No more tax breaks in foreign trusts and companies
Previously, individuals who wished to register companies or form trusts outside of South Africa, could easily do so and in most instances may have done so on the prudent advice of their financial advisor. The tax exemptions available to South African residents in receiving foreign dividends or distributions made placing funds in a foreign trust […]
B-BBEE Commission
The Broad-Based Black Economic Empowerment Commission (the Commission) was established under section 13B of the Broad Based Black Economic Empowerment Act 53 of 2003, as amended (the B-BBEE Act) with effect from 24 October 2014. The Commission is empowered to investigate any matter concerning broad-based black economic empowerment (B-BBEE) and is required to keep […]
When terms and conditions do not apply
Most businesses have a standard set of terms and conditions (“Ts & Cs”) which regulate the supply of goods and services to customers. Often a supplier provides a customer with a quote incorporating its Ts & Cs.
Heads of the Hydra – Putting an end to land invasions
Sometimes, people don’t care what the law says. Increasingly, that seems to be the case when it comes to the rights of a landowner. Land invasions are on the rise in KwaZulu-Natal, with no indication that the problem will go away any time soon. In a matter of hours a landowner’s property can be overrun by […]
The Impact of Appeals on Court Orders
Timing is a very important consideration to dispute resolution. The only lawful way to resolve a dispute, unless agreement is reached or there is a referral to arbitration, is to obtain a court order. There are two paths available to obtaining a court order. The first involves an application to court using affidavits. This is possible […]
Will the Expropriation Bill be the Death of Development in South Africa?
The latest Expropriation Bill, which was published in December 2018 (the Bill), has the potential to bring all development in South Africa to a screeching halt. Expropriation without compensation is a contentious issue in South Africa. Everyone appears to accept that South Africa needs to redress the injustices of the past and to do so, the demographic […]
Commissions of Inquiry – a Toothless Hound?
Over the past 6 years there have been a multitude of Commissions of Inquiry (‘COI’) convened to inquire into various scandals. COI’s steal the limelight and are almost inescapable in the news. We need to reflect, however, on what purpose a COI serves other than to keep the news interesting. It is, after all, tax payer’s money […]
Your Debts have an Expiry Date
It’s that time of year again. Businesses close, everyone goes off on holiday, and cheer abounds. While you’re relaxing for the holidays, however, your debtors book keeps ticking towards its sell-by date. Debts are subject to something called “prescription”. Once a debt prescribes, it is extinguished. Most debts, absent something more, prescribe three years after they […]
The CIDB Intervenes – New Best Practice Standard For Contractors
The Construction Industry Development Board (CIDB) has implemented a new Standard for Minimum Requirements for engaging Contractors and Subcontractors on Construction Works Contracts (‘the Standard’). The Standard was published in the Government Gazette on 9 November 2018 and is now in effect. The Standard establishes minimum requirements in the appointment of principal contractors and subcontractors on construction works […]
Operationally Justifiable Retrenchments
Section 189A(19) of the Labour Relations Act, 1995, as amended (the LRA), which regulates so called large scale retrenchments compelled the Labour Court to find that an employee was dismissed for a fair reason if: (a) the dismissal was to give effect to a requirement based on the employers economic logical, structural or similar needs; (b) the dismissal was operationally justifiable on rational grounds; (c) there was a […]