Our team is involved in several matters concerning the National Prosecuting Authority
Our team is involved in several matters concerning the National Prosecuting Authority
Our team is involved in several matters concerning the failure of the National Prosecuting Authority to prosecute persons who were involved in murder and other serious offences during the apartheid years and who were unsuccessful in securing amnesty.
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20 Nov 2024
by Carmin Botha
Deferred purchase price and interest in share sale agreements: The National Credit Act
The National Credit Act 34 of 2005 (NCA) is not a piece of legislation that springs to mind when negotiating share sale transactions. This is mainly since share sale transactions typically do not constitute credit agreements and, if they do (due to payment deferral provisions), the NCA still wouldn’t apply where the purchaser (being the “ credit consumer ”) is a juristic person whose annual turnover or asset value equals or exceeds R1 million or where the purchase price is R250,000 or more, and the purchaser’s annual turnover or asset value is below R1million.
Corporate & Commercial Law
6 min read
9 Apr 2025
by Stefani Wanjeri
Affirming the high standards for succeeding in bringing a derivative action under the Kenyan Companies Act
In Wilkins Lovega Chagadwa v Witteveen and Another; Medlink Africa Limited and Seven Others (Interested Parties) KEHC 368 (KLR) Wilkins Lovega Chagadwa (the plaintiff), a minority shareholder (25%) and former director of Medlink Africa Limited (the company) filed a notice of motion seeking leave to amend his plaint to continue the suit as a derivative action on behalf of the company against the defendants, who are its majority shareholders (75% collectively) and directors.
Corporate & Commercial Law
4 min read
6 Feb 2025
by Nicholas Carroll
Objecting to an additional assessment: When playing possum isn’t an option
When a taxpayer is aggrieved by an assessment raised by the South African Revenue Service (SARS), the first step in disputing this is to file an objection under section 104 of the Tax Administration Act 28 of 2011 (TAA). In the recent case of Dr X and Dr X Inc v Commissioner, SARS (52/2023), the Tax Court dealt with the importance of complying with the requirements of Rule 7(2)(b) of the dispute resolution rules promulgated under section 103 of the TAA (Rules) in order for an objection to be valid. The Tax Court also clarified some of these prescribed requirements.
Tax & Exchange Control
7 min read
21 Jan 2025
The department of employment and labour workplace inspection process
Labour Inspectors (Inspectors), appointed and empowered under Chapter 10 of the Basic Conditions of Employment Act, 75 of 1997 (BCEA), have the duty to ensure compliance with our various labour legislations.
1 min read
19 Mar 2025
by Tayyibah Suliman and Izabella Gutlar-Balkovic
New CCTV by-law from the City of Johannesburg
The council for the City of Johannesburg Metropolitan Municipality (CoJ) recently approved the Privately-Owned Closed-Circuit Television Surveillance Camera By-Law (CCTV Camera By-Law). The CCTV Camera By-Law aims to promote the lawful and constitutional use of closed-circuit television (CCTV) cameras in public areas through the regulation and registration of privately-owned CCTV surveillance cameras. According to the CoJ, this is in the hopes of creating a safer city and safeguarding the constitutional rights to human dignity privacy, security of persons, freedom of movement and general well-being of the community.
Corporate & Commercial Law
5 min read
15 Jan 2025
by Nastascha Harduth
Implications for creditors in light of Van Zyl v Auto Commodities (Pty) Ltd revisited: Understanding sections 154(1) and 154(2) of the South African Companies Act 71 of 2008
The South African Companies Act 71 of 2008 (Companies Act) provides a framework for business rescue proceedings, aimed at rehabilitating financially distressed companies. Sections 154(1) and 154(2) of the act are particularly significant as they address the consequences of a business rescue plan for creditors’ claims. The case of Van Zyl v Auto Commodities (Pty) Ltd (ZASCA 67) offers valuable insights into the interpretation and application of these provisions, especially concerning the liability of sureties.
Corporate Debt, Turnaround & Restructuring
4 min read