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Green skeletons: corporate social responsibility advances
Green skeletons: corporate social responsibility advances

The term 'corporate governance', and possibly the term 'corporate social responsibility', is bandied about in commercial circles with an air of confidence that is most beguiling...

By Neil Kirby 12 Dec 2014 07:23

Mondi granted access to information used by the Commission to initiate complaint
Mondi granted access to information used by the Commission to initiate complaint

On 12 November 2014, the North Gauteng High Court issued its reasons in respect of the interlocutory application brought by Mondi Limited (Mondi) against the Competition Commission...

By Leana Engelbrecht 3 Dec 2014 10:50

Interpretation of fiscal legislation
Interpretation of fiscal legislation

The judgment of the Supreme Court of Appeal in Commissioner SARS v Bosch (394/2013) [2014] ZASCA 171 (19 November 2014) (Bosch case) dealing with the fiscal consequences of a deferred delivery transaction is not only important in the context of the meaning of simulation, but also with reference to the way in which legislation should be interpreted...

By Emil Brincker 3 Dec 2014 10:16

No evidence justifying penalty
No evidence justifying penalty

Judgment was handed down in the Tax Court on 18 November 2014 in the case of AB (Pty) Ltd v The Commissioner for the South African Revenue Service (case number 1132, as yet unreported)...

By Heinrich Louw 3 Dec 2014 09:41

Relationship between Companies Act and constitutional documents
Relationship between Companies Act and constitutional documents

The Companies Act, No 71 of 2008, provided for a two-year transitional period during which existing companies could file (without charge) an amendment to its articles of association to bring it in line with the Companies Act...

By Justine Krige 3 Dec 2014 09:15

Anton Harber
MPs more free in the street than in Parliament

I can stand in the street and call someone a thief. I can even call the president a thief. But I can't do it in Parliament. Something is topsy-turvy here...

By Anton Harber 21 Nov 2014 09:39

A case for independent, objective environmental assessment experts
A case for independent, objective environmental assessment experts

The independence and objectivity of EAPs are crucial factors impacting the quality, efficiency and effectiveness of environmental assessment in South Africa....

By SRK Consulting 20 Nov 2014 07:52

CPA not applicable to majority of residential property sales
CPA not applicable to majority of residential property sales

Since the promulgation of the CPA on 1 April 2011 there has been debate as to whether the voetstoots clause is permitted by the CPA...

By Chantelle Gladwin 20 Nov 2014 06:35

Grace Belger
Avoid lawyers and be human...

There is a lesson here for Cell C (and other companies, for that matter) in the Cell C banner debacle. When you are facing a reputational crisis, the worst reaction is to be defensive; run to the lawyers and advertise...

By Grace Belger 19 Nov 2014 15:21

Legal onslaught against bargaining councils receives temporary setback
Legal onslaught against bargaining councils receives temporary setback

The legal onslaught in the court room battle against bargaining councils and their collective agreements received a temporary setback in Misa v IA Macun and Others...

By Faan Coetzee 17 Nov 2014 16:12

Popularity of SA wines heightens threat of fraud
Popularity of SA wines heightens threat of fraud

A first at this year's Nedbank Cape Winemakers Guild Auction was the application of security foil strips to each bottle of wine on auction...

By Donvay Wegierski 12 Nov 2014 11:31

New withholding tax on interest soon into operation
New withholding tax on interest soon into operation

With the new withholding tax on interest soon coming into operation on 1 March 2015, preparations by affected parties for the tax should be well under way.

By Graeme Palmer 7 Nov 2014 07:59

Yossi Hasson
Managing risk: Why email archiving is critical

In a fast-moving and rapidly evolving business environment, which is undergoing a transformative shift to digital communications - it is increasingly important for businesses to protect themselves...

By Yossi Hasson 4 Nov 2014 09:26

Competition Commission approves Grohe acquisition
Competition Commission approves Grohe acquisition

The Competition Commission recently announced its unconditional approval of Grohe Luxembourg Four SA's acquisition of joint control over South African-based Apex Valves South Africa, Cobra Watertech, Isca, Libra Bathrooms, Vaal Sanitaryware and Expiro Manufacturing (Watertech Companies).

By Nazeera Mia 4 Nov 2014 07:45

Cross-shareholdings can create an element of transparency
Cross-shareholdings can create an element of transparency

Recently the Competition Commission conditionally approved a merger involving two cement producers, Holcim Limited and Lafarge SA.

