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  • Article

    Black Economic Empowerment

    With the publication of the first draft Codes of Good Practice (codes) under the Broad-Based Black Economic Empowerment Act No. 53 of 2003 (BEE Act) in December 2004, the regulation of BEE has taken an interesting turn.
    South AfricaEnergy and Natural Resources
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    No Prospectus No Deal?

    The South African corporate world recently stood in trepidation of a momentous decision by the Supreme Court of Appeal ("SCA") which could have resulted in most, if not all, share for share offers made to shareholders of public companies concluded during the past few decades being declared unlawful.
    South AfricaFinance and Banking
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Can A Shareholder Recover Loss Caused By A Wrong Done To The Company In Which It Holds Shares?

    It is trite law that a company is a separate legal entity distinct from its shareholders. Shareholders enjoy the benefit of this primal distinction in that they cannot be sued as shareholders...
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Can Employees Directly Approach The Labour Court For An Unlawful Deduction Claim Under Section 34 Of The BCEA?

    This question concerns the jurisdiction of the Labour Court to determine disputes arising from section 34 of the Basic Conditions of Employment Act (BCEA).
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Competition Appeal Court Confirms Fine For Use Of Exclusive Contracts – What Key Features Should I Be Aware Of?

    Computicket was found to have contravened section 8(d)(i) of the Competition Act 89 of 1998 which provides that "it is prohibited for a dominant firm to engage in any of the following ...
    South AfricaAntitrust/Competition Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Shareholder Self-Help And The Board's Refusal To Convene A Meeting

    In the case of Heatherview Estate Extension 24 Home Owners Association v Mahlatse Trading Enterprise CC and Others, the High Court considered the meaning and effect of s61 of the Companies Act, ...
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Will The Country Evaluation By The Financial Action Task Force Recognise The South African Judiciary's Contribution Regarding Effectiveness?

    On 21 August the Gauteng Division of the High Court handed down a judgment setting aside the findings of the Arms Procurement Commission
    South AfricaCriminal Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Cliffe Dekker Reviews the Implications of the National Credit Bill for Grantors of Credit

    Following in the footsteps of the Competition Act, the National Credit Bill is a new piece of legislation that aims to set up a similar regulatory framework and infrastructure to regulate the granting of credit to consumers.
    South AfricaFinance and Banking
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    The Effect of Transfer Pricing on Management Fees

    Asset management services performed by a resident in a different jurisdiction to the recipient of the services gives rise to potential transfer pricing implications that should be borne in mind.
    South AfricaTax
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Walking The Tightrope – Guidelines For Defining Your Malus And Clawback Policy

    There is a growing trend in South Africa towards businesses adopting malus and clawback policies in relation to their variable pay structures and employee incentive schemes.
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Further Steps Towards Enhanced Regulation – Trade Reporting Of OTC Derivatives

    This is a move to increase control and regulation over what was a largely unregulated OTC derivatives market.
    South AfricaFinance and Banking
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Competition Law In Africa – Update 2019

    2019 has seen some interesting developments in African competition law. This alert focuses on the most recent news in Botswana, Namibia and Zambia.
    South AfricaAntitrust/Competition Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Another Ruling On Income Tax Allowances For Future Expenditure

    Under section 24C of the Income Tax Act 58 of 1962, if a taxpayer receives income under a contract in a tax year.
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Seeing Eye-To-Eye: The National Credit Act's Applicability To Settlement Agreements

    It is no secret that the National Credit Act, No 34 of 2005 (Act) has its problems. Courts have been called upon numerous times to interpret what should be simple provisions that confuse contracting parties.
    South AfricaFinance and Banking
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    VAT Apportionment: An Unintended Penalty?

    The stated policy of the South African Revenue Service (SARS) not to make value-added tax (VAT) apportionment rulings effective retrospectively...
    South AfricaTax
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Corporate Investigations: Gearing Up For International Fraud Awareness Week

    International Fraud Awareness Week (Fraud Week) kicks off on 17 November and ends on 23 November 2019. This is an opportune time for every organisation in the country
    South AfricaCriminal Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    How Instalment Sale Agreements Could Provide A Creative Finance Solution For Deals Banks Turn Away

    The present economy is challenging due to a multitude of macro and micro economic factors at an international and local level. In an article published by Business Tech on 3 July 2019
    South AfricaFinance and Banking
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    New Rules Aim to Tighten up Regulation of Cryptography Providers

    The Minister of Communications recently published the proposed Cryptography and Accreditation Regulations, which, among other things, will oblige providers of encryption services and products (cryptography providers) to supply highly detailed information about themselves and their services.
    South AfricaStrategy
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Can A Dominant Firm’s Communications Strategy Amount To Exclusionary Conduct?

    Two European Commission rulings demonstrate that dominant firms face competition law risks not only from pricing and supply practices, but also from misleading statements about competitors' products. These cases raise important questions about whether similar conduct could constitute exclusionary abuse under South African competition law, particularly section 8(1)(c) of the Competition Act.
    South AfricaAntitrust/Competition Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Constitutional Court Grants Life-Long Anonymity For Children In Criminal Proceedings

    In the matter of Centre for Child Law & Others v Media24 Limited & Others CCT 261/18, the Constitutional Court considered an application by the Centre for Child Law
    South AfricaLitigation, Mediation & Arbitration
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr

Showing 81–100 of 119 results

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