the terms.

Ready for take off: Kenya introduces a tax incentive for carbon trading
4 July 2022 Tax & Exchange Control

Ready for take off: Kenya introduces a tax incentive for carbon trading

Kenya’s Finance Act Number 22 of 2022 (Finance Act) has introduced a tax incentive that encourages the use of market approaches for low carbon development. The Finance Act, which was assented to on 21 June 2022, introduces a corporate tax incentive for companies operating a carbon market exchange or emission trading system, in a first of its kind incentive for Kenya.

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Treasury to Implement an Unemployment Insurance Fund
23 March 2021 Employment Law

Treasury to Implement an Unemployment Insurance Fund

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.

Labour and Employment Guide 2020
23 March 2021 Employment Law

Labour and Employment Guide 2020

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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Turnaround Talks | Unpacking the Comair saga
4 July 2022 Dispute Resolution

Turnaround Talks | Unpacking the Comair saga

Director and Head of our Business Rescue, Restructuring & Insolvency sector Tobie Jordaan, with Directors, Lucinde Rhoodie, Belinda Scriba, Roxanne Webster, and Associate Nseula Chilikhuma were panellists at a virtual round table discussion in collaboration with Turnaround Talks. The discussion unpacked the Comair saga and the lessons that can be learnt after it was placed under provisional liquidation by the South Gauteng High Court in Johannesburg.

High Court's decision to place Comair under provisional liquidation
20 June 2022 Dispute Resolution

High Court's decision to place Comair under provisional liquidation

"Are you going to see your money again?", Morning Live host Leanne Manas says that’s the question on everyone's mind following the High Court's decision to place Comair under provisional liquidation. Tobie Jordaan, Sector Head in our Business Rescue, Restructuring & Insolvency Sector, sat down with Morning Live to discuss the impact of the court's decision.

Comair under provisional liquidation
20 June 2022 Dispute Resolution

Comair under provisional liquidation

Following the High Court's decision to place Comair under provisional liquidation on 14 June 2022, Roxanne Webster, Director in our Business Rescue, Restructuring, & Insolvency Sector discussed the impact of this decision on travellers, with Newzroom Afrika.

Retrenchment due to not vaccinating
20 May 2022 Employment Law

Retrenchment due to not vaccinating

Hugo Pienaar, Director in our Employment Law practice, delved into a recent CCMA case where an employee, who refused to be vaccinated in terms of the employer's compulsory vaccination policy, was retrenched and forfeited their severance pay.

Human rights in the workplace
25 March 2022 Employment Law

Human rights in the workplace

Bongani Masuku, Director in our Employment Law practice, discussed human rights in the workplace, and what employers need to be mindful of so to not discriminate.

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Four day work week
7 July 2022 Employment Law

Four day work week

During her interview with 702, to discuss the global trend of a four-day work week, Fiona Leppan, Director in our Employment Law practice noted that, "doing collaborative sessions with employees and daily check-ins with them, where you are clearly defining their daily and weekly deliverables to make sure they are all met."

Fixed term contracts - What they don't tell you
4 July 2022 Employment Law

Fixed term contracts - What they don't tell you

A fixed term contract is a contract of service for a specified period of time. Despite having a clear end date, the Courts in Kenya have held that there are certain instances that an employee can have a legitimate expectation of the renewal of the contract.

What are the next steps for Comair
24 June 2022 Business Rescue, Restructuring & Insolvency

What are the next steps for Comair

The provisional liquidation Comair continues to raise questions on what will happen going will forward. Vincent Manko, Director in our Business Rescue, Restructuring & Insolvency sector discussed the next steps for Comair with SAfm.

Wearing of masks may be a thing of the past
22 June 2022 Employment Law

Wearing of masks may be a thing of the past

With a steady decline in infection rates, hospitalisations and deaths related to COVID-19, the Minister of Health has recommended a reconsideration of the COVID-19 regulations pertaining to the wearing of masks indoors, the limitations on gatherings and the regulations pertaining to entry requirements.

Increasing need for regulation in the crypto
21 June 2022 Dispute Resolution

Increasing need for regulation in the crypto

It has become clear that blockchain technology and the cryptocurrencies it supports are here to stay. Kara Meiring, Associate in our Dispute Resolution practice discussed the increasing need for regulation in the crypto markets on Channel Africa's African of the Future.