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  • Article

    Removing Trustees – Not Such An Easy Task…

    The core idea of the Trust is the separation of ownership (or control) from the enjoyment.
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    The Lay Of The Land

    The legislative landscape of the national policy on land is currently undergoing significant changes which are aimed at fast-tracking land reform and land redistribution.
    South AfricaReal Estate and Construction
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Tax Court Rules On Creation Of Permanent Establishment In South Africa

The taxpayer contended that it is necessary that a permanent establishment be created first under Article 5(1) and only once that has occurred, is it then necessary to take account of the provisions of Article 5(2)(k) of the DTA.
South AfricaTax
ENS
ENS
  • Article

    Delinquent Directors: Courts Adopt A Zero Tolerance Approach

    Directors of companies will have to carefully consider the manner in which they conduct the affairs of companies. Recent case law proves that courts will not hesitate to grant orders of delinquency against directors.
    South AfricaCorporate/Commercial Law
    Thipa Denenga
    Thipa Denenga
  • Article

    A Judgment That's Neither Short Nor Sweet

    The South African Supreme Court of Appeal ("SCA") recently handed down an important judgment that covers a lot of IP law.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Beware Of The Dangers Of Prescription

    In this article basic law of prescription is set out in order to inform readers of the danger of not prosecuting claims within the time periods prescribed by the Prescription Act 68 of 1969.
    South AfricaLitigation, Mediation & Arbitration
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Customs & Excise Highlights

    Herewith below selected highlights in the Customs & Excise environment since our last instalment.
    South AfricaTax
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Risks Of Tax Return Non-disclosure Increased By Supreme Court Of Appeal

    A fundamental reason for the existence of the rules of "prescription" in South African tax law is to provide a taxpayer with certainty as regards its tax position.
    South AfricaTax
    ENS
    ENS
  • Article

    Security For Costs In Full Court Appeals: A Practitioner’s Guide After Koopman V Minister Of Police

    Practitioners appearing in full court appeals have long worked on the assumption that Rule 49(13) of the Uniform Rules applies whenever an appeal is directed to the full court of a division of the High Court - regardless of who granted leave. That assumption has now been tested and found wanting. In Koopman v Minister of Police (963/2022) [2026] ZASCA 45 (7 April 2026), the Supreme Court of Appeal held that Rule 49(13) of the Uniform Rules does not apply where it is the SCA, rather than a High Court judge, that grants leave to appeal to the full court.
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    ‘Winging' It On Enforcement? South African Court Lifts Attachment Over Tanzanian Plane Because Underlying Award ‘Ceased To Exist'

    Mr Steyn was awarded over US$36.3 million in compensation for expropriation of his property.
    South AfricaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Maritime Claims In South Africa

    What constitutes a "maritime claim" for purposes of admiralty jurisdiction? The most recent decision on the interpretation of the phrase "relating to" by the High Court of South Africa
    South AfricaTransport
    Clyde & Co
    Clyde & Co
  • Article

    Africa Tax In Brief – June 2016

    The Botswana/Isle of Man Exchange of Information Agreement (2013) entered into force on 5 March 2016 and generally applies from 5 March 2016.
    GlobalTax
    ENS
    ENS
  • Article

    Grounds For Appealability: Evolution Of Appeal Grounds In Landmark Cases

    Historically, the "interests of justice" served as a foundational ground for seeking leave to appeal from the High Court to the Supreme Court of Appeal (SCA).
    South AfricaLitigation, Mediation & Arbitration
    Fasken
    Fasken
  • Article

    South African Tax Legislation: Proposed Amendments In An International Tax Context

    This article sets out a brief summary of some of the proposed amendments introduced by recent South African draft Tax Bills. The article focuses on amendments in the context of international taxation.
    South AfricaTax
    ENS
    ENS
  • Article

    SCA Cautions Legal Practitioners Against Alleging Sinister Motives By LPC When Dealing With Misconduct Complaints

    In the case of South African Legal Practice Council v Kgaphola and Another, the South African Supreme Court of Appeal ("the SCA") highlighted important principles applicable to applications...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Prescription Alert!

    In broad terms, traditionally, a plaintiff's claim prescribes within three years from the date on which that plaintiff becomes aware (or could reasonably have become aware) of the facts which give rise to the claim.
    South AfricaFood, Drugs, Healthcare, Life Sciences
    Clyde & Co
    Clyde & Co
  • Article

    Exchange Control And The Shuttleworth Decision

    Billionaire Mark Shuttleworth certainly did well when he disposed of his business – he realised approximately R4,2bn.
    South AfricaTax
    ENS
    ENS
  • Article

    Inchmaree Clauses, Warranties And Want Of Due Diligence In South Africa

    The Inchmaree clause was introduced into marine hull insurance policies as a direct result of the case of Thames & Mersey Marine Insurance Co Ltd v Hamilton, Fraser & Co (1887) 12 AC 484.
    South AfricaTransport
    Clyde & Co
    Clyde & Co
  • Article

    The Trouble With Oppelt And The Treatment Of Evidence In Medical Negligence Matters

    Has the recent Constitutional Court decision of Oppelt v Head: Health, Department of Health Provincial Administration:
    South AfricaFood, Drugs, Healthcare, Life Sciences
    Clyde & Co
    Clyde & Co
  • Article

    Amendments To The Magistrates And High Court Rules To Come Into Effect On 12 April 2024

    The Rules Board for Courts of Law, approved by the Department of Justice and Constitutional Development, issued amendments to the rules regulating the conduct of the proceedings...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Showing 601–620 of 638 results

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