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SCA judgment brings end to interpretations of 'binding offer'

On 20 May 2015, the Supreme Court of Appeal (SCA) delivered judgment in the matter of African Banking Corporation of Botswana v Kariba Furniture Manufacturers & others, dealing decisively with (among other things) the proper interpretation of the words 'binding offer' as they appear in s153 of the Companies Act...

By Grant Ford and Lucinde Rhoodie 28 May 2015 06:20

© bahrialtay –
Possible removal of rebate evokes criticism

With effect from 1 January 2012, the South African government introduced s6quin of the Income Tax Act, No 58 of 1962, which provides for a rebate in respect of foreign taxes paid by a South African resident for services rendered within South Africa...

By Mareli Treurnicht and Heinrich Louw 27 May 2015 12:49

Provisions in Act can defer payment of CGT

If a person disposes of an asset during the current tax year, but only becomes entitled to payment in future tax years, the Income Tax Act, 1962 provides that the amount is deemed to have accrued to that person during the current tax year...

By Graeme Palmer 25 May 2015 06:49

© akz –
Competition Commission to investigate retail sector

The Competition Commission will soon be publishing its terms of reference to launch a market inquiry into parts of the retail sector...

By Ahmore Burger-Smidt and Kriska-Leila Goolabjith 22 May 2015 11:44

Who is obliged to report a reportable arrangement?

The list of reportable arrangements was extended by the South African Revenue Service in a notice (SARS Notice) published on 16 March 2015 in terms of s35(2) and s36(4) of the Tax Administration Act, No 28 of 2011 (TAA)...

By Ben Strauss 14 May 2015 13:12

© Sommai Larkjit –
Tax laws are not in line with growth in digital economy

Charles de Wet, head of Indirect Tax, PwC Africa, says South Africa's tax laws have not kept pace with the growth of the digital economy and changes in the way in which business is conducted...

14 May 2015 11:01

© Lucian Milasan –
Liquidation a tool to save a business

Starting a business involves risk. Sometimes businesses do well and sometimes they fail. That is just the nature of business...

By Nanika Prinsloo 13 May 2015 12:26

© epitavi –
Financial-news websites face off in high court

The clash of the financial-news websites kicked off in the High Court in Johannesburg this week, as Moneyweb accused Fin24 of stealing stories off its website...

12 May 2015 12:06

© jarek2313 –
Trade with Nigeria requires NAFDAC registration

Companies and individuals trading in the food industry, pharmaceutical and medical industry, and the cosmetics industry should be aware of the laws in Nigeria regarding the importation, manufacture, distribution, sale or even advertisement of their products...

By Rachel Habib 11 May 2015 07:03

SAA guarantee a delaying device, says Comair
SAA guarantee a delaying device, says Comair

SAA's precarious financial position was laid bare in the High Court in Pretoria on Tuesday, 5 May, as competitor Comair challenged the financial assistance provided by the government...

8 May 2015 07:16

© bahrialtay –
Financial transactions reportable to SARS

Certain financial transactions meeting the requirements set out in section 35 of the Tax Administration Act, 2011 are reportable to the South African Revenue Service (SARS) by the promoter or person who derives a tax or financial benefit from the arrangement...

7 May 2015 09:03

© gajus –
Consumer Protection Act protects car buyers

Many consumers are quick to threaten action by the CPA if they feel they've been duped, but the law isn't always on their side...

By Jeff Osborne 4 May 2015 08:34

Tribunal agrees settlement terms for cycle cartel
Tribunal agrees settlement terms for cycle cartel

Four of the 20 bicycle retailers and wholesalers implicated in a price-fixing scandal appeared before the Competition Tribunal yesterday, 29 April 2015...

By Roxanne Henderson and Kingdom Mabuza 30 Apr 2015 16:37

© epitavi –
Application to amend statement of grounds of assessment denied

Judgment was delivered by the Tax Court in the matter between ABC (Pty) Ltd v Commissioner for the South African Revenue Service (SARS) on 8 December 2014. The matter concerned, among other things, an application by SARS to amend its statement of grounds of assessment...

