Our team acts for a leading SA based enterprise and supplier development advisory and project management firm
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- Our team acts for a leading SA based enterprise and supplier development advisory and project management firm
Our team acts for a leading SA based enterprise and supplier development advisory and project management firm
Our team acts for a leading South Africa-based enterprise and supplier development advisory and project management firm against a US-based company concerning the responsibility of the US Company for massive remediation activities at its cost in respect of a property sold to our client.
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by Vincent Manko and Nomlayo Mabhena-Mlilo
Procurement integrity and general procurement requirements
Public procurement is one of the government activities highly vulnerable to corruption. The financial interests at stake, the volume of transactions and the close interaction between public and private sectors in the awarding of public contracts all pose risks to the integrity of the procurement process. The findings of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State all bear testimony to this fact.
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31 Jan 2024
by Alex Kanyi and Billy Oloo
Tax stability and predictability for economic sustainability
Prior to deciding to introduce or redomicile a business in any country, an investor must always consider how favourable, stable, and predictable the country’s tax system is. The primary rationale for this is the need for certainty and guarantee regarding the future sustainability of investment in the host country. This predictability ensures that the investor can plan for their business, which includes planning ahead for tax liabilities and allocating resources appropriately and efficiently. On the other hand, a tax regime that is unstable and unpredictable has the opposite effect, that is, it hinders an investor’s power to consciously make investment decisions, which would ultimately be a deterrent, leading to capital flight and reduced economic activity. Foreign direct investment (FDI) is particularly sensitive to tax stability and predictability, as investors weigh the risks associated with potential changes in tax laws. Countries with consistent and transparent tax regimes are more likely to attract FDI, contributing to economic development and job creation.
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25 Jul 2024
by Imraan Mahomed, Taryn York, Leila Moosa and Thato Maruapula
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An employer must maintain a safe and healthy working environment. Watch our webinar for insights.
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Know your limitations: Lessons from English case law on limitations of liability
Managing risk and allocating liability forms the focal (and sticking) point of many agreements, whether transactional (e.g. a sale) or relationship-based (e.g. a services agreement). A limitation of liability clause may be used to limit a party’s liability in numerous ways, whether by time, amount or nature. Not only should a limitation of liability be carefully negotiated – it should also be carefully worded to ensure its interpretation aligns with the parties’ agreed principles. The English case of Drax Energy Solutions Limited v Wipro Limited EWHC 1342 (TCC) highlighted the importance of the wording used in a limitation of liability. The similarities between the rules of interpretation in England and South Africa allow significant lessons to be gleaned from the case.
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