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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 [...]
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 [...]
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 [...]
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 [...]
Certain provisions of the Environmental Conservation Act remain in force
The case of the Minister of Water and Environmental Affairs v Really Useful Investments (436/2015) [2016] ZASCA 156 is a reminder that certain provisions found in [...]
REITS – some clarification of the taxation of investment vehicles in real estate in the form of REITS and controlled companies
A traffic standstill is rarely the result of retail specials; however, on 28 April 2016 the greater Johannesburg area had a gridlock on major highways on [...]
Far reaching judgment of the recent silicosis class action case
INTRODUCTION The scope and magnitude of the proposed class actions envisaged in Nkala v Harmony Gold Mining Company Limited (Treatment Action Campaign NPC and Sonke Gender [...]
Special voluntary disclosure and exchange control relief
By: The Werksmans Tax Team INTRODUCTION Following the announcement of the Special Voluntary Disclosure Programme (SVDP) in the 2016 Budget Speech and the [...]
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The importance of the recognition of cultural beliefs in the workplace
Cultural beliefs in the workplace Issue in dispute Can an employee who has a genuine cultural belief that she should attend a training course unrelated [...]
Let the litigation funder beware
Litigation funding agreement A litigation funding agreement is an agreement that provides for a non-party to finance a legal action on behalf of a litigant in [...]
Employment equity: The importance of regional demographics
Employment Equity Act 55 of 1998 In terms of the Employment Equity Act 55 of 1998 as amended (“EEA“) designated employers must implement an Employment Equity Plan (“EEP”) in order [...]
The legalities of volunteering – understanding your options and obligations
“It’s in your hands to make the world a better place.” – Nelson Mandela 10 Legalities around volunteering Mandela Day has arrived, bringing with it a [...]
Incitement to strike
Inciting employees to commit misconduct When does the conduct of an employee amount to ‘incitement’ justifying disciplinary action? In order to discipline an employee for inciting [...]
How binding is a CCMA settlement agreement?
Written settlement agreement at the CCMA If an employee enters into a written settlement agreement at the Commission for Conciliation, Mediation and Arbitration (“CCMA”) on the [...]
Protection of Personal Information Bill: What should you be asking?
In this Legal Brief we look at some of the questions that you should be asking yourself in light of the provisions of the Protection of Personal [...]
