News & Articles

Navigating the Herd: Avoid negative tax implications of livestock in your estate

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.

read more
Peanut butter product recall – A smooth analysis of a crunchy matter

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.

read more
SA’s New Land Court Act – paving the way for settling land disputes

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.

read more
Construction Contracts: Is it a “one-size-fits-all” decision?

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.

read more
How far does employer liability for the actions of its employee extend?

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.

read more
TRP approval: Essential for SA company transactions

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.

read more
The regulatory bodies that govern Mergers and Acquisitions

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.

read more
POPIA compliance: Safeguarding Data Privacy in South Africa

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.

read more
The role of ‘control’ in M&A transactions

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”).

read more
An introduction to mergers and acquisitions in South Africa

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.

read more
Buyer’s remorse? Can it save you from paying estate agent commissions?

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!

read more
Tax Evasion vs Tax Avoidance!

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.

read more
Can you use your culture to justify being absent from work?

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.

read more
When a spouse hides assets away in a trust…

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.

read more
Latent defects, prescription and your newly bought home

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.

read more

Pin It on Pinterest