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Wildu du Plessis
#BizTrends2021: Key industry group trends in post-pandemic Africa

In the midst of the planetary emergency of climate change, Covid-19 is testing modern civilisation's preparedness for shocks, across the spheres of finance, economics and technology; global, national and regional governance; global and population health; social cohesion and food security. This is according to Baker McKenzie's new report, Unprecedented: Converging Crises...

By Wildu du Plessis 6 Jan 2021

Digital company acquisitions to face closer scrutiny by competition authorities
Digital company acquisitions to face closer scrutiny by competition authorities

The Competition Commissioner during the Commission's Annual Conference (in November 2020), noted that the Commission will take a "decisive and proactive stance to ensure the balance of economic forces favour a shift to facilitating entry and a more competitive digital economy"...

By Burton Phillips 1 Dec 2020

Selling your business as a going concern
Selling your business as a going concern

Usually when a business is sold, it is a taxable supply that is subject to value added tax (VAT) at the standard rate of 15%. There is, however, a provision in the Value Added Tax Act 89 of 1991 (VAT Act), section 11(1)(e), which allows for the sale of a business at the rate of 0%, provided certain requirements are met...

By Graeme Palmer 25 Nov 2020

ConCourt judgment clarifies contractual fairness
ConCourt judgment clarifies contractual fairness

An issue, which has been shrouded in uncertainty in South African contract law, is when courts may refuse to enforce valid contractual terms on the basis that it considers that enforcement would be unfair, unreasonable or unduly harsh. The Constitutional Court in the case of Beadica 231 CC and Others v Trustees for the time being of Oregon Trust, has finally offered some clarity...

By Rishal Bipraj 11 Sep 2020

The cost of failing to notify authorities of mergers
The cost of failing to notify authorities of mergers

The Competition Commission has sought to provide some guidance regarding the notification and implementation of mergers by publishing Guidelines for the determination of administrative penalties for failure to notify mergers and implementation of mergers contrary to the Competition Act...

By Burton Phillips 11 Apr 2019

#BizTrends2019: 6 trends in fintech and its regulation
#BizTrends2019: 6 trends in fintech and its regulation

The South African financial sector has been waiting with bated breath for South Africa's financial regulators to map the way forward and we expect this guidance to be forthcoming early in 2019...

By David Geral 9 Jan 2019

Tax invoice corrections and the Admin Laws Amendment Bill
Tax invoice corrections and the Admin Laws Amendment Bill

To err is human and mistakes are sometimes made on tax invoices. The draft Administration Laws Amendment Bill, 2018 proposes the inclusion of a new section 20(1B) dealing with errors to tax invoices...

By Graeme Palmer 23 Oct 2018

What does Facebook's data breach mean for personal information and businesses in SA?
What does Facebook's data breach mean for personal information and businesses in SA?

The millions of Facebook profiles analysed by Cambridge Analytica constitute one of the biggest breaches of personal information to date...

By Ahmore Burger-Smidt 14 Jun 2018

Taking telecoms to the next level: Who needs a long-term contract?
Taking telecoms to the next level: Who needs a long-term contract?

The average South African has experienced the sheer frustration that comes as part of the service provider package once you sign on the dotted line, especially when it comes to telecoms service providers...

By Ilse van den Berg 4 Jun 2018

Reputation is the be-all and end-all
Reputation is the be-all and end-all

In light of the Capitec/Viceroy debacle, Clare O'Donovan takes a look at the top five risks that could impact reputation and which she believes should be the top priority for corporate South Africa...

By Clare O'Donovan 31 Jan 2018

#BizTrends2018: Copyright in the age of AI
#BizTrends2018: Copyright in the age of AI

Hollywood flirted with Artificial Intelligence (AI) long before it became mainstream, portraying it as an adversary, pitting man against machine. Though it is no secret that it got the whole narrative around AI patently wrong...

