Data Protection and Privacy Alert

“No frills” financial reporting disclosures: New amendments to JSE listings requirements

In furtherance of its Cutting Red Tape Project , the Johannesburg Stock Exchange (JSE) announced on 19 June 2023 that the Financial Sector Conduct Authority had approved certain amendments to the JSE Listings Requirements in respect of financial reporting disclosures, amongst other things.

Carbon tax changes related to the renewable energy premium deduction and carbon offset allowance

Recent amendments to South Africa’s trust and non-profit organisation legislation in response to the Financial Action Task Force greylisting: Part two

Part one of this series ( which you can read here ) dealt with the amendments that are relevant to non-profit organisations. As alluded to in that article, the General Laws (Anti Money Laundering and Combatting Terrorism Financing) Amendment Act 23 of 2022 also amended the Trust Property Control Act 57 of 1988 (TPCA). The Legislature passed amendments (effective from 1 April 2023) which impose disclosure and administrative obligations on trustees (specifically when transacting with institutions listed in the Financial Intelligence Centre Act 38 of 2002 (FICA)).

Don’t go banking on review

The ability to review our revenue service’s decisions in the High Court is a question that has plagued South Africa’s legal system since the amendment of section 105 of the Tax Administration Act 28 of 2011 (TAA). Now the highly anticipated decision of the Supreme Court of Appeal (SCA) in Commissioner, SARS v Absa Bank Ltd and Another ZASCA 125 (29 September 2023) ( Absa ), dealing with just this issue, has been handed down. However, no ground-breaking decision, as hoped, was forthcoming, and taxpayers have returned to square one.

Minister of Police’s attempt to condone his nearly three-year delay of litigation dismissed with costs

Our Cape Town-based Pro Bono & Human Rights Practice represents a 25-year-old transgender woman, referred to as Ms B. Ms B’s family has never accepted her transgender identity. So much so that picking fights with her on a Friday night and calling the local police to arrest and keep her in their cells for the weekend, was a regular occurrence. This scene played out once more on one fateful night in December 2016.

Minority protections against oppressive and/or prejudicial amendments to an MOI

When considering the age-old question of which provisions should be contained in the memorandum of incorporation (MOI) and which provisions should be contained in the shareholders’ agreement (SHA), one important consideration which is often overlooked is the threshold required to amend an MOI as opposed to an SHA.