Head of General Finance, Ulrike Naumann; partner, Joshua Janks; senior consultant: Tax, Aneria Bouwer; and knowledge and learning lawyer: Finance, Alison Mellon, wrote the South African chapter in Chambers and Partners global practice guide to acquisition finance for 2023.
Continue readingSouth Africa: The tussle between unilateral extension options and pre-contracts in football
Over the years football clubs have adopted various strategies to recruit and retain talent. It has become common for football clubs to insert unilateral extension options in player contracts to avoid losing players on a free transfer. At the same time, potential clubs seek to recruit players by concluding pre-contracts with them prior to the expiry of their existing contracts.
Continue readingSouth Africa: Honesty is the best policy when it comes to sick leave
In a recent Labour Court judgment in the case of South African Revenue Services vs CCMA and Others, the Court found the dismissal of an employee who was dishonest about his sick leave, to be substantively fair. In reaching its decision, the Court made reference to the Woolworths v CCMA and Others case where an employee was dismissed after he applied for sick leave and but it was later established that he had travelled to support his local rugby team.
Continue readingSouth Africa: Submission of third-party returns by 18A public benefit organisations
New obligations for public benefit organisations (PBOs) approved in terms of section 18A of the Income Tax Act 1962 (18A PBOs and ITA respectively) were introduced in the 2024 tax year. With effect from 1 March 2023, all 18A certificates issued to donors to enable them to claim tax deductions, must contain more detailed information.
Continue readingSouth Africa: Beware – Information Regulator issues first fine of ZAR 5 million under POPIA
On 3 July 2023, the Information Regulator issued its first administrative fine of ZAR 5 million against the Department of Justice and Constitutional Development (DoJ&CD) for its failure to comply with an enforcement notice issued to it by the Regulator under the Protection of Personal Information Act (POPIA).
Continue readingSouth Africa: Constitutional Court sets aside controversial Waste Act amendments
Bowmans successfully represented various industry representative bodies as well as certain key manufacturing clients in a direct application to the Constitutional Court to challenge an amendment to the definition of ‘waste’ and related provisions in the National Environmental Management Waste Act 59 of 2008 (Waste Act).
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