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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 […]

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 […]

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.

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 […]

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 […]

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 […]

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 […]

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 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 […]

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 […]

The recent repudiation by Momentum of a life insurance policy, based on a non-disclosure by the insured, has emphasised the importance of disclosing all known facts to the insurer prior to the inception of the insurance policy.

Cryptocurrency has gained significant traction in the past few years and has become a risky, but potentially lucrative, investment or trading option.

Empowerment ratings are increasingly important for obtaining government contracts, licences and permits as well as doing work for any other business remotely reliant on government.

If you are reading this, it is probably because you have taken the plunge and decided to study law. Whatever your motivation to do so, you are probably well on your way to attaining an LLB degree. The issue that looms in most law students’ minds is what they will do after graduation, and whether practising as an attorney is the best course for them.

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 […]

AWARD-winning Cox Yeats has just received another prestigious honour, this time moving up in rankings to being independently voted the top medium-sized law firm in the country. Cox Yeats and its team of 45 handpicked professionals had been consistently a top achiever in the “small law” firm category in the PMR.Africa Diamond Arrow Awards. However, in the recent 2018 awards, it moved into first place in […]

In the 2017, in the case of Prince v Minister of Justice, the authority of the state to restrict what people eat, drink or smoke in their own homes was challenged on the grounds that it is an unjustifiable invasion of an individual’s right to privacy, dignity and freedom. The Western Cape High Court held that the use of […]

Business rescue was introduced in Chapter 6 of the Companies Act 71 of2008 (the Act) as a new corporate rescue mechanism to assist companies in South Africa who find themselves suffering from financial difficulty. Business rescue provides distressed companies with temporary relief to allow for their rehabilitation. The successful rescue of companies is key in South Africa […]