Directors beware: increased scope for director liability under South African Environmental Law

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. 

JILB - Women and Juniors in Law & Banking - Business Rescue Seminar

Financing mining projects: Thinking out of the box to unlock Africa’s mining potential

The African mining sector, rich in resources but often constrained by financing challenges, is at a crossroads. Traditionally, mining companies have relied on conventional financing methods to fund exploration, development and expansion projects. These methods – primarily equity financing, bank loans and project financing – have long been the ‘go-to’ options for raising capital. However, in today’s volatile economic environment, especially in emerging markets like Africa, these traditional models come at a significantcost.  

Human rights obligations arising from the EU’s Corporate Sustainability Due Diligence Directive

The European Union (EU) recently adopted the Corporate Sustainability Due Diligence Directive 2024/1760 (CSDDD), which came into effect on 25 July 2024. Member states to the EU have until 26 July 2026 to implement this framework into their national legislation, which will finally come into play through a phased implementation approach over two to three years.

Only eat your share of the baguette: An analysis of the recent High Court decision on withholding tax on management and professional fees under the Kenya-France DTA

On 4 July 2024, the High Court in Commissioner of Domestic Taxes v Total Kenya Limited (Income Tax Appeal E044 of 2021) determined that withholding tax on management and professional fees is not payable in Kenya under the Kenya-France Double Tax Agreement (DTA). This decision arises from an appeal lodged before it by the Commissioner of Domestic Taxes, following a similar finding by the Tax Appeals Tribunal (TAT) in TAT Appeal 151 of 2016 (Consolidated with Tax Appeal 16 of 2017).

Balancing transparency and process: A court's approach to dual application of PAIA and PAJA

In the case of SKG Africa (Pty) Ltd v the South African Local Government Association and Others (3) SA 540, the Eastern Cape High Court dealt with the challenges caused by the simultaneous application of two key pieces of legislation: the Promotion of Access to Information Act 2 of 2000 (PAIA) and the Promotion of Administrative Justice Act 3 of 2000 (PAJA).