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The Freedom Charter was adopted by the Congress of the People in Kliptown in June 1955. It was, of course, a different time but the statements made on land remain important. The Charter stated that: “Restrictions on land ownership on a racial basis shall be ended, and all the land redivided amongst those who work […]
The Competition Act (the Act) was introduced in 1998 and required all large mergers to be assessed as to whether the merger was likely to prevent or lessen competition. Initially, very few mergers were prohibited on competition grounds but, in recent years, the Competition Commission (the Commission) has become much more active. In 2018, the […]
Many BEE ownership structures have utilised trusts as the vehicle for the ownership of equity in a company. These trust ownership structures have included broad based employee share ownership programmes, community trusts and charitable trusts. A great deal of good has been achieved by these organisations. These broad-based ownership structures have distributed significant sums to […]
INTRODUCTION Mining Charter III came into effect on 27 September 2018. It has been generally well received and, this time, is the product of substantial engagement between key stakeholders. Some of the concerning elements of the 2017 Charter have been removed. These include the requirement for existing rights to top up from 26% BEE ownership […]
1. Introduction It is quite clear that the ANC is intent on amending the Constitution to provide for expropriation without compensation. Despite all of the current debate, what exactly is proposed remains uncertain. Ramaphosa’s August letter to the London Financial Times gives some pointers. He stated that, although Section 25 of the Constitution permits, in […]
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The parliamentary committee is about to convene to consider whether section 25 of the Constitution should be amended to allow expropriation without compensation. Written submissions have been made and the road shows around the country completed. The core of the debate is whether land reform requires the Constitution to be amended. The Freedom Charter, adopted by the ANC in 1955, called for all land […]
On 9 June 2017, the Department of Trade & Industry published a notice requiring all parties involved in major B-BBEE transactions to register the transaction with the B-BBEE Commission within 15 days of concluding the transaction. In addition, major B-BBEE transactions concluded between 24 October 2014 and 8 June 2017 must be registered within 60 calendar days counted from 9 June 2017. The notice states […]
On 9 June 2017, the Department of Trade & Industry published a notice requiring all parties involved in major B-BBEE transactions to register the transaction with the B-BBEE Commission within 15 days of concluding the transaction. In addition, major B-BBEE transactions concluded between 24 October 2014 and 8 June 2017 must be registered within 60 […]
