Liquor and tobacco ban during level 4

To survive, or not to survive? Some conditions precedent pitfalls to look out for

One of the important aspects of written agreements being subject to the fulfilment or waiver of certain agreed conditions precedent, or suspensive conditions, (CPs) before the substantive provisions of the agreement become of force and effect, is the so-called “ surviving provisions/clauses ” (also known as “ immediately effective provisions/clauses ”). In the ordinary course, the crux of the transaction contemplated in such an agreement and the clauses relating to it are suspended from the signature date until all of the CPs are fulfilled or waived (if permissible and applicable) by an agreed date or dates (fulfilment date). If all of the CPs are not fulfilled or waived by the fulfilment date, the agreement effectively falls away and will be of no force or effect. However, it should be borne in mind that the parties to an agreement with CPs may very well intend for certain of the clauses in the agreement to come into force and effect from the signature date of the agreement and to survive the falling away of the substantive provisions due to non-fulfilment of theCPs. 

Rethinking staff outsourcing contracts from a tax perspective

On 30 August 2024, the Tax Appeals Tribunal (Tribunal) delivered a judgment in Appeal E433 of 2024 (judgment), in which it held that the reimbursement of staff costs made by a charitable foundation (Foundation) to a non-charitable but related company (Related Co) under a staff secondment arrangement was subject to withholding tax (WHT) since the costs amounted to management or professional fees. This marks a departure from its earlier decision in Two Lakes Packaging Services Limited v Commissioner of Domestic Taxes (Appeal Number 420 of 2021) (Two Lakes), in which the Tribunal held that WHT should not be deducted from recharges of staff salaries.

An Analysis of the Affordable Housing Bill, 2023 vis a vis the High Court's Judgment and the ruling of the Court of Appeal

On 28 November 2023, The High Court of Kenya held that the housing levy as framed in Finance Act, 2023 is unconstitutional.

HiveLaw: How collaboration and tech is shaping the future of university law clinics

All South African citizens and corporate entities share responsibility to help build a fair and just society. The South African regulatory framework seeks to encourage and empower corporate participation in commercial enterprises that uplift individuals and communities.

The impact of AI and the power of streaming platforms in the South African context

Companies Act changes imminent: What you can do to prepare

On 26 March 2024, the Companies Amendment Bill (Bill) and the Companies Second Amendment Bill (Second Amendment Bill) were passed by the National Council of Provinces and are now awaiting presidential assent. With this anticipated to happen at any moment, the enactment into law of the Bill and the Second Amendment Bill (collectively, the Bills) isimminent.