News & Articles
Navigating the Herd: Avoid negative tax implications of livestock in your estate
Many farmers still conduct their farming operations with livestock owned in their personal capacities. Although such ownership may have certain advantages, it can pose significant complications for a farmer in the event of his passing. It is therefore crucial for farmers to do a comprehensive tax and estate planning assessment to look into the potentially complex issues which must be addressed to ensure liquidity in the deceased estate and to avoid unnecessary financial burdens on the estate or loved ones after death.
Peanut butter product recall – A smooth analysis of a crunchy matter
Picture the confusion of peanut butter enthusiasts as they strolled into their local grocery store only to discover that their beloved peanut butter brand had been pulled from the shelves. What may just be a disgruntled customer at that moment is the evidence of a bigger matter in terms of the Consumer Protection Act 68 of 2008 (“CPA”). Well, let’s not focus on the “crunchy” and “sticky” issue of the recent recall of Clover’s Go Nuts Peanut Butter, but rather on the role that the CPA and the National Consumer Commission (“Commission”) plays in the recall of products in South Africa now and then to protect customers in South Africa.
SA’s New Land Court Act – paving the way for settling land disputes
In a quest to remedy historical land injustices and streamline the resolution of land and land rights issues in our country, South Africa has introduced a pioneering piece of legislation namely the new Land Court Act. This Act represents a significant milestone in the ongoing efforts to foster equitable land distribution and provide an effective mechanism for resolving land disputes. The Land Court established by virtue of this transformative legislation will play a central role, as will be outlined in this article.
Construction Contracts: Is it a “one-size-fits-all” decision?
Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract. Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.
How far does employer liability for the actions of its employee extend?
It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee whilst on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.
Why a clean donation can have sticky consequences
A donation, made with the best of intent, may still land you in ‘hot’ water with SARS. In this article, we explain why a donation could result in donations tax being payable to SARS and when and how this could happen.
South Africa’s four-day workweek trial: the good and the bad
From March to August 2023, South Africa conducted the first African four-day workweek experiment involving several pilot companies trialling to assess the pros and cons of such a move in a South African context. Although it’s far too early to make any conclusive findings, we share a few thoughts about the trial and its implications for South Africa.
A practical guide for first-time home buyers
Purchasing your first home is a big financial and emotional step. Before you jump in, take a moment to think about 7 important aspects when purchasing your first home.
Customary marriages and antenuptial agreements: What you need to know
“I am getting married this year in terms of customary law. My fiancé and I are both professionals and wish to be married out of community of property so that we can manage our own estates. How can we proceed with this?”
TRP approval: Essential for SA company transactions
The Takeover Regulation Panel (“TRP”) is a key South African regulatory body responsible for regulating certain types of transactions undertaken by companies in South Africa. In this article, we take a look at a few transactions that specifically need to be approved by the TRP and, in particular, the requirements to give notice of such transactions.
The regulatory bodies that govern Mergers and Acquisitions
The Competition Commission
The Competition Commission is a regulatory body established in accordance with the Competition Act, 89 of 1998 (“Competition Act”), with the power to investigate, monitor, and assess anticompetitive business practices, collusion, and mergers to foster healthy competition within the South African economy.
POPIA compliance: Safeguarding Data Privacy in South Africa
Every year, January 28th marks World Data Privacy Day, celebrated globally to emphasise the critical need for privacy, particularly in recent times characterised by a continuously shrinking, interconnected, and intelligent digital global community, where there are almost constant flows of data and personal information in all aspects of life.
The role of ‘control’ in M&A transactions
In an earlier article, we examined the requirements for notifying the Competition Commission about your merger. One of the aspects touched on was the requirement of ‘control’ as an indicator of whether a transaction is reportable or not. In this article, we will delve deeper and examine the ‘control’ element as contemplated in the Competition Act 89 of 1998 (“Act”).
Competition Commission guidelines for small mergers
In previous articles, we have examined the different types of mergers and in particular looked at the notification requirements in respect of intermediate and large mergers. In this article, we take a closer look at the Competition Commission guidelines in respect of small mergers.
When do you notify the Competition Commission of your merger?
