Rishal Bipraj
Judgment determines state liability, wrongfulness and the duty of care

Judgment determines state liability, wrongfulness and the duty of care[Rishal Bipraj] In an environment where much is made of accountability and transparency, a recent judgment has clarified the approach of the court in actions against the state based on improper commercial dealings...

Posted 19 days ago | Like
Harriet Beamish
Caution required as infrastructure sharing deals

Caution required as infrastructure sharing deals[Harriet Beamish] In the current economy, proven benefits and technological advances are underpinning the rise of shared infrastructure models across business sectors...

Posted 28 days ago | Like
Graeme Palmer
SCA clarifies relationship between VAT vendor and SARS

SCA clarifies relationship between VAT vendor and SARS[Graeme Palmer] The basic principle of VAT is that a vendor must account to the South African Revenue Service (SARS) for output tax on taxable supplies made after deducting any input tax incurred by him...

Posted 23 days ago | Like
Heinrich Louw
SARS releases ruling on sale of shares

SARS releases ruling on sale of shares[Heinrich Louw] The South African Revenue Service (SARS) released Binding Private Ruling No 189 on 19 February 2015, which dealt with the sale of shares subject to suspensive conditions...

Posted 27 days ago | Like
Mariëtte du Plessis
Artist's moral rights are separate from copyright

Artist's moral rights are separate from copyright[Mariëtte du Plessis] Creativity often involves making something new from an existing concept or work. It is here where artists may be too enthusiastic and may step on one another's toes...

Posted 30 days ago | Like
Leana Engelbrecht
Competition Tribunal approves Ellerine transactions

Competition Tribunal approves Ellerine transactions[Leana Engelbrecht] On 12 November 2014 and 12 December 2014, the Competition Tribunal approved two transactions relating to the attempts to raise capital for the struggling Ellerine group as part of the current business rescue process it is engaged in...

Posted 1 month ago | Like
Leana Engelbrecht
Competition Commission's appeal against SAB dismissed

Competition Commission's appeal against SAB dismissed[Leana Engelbrecht] The Competition Commission's appeal against South African Breweries Limited (SAB) was dismissed with costs in a judgment handed down on Monday, 2 February 2015 by the Competition Appeal Court (CAC)...

Posted 1 month ago | Like
Thabiso T. Tafila
Botswana passes legislation to combat terrorism

Botswana passes legislation to combat terrorism[Thabiso T. Tafila] The government of the Republic of Botswana has seen it fit to pass legislation which will provide measures to prevent and combat terrorism, provide for offences, including financing of terrorism...

Posted 2 months ago | Like
Prof Owen Dean
Straying from trade mark law principles a cause for concern

Straying from trade mark law principles a cause for concern[Prof Owen Dean] The Supreme Court of Appeal (SCA) has been blessed for the past few decades by having in its ranks judges who have experience and expertise in the field of Intellectual Property (IP) Law...

Posted 1 month ago | Like
Neil Kirby
Green skeletons: corporate social responsibility advances

Green skeletons: corporate social responsibility advances[Neil Kirby] 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...

Posted 3 months ago | Like
Justine Krige
Relationship between Companies Act and constitutional documents

Relationship between Companies Act and constitutional documents[Justine Krige] 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...

Posted 3 months ago | Like
Leana Engelbrecht
Mondi granted access to information used by the Commission to initiate complaint

Mondi granted access to information used by the Commission to initiate complaint[Leana Engelbrecht] 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...

Posted 3 months ago | Like
Heinrich Louw
No evidence justifying penalty

No evidence justifying penalty[Heinrich Louw] 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)...

Posted 3 months ago | Like
Chantelle Gladwin
CPA not applicable to majority of residential property sales

CPA not applicable to majority of residential property sales[Chantelle Gladwin] 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...

Posted 4 months ago | Like
Lucy Signorelli
Market for counterfeit goods in Africa on the rise

Market for counterfeit goods in Africa on the rise[Lucy Signorelli] 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.

Posted 4 months ago | Like
Professor Paul Benjamin
Change in BCEA can lead to claims against employers

Change in BCEA can lead to claims against employers[Professor Paul Benjamin] 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.

Posted 4 months ago | Like
Professor Paul Benjamin
Labour Appeal Court almost doubles judgments

Labour Appeal Court almost doubles judgments[Professor Paul Benjamin] This year the big question in labour law has been when the Labour Relations Act (LRA) Amendments will come into effect.

Posted 4 months ago | Like
Neil Kirby
The rise of the consumer

The rise of the consumer[Neil Kirby] 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.

Posted 5 months ago | Like
Jackwell Feris
Newmont discontinues arbitration after export restriction

Newmont discontinues arbitration after export restriction[Jackwell Feris] 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)...

Posted 5 months ago | Like
Graeme Palmer
UDZ tax incentive extended for six years

UDZ tax incentive extended for six years[Graeme Palmer] 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.

Posted 6 months ago | Like