By Brendon Ambrose 10 Jan 2018

57 million riders, drivers affected by Uber breach
57 million riders, drivers affected by Uber breach

Global transportation technology company Uber Technologies has admitted it suffered a breach that saw hackers stealing the personal information of approximately 57 million customers and drivers...

By Simon Campbell-Young 13 Dec 2017

Dealing with a personal injury at your business
Dealing with a personal injury at your business

When someone becomes hurt at your place of business, things can turn serious fast...

By Boris Dzhingarov, Issued by Monetary Library 9 Nov 2017

The #datamustfall war - Competition Commission weighs in
The #datamustfall war - Competition Commission weighs in

After a public outcry, which included a social media campaign under the hashtag #datamustfall, South Africa's competition regulators, ICASA and now the Competition Commission have announced investigations aimed at bringing the costs of data down...

By Burton Phillips 29 Sep 2017

Four ways to protect your business from legal problems
Four ways to protect your business from legal problems

When starting a new business, or running an already established one, it's critical to ensure that the business doesn't create unnecessary legal problems for itself...

By Boris Dzhingarov, Issued by Monetary Library 2 Aug 2017

Anti-dumping duties are a complex balancing act
Anti-dumping duties are a complex balancing act

The imposition of anti-dumping duties is the equivalent of building a wall around local industries, to protect jobs and industries against unfair competitive practices from abroad...

By Freddie Terblanche 21 Jun 2017

SA's new International Arbitration Bill excludes public bodies from confidentiality
SA's new International Arbitration Bill excludes public bodies from confidentiality

Contrary to other jurisdictions, the International Arbitration Bill of South Africa 2017 specifically contains a provision that excludes public bodies from the more usual confidentiality clause ie the case must be heard in public...

By Jackwell Feris 19 Jun 2017

Recent Constitutional Court decision on arbitration raises questions
Recent Constitutional Court decision on arbitration raises questions

The Constitutional Court recently handed down a judgment that may ultimately prove to be a significant departure from South Africa's established legal practice, at least insofar as contractual relations in the petroleum retail industry are concerned...

By Jonathan Ripley-Evans 18 Apr 2017

Boris Dzhingarov
How to protect business assets from a divorce

Over 50% of marriages will end in divorce. Statistics even go up to 60% when referring to following marriages. Divorces are really difficult to deal with but if you have a business, everything becomes even more complicated...

By Boris Dzhingarov, Issued by Monetary Library 11 Apr 2017

Boris Dzhingarov
How to trademark your business secrets (and why you should)

As a prospective entrepreneur, should you spend the time and effort to trademark your brand? Or do you hope that nobody mimics your company and potentially confuses your consumers?...

By Boris Dzhingarov, Issued by Monetary Library 10 Apr 2017

What are the CPA's best practice guidelines applicable to the motor industry?
What are the CPA's best practice guidelines applicable to the motor industry?

Last year, the NCC published for comment the draft best practice guidelines intended to provide procedural clarity in regard to alternative dispute resolution mechanisms for handling complaints involving the automotive industry...

By Justine Krige 23 Jan 2017

Trade mark registration: Truworths no longer has "the look"
Trade mark registration: Truworths no longer has "the look"

Ackermans has recently been successful in a precedent setting trade mark dispute against Truworths which was heard by the Supreme Court of Appeal. The trade mark at the centre of the dispute was “THE LOOK”...

By Janine Hollesen 16 Jan 2017

Business transfers: when is enough not enough?
Business transfers: when is enough not enough?

The Constitutional Court in a majority judgment rejected, in no uncertain terms, three important arguments advanced in support of an application for leave to appeal the Labour Appeal Court's decision in Maluti-A-Phofung Local Municipality v Rural Maintenance...

By Faan Coetzee 29 Nov 2016

Is interest owed on incorrectly calculated penalties?
Is interest owed on incorrectly calculated penalties?

On 21 October 2016, judgment was handed down by the Pretoria High Court in the matter of BMW South Africa v The Commissioner of the South African Revenue Service (SARS)...

By Heinrich Louw 21 Nov 2016

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