Articles
NEWS ITEM
Rapport: Interview with Nicolene Schoeman-Louw – Duvha bekyk oor Chinese
Nicolene Schoeman-Louw was interviewed in the Rapport Newspaper, published on 13 August 2017. The piece is about B-B BEE trusts and how to construct them in line with the legislation. It also deals with the consequences where this is not done.
News Flash: BBBEE Employee Share Schemes – true empowerment or not?
Since the recent amendment of the Broad Based Black Economic Empowerment Act 53 of 2003 and its regulations, i.e. the Codes of Good Practice, (jointly referred to as the “BBBEE Act” or the “Act”), whereby complying with the ownership requirement of the BBBEE...
The Star: Assessing the merits of alternative dispute resolution
Read our feature in The Star Newspaper, published on 11 August 2017.
Corporate commercial law : Can the data come back to bite me? If so – how hard?
Due to technological advances, paper based transactions are on the decline in corporate commercial law. Communication and agreements reached are more often recorded on email. What is more, many documents are not only created digitally, but are signed and stored...
When must a Non-Executive Director be VAT registered
On 4 May 2017, SARS made a Binding General Ruling (BGR) that deals with the VAT treatment of the activities conducted by Non-Executive Directors (NEDs) and further clarifies whether those activities fall within the ambit of proviso (iii)(aa) or proviso (iii)(bb) to...
Can an acknowledgment of indebtedness made without prejudice be admitted as evidence in trial proceedings?
General legal practice prescribes that when an admission is made within a letter, with the result of both parties reaching a mutual agreement, such admission may be made without prejudice. The inferred understanding is that such an admission would not form part of any...
Further clarity on the role of the Community Schemes Ombud Service
The Community Schemes Ombud Service (“CSOS”) has been in operation since October 2016, and has since then been accepting disputes regarding sectional title schemes. The public however has not had the opportunity to gain its confidence in the CSOC completely, and I...
Why every company needs a tailored Shareholders’ Agreement
A Shareholders’ Agreement is just that – an agreement between the shareholders of a company. This agreement is an invaluable resource for any business as it structures the relationship between the shareholders and provides the foundation for how they will interact...
Vicarious liability of employers
It is trite law in South Africa that an employer will be vicariously liable for the negligent act of his or her employee/employees or agent/agents, in the event of the employee/employees or agent/agents acting in a negligent manner during the course of his/her...
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