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The end of the road for preference shares as funding instrument?

Preference share funding structures have become increasingly popular in South Africa. A preference share funding structure involves the subscription by a financier for preference shares in the share capital of a company, with these preference shares having a pre-agreed dividend rate and capital redemption profile. The reason why this funding structure is often preferred is because the dividends on preference shares received by certain holders are exempt from income tax, while interest on loans often cannot be deducted from the income of the borrower.

Beyond the delay: Unpacking technical aspects of the 2025 Budget

Hallucination Complications

As artificial intelligence (AI) tools become increasingly embedded in legal practice, South African legal practitioners (and potentially their insurers) face a new risk, challenging traditional professional liability and insurance coverage. These developments raise the question as to whether professional indemnity insurance will cover attorneys and advocates when AI-generated errors lead to client losses.

High Court judgment on loan agreement dispute when a lender is not registered as a credit provider

On or about 16 January 2023, Baletsema Proprietary Limited (the lender) and Phek Engineering & Suppliers CC (the borrower) concluded a written loan agreement, where the lender advanced an amount of R500,000 to the borrower, with R100,000 payable on or before 17 February 2023 and R600,000 payable on or before 6 March 2023. This was secured by the borrower’s immovable and movable property. The loan agreement attracted administration fees and interest at an unspecified percentage but was capped at an amount of R200,000. Additionally, the loan agreement attracted a daily penalty interest of 20%, compounded monthly.

Now that the shock has settled, some thoughts on the ‘rumoured’ 2% VAT hike

There has been a lot of commotion over the past week pursuant to the postponement of the Budget until 12 March 2025. The postponement will likely have significant legal and fiscal implications, some of which we may not yet fully appreciate, given the unprecedented nature of this event. But commotions aside, what would an increase of value-added tax (VAT) from 15% to 17% mean for South Africa, its budget strategy and the ordinary person on the street? We consider this question and also briefly consider whether there are any viable alternatives to raising the VAT rate.

The fate of digital credit providers following the amendment of sections 33S and 57 of the Central Bank of Kenya Act

Kenya has witnessed rapid digital transformation over the last couple of years, which was precipitated by the COVID-19 pandemic and aided by technological advancements and the increased penetration of mobile phones in the Kenyan market. As a result, there has been explosive growth in the digital lending sector with non-bank financial institutions, including telecommunication service providers and fintech companies, joining the fray.