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To see or not to see: Taxpayer confidentiality in the High Court
26 May 2022 Tax & Exchange Control

To see or not to see: Taxpayer confidentiality in the High Court

Following the High Court’s decision regarding the disclosure of former President Jacob Zuma’s tax returns (see our Tax & Exchange Control Alert of 18 November 2021), the confidentiality (or possible lack thereof) of taxpayer information has entered the public mind.

Stricter rules for CRS compliance
26 May 2022 Tax & Exchange Control

Stricter rules for CRS compliance

On 9 October 2020, the South African Minister of Finance published updated regulations (2020 Regulations) to align with the OECD’s Standard for Automatic Exchange of Financial Account Information in Tax Matters (CRS). The 2020 Regulations repeal the regulations published in Government Gazette No. 39767 on 2 March 2016 (2016 Regulations) and have generally been in force since 1 June 2021, except for paragraph B of section XI which is intended to take effect from 1 March 2023.

Extension of implementation date for recordation of intellectual property rights
26 May 2022 Technology, Media & Telecommunications

Extension of implementation date for recordation of intellectual property rights

Kenya established the legal framework for the recordation of trademarks and other intellectual property rights (IPRs) through the amendment of the Anti-Counterfeit Act (Act) in 2019, and the adoption of the Anti-Counterfeit (Recordation) Regulations, 2021 (Regulations). The mandate of implementing this legal framework is bestowed upon the Anti-Counterfeit Authority (ACA), which is the regulatory body that is established under the Act to combat counterfeiting, trade of, and other dealings in counterfeit goods in Kenya.

Taking flight: Recent amendments to the Civil Aviation Act
25 May 2022 Corporate & Commercial

Taking flight: Recent amendments to the Civil Aviation Act

On 6 April 2022, President Cyril Ramaphosa assented to the Civil Aviation Amendment Act 22 of 2021 (Amendment Act). Once its commencement date is proclaimed, the Amendment Act will amend and expand on the provisions of the Civil Aviation Act 13 of 2009 (Civil Aviation Act) in relation to issues of aviation safety and security, enhanced environmental protection and regulatory compliance (amongst other things).

Almost 10 years in, and still no hope of being rescued: BRP slapped with personal punitive costs order
25 May 2022 Dispute Resolution

Almost 10 years in, and still no hope of being rescued: BRP slapped with personal punitive costs order

The recent case of Commissioner for the South African Revenue Services v Louis Pasteur Investments (Pty) and Others may be the first of its kind to admonish the actions of a business rescue practitioner (BRP) by granting personal punitive costs against the BRP where the business rescue proceedings endured for more than eight years and were set to continue for a further two years in terms of an adopted business rescue plan.

Insurance perils and more…
25 May 2022 Insurance Law

Insurance perils and more…

The recent floods in KwaZulu-Natal have triggered many insurance claims against insurers for losses suffered in connection with perils insured under a contract of insurance.

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To see or not to see: Taxpayer confidentiality in the High Court
26 May 2022 Tax & Exchange Control

To see or not to see: Taxpayer confidentiality in the High Court

Following the High Court’s decision regarding the disclosure of former President Jacob Zuma’s tax returns (see our Tax & Exchange Control Alert of 18 November 2021), the confidentiality (or possible lack thereof) of taxpayer information has entered the public mind.

Stricter rules for CRS compliance
26 May 2022 Tax & Exchange Control

Stricter rules for CRS compliance

On 9 October 2020, the South African Minister of Finance published updated regulations (2020 Regulations) to align with the OECD’s Standard for Automatic Exchange of Financial Account Information in Tax Matters (CRS). The 2020 Regulations repeal the regulations published in Government Gazette No. 39767 on 2 March 2016 (2016 Regulations) and have generally been in force since 1 June 2021, except for paragraph B of section XI which is intended to take effect from 1 March 2023.

Extension of implementation date for recordation of intellectual property rights
26 May 2022 Technology, Media & Telecommunications

Extension of implementation date for recordation of intellectual property rights

Kenya established the legal framework for the recordation of trademarks and other intellectual property rights (IPRs) through the amendment of the Anti-Counterfeit Act (Act) in 2019, and the adoption of the Anti-Counterfeit (Recordation) Regulations, 2021 (Regulations). The mandate of implementing this legal framework is bestowed upon the Anti-Counterfeit Authority (ACA), which is the regulatory body that is established under the Act to combat counterfeiting, trade of, and other dealings in counterfeit goods in Kenya.