By Nazeera Mia 4 Nov 2014 07:38

Change in BCEA can lead to claims against employers
Change in BCEA can lead to claims against employers

A change to the Basic Conditions of Employment Act (BCEA), which came into effect on 1 September this year, could have a big effect on practice in the Commission for Conciliation, Mediation and Arbitration (CCMA) and on employers who face claims of underpayment.

By Professor Paul Benjamin 3 Nov 2014 09:52

Market for counterfeit goods in Africa on the rise
Market for counterfeit goods in Africa on the rise

As business environments improve, Africa's urbanisation and middle class are growing rapidly. Over the past decade, six out of the 10 fastest-growing economies worldwide were in sub-Saharan Africa.

By Lucy Signorelli 3 Nov 2014 08:21

Labour Appeal Court almost doubles judgments
Labour Appeal Court almost doubles judgments

This year the big question in labour law has been when the Labour Relations Act (LRA) Amendments will come into effect.

By Professor Paul Benjamin 3 Nov 2014 07:37

Draft Code on equal pay available for comment
Draft Code on equal pay available for comment

The Minister of Labour published the Draft Code of Good Practice on equal pay for work of equal value (Draft Code) on 29 September 2014. The Draft Code is available for public comment until 31 October 2014.

By Jacques van Wyk 29 Oct 2014 07:39

The rise of the consumer
The rise of the consumer

The director-general of the Department of Trade and Industry has recently published an invitation for the public to comment on the Draft Consumer Goods and Services Sector Code of Conduct.

By Neil Kirby 23 Oct 2014 08:12

Newmont discontinues arbitration after export restriction
Newmont discontinues arbitration after export restriction

On 30 June 2014 the International Centre for Settlement of Investment Disputes (ICSID) received a request for arbitration from Nusa Tenggara Partnership B.V. and PT Newmont Nusa Tenggara (Newmont)...

By Jackwell Feris 21 Oct 2014 07:30

Subrogation entitles insurer to certain rights
Subrogation entitles insurer to certain rights

After your insurer indemnifies you in terms of your policy of insurance, your insurer has certain rights. One of those rights is the right of subrogation, either by common law or in terms of the insurance policy.

By Jayne Cross 21 Oct 2014 07:16

Debt collection and flight, fight or freeze concept
Debt collection and flight, fight or freeze concept

The scientific notion of flight, fight or freeze describes responses triggered by the perception that we are under physical or mental threat. This concept has percolated the legal fraternity over the years and it recently shared the spotlight with advocate Barry Roux and Gerrie Nel in the Oscar Pistorius trial.

By Keolebogile Mugabe 16 Oct 2014 11:23

MEC liable for damages after doctor's rape
MEC liable for damages after doctor's rape

An employee, who suffered the horrendous ordeal of being raped whilst on duty, is not precluded from suing her employer for damages.

By Johan Botes 13 Oct 2014 09:53

Private healthcare stakeholders to make submissions
Private healthcare stakeholders to make submissions

The Competition Commission has commenced with its market inquiry into the private healthcare sector in South Africa. The next step in the administrative timetable is for parties, referred to as stakeholders, to make written submissions to the panel before 31 October 2014.

By Neil Kirby 13 Oct 2014 07:35

UDZ tax incentive extended for six years
UDZ tax incentive extended for six years

In 2003 the Urban Development Zone (UDZ) tax incentive was introduced under section 13quat of the Income Tax Act, 1962 to promote urban renewal in demarcated areas.

By Graeme Palmer 26 Sep 2014 09:01

Concerns about reduction in interest deduction limitation rate
Concerns about reduction in interest deduction limitation rate

Interest deduction limitation provisions have been enacted in terms of s23N of the Income Tax Act, No 58 of 1962, which apply to so called 'reorganisation and acquisition transactions'.

By Andrew Lewis 26 Sep 2014 08:56

Fear of our dark depths keeps Farlam in shadows
Fear of our dark depths keeps Farlam in shadows

News editing is the art of deciding what is important and what is less important. Faced with a barrage of potential stories, events, people and issues to cover and huge competition for audience attention...

By Anton Harber 26 Sep 2014 07:19

Climate change: the South African scenario
Climate change: the South African scenario

On Tuesday, 23 September, more than 120 world leaders will meet in New York to announce how they each intend to tackle climate change.

By Sindy Peters 18 Sep 2014 11:49

John Mc Loughlin
When your good guy goes bad

One of our clients recently ousted one of its most trusted employees, who had been using the company's clients, intellectual property and contacts to run his own business, in direct competition with his current employer.

By John Mc Loughlin 17 Sep 2014 08:24

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