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SARS and Spur legal battle
22 October 2021 Tax & Exchange Control

SARS and Spur legal battle

Recently, the South African Revenue Service (SARS) and Spur have been at loggerheads regarding the restaurant group's R48 million share scheme incentive. Jerome Brink, Director in our Tax & Exchange Control Practice provided insight, from a legal perspective, on The Money Show with Bruce Whitfield

The end of share incentive schemes?
21 October 2021 Tax & Exchange Control

The end of share incentive schemes?

On 15 October 2021, in Commissioner for the South African Revenue Service v Spur Group (Pty) Ltd (Case no 320/20) [2021] ZASCA 145 (15 October 2021), the Supreme Court of Appeal (SCA) handed down judgment on whether a capital contribution made by an employer taxpayer to a trust established for purposes of an employee share incentive scheme was deductible for income tax purposes. The SCA also determined whether prescription applied in the circumstances. This article discusses the case and the impact of its findings on share incentive schemes in South Africa.

Trends in the private equity sector in 2021
21 October 2021 Private Equity

Trends in the private equity sector in 2021

In late August 2020, we published an article entitled “Emerging trends in the private equity industry in the post-pandemic environment” in which we touched on mitigation strategies that the private equity fund industry used to adapt to the economic crisis created by the COVID-19 pandemic.

The Central Bank of Kenya publishes guidance on climate-related risk management
21 October 2021 Finance & Banking

The Central Bank of Kenya publishes guidance on climate-related risk management

In the run up to the 26th UN Climate Change Conference of the Parties (COP 26) that will be held in Glasgow between 31 October and 12 November 2021, the Central Bank of Kenya (CBK) has published Guidance on Climate-Related Risk Management (Guidance), applicable to institutions licensed under Kenya’s Banking Act. These institutions include commercial banks and mortgage finance companies.

Competition Authority of Kenya issues notice on the prescription of minimum fees by professional associations
20 October 2021 Competition Law

Competition Authority of Kenya issues notice on the prescription of minimum fees by professional associations

On 5 October 2021, the Competition Authority of Kenya (CAK) published a notice addressed to professional associations cautioning them against setting minimum fees or prices that may be charged by their members, without observing the requirements of the Competition Act 12 of 2010 (Act). The Act describes a professional association as “the controlling body established or registered under any law in respect of recognised professions but does not include trade associations and industry lobby institutions or bodies whether incorporated or not”.

Dawn of data protection in the Competition space: Kenya and South Africa
20 October 2021 Competition Law

Dawn of data protection in the Competition space: Kenya and South Africa

Over the last few years, data has become a valuable and necessary tool for businesses to be able to undertake their operations efficiently and effectively. Individuals provide their personal data to businesses in exchange for various benefits such as access to online services and content and the businesses in turn use this data in a variety of ways.

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The end of share incentive schemes?
21 October 2021 Tax & Exchange Control

The end of share incentive schemes?

On 15 October 2021, in Commissioner for the South African Revenue Service v Spur Group (Pty) Ltd (Case no 320/20) [2021] ZASCA 145 (15 October 2021), the Supreme Court of Appeal (SCA) handed down judgment on whether a capital contribution made by an employer taxpayer to a trust established for purposes of an employee share incentive scheme was deductible for income tax purposes. The SCA also determined whether prescription applied in the circumstances. This article discusses the case and the impact of its findings on share incentive schemes in South Africa.

Trends in the private equity sector in 2021
21 October 2021 Private Equity

Trends in the private equity sector in 2021

In late August 2020, we published an article entitled “Emerging trends in the private equity industry in the post-pandemic environment” in which we touched on mitigation strategies that the private equity fund industry used to adapt to the economic crisis created by the COVID-19 pandemic.

The Central Bank of Kenya publishes guidance on climate-related risk management
21 October 2021 Finance & Banking

The Central Bank of Kenya publishes guidance on climate-related risk management

In the run up to the 26th UN Climate Change Conference of the Parties (COP 26) that will be held in Glasgow between 31 October and 12 November 2021, the Central Bank of Kenya (CBK) has published Guidance on Climate-Related Risk Management (Guidance), applicable to institutions licensed under Kenya’s Banking Act. These institutions include commercial banks and mortgage finance companies.

Competition Authority of Kenya issues notice on the prescription of minimum fees by professional associations
20 October 2021 Competition Law

Competition Authority of Kenya issues notice on the prescription of minimum fees by professional associations

On 5 October 2021, the Competition Authority of Kenya (CAK) published a notice addressed to professional associations cautioning them against setting minimum fees or prices that may be charged by their members, without observing the requirements of the Competition Act 12 of 2010 (Act). The Act describes a professional association as “the controlling body established or registered under any law in respect of recognised professions but does not include trade associations and industry lobby institutions or bodies whether incorporated or not”.

Dawn of data protection in the Competition space: Kenya and South Africa
20 October 2021 Competition Law

Dawn of data protection in the Competition space: Kenya and South Africa

Over the last few years, data has become a valuable and necessary tool for businesses to be able to undertake their operations efficiently and effectively. Individuals provide their personal data to businesses in exchange for various benefits such as access to online services and content and the businesses in turn use this data in a variety of ways.