Taking flight: Recent amendments to the Civil Aviation Act
25 May 2022 Corporate & Commercial

Taking flight: Recent amendments to the Civil Aviation Act

On 6 April 2022, President Cyril Ramaphosa assented to the Civil Aviation Amendment Act 22 of 2021 (Amendment Act). Once its commencement date is proclaimed, the Amendment Act will amend and expand on the provisions of the Civil Aviation Act 13 of 2009 (Civil Aviation Act) in relation to issues of aviation safety and security, enhanced environmental protection and regulatory compliance (amongst other things).

Almost 10 years in, and still no hope of being rescued: BRP slapped with personal punitive costs order
25 May 2022 Dispute Resolution

Almost 10 years in, and still no hope of being rescued: BRP slapped with personal punitive costs order

The recent case of Commissioner for the South African Revenue Services v Louis Pasteur Investments (Pty) and Others may be the first of its kind to admonish the actions of a business rescue practitioner (BRP) by granting personal punitive costs against the BRP where the business rescue proceedings endured for more than eight years and were set to continue for a further two years in terms of an adopted business rescue plan.

Insurance perils and more…
25 May 2022 Insurance Law

Insurance perils and more…

The recent floods in KwaZulu-Natal have triggered many insurance claims against insurers for losses suffered in connection with perils insured under a contract of insurance.

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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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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.

Trademarks and rebranding
1 March 2022 Technology, Media & Telecommunications

Trademarks and rebranding

Trademarks represent a form of intellectual property that is rooted in the heart of every business. It provides businesses with a unique identity for the brand, its products and/or services, which is how the enterprise connects with their stakeholders. A brand's identity is often refreshed, through corporate and commercial rebranding exercises which, by their nature, can affect its entire conceptual framework or structures such as its manifesto, mission and vision statement, core product line, etc. In this video, Shem Otanga, a Partner in CDH Kenya's IP, Technology, Media and Telecommunications practice, unpacks some of the legal and practical considerations that business owners should bear in mind while carrying out corporate and commercial rebranding exercises.

The importance of confidentiality
3 February 2022 Employment Law

The importance of confidentiality

As most South African employers formally implement work-from-office or hybrid work policies, both employers and employees must remain mindful of the risk of sexual harassment in virtual and physical work environments.

CCMA's arbitration award of Theresa Mulderij v Goldrush Group
31 January 2022 Employment Law

CCMA's arbitration award of Theresa Mulderij v Goldrush Group

Hedda Schensema, Director in our Employment Law practiced joined Newzroom Afrika to discuss the CCMA's arbitration award of Theresa Mulderij v Goldrush Group. The employee was dismissed for refusing to take the COVID-19 vaccine, the CCMA ruled that the dismissal was substantively fair.

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The Great Resignation
18 May 2022 Employment Law

The Great Resignation

The Great Resignation is a global trend in which employees have voluntarily resigned from their jobs, since early 2021. However, what happens when an employee changes their mind? Abigail Butcher, Associate in our Employment Law practice, discussed the best practice regarding the withdrawal of a resignation.

2022 Draft Rates Bill
13 May 2022 Tax & Exchange Control

2022 Draft Rates Bill

To implement the temporary R1.50 reduction of the fuel levy from April to May, the 2022 Draft Rates Bill, published with the Budget in February, had to be amended by government at the beginning of April. The Bill also deals with changes in tax rates and personal income tax thresholds. Louis Botha, Senior Associate in the Tax & Exchange Control Practice discusses the Bill and the temporary fuel levy reduction with Smile FM.

Njeri talks to Stephane Duproz
9 May 2022

Njeri talks to Stephane Duproz

This month Njeri talks to Stephane Duproz the Executive Director of Cassava Technologies, the holding company for Africa Data Centres. Stephane talks about how datacenters are changing the way data is held, stored, and used and how datacenters are shaping Africa’s technological footprint.