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When a séance to raise the dead is permissible… SCA makes finding on nature of discretion exercised when setting aside a winding-up order
An order setting aside a winding up order is akin to raising the dead - especially if the winding-up is far into its progression. The [...]
National Health Insurance Bill and the possible implications for private healthcare
A second iteration of the National Health Insurance Bill [B11B-2019] has been published. This follows a public commentary period before the Parliamentary Portfolio Committee on [...]
South African Chapter in The Banking Regulation Law Review | 14th Edition
The 2023 edition of the South African Chapter in The Banking Regulation Law Review | 14th Edition guide is out! Director, Natalie Scott and Janice Geel, [...]
The legal and ethical processing of healthcare information
The overall objective of the Protection of Personal Information Act No. 4 of 2013 ("POPI Act") is to promote the protection of Personal Information (defined [...]
Is the refusal of a provisional sequestration order appealable?
On 14 April 2023, the Supreme Court of Appeal ("SCA") delivered judgment in the matter of Liberty Group Limited ("Liberty") and Mohammed Shaaz Moosa ("Moosa")[1]. [...]
SARS: Misrepresenting Misrepresentation
As every taxpayer knows, SARS has extremely wide powers under the various fiscal Acts to enforce and collect tax. One of the protections given to [...]
Changes to the tax treatment of trust income awarded to foreign beneficiaries on the horizon
Currently, income that arises in a South African trust which is awarded to a foreign beneficiary during the same tax year is disregarded in the [...]
What exactly are the duties and responsibilities of the mining right holder in the retrenchment process in the mining industry?
In Association of Mineworkers & Construction Union v Buffalo Coal Dundee (pty) Ltd & another ("Buffalo Coal"), the Labour Appeal Court ("the LAC") considered the [...]
Section 11 of the Mineral and Petroleum Resources Development Act
In terms of section 11(1) of the Mineral and Petroleum Resources Development Act 28 of 2002 ("MPRDA") - "A prospecting right or mining right or an [...]
The unrealised transformative potential of preferent community mining rights
and Siphamandla Dhlamini, Candidate Attorney The Mineral and Petroleum Resources Development Act No. 28 of 2002 ("MPRDA") was enacted with the express purpose of promoting equitable [...]
Private companies and the new transparency provisions of the Companies Act
The Companies Act No 71 of 2008 ("Act") was amended on 1 April 2023 with the purpose of increasing corporate ownership transparency in accordance with international [...]
Generative AI: It’s magic but fraught with legal risks
and Hlonelwa Lutuli, Candidate Attorney The use and beneficial application of generative AI in the workplace is increasing at an exponential rate - with many businesses [...]
The correct approach to Section 138(5)(a) of the LRA: rescission or re-enrolment?
On 27 May 2023, as a direct response to Labour Appeal Court's judgement of Mohube v Commission for Conciliation, Mediation and Arbitration (JA18/2022), the CCMA revised its [...]
Hand over the tax records! Section 35 and 46 of PAIA unconstitutional
and Siyabonga Galela, Candidate Attorney On 30 May 2023, the Constitutional Court handed down its ruling in the matter of Arena Holdings (Pty) Ltd and Others [...]
Numerical Targets: No jobs will be lost!
The publication of the Employment Equity Regulations on 12 May 2023 has been the subject of much public controversy. While a vibrant contestation of ideas [...]
Certificate of need in the healthcare sector: not needed
The National Health Act or NHA[1] makes provision for a system of licensing referred to as a certificate of need or CoN. A certificate need [...]
The FSCA publishes exemptions for Crypto Assets Financial Service Providers
Siphosethu Zazela, Candidate Attorney On 11 May 2023, the Financial Sector Conduct Authority ("FSCA") published notice 25 of 2023 ("Notice"), (i) exempting crypto asset financial [...]
Pro Bono Articles
Five tips to optimise your first consultation with an attorney Coercive and Controlling Behaviour in the Domestic Violence Act An Overview of the Domestic Violence [...]
FAQ – Opportunities for investors arising from the South African business rescue process
DOWNLOAD THE FAQ GUIDE HERE The South African business rescue process has created the opportunity for investors (local and foreign) to position themselves in order [...]
Raging against the machine
and Thembelihle Tshabalala, Candidate Attorney, The meteoric rise of artificial intelligence (AI) is generating infinite possibilities and particularly so when linked to or combined with [...]
Additional obligations on accountable institutions
Following on the recent amendments to the Financial Intelligence Centre Act, 38 of 2001 ("FICA") and most notably, the extension to the scope of accountable [...]
The proper interpretation of conflicting provisions in the Income Tax Act
and Luke Magerman, Candidate Attorney A recent tax court judgment added valuable jurisprudence to the often-litigated issue of the interpretation of two conflicting legislative provisions. In [...]
What is the relevance of s 52 of the MPRDA on retrenchments in terms of section 189 and 189A in the mining industry?
In National Union of Mineworkers v Anglo American Platinum Ltd & others (Amplats), on 15 January 2013, Amplats had issued a notice of intention to [...]
Renewable energy tax incentives
and Luke Magerman, Candidate Attorney The draft legislation to give effect to the two renewable energy tax incentives announced in the 2023 Budget Speech was published [...]
Breaking the Chains: the Case of Ndwandwe v Trustees of Transnet Retirement Fund and others – A not-so-friendly reminder that a pension fund is not bound by a nomination form
and Karabo Kekana, Candidate Attorney The recent decision of Ndwandwe v Trustees of Transnet Retirement Fund and others[1] (the Ndwandwe decision) concerned the review of a [...]