Competition Commission’s guidelines on collaboration for the South African Value Chain Sugarcane Master Plan
20 October 2021 Agriculture, Aquaculture & Fishing

Competition Commission’s guidelines on collaboration for the South African Value Chain Sugarcane Master Plan

The South African sugar industry sustains an estimated one million livelihoods through direct and indirect employment. However, this important agricultural sector is also an industry in crisis due to factors such as global prices below South Africa’s cost of production; increasing volumes of low-priced tariff-free exports from Eswatini into the Southern African Customs Union; and the Health Promotion Levy, a tax on sugar-containing drinks. This “perfect storm” resulted in many South African sugarcane farmers and millers incurring unsustainable losses, with potentially devastating consequences for rural unemployment and poverty.

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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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The Cradock Four
2 August 2021 Dispute Resolution

The Cradock Four

Tim Fletcher, Head of our Dispute Resolution practice, joined eNCA to discuss the application in the Pretoria High Court to compel the National Prosecuting Authority to make a decision on whether it will prosecute those suspected of being behind the 1985 murder of the Cradock Four. CDH is acting on a pro bono basis for the family of Lukhanyo Calata, and others.

The state of business rescue in South Africa
22 July 2021 Dispute Resolution

The state of business rescue in South Africa

Belinda Scriba, Director in our Dispute Resolution practice joined Newzroom Africa to discuss the state of business rescue in South Africa. One of the major concerns raised is that the country may not have enough business rescue practitioners for the companies already in business rescue, let alone those rescues that are anticipated as a result of the latest civil unrest experienced in Gauteng and KwaZulu-Natal.

Recent action by the Competition Authority of Kenya
13 July 2021 Competition Law

Recent action by the Competition Authority of Kenya

CDH Kenya Corporate Partner, Njeri Wagacha joined The Situation Room on Spice FM. She discussed recent action by the Competition Authority of Kenya to fine bread manufacturers as part of its consumer protection agenda.

COVID-19 Mandatory Vaccination Policies
29 June 2021 Employment Law

COVID-19 Mandatory Vaccination Policies

Tamsanqa Mila, Senior Associate in our Employment Law practice joined Newzroom Afrika to discuss the COVID-19 Mandatory Vaccination Policies. He also gives insight into various COVID-19 employment law related issues in the workplace.

The unintended consequences of living together
15 June 2021 Trusts & Estates

The unintended consequences of living together

Trusts & Estates Senior Associate Linda Coffee-Kotze joined On Point on SABC 3 to contribute to a report on The (un)intended consequences of living together – why you should have a valid Will.

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SARS and Spur legal battle
22 October 2021 Tax & Exchange Control

SARS and Spur legal battle

Recently, the South African Revenue Service (SARS) and Spur have been at loggerheads regarding the restaurant group's R48 million share scheme incentive. Jerome Brink, Director in our Tax & Exchange Control Practice provided insight, from a legal perspective, on The Money Show with Bruce Whitfield

The considerations pertaining to an application for exemption from a mandatory vaccination policy based on religious grounds
11 October 2021 Employment Law

The considerations pertaining to an application for exemption from a mandatory vaccination policy based on religious grounds

As various businesses across South Africa attempt to return to some level of normality, the question of mandatory vaccine policies finds itself at the forefront. Dylan Bouchier and Alistair Dey-van Heerden from the CDH Employment Law practice, unpack the considerations around applications for exemption from mandatory workplace vaccine policies, based on religious grounds in light of the most recent international jurisprudence on the issue.

Njeri talks to Shanif Dewany, Charles Omanga and Nyokabi Manguyu
8 October 2021 Corporate & Commercial

Njeri talks to Shanif Dewany, Charles Omanga and Nyokabi Manguyu

On this month’s podcast Njeri talks to Shanif Dewany, Charles Omanga and Nyokabi Manguyu of Horizon Capital and the Asiri Group. Njeri, Shanif, Charles and Nyokabi tackle corporate law and its role in developing economies. Shanif, Charles and Nyokabi give a masterclass on understanding M&A, Corporate Finance, wealth management and succession planning in this important and informative discussion.

Abuse of business rescue in South Africa
7 October 2021 Business Rescue, Restructuring & Insolvency

Abuse of business rescue in South Africa

Kylene Weyers, Senior Associate in our Business Rescue, Restructuring & Insolvency sector, joined Kaya FM to discuss the abuse of business rescue in South Africa. She explains the regulation and how some companies exploit the business rescue scheme. She further unpacks the legal remedies for combating the abuse.

Religious and cultural wear at work
4 October 2021 Employment Law

Religious and cultural wear at work

Religious and cultural expression is of paramount importance among South Africans, and as we come down from the high of Heritage Day on 24 September, the conversation around religious, cultural, or political clothing in the workplace has come to the fore. Fiona Leppan, Director in our Employment Law practice delves into how the South African constitutions strikes a balance between cultural expression and workplace dress code policies.