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NEWS ITEM
BBBEE Fronting Practices – Recent Clarification
According to the Department of Trade and Industry (“DTI”), fronting means a deliberate circumvention or attempted circumvention of the Broad-Based Black Economic Empowerment Amendment Act No. 46 of 2013, as amended, (the “Act”) and the Codes. The Act introduced the...
What is a bona fide inadvertent error?
Section 222 (1) of the Tax Administration Act (the “TTA”) provides that where there has been an understatement, the taxpayer must pay the understatement penalty determined unless the understatement resulted from a bona fide inadvertent error. In terms of Section 221,...
Court Annexed Mediation
South Africa is seeking a more cost and time effective resolution in resolving disputes. Society has become prone to institute legal action, or threaten to institute legal action, against another individual, without knowing the extent of law applicable. As a result,...
Financial Intelligence Centre Amendment Act – Key Amendments To Look Out For (Part 2)
The FICA Amendment Act No 2 of 2017 (“the Act”), published in the Government Gazette on 2 May 2017, strengthens the provisions of FICA by introducing a risk-based approach to customer due diligence, among other things. In this article, we will deal in short with the...
Derivative misconduct and collective disciplinary enquiries
In a recent Labour Court ruling of Dunlop Mixing and Technical Services (Pty) Ltd and Others v National Union of Metalworkers of South Africa (NUMSA) obo Nganezi and Others, the Judge held that an employee bound implicitly by a duty of good faith towards the employer,...
Spam email, Sales calls – Enough to drive anyone mad! What should you know as a business owner on the giving end?
The Consumer Protection Act No 68 of 2008, as amended (CPA), is an important feature in South African commercial law and provides for the establishment of an “Opt-Out Registry”. As we speak, this is being ironed out by the National Consumer Commission (the NCC). This...
Can silent participation constitute a contravention of the Competition Act?
In South Africa, agreements, concerted practices, or decisions by an association of competitors, are prohibited if it has the effect of substantially lessening or preventing competition in a market. In terms of section 4(1)(b)(i) of the Competition Act No 89 of 1998...
Returns Policy and the Consumer Protection Act
A supplier of goods usually dictates the terms and conditions of sale and includes the returns policy applicable. When constructing these terms and conditions, it is important to keep the provisions of the Consumer Protection Act (the CPA) in mind, as they apply...
Financial Intelligence Centre Amendment Act – Key amendments to look out for (Part 1)
The Financial Intelligence Centre Act, 2001 (FICA) has been the key regulatory tool to protect the integrity of the South African financial system against abuse for illicit purposes like money laundering the proceeds of crime and the financing of terrorism. The FICA...
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