Our team acts for a leading independent data, voice and intellectual property provider
Our team acts for a leading independent data, voice and intellectual property provider
Our team acts for a leading independent data, voice and intellectual property provider in a review brought by a state entity challenging the lawfulness of a substantial infrastructure which is in an advanced stage of its implementation. The case includes difficult questions of administrative law as far as the tender is concerned; the misuse of corruption legislation; and a constitutional challenge to the very existence of the state entity.
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27 May 2024
by Asma Cachalia
Misconduct confessions: When are they voluntary and admissible?
In the case of Brauns and Others v Wilkes N.O and Others 4 BLLR 365 (LAC), the three appellants sought to appeal the Labour Court judgment which dismissed their application to review an arbitration award which had found that their dismissal for dishonesty was substantivelyfair.
4 min read
1 Feb 2024
by Gerhard Badenhorst
VAT agency and principals
The terms “ agent ” and “ agency ” are not defined in the Value Added Tax Act 89 of 1991 (VAT Act). The South African Revenue Service (SARS) has indicated in Interpretation Note 42 (IN 42) that it accepts that the common law relationship between the principal and the agent prescribes the value-added tax (VAT) consequences of this legal relationship. The general VAT rule is that where a person, acting as agent, supplies goods or services on behalf of a principal to a third party, the supply is deemed to be made by the principal and not the agent (section 54(1) of the VAT Act). Conversely, where a third-party supplier makes a supply to an agent acting on behalf of a principal, that supply is deemed to be made to the principal (section 54(2) of the VAT Act). In these instances, the principal and not the agent must account for VAT on the supplies.
Tax & Exchange Control
6 min read
15 Jan 2024
by Fiona Leppan, Kgodisho Phashe and Kerah Hamilton
CCMA commissioners’ authority to expedite dispute resolution under the LRA: A discussion of SAA v SACCA and NUMSA
In 2020, South African Airways (SAA) underwent a restructuring exercise, which involved large-scale retrenchments and significant changes to terms and conditions of employment, impacting approximately 4,700employees.
Employment Law
3 min read
21 Aug 2024
by Nastascha Harduth, Dane Kruger and Gavriel Bender
Trading floor to boardroom door: The strategic power of delisting
South African stock markets are experiencing lower levels of liquidity, particularly in small- and medium-cap companies, due to a trend by institutional and other significant investors towards investment in larger, more liquid companies, driven in part by a growth in exchange traded funds, whose index spread mitigates risk for investors. Ultimately small- to medium-cap listed companies are perhaps becoming less relevant in the investor universe and are finding it more difficult to attract and raise equity capital through the public markets.
Corporate Debt, Turnaround & Restructuring
3 min read
30 Oct 2024
by Kate Anderson and Keagan Hyslop
50/50 shareholders and oppressive conduct: When some shareholders are more equal than others
A fundamental principle of South African company law is “ majority rules ” – shareholders and directors are bound by the decisions of the majority even where such decisions are not in their interest. However, recognising the potential for unfair abuse of such a principle, the Companies Act 71 of 2008 (Companies Act) devised section 163, which allows a director or shareholder of a company to apply to court for relief from oppressive conduct of the company or a person related to it that unfairly disregards or prejudices the interests of the applicant. Section 163 therefore paints the picture of a majority shareholder abusing its ability to control the company to unfairly bully or oppress minority shareholders. But what happens if the shareholders are equals – can a 50/50 shareholder be oppressed by their equal? This was the question before the High Court in Van der Watt v Schoeman and Others 91 SA 531 (ECGq).
Corporate & Commercial Law
4 min read
9 May 2024
by Albert Aukema, Jose Jorge and Taigrine Jones
Constitutional Court clarifies when retrenchments are merger specific
South Africa faces one of the highest unemployment rates in the world. This is the primary reason that the Competition Commission (Commission) must consider the effect on employment (as part of its public interest assessment) when evaluating a proposed merger. It has become standard practice in South Africa when there is a merger for restrictions to be imposed by the competition authorities – especially in respect of retrenchments.
Competition Law
6 min read