By Heinrich Louw 29 Apr 2015 13:05

© Ken Drysdale –
Tour packages are subject to VAT

The Cape Tax Court recently held that tour packages supplied by local tour operators (TO's) to foreign tour operators (FTO's) are subject to VAT at the standard rate and not the zero rate...

By Chris Eagar 29 Apr 2015 10:49 - new social network for lawyers - new social network for lawyers

Following its successful launch in the UK in January 2015, Mootis, the social networking and microblogging platform for lawyers and anyone interested in law, is launching in South Africa...

28 Apr 2015 13:52

© madpixblue –
New transport regulations can have far-reaching consequences

The recently introduced amendments to the National Road Traffic Regulations for goods-in-transit can have far-reaching consequences for the agricultural transport industry...

22 Apr 2015 13:35

© doomu –
Code of Conduct a further step in empowering consumers

It used to be that if one wished to complain about particular goods purchased or services received, one would need to wait in a queue in some dark corner of a store and argue one's case before a disinterested clerk...

By Neil Kirby 22 Apr 2015 07:48

© belchonock –
SAICA, IRBA issue guidance on section 90 of Companies Act

A document that provides guidance to registered auditors and chartered accountants on the application of section 90 of the Companies Act, 71 of 2008 has been issued by the Independent Regulatory Board for Auditors (IRBA) and the South African Institute for Chartered Accountants (SAICA)...

21 Apr 2015 07:50

© faithie –
Cape Town to host intellectual property conference

Cape Town is hosting the 2015 Fédération Internationale des Conseils en Propriété Intellectuelle (FICPI) World Congress...

16 Apr 2015 10:44

© olly –
COMESA announces changes to rules and regulations

Following a meeting of the Council of Ministers in Ethiopia, various amendments have been made to the Common Market for Eastern and Southern Africa (COMESA) Competition Rules and the COMESA Competition Regulations which came into effect on 26 March 2015...

15 Apr 2015 08:46

Constitutional Court judgement altered operation of in duplum rule

On 24 March 2015, the Constitutional Court handed down judgement in the case of Paulsen and Another v Slip Knot Investments 777 Proprietary Limited [2015] ZACC 5, which has altered the position of our law for the past 17 years in relation to the operation of the in duplum rule...

By Aarthi Ramdhin and Byron Nicol 15 Apr 2015 08:41

Sbu 'slips up' again
Sbu 'slips up' again

NEWSWATCH: 'Oops! I did it again...' Sibusiso Leope, aka DJ Sbu, is once again in hot water after using a fake SABS stamp of approval on his energy drink, it is reported...

14 Apr 2015 08:16

CPA empowers consumers to block direct marketing communications
CPA empowers consumers to block direct marketing communications

Direct marketing is often favoured as a popular means of product marketing. It is, however, often also a source of irritation for many consumers...

By Justine Krige 10 Apr 2015 09:01

Too much regulation?
Too much regulation?

Some pundits maintain that our fresh produce markets are over-regulated. I confess that I cannot make up my mind on the issue...

By Mike Cordes 10 Apr 2015 08:30

Legal requirements for your e-commerce business
Legal requirements for your e-commerce business

Simply put, electronic commerce or e-commerce is the selling and buying of goods or services, or the transmitting of funds or data, over the internet. The most common type of e-commerce is online shopping, which has become a booming international industry with more than one billion online shoppers worldwide...

By Wilmari Strachan 9 Apr 2015 11:55

Bowman Gilfillan partner appointed as vice-president of INSOL
Bowman Gilfillan partner appointed as vice-president of INSOL

Adam Harris, a partner at Bowman Gilfillan Africa Group, has been appointed as vice-president of the International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL International)...

8 Apr 2015 13:39

Consumer protection laws continue to develop
Consumer protection laws continue to develop

South African consumer protection legislation has undergone significant developments over the past few years. The regime has gradually developed to a point of prescribing contractual formalities in commercial contracts...

By Johann Scholtz and Balungile Khathi 7 Apr 2015 14:06

Reinstatement of deregistered companies has retrospective effect
Reinstatement of deregistered companies has retrospective effect

Administrative deregistration of companies are common place in South Africa, usually as a result of a company's failure to file its annual returns..

By Gabi Mailula and Andre Visser 7 Apr 2015 09:18

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