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Do you understand the understatement penalty behaviours?
Reviewed by: Ernest Mazansky, Director On 1 October 2012 the understatement penalty regime was introduced to replace the additional tax regime. An understatement penalty is determined [...]
World intellectual property organisation rules in favour of Capitec Bank Limited
WIPO has ordered the transfer of the top-level domain name capitec.com to Capitec Bank Limited ("Capitec"). This ruling is pursuant to a complaint lodged with WIPO [...]
Excon and cryptocurrencies
INTRODUCTION In a recent Werksmans Tax Brief (https://bit.ly/2K2emv1) we discussed the current SARS view on the South African tax treatment of cryptocurrencies ("cryptos"). However, an area [...]
THE LEGAL 500 EUROPE, MIDDLE EAST & AFRICA RANKINGS
The Legal 500 has released its 2018 rankings for the EMEA region. Regarded as one of the world's largest and most reputable legal referral [...]
The International Arbitration Act spells opportunity for South Africa
With the coming into operation of the International Arbitration Act[1] ("Act") on 20 December 2017, South Africa for the first time has a dedicated statute governing [...]
2018/2019 budget proposals – Tax overview
By: The Werksmans Tax Team INTRODUCTION Despite it being widely expected that this year's Budget would add to the ever-increasing burden of South African taxpayers, the [...]
STATE OF THE NATION ADDRESS
The National Land Audit has recently been made public. This report was primarily phase 2 of a Land Audit that was conducted in 2011. Whilst it [...]
CHAMBERS GLOBAL 2018
Chambers Global released its 2018 rankings Thursday, 15 February 2018. Chambers is an independent international legal ratings directory, ranking both individual lawyers and select practices on [...]
Automatically unfair dismissals
ISSUE IN DISPUTE If an employee does not adhere to the dress code in the workplace because of his religion, culture or gender and is then [...]
The Protection from Harassment Act 17 of 2011
The Act provides simple procedures and remedies in addition to those available to employees in terms of other legislation (such as the LRA, Employment Equity Act [...]
The use of alcohol in the workplace
An employer who is faced with an employee who is under the influence of alcohol in the workplace may, in the absence of satisfactory evidence by [...]
Informal restructuring or business rescue
Business rescue proceedings are formal legislated proceedings, under Chapter 6 of the South African Companies Act 71 of 2008 ("The Companies Act"), that are aimed at [...]
Coal for Christmas – Diener N.O. v Minister of Justice and others
It is that magical time of the year where images are abound of Christmas trees, fairy lights, delicious pudding, family gatherings and all things warm and [...]
Cleaning house
In the recent judgment of Jordaan and Others v City of Tshwane Metropolitan Municipality and Others[1] the Constitutional Court provided clarity regarding section 118(3) of the [...]
A First For Werksmans – Senior Associate, Naledi Motsiri wins Pro Bono Award
Werksmans has been involved in providing pro bono services for more than five years. We have a dedicated Public Interest Law team comprising of a director [...]
IP transactions and exchange control
In March 2017 the South African Reserve Bank (SARB) proposed certain new exemptions relating to the sale and licensing of Intellectual Property (IP) from South African [...]
Enforceability of medical testing as a clause in an employment contract
Pharmaco Distribution (Pty) Ltd v Weideman (JA104/2015) [2017] ZALCJHB 258 (4 July 2017) ISSUE Whether an employer can rely on a clause in an [...]
To credit is to pay
Although common in practice, and especially between group companies, not much judicial thought has previously been given to the tax effect of crediting an inter-company loan [...]
And now for something completely different (or not?)
INTRODUCTION With effect from 1 June 2017 the Medicines and Related Substances Amendment Act No. 72 of 2008 ("the Amendment Act") came into force by [...]
Director, Nastascha Harduth, becomes the first female fellow of INSOL international in SA
The on-going global financial crisis, recent confirmation by STATSSA that South Africa is in a technical recession and the globalization of business will result in South [...]
It’s not me, it’s you: incompatibility as a ground for dismissal
"An employer has the prerogative to set reasonable standards pertaining to the harmonious interpersonal relationships in the workplace" – words by Mokgoatlheng AJ in the case of [...]
Inadequacy of law in the digital age
Technology is advancing much more quickly than most people anticipated even a decade ago. This begs the question as to whether or not our social, economic [...]
The implementation of the BEPS multilateral instrument in South Africa
INTRODUCTION The implementation of the Base Erosion and Profit Shifting (BEPS) Multilateral Instrument in South Africa is progressing. On 5 October 2015, the OECD released [...]
Further update on the Special Voluntary Disclosure Programme in respect of offshore assets and income
INTRODUCTION In terms of the Explanatory Memorandum on the Special Voluntary Programme ("SVDP"), the SVDP will be deemed to have come into effect on 1 [...]
The special voluntary disclosure programme: an update and some practicalities and predicaments
By: The Werksmans Tax Team The Special Voluntary Disclosure Programme (“SVDP”) kicked off on 1 October 2016 and runs until the end of June 2017. The [...]
