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SOUTH AFRICA

#BrandManagerMonth: Law firms - beyond the courts and lawyers
#BrandManagerMonth: Law firms - beyond the courts and lawyers

Rarely is it considered that there is more to a well-run law firm than just its legal team...

By Shan Radcliffe 27 Mar 2017

SOUTH AFRICA

Invalid tax assessments are subject to objection and appeal
Invalid tax assessments are subject to objection and appeal

The Supreme Court of Appeal (SCA) in the case of Medox Limited v Commissioner for the South African Revenue Service delivered judgment on 27 May 2015...

By Heinrich Louw 12 Jun 2015

SOUTH AFRICA

Medicines Amendment Bill before National Assembly for approval
Medicines Amendment Bill before National Assembly for approval

The Medicines and Related Substances Amendment Bill [B6 - 2014] is now before the National Assembly for approval...

By Neil Kirby 11 Jun 2015

SOUTH AFRICA

Unreasonable delays can prejudice taxpayers
Unreasonable delays can prejudice taxpayers

In a recent judgment, Ackermans Limited v Commissioner for the South African Revenue Service (SARS), the Gauteng High Court was asked to review and set aside a SARS decision to raise additional assessments...

By Graeme Palmer 19 Mar 2015

SOUTH AFRICA

Contracts can make or break an artist's career
Contracts can make or break an artist's career

Fortunes are lost and made in the recording industry. Many a recording artist may find themselves a casualty of unsound business practices...

By Stephen Hollis 4 Mar 2015

SOUTH AFRICA

Artist's moral rights are separate from copyright
Artist's moral rights are separate from copyright

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...

By Mariƫtte du Plessis 2 Mar 2015

SOUTH AFRICA

Straying from trade mark law principles a cause for concern
Straying from trade mark law principles a cause for concern

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...

By Prof Owen Dean 2 Feb 2015

SOUTH AFRICA

Regulatory body needed to control Botswana's power generation
Regulatory body needed to control Botswana's power generation

The regulatory framework for electricity generation in Botswana is set out in the Electricity Supply Act, in terms of which the Ministry of Minerals, Energy and Water Resources (MMEWR) is responsible for the regulation of electricity generation and distribution.

By Terence Dambe 26 Aug 2014

SOUTH AFRICA

Arbitration awards - fallible or infallible
Arbitration awards - fallible or infallible

Several commercial contracts provide for disputes to be resolved by way of arbitration. The arbitration procedure is robust and designed to bring about finality much quicker than ordinary civil trials.

By Freddie Terblanche 22 Aug 2014

SOUTH AFRICA

Terminability of contracts of unspecified duration
Terminability of contracts of unspecified duration

Thomas Carlyle once proclaimed, "Speech is silvern, silence is golden". It means that speech is like silver, in that speech only lasts a while, but silence is golden and lasts an eternity.

By Kaelin Govinden 22 Jul 2014

SOUTH AFRICA

Consider psychological solutions for traffic offences
Consider psychological solutions for traffic offences

South Africa is currently implementing a traffic regulation scheme called Administrative Adjudication of Road Traffic Offences (AARTO).

By Kaelin Govinden 22 Jul 2014

SOUTH AFRICA

Taxpayer must prove that a transaction is exempt
Taxpayer must prove that a transaction is exempt

A taxpayer bears the burden of proving that an amount or transaction is exempt or otherwise untaxable.

By Graeme Palmer 21 Jul 2014

SOUTH AFRICA

Infrastructure Development Act comes into effect
Infrastructure Development Act comes into effect

On 10 July 2014, President Jacob Zuma made the proclamation which officially brought into force the Infrastructure Development Act, No 23 of 2014.

By Samantha Brener 16 Jul 2014

SOUTH AFRICA

Liuba Stansfield
Repudiation: A "thing writ in water"?

Our law recognises that, where a party to a contract has repudiated that contract, the innocent party may elect to cancel or keep the contract alive.

By Liuba Stansfield 30 Jun 2014

SOUTH AFRICA

Application of the CPA to municipalities
Application of the CPA to municipalities

Included among the objects of the Consumer Protection Act, No. 68 of 2008 (CPA) are the imperatives to strengthen a culture of consumer rights as well as consumer-focused service delivery.

By Justine Krige 25 Jun 2014

SOUTH AFRICA

Draft Western Cape Liquor Act addresses practical challenges
Draft Western Cape Liquor Act addresses practical challenges

The Draft Western Cape Liquor Amendment Bill was recently published for public comment. The Bill seeks to address a number of practical challenges currently being experienced by the Western Cape Liquor Authority in implementing the principal Western Cape Liquor Act (2008).

By Linde Steyn 11 Jun 2014

SOUTH AFRICA

Stealing from thieves
Stealing from thieves

Digital music sales were seen by many as the saviour of the music recording industry after rampant piracy and illegal file sharing in the 1990's threatened to derail one of the most important and versatile industries.

