Legal updates and opinions
Search Author
Exchange control relaxations for Intellectual Property transactions
INTRODUCTION In the recent 2017 Budget Review, the National Treasury proposed the relaxation of the exchange control restrictions surrounding certain Intellectual Property ("IP") transactions as [...]
Merger thresholds in Swaziland and Tanzania – absence of a local Nexus?
It is standard practice for competition regulators, empowered by legislation to monitor and evaluate mergers, to set minimum financial or market share thresholds which must be [...]
.africa domain is here
The long awaited .AFRICA domain name extension will be available as of 3 April 2017 and will be managed by ZACR (ZA central registry). This is [...]
The National Minimum Wage: a further update
On 8 February 2017, Cyril Ramaphosa, the Deputy President of South Africa, disclosed preliminary details regarding the implementation of a national minimum wage ("NMW"). This came [...]
Mirror, mirror on the wall, who’s the fairest of them all? Most favoured nation clauses from a Competition Law perspective.
Most favoured nation ("MFN") clauses, also known as price parity clauses or most favoured customer clauses, which appear in vertical agreements between suppliers and distributors, generally [...]
Significant changes to government/parastatal procurement regulations promote Broad Based Black Economic Empowerment
New regulations in terms of the Preferential Procurement Policy Framework Act ("PPPFA") have been published and will take effect from 1 April 2017. The regulations replace the [...]
Judging a book by its cover price – apple and the great e-book swindle
INTRODUCTION No one can deny that since Apple launched its first iPod in October 2001, the company has seen enormous growth in product sales, revenue [...]
Are your trade marks filed properly? Key issues to consider in trade mark protection.
We refer to the article in the February 2017 edition of LegalWerks which dealt with the dangers of choosing a descriptive trade mark. In this article [...]
2017/2018 budget proposals – Tax overview
INTRODUCTION While the increase in the maximum marginal rate for individuals to 45% was widely forecast, with trusts being taxable at the same flat rate, [...]
Update: agreement on the National Minimum Wage signed
On 8 February 2017, Fin24 reported that according to the Federation of Unions of South Africa, an agreement had been reached, and signed, between parties at [...]
Fixed term employment and procedural fairness in large scale retrenchments
ISSUE(S) Whether the employees' fixed term contracts had terminated by operation of law having regard to section 196B of the LRA. Whether the employer should [...]
Legislative update
DRAFT CODE OF GOOD PRACTICE ON EQUAL PAY FOR WORK OF EQUAL VALUE The Minister of Labour published the Draft Code of Good Practice on [...]
Truworths vs Ackermans: the importance of carefully selecting a trade mark
Ackermans has recently been successful in a precedent setting trade mark dispute against Truworths which was heard by the Supreme Court of Appeal. The trade mark [...]
Environmental legal compliance evaluations, an indispensable risk management tool
The awareness of environmental harms being inflicted by industry is continually growing due, firstly, to the ever increasing visual presence of pollution and, secondly, due to [...]
Top ten risks for creditors of companies going into Business Rescue in 2017
Continued pressure on business and world economies appears to continue into 2017. In South Africa, 2016 has seen several companies going out of business and with [...]
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 requirements for the transfer of a business as a going concern
ISSUE What is the proper test for determining whether a transfer of a business as a going concern has occurred? COURT'S DECISION In [...]
Ambit of inspector powers under Section 54 of the Mine Health and Safety Act 29 of 1996 clarified
At its core the Mine Health and Safety Act No 29 of 1996 ("MHSA") aims to promote a culture of health and safety and protect the [...]
Prescription of claims: on-demand loans
A loan which is repayable on demand becomes due the moment it is advanced to the debtor. Accordingly, such a debt will prescribe (or be extinguished) [...]
South Africa’s Business Rescue regime – firing on all cylinders?
The downturn in world economies has placed business under severe pressure in the last few years. In South Africa, the knock-on effect has been felt, with [...]
Tax amendments – 2016
INTRODUCTION The Taxation Laws Amendment Bill, 2015, the Tax Administration Laws Amendment Bill, 2015 and the Rates and Monetary Amounts and Amendment of Revenue Laws [...]
The dismissal process
ISSUE When does a dismissal take place and what must be shown to prove that fact? COMMISSIONER'S DECISION In the case of Makosi [...]
QUO VADIS – business rescue or liquidation?
Going under business rescue is proving to be an increasingly attractive option for South African companies that are in financial distress since the advent of Chapter [...]
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 [...]
