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  • Article

    The Integrated Resource Plan 2019: Distributed Generation MW Allocation

    The Integrated Resource Plan 2019 (IRP2019) was approved by Cabinet and promulgated on 18 October 2019 by the Minister of Mineral Resources and Energy (Minister), Gwede Mantashe.
    South AfricaEnergy and Natural Resources
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Venture Capital Companies And Trades In Respect Of Immovable Property

    In terms of section 12J of the Income Tax Act 58 of 1962 (Act), put simply, a person who invests in an approved "venture capital company" ...
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    A Tangle of BEE Ownership Measurement Criteria

    In a season of frenetic activity, South Africa has seen the publication of a variety of documents intended to further the implementation of Black Economic Empowerment (BEE) and as at the end of October 2004, sectoral transformation charters have been adopted in respect of the petroleum sector (2001), the mining sector (2002), the financial services sector (2003), the maritime transport industry (2003) and the information and communication technology industry (2004).
    South AfricaEnergy and Natural Resources
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Supreme Court Of Appeal Confirms Its Decision Regarding Trading Stock Obsolescence

    Given the wide discretion afforded to SARS in this respect, SARS' Practice Note No. 36 issued on 13 January 1995 (Practice Note 36) provides some guidance on the subject.
    South AfricaTax
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Bosasa – Liquidation Lessons Learned

    The sensational revelations that were made during the Zondo Commission of Enquiry into Allegations of State Capture, by, inter alia, the former COO of Bosasa, namely Angelo Agrizzi, shocked...
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    External Companies And The Obligation To Provide The BEE Commission With The Report Contemplated In Section 13G(2) Of The BEE Act

    In terms of section 13G(2) of the Broad-Based Black Economic Empowerment Act 53 of 2003 (BEE Act), all public companies listed on the JSE must provide the Broad-Based Black Economic Empowerment...
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Let us Not Mince Words on The Subject of Indirect Ownership

    Since minister Mandisi Mphalwa's embargoed briefing on the revised Codes of Good Practice under the Broad Based Black economic Empowerment Act (BEE ACT) on 24 June 2005, much has been made in the media of the purported exclusion of so-called "indirect ownership" in those Codes.
    South AfricaFinance and Banking
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    To Deem Or Not To Deem: Tax Court Judgment On Section 13quin Of The Income Tax Act

    The Tax Court also had to decide whether certain interest imposed should be remitted.
    South AfricaTax
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    The Picture Is Almost Complete: Further Regulations Published Regarding South Africa's Carbon Tax

    In this article, we briefly discuss the details of each of these regulations and how they will impact entities that will become liable for carbon tax under the Act.
    South AfricaEnergy and Natural Resources
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Binding Private Ruling 430 And Trust-to-trust Distributions

    South Africa's Revenue Service has issued Binding Private Ruling 430, clarifying its position on trust-to-trust distributions and the section 7(8) attribution rules. The ruling examines whether distributing an interest-free loan claim constitutes a disposition, explores how the causal nexus can be severed when downstream yields are generated by independent foreign companies, and reveals the administrative complexities trustees face when claiming foreign tax rebates for non-resident beneficiaries.
    South AfricaTax
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Minister Publishes Draft Amendments To MPRDA Regulations

    On 28 November 2019, the Minister of Mineral Resources and Energy (Minister) published Draft Amendments to the Mineral and Petroleum Resources Development Regulations,...
    South AfricaEnergy and Natural Resources
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    A Brave New World?

    In late June 2004, the Department of Trade and Industry ("dti") published a policy framework of the proposed amendments to the Companies Act ("the Act").
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Update: Employment Equity And Compliance

    South Africa's 26th Commission for Employment Equity Annual Report reveals a dramatic 48.4% decline in employment equity reporting following legislative amendments, while introducing a new compliance certificate regime that fundamentally alters how employers access state business opportunities. With six constitutional challenges now before the courts and new sectoral numerical targets in force...
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Corporate Investigations: FIC's Draft Guidance On Combating The Financing Of Terrorism And Anti-Money Laundering Measures Relating To NGOs

    On 16 October 2019, the Financial Intelligence Centre (FIC) released the Draft Public Compliance Communication No 103 (PCC103): Guidance on combating the financing of terrorism...
    South AfricaGovernment, Public Sector
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • 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

    Private Equity in South Africa: An Overview of the Market and Legal Environment

    The South African private equity industry is well established and, by emerging market standards, is relatively sophisticated.
    South AfricaTax
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Landmark Consumer Protection Bill Aims To Provide A Legal Framework For Consumer Protection In South Africa

    The Department of Trade and Industry (dti) embarked on a review of the consumer legislative framework that culminated in a draft green paper on consumer policy in September 2004. The policy seeks to promote a coherent and consistent framework for the regulation of consumer "business interaction". The first draft of the Consumer Protection Bill was published for information and comment on 15 March 2006.
    South AfricaConsumer Protection
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Customs & Excise Highlights - November 28, 2019

    Flordis South Africa (Pty) Ltd v Commissioner for the South African Revenue Service (61689/2015) [2019] ZAGPPHC 546 (17 October 2019) in the High Court of South Africa...
    WorldwideInternational Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Unpacking The Data Protection (General) Regulations, 2021 Of The Data Protection Act 24 Of 2019

    In part one of this three-part series, Cliffe Dekker Hofmeyr (CDH) Kenya will unpack the salient features and provisions of the Data Protection (General) Regulations of 2021 (the General Regulations).
    KenyaPrivacy
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr

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