By Stephen Hollis 23 Apr 2014

SOUTH AFRICA

Impact of Pension Funds Act on annuities and divorce
Impact of Pension Funds Act on annuities and divorce

The question often arises why a spouse can't claim from an annuity in the case of a divorce. The answer lies in the applicable legislation, specifically the Pension Fund Act and the Divorce Act. The aim of Section 37A of the Pension Funds Act is to protect a member's pension benefits from his/her creditors, and it expressly limits a fund's ability to deduct amounts from a member's pension benefit.

By Lize de la Harpe 10 Apr 2014

SOUTH AFRICA

Power of attorney in South Africa - the shortfalls
Power of attorney in South Africa - the shortfalls

No person is by nature able to act on behalf of another, he or she must have the necessary authority to do so. This authorisation is commonly given in the form of a power of attorney.

By Lize de la Harpe 10 Mar 2014

SOUTH AFRICA

Customary Marriages Act - a will to protect your relationship
Customary Marriages Act - a will to protect your relationship

Times have changed and so have the ways in which people choose to spend their lives together. While the big white wedding might be a little girl's dream, some men and women today are choosing to forego marriage and simply live together as partners.

By Geraldine Macpherson 4 Mar 2014

SOUTH AFRICA

Dangerous coffee
Dangerous coffee

Understanding consumer rights is becoming an integral part of conducting business in South Africa. With an increased emphasis on potential harm to consumers by goods and services, suppliers around the world must become conscious of their obligations in law in various jurisdictions including South Africa.

By Neil Kirby 24 Feb 2014

SOUTH AFRICA

New withholding tax on cross-border services
New withholding tax on cross-border services

The Income Tax Act, 1962 was recently amended to provide for a new withholding tax on cross-border service fees. According to the new law, a withholding tax of 15% must be levied on the amount of any service fee that is paid by any person to or for the benefit of any foreign person to the extent that the amount is regarded as having been received by or accrued to the foreign person from a source within South Africa.

By Graeme Palmer 16 Jan 2014

SOUTH AFRICA

What protection does a so-called protective clause in a will (or trust deed) offer?
What protection does a so-called protective clause in a will (or trust deed) offer?

Most wills include a clause which states something along the following lines:

By Tiny Carroll 19 Dec 2013

SOUTH AFRICA

Divorce and pension interest
Divorce and pension interest

Divorce is often a bitter and costly exercise, and the last thing one wants is to go through the legal process only to be left with an unenforceable divorce order in so far as it relates to a share in pension interest.

By Lize de la Harpe 19 Dec 2013

SOUTH AFRICA

The cheque is in the mail
The cheque is in the mail

In the recent case Stabilpave (Pty) Ltd v South African Revenue Services (SARS), the taxpayer (Stabilpave) was due a tax refund of R728,474 plus interest. The banking details of the taxpayer were not available to SARS and they therefore posted a cheque for the refund.

By Graeme Palmer 23 Oct 2013

SOUTH AFRICA

Shuttleworth v The South African Reserve Bank
Shuttleworth v The South African Reserve Bank

Mr Shuttleworth famously sold his shares in Thawte, which earned him a substantial amount of money. He subsequently decided to emigrate from the Republic and to transfer all of his remaining assets out of the country.

By Alastair Morphet 17 Oct 2013

SOUTH AFRICA

Is your trust deed valid?
Is your trust deed valid?

The alarming answer is most probably not, because legal audits have shown that more than ninety percent (90%) of trust deeds (and/or amendments to trust deeds) in South Africa may not stand the test of validity if tested in a court of law.

By Professor Willie van der Westhuizen 9 Oct 2013

SOUTH AFRICA

Emma Dempster
Mandatory blending of biofuels with petrol, diesel to start in 2015

In a notice published in the Government Gazette on Monday, 30 September 2013, the Minister of Energy determined 1 October 2015 as the date on which the Regulations Regarding the Mandatory Blending of Biofuels with Petrol and Diesel (Government Gazette No. 35623, 23 August 2012) come into operation.

By Emma Dempster 7 Oct 2013

SOUTH AFRICA

Lize de la Harpe
POPI must comply

The Protection of Personal Information Bill ("POPI") was passed by parliament on 20 August 2013. The bill will now be sent to the president to sign into law and will come into operation upon being published in the Government Gazette, or upon a later date if specified by the president.

By Lize de la Harpe 12 Sep 2013

SOUTH AFRICA

Anton Kelly
Tampering with the minutes of meetings? It happens!

Sectional title schemes are mini democracies. The Sectional Titles Act and prescribed rules codify the principles of the common law of co-ownership.

By Anton Kelly 12 Aug 2013

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