Not all mergers are created equal with some mergers requiring notification to the Competition Commission and others not. In this article, we elaborate on the mergers that will require notification as well as the consequences of failing to notify the Competition Commission.
An introduction to mergers and acquisitions in South Africa
Mergers and Acquisitions or ‘M&As’ have become integral components of South Africa’s corporate landscape and play a crucial role in economic growth and development. In this article, we explore the legal framework and key considerations surrounding M&A transactions in South Africa by looking at the regulatory environment, competition law, due diligence, tax, and transaction structuring that accompanies M&A transactions.
New CIPC changes for the filing of annual returns
CIPC has again announced changes to the CIPC system for the filing of annual returns and beneficial ownership information, which introduces mandatory obligations for companies and close corporations when filing their annual returns.
Owners beware – you have limited time to claim for defects to your house
You have been living in your new house for a year or two when the issues start – cracks, and more cracks – all serious and structural. So, can you hold the previous owner liable for this, or have you waited too long?
Buyer’s remorse? Can it save you from paying estate agent commissions?
For buyers, the prospect of a new home can be exciting and daunting. You saw a house that you are interested in buying, and you want to seal the deal before somebody else does. You sign the Offer to Purchase, then only crunch the numbers and realise you can’t afford the house. Surely you can just withdraw and the seller can continue to sell the property to someone else? No harm, no foul!
When can you be barred from registering a trade mark?
A question often asked when consulting with clients about trade marks is when and how can you be barred from registering a trade mark?
Tax Evasion vs Tax Avoidance!
Every day South Africans pay tax, whether it be for VAT charged on basic goods, fuel levies or the dreaded estate duty on passing. It is safe to say that with taxes around every corner, it is reasonable that a person would look into how to validly limit one’s tax exposure. This brings to front and centre the question of what is construed as tax evasion or tax avoidance.
Can you use your culture to justify being absent from work?
Employers are required to respect and honour the rights of their employees. However, in return, employees are required in terms of their employment relationship to offer their services and not be absent from work without leave. But how do these rights stack up when an employee claims their right to culture as justification for being absent from work? In this article, we take a look at a recent CCMA case that had to dissect this rather complex question.
When a spouse hides assets away in a trust…
In a divorce, it may transpire that one spouse has during the marriage transferred assets to a trust. This raises the question of whether such trust assets are excluded from the calculation of accrual where the parties are married out of community with the accrual system. In this article, we take a look at what has been termed ‘alter ego’ trusts and how our courts treat these when it comes to divorce proceedings.
Do criminal charges trump a disciplinary hearing?
Should an employee be criminally charged in respect of conduct that happened at the employee’s workplace, the question can arise as to whether the employer is now prohibited from proceeding with disciplinary action against the employee given the pending criminal charges.
AI and the Law – take note of the fine print!
Increasingly chatbots, search engines and artificial intelligence-driven engagement platforms have been in the news, often for the amazing capabilities they demonstrated, but sometimes also for the dangers they pose. This raises the question of how far lawyers can go in relying on these incredible AI interfaces to help them get answers and enhance their work.
Anti-dividend stripping rules – when dividends turn into capital gains
Dividend stripping has been under the watchful eyes of the South African Revenue Service (“SARS”) for some time. As a highly technical topic, we will take a look in this article only at the anti-dividend stripping rules that may apply to dividend stripping.
New SARS beneficial ownership disclosures when filing your trust tax returns
Trustees should take note of additional requirements relating to the filing of provisional Trust tax returns in January 2024 as SARS climbs on the beneficial ownership reporting train.
Latent defects, prescription and your newly bought home
Home buyers are often worried about the risk of discovering a latent defect after they have bought a home, particularly where sellers may have gone to some length to hide the defects to get the house sold. In this article we take a look at the role prescription plays when discovering defects and how this may affect the buyer’s ability to take steps against a seller.
Must a sectional title scheme developer also pay levies?
On closer inspection of the Sectional Title Schemes Management Act 8 of 2011 (‘Act’), it is clear that the developer forms part of the body corporate, and the Act and its financial obligations are also applicable to the developer.
The practicalities of a sectional title scheme
“I have recently acquired a piece of land and I think it has great potential for sectional title development. Will this be a good investment and what are the practicalities that I need to keep in mind?”