The unlucky purchase
In 2011 the Passenger Rail Agency of South Africa (“PRASA”) decided that the time had come to replace a large number of its outdated locomotives. Mr B Mtimkulu, the then Executive Manager: Engineering Services of PRASA, submitted a memorandum to the then Group Chief Executive Officer of PRASA, Mr Lucky Montana, recommending that PRASA source […]
The art of exclusion
On 14 March 2019, in Centriq Insurance Company Limited v Oosthuizen & Another (237/2018) [2019] ZASCA 11, the Supreme Court of Appeal (“SCA”) delivered judgment in an appeal from the Free State Division of the High Court concerning the interpretation of a professional indemnity insurance policy underwritten by Centriq Insurance Company Ltd (“Centriq”). The policy […]
SADC Tribunal – Toothless Wonder
THE SADC TRIBUNAL: FORMER PRESIDENT’S TOOTHLESS WONDER, ALMOST. The Constitutional Court was again called upon to pronounce on the constitutionality of the conduct of the former President Jacob Zuma and has again found against him. The case arises from the former President’s negotiation and signing of the 2014 Protocol on the Tribunal in the Southern […]
Estate Planning 2019
As at the 1st March 2019 the relevant rates of tax are as follows: Estate Duty – Estate duty is payable at the rate of 20% of the net value of assets in the estate in excess of the sum of R3 500 000,00. The rate will increase to 25% for estates over R30 000 000.00. Estate duty is […]
Construction Law Bulletin
INTRODUCTION The Supreme Court of Appeal described the appellant’s case as unusual, contrived, opportunistic and entirely without merit. The appellant, an attorney, was retained in 2003 by Thales South Africa (Pty) Ltd (“Thales”), the South African subsidiary of a well known French arms manufacturer that had become mired in controversy following the South African arms […]
Update on protective writs
On 1 February 2019, the Supreme Court of Appeal of South Africa (SCA) delivered a seminal judgment on the topic of protective writs in South African admiralty law. In the majority judgment of the Seaspan Grouse, written by Wallis JA and Schippers JJA, it was held that a maritime claimant who has issued a protective […]
Expropriation without Compensation Presentation
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Expropriation without Compensation
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 […]
Mining Charter III
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 […]
Companies Amendment Bill
In the recent Companies Amendment Bill (Bill), several material changes to the Companies Act, 2008 (Act) were proposed. This circular discusses the key items. Submissions on the Bill will be accepted up until 20 November 2018 and we are available to make submissions on any aspect on your behalf. ACCESS TO INFORMATION Presently, members […]