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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19 Jul 2023
by Desmond Odhiambo, Christine Mugenyu and Effie Atieno
Liquidation of Tuskys Supermarket: A case of too little too late
On 31 May 2023, Justice Majanja issued a judgment that marked an end to the restructuring efforts of Tuskys Supermarket after a three-year court battle. It was another classic example of an attempt to restructure a company’s debt at the tail end of a distress cycle rather than at the early stages when the chances of recovery are higher.
Business Rescue, Restructuring & Insolvency
3 min read
11 Oct 2023
by Zakiya Shaik and Dane Kruger
Inside out? A discussion on the case of The Butcher Shop and Grill CC v Trustees for the time being of the Bymyam Trust
Disregarding the corporate personality of a company is a well-established departure from the principle that a company is a separate legal entity distinct from its shareholders.
Corporate & Commercial Law
9 min read
18 Apr 2024
by Gerhard Badenhorst
VAT complexity or clarity: The Constitutional Court’s judgment in the Capitec Bank case
The deduction of value-added tax (VAT) is a fundamental principle of the operation of the VAT system. If a vendor who makes taxable supplies is denied the right to deduct VAT, then it distorts the operation of the VAT system and results in a cascading of thetax.
Tax & Exchange Control
8 min read
30 May 2024
by Stella Situma
Worrying trend in exercise of statutory power of sale: A preserve of entities conducting banking or financial business and licensed by CBK?
At the heart of every secured lending transaction is a lender’s comfort in the knowledge that in the event of default by the borrower, it will be able to enforce its security, including the ability to exercise of statutory power of sale on chargedland.
Finance & Banking Law
3 min read
31 Oct 2023
What is the status of parental leave?
The parental leave provisions of the Basic Conditions of Employment Act 75 of 1997 were declared invalid because of inconsistency with the Constitution. The declaration of invalidity is suspended for two years to allow Parliament to remedy the defect. The Court has provided interim relief by amending the legislation to provide all parents 4 consecutive months' parental leave collectively. However, the Constitutional Court has to make the final decision on whether the order of invalidity is confirmed before it has any force. Watch our webinar discussion on the impact of this judgment and the way forward.
Employment Law
35:08 Minutes
21 Sep 2023
by Louis Botha
An anticipated revenue shortfall: Will it affect tax rates and policy?
In the past few weeks, it has been widely reported that South Africa’s public finances are not in the best state and that a tax revenue shortfall is anticipated for the current fiscal year. Inevitably, a question has arisen around how Government will respond to this.
Tax & Exchange Control
4 min read