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One right two many - A tale of two rights: The double granting of mineral rights decided upon
21 August 2019 Mining & Minerals

One right two many - A tale of two rights: The double granting of mineral rights decided upon

Mining in South Africa is no mean feat and oftentimes requires a feat of engineering. However, before there can be boots and excavators on (or under) the ground, a right is required in order to extract the precious metals and minerals that make millions. The Department of Mineral Resources (DMR) is responsible for the granting of mining rights and prospecting rights to extract minerals, however in the case of Aquila Steel (S Africa) (Pty) Ltd v Minister of Mineral Resources and Others (CCT08/18) [2019] ZACC 5; 2019 (4) BCLR 429 (CC); 2019 (3) SA 621 (CC) (15 February 2019) the DMR granted two prospecting rights on the same land to two different entities. The saga unfolds…

Recognition of Customary Marriages Amendment Bill: Matrimonial property regimes applicable to customary, polygynous marriages
19 August 2019 Trusts & Estates

Recognition of Customary Marriages Amendment Bill: Matrimonial property regimes applicable to customary, polygynous marriages

On 24 July 2019, Cabinet approved submission of the Draft Recognition of Customary Marriages Amendment Bill of 2019 (Draft Bill) to Parliament. The Draft Bill seeks to amend certain provisions of the Recognition of Customary Marriages Act, No 120 of 1998 (Act), particularly with regard to the matrimonial property regimes applicable to polygynous, customary marriages.

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One right two many - A tale of two rights: The double granting of mineral rights decided upon
21 August 2019 Mining & Minerals

One right two many - A tale of two rights: The double granting of mineral rights decided upon

Mining in South Africa is no mean feat and oftentimes requires a feat of engineering. However, before there can be boots and excavators on (or under) the ground, a right is required in order to extract the precious metals and minerals that make millions. The Department of Mineral Resources (DMR) is responsible for the granting of mining rights and prospecting rights to extract minerals, however in the case of Aquila Steel (S Africa) (Pty) Ltd v Minister of Mineral Resources and Others (CCT08/18) [2019] ZACC 5; 2019 (4) BCLR 429 (CC); 2019 (3) SA 621 (CC) (15 February 2019) the DMR granted two prospecting rights on the same land to two different entities. The saga unfolds…

Recognition of Customary Marriages Amendment Bill: Matrimonial property regimes applicable to customary, polygynous marriages
19 August 2019 Trusts & Estates

Recognition of Customary Marriages Amendment Bill: Matrimonial property regimes applicable to customary, polygynous marriages

On 24 July 2019, Cabinet approved submission of the Draft Recognition of Customary Marriages Amendment Bill of 2019 (Draft Bill) to Parliament. The Draft Bill seeks to amend certain provisions of the Recognition of Customary Marriages Act, No 120 of 1998 (Act), particularly with regard to the matrimonial property regimes applicable to polygynous, customary marriages.

Fora(ging) for tax relief – a judgment about reviewing a SARS assessment or decision
16 August 2019 Tax & Exchange Control

Fora(ging) for tax relief – a judgment about reviewing a SARS assessment or decision

In terms of South African tax law, where a taxpayer wishes to object or appeal against an assessment issued by or decision made by the South African Revenue Service (SARS), it must do so in the manner prescribed in the Tax Administration Act, No 28 of 2011 (TAA). Where a dispute is not resolved pursuant to an objection lodged by a taxpayer, the taxpayer can appeal the decision to the Tax Court.

Warrantors beware: An independent contractor can be your “agent”
14 August 2019 Corporate & Commercial

Warrantors beware: An independent contractor can be your “agent”

When negotiating commercial agreements (such as sales and leases), parties typically spend a lot of time on the warranties. A warranty is a contractual term by which a party to a contract assumes absolute liability for the accuracy and proper performance thereof, to the extent that he cannot rely on impossibility of performance or absence of knowledge of fault to escape liability (but this may of course be modified by the wording of the warranty in question). Sometimes one finds a qualification/limitation to a party’s liability under a warranty to the effect that a party shall not be liable for damages other than those occasioned by the party’s “employees, servants or agents” (Agent Qualification).

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5 legal tips for start-ups
25 October 2018 Corporate & Commercial

5 legal tips for start-ups

Many highly successful start-ups are bedevilled by legal disputes, often between founders or funders, which could have been easily avoided. The story of McDonalds is one example. It was founded by brothers, Richard and Maurice McDonald, who were ultimately allegedly short-changed by Raymond Albert "Ray" Kroc, who joined the business after its establishment but took all the glory (and the money). How? Because they did not put legal agreements in place to regulate their partnership.

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Proposed gambling tax draft legislation
26 June 2019 Tax & Exchange Control

Proposed gambling tax draft legislation

Louis Botha, Associate in the Tax & Exchange Control practice, joined eNCA to discuss the proposed gambling tax draft legislation that will be introduced during 2019.

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Structural and systemic unemployment crises
12 August 2019 Employment

Structural and systemic unemployment crises

Hugo Pienaar, Director in the Employment practice joined the Classic Business Show on Classic FM. He discusses the structural and systemic unemployment crises with reference to various international models. He also states that a social accord is necessary between government, labour and business.