For many companies March signifies the beginning of a new financial year. Although every company is unique, our Employment team provides some insights into trends that can be expected in the workplace in the coming year.
Continue reading
Chairman and senior partner, Ezra Davids, and partner, Ryan Kitcat, wrote the South African chapter in the International Comparative Legal Guide’s Mergers & Acquisitions 2023 – Seventeenth Edition.
Continue reading
Charitable organisations and donors to such organisations should take note of the new SARS requirements regarding tax certificates issued to donors to enable them to claim tax deductions. A public benefit organisation that has been approved in terms of section 18A of the Income Tax Act 1962 (an 18A PBO and the ITA respectively) must ensure that these certificates contain the updated information as stipulated in section 18A.
Continue reading
In the recent Constitutional Court judgment in the matter of Ledla Structural Development (Pty) Ltd and Others v Special Investigating unit, 2023, (Ledla judgment), the Court had to determine if the Special Tribunal established in terms of section 2 of the Special Investigating Units and Special Tribunals Act 74 of 1996 (SIU Act), enjoys the status of a court of law and whether it has the power to adjudicate reviews.
Continue readingThe Minister of Finance approved and published new dispute resolution rules (new Rules) under section 103 of the Tax Administration Act 28 of 2011 (TAA) shortly before 16:00 on Friday, 10 March 2023. The new Rules came into effect on the date of publication and replace the previous set of Rules promulgated in 2014 (old Rules).
Continue reading
When dealing with bankrupt ship owners, there is a fine line between the law of insolvency and admiralty in South Africa. While maritime creditors enjoy wide ranging rights to arrest and sell ships in the jurisdiction to satisfy their claims, as soon as an application is filed at court for the winding up of the ship owner, the property falls into the insolvent estate and under the control of a liquidator. Any arrest or attachment of a ship after the court filing for the winding up of the owner is void. The result is that the maritime claimant must stand in line with the general body of creditors without direct recourse to the vessel itself. Where then does that leave a maritime creditor who arrests a ship for a claim against an insolvent bareboat charterer? This question came before the High Court in Cape Town in the matter of Andre Van Niekerk v mv Madiba. Partner Jeremy Prain wrote an article for ILO on the decision.
Continue reading
