3 Sep 2013

Legal

King to pawn...

In an expensive "game of chess", Dave King has finally sorted out his tax issues with SARS and will end up paying over R700m to SARS. As he puts it: "When this tax dispute arose many years ago, I took a conscious decision not to cooperate with the authorities. That was a mistake."

Still on the money front, Satawu says SAA can afford the 12% increase the union is demanding, but if you want to get away from it all... the strikes, the demands, the claims and counter-claims, then Mango has come to your rescue with a scheduled service between Johannesburg and Zanzibar.

Talk about a captive audience... but a nice gesture, so one hopes the inmates took the lessons to heart when Ligwalagwala FM set out to motivate the inmates of Middelburg Prison with a live radio show aimed at discouraging criminal elements and activities amongst youths.

Finally, while no show-off himself, and with no hint of a swagger (but still quite the charmer), our tame motoring editor Henrie Geyser reckons the Renault Clio is a swaggering charmer.

Rod Baker, Content Director

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Weekly top stories

Can an employee be disciplined while on sick leave?
[Jacques van Wyk] If an employee is genuinely sick, an employer must postpone the disciplinary enquiry. This is because it is one of the essential prerequisites of fairness and equity that the employee be afforded an opportunity to state his or her case in response to the allegations brought against him or her. Read more >>
How safe are commercial landlords: effect of CPA
[Lucinde Rhoodie]
Werthschröder changes SA immigration policy

Legal
The doctrine of election
[Tim Fletcher and Samantha Brener] A party asking a court for relief can't ask for mutually exclusive remedies. This seems to be self-evident but is important where a party to a contract has been induced to do the deal by a fraudulent misrepresentation of the other party. Read more >>


Commercial Law
Knysna ship's grounding probed
A commission of inquiry has started to probe the circumstances surrounding the grounding of a cargo ship off Buffels Bay near Knysna. Read more >>

DTI fixes up standard form MOIs
[Yaniv Kleitman] Anyone who wishes to incorporate and register a new company in South Africa under the Companies Act, No 71 of 2008 can use either the standard form memorandum of incorporation (MOI) which is prescribed in the Companies Regulations, or a customised/unique MOI which caters for the incorporator's specific needs and requirements and which would typically be prepared for him by a legal advisor. Read more >>

POPI is good news
The Protection of Personal Information Bill, also known as POPI, is going to mean more work for some companies - but, says attorney Jana van Zyl of Dommisse Attorneys, the pain will be worth the gain of catching up to good business practices. Read more >>

Aspen, Nestlé deal needs further study - tribunal
[Amanda Visser] The Competition Tribunal has requested further analysis of the transaction between SA's biggest pharmaceutical manufacturer, Aspen, and Swiss food giant Nestlé, following some concerns that the transaction does not address the competition authority's reservations about the initial deal between Nestlé and Pfizer Nutrition. Read more >>

NCA often harsh on potential lower-sector home buyers
Although there is widespread agreement in the South African residential property sector that the promulgation of the National Credit Act was necessary and has contributed significantly to stabilising the property market by preventing reckless lending, it also has to be accepted that, at the lower end of the market, it has resulted in wide-scale disappointment and frustration. Read more >>

Trust taxation reform - where is this heading?
[Johan van der Walt] High net worth individuals (HNWI's) and trusts have been on the South African Revenue Service's (SARS) radar for some time. Reforming the manner in which South African (SA) trusts are to be taxed in future featured in both the 2012 and 2013 Budget speeches. Read more >>


Criminal Law
Media appeal holds up Krejcir case
A media application is delaying proceedings to determine Czech fugitive Radovan Krejcir's asylum status, the Kempton Park Magistrate's Court heard on Thursday. Read more >>


Cyber Law
Bogus Motlanthe tries to bribe 'friends' on Facebook
A person pretending to be Deputy President Kgalema Motlanthe on Facebook has been trying to solicit bribes from members of the public, Motlanthe's office confirmed last week. Read more >>


Labour Law
Convicted killer metro cop wants his job back
An Ekurhuleni Metro Police Department officer who was convicted of murder and sentenced to 16 years in jail is not fighting to be reinstated. Read more >>

Werthschröder changes SA immigration policy
Crucial policy change benefits foreign professionals wishing to extend their work permit status while still in SA. Read more >>

The revised codes are difficult, but what are they trying to achieve?
[Dr Robin Woolley] You might have looked at the Revised Codes of Good Practice (RCoGP) through a business lens, and realised they were so difficult to score on, that they left you wondering what they were trying to achieve, and if this was a step in the right direction or just too large a chasm to leap. Read more >>


Land & Property Law
How safe are commercial landlords: effect of CPA
[Lucinde Rhoodie] Lease agreements fall within the ambit of the Consumer Protection Act, No 68 of 2008 (Act) as a 'service' which is defined as including the provision of access to or use of premises or other property in terms of a rental. Read more >>

Value-added tax (VAT) on retention of fines
[Heinrich Louw] An interesting judgment was handed down earlier this year in the United Kingdom's Court of Appeal (Civil Division) in the matter of Vehicle Control Services Limited v The Commissioner for Her Majesty's Revenue and Customs [2013] EWCA Civ 186. Read more >>


Law Practice
Whipping the Cat transforms pre-determined billing model
Commercial law advisors Whipping the Cat announced this week the launch of its fixed-fee commercial legal services. The offering is aimed primarily at small- to medium-sized businesses, while also catering to the outsourcing needs of larger corporates. Read more >>

Women and law: Q&A with Jana van Zyl
Jana Van Zyl of Dommisse Attorneys is an expert in consumer law, focusing on areas such as regulatory and compliance requirements, e-commerce and consumer protection. She shares her views on women and the legal profession. Read more >>


Government

End police killings, urges Mthethwa
At least 76 police officers were killed in the line of duty between April 2012 and March this year - an alarming number according to Minister of Police Nathi Mthethwa. Read more >>

Phiyega withdraws Gauteng Commissioner's appointment
National Police Commissioner General Riah Phiyega has withdrawn the appointment of Major General Mondli Zuma as Gauteng Provincial Commissioner. Read more >>

King to pay over R700m to SARS
Dave King: "When this tax dispute arose many years ago, I took a conscious decision not to cooperate with the authorities. That was a mistake." Read more >>

New umbrella body for military veterans
The Department of Military Veterans says it is to establish an umbrella body to unite all military veterans associations. Read more >>

Govt beefs up access to correctional centres
Security at all correctional services facilities has been improved with staff now required to wear identification cards to access centres. Read more >>


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