The Labour Laws Amendment Bill is a new piece of legislation which seeks to introduce parental leave for not only the birth of a child, but also for parents who choose to adopt or commission the services of a surrogate.
The SCA has at last settled the uncertainty in relation to the application of rebate item 412.09 of Schedule 4 to the Customs and Excise Act 91 of 1964 when it handed down judgment in the case of SARS v Encarnacao N.O. on 29 May 2018.
Local online publication Freight & Trading Weekly has in its 1 June 2018 publication reported that shipping lines have urged Transnet to consider redeploying some of its tugs currently operating in the Eastern Cape to the port of Cape Town.
People were complaining about the dozens of emails they received last week informing them that international companies were updating their privacy policies and asking them to verify information due to the GENERAL DATA PROTECTION REGULATION taking effect in the E U.
The reality is that proper incorporation of well drafted STCs remains critical to the protection of a business, particularly where a claim arising from negligence or some other contractual obligation has occurred.
The case of Mr A and XYZ CC versus the Commissioner for the South African Revenue Services, (judgment was handed down on 08 February 2018) dealt with the failure by taxpayers to submit income tax returns and VAT returns and the resultant understatement penalties imposed by SARS.
In 2013, in order to address the differences in tax systems of multiple countries, the Base Erosion and Profit Shifting Action Plan was adopted by the Organisation for Economic Cooperation and Development and G20 countries, including South Africa. This resulted in the development of Country-by-Country reporting.
Currently over 2.3 million taxpayers and traders owe SARS just under R150billion. SARS announced on 9 March 2018 that it has outsourced the older and relatively smaller amounts due to it to a number of debt collection agencies.
In February 2017, Hanjin Shipping Company was declared bankrupt by the South Korean courts, the largest bankruptcy for container shipping in 30 years. It is not always easy to choose between the insolvency process and the sale process. Insolvency can be costly, yet an orderly sale process is also difficult to achieve, given the high level of trade debts and potential maritime lien claims.
In the recent unreported 2017 Equality Court case of Saddiq v Department of Labour and Others, an Asylum Seeker who had been in S.A. for approximately six years and who was employed by the same employer for two and a half years when his employment terminated, approached the court to enforce a claim for his UIF benefits.
In todays modern world, where most people have access to the internet, it is easy to obtain a template of a sale agreement for immovable property. However, certain legalities have to be complied with in order for the agreement concluded between the parties to be valid and binding.
In February, Shepstone & Wylie Attorneys, in partnership with the South Africa Institute of Tax Professionals (SAIT), hosted a corporate insights breakfast. Being held on the morning after the Budget Speech, the objective of the breakfast was to provide companies with insight into what to expect both politically and financially in the coming year.
The new Prevention and Combating of Hate Crimes and Hate Speech Bill which has been approved by cabinet for consideration by parliament. In terms of this new Bill, the criminalisation of hate speech is introduced into our law which has far reaching consequences.
In July 2017 we published a note on a judgment handed down in the Western Cape Division of the High Court of South Africa, which addressed the common practice in South Africa of issuing so-called ‘protective writs’.
The issue which arises in the Appeal case of Volkswagen South Africa (Pty) Ltd / The Commissioner for the South African Revenue Service (1123/2016 ZASCA 190) is whether the accrual of rebates calculated with reference to capital expenditure, and to which the Appellant became entitled under a government scheme to support the local motor industry, should be regarded as accruals of a revenue or capital nature.
On 18 December 2017, the Taxation Laws Amendment Act, No. 17 of 2017 was promulgated, whereby amendments were made to paragraph 43A of the Eighth Schedule to the Income Tax Act. The amendment made to Paragraph 43 of the Eighth Schedule effectively provides that buy-backs that meet certain criteria are to be treated as proceeds for CGT purposes.
South African citizens and investors are feeling slightly more optimistic now that Cyril Ramaphosa is the President of the ANC. That being said, however, February’s budget speech is still going to be a tense affair.
As most people are aware, the Sugary Beverages Levy (“SBL”) will come into effect on 1 April 2018 and applies to consumers, manufacturers and importers of sugary beverages. It is a new Health Promotion Levy introduced in support of the Department of Health’s deliverables to decrease diabetes, obesity and other related diseases in South Africa.
National Treasury published a second draft Carbon Tax Bill for introduction in parliament, as well as for public comment on 14 December 2017. The actual date of implementation of the carbon tax will be determined through a separate and later process by Minister Gigaba through an announcement during 2018 or at the Budget 2019, taking into account the state of the economy. Stakeholders are invited to submit written comments on the draft carbon tax bill by close of business on 09 March 2018 to email@example.com.
The purpose of the National Minimum Wage Bill is to improve the wages of the lowest paid workers and to protect them from being paid unreasonably low wages. The minimum wage will apply to all employees as defined in the The Basic Conditions of Employment Act, No. 75 of 1997, and only excludes independent contractors and members of the South African National Defense Force, the National Intelligence Agency and the South African Secret Service.
With the kids back at school, many parents receive the school's Consent, Indemnity and/or Waiver in respect of general school activities, outings which they are told to sign. Do you know what you are signing?
On 1 December 2017, the Minister for Economic Development slipped the Competition Amendment Bill, 2017 into the Government Gazette allowing 60 days for comment........Make no mistake, if passed, these changes will have an enormous impact on the way firms do business in South Africa.
More often than not, the mother of a child whose former partner or spouse refuses to co-operate, is called upon to account to the school for issues or problems related to the non-payment of school fees.
There are many third-party business relationships the word over where bribery and corruption have been found. It is imperative that importers make use of third-party agents that they trust, and agents that have implemented strong anti-bribery and corruption practices across their business.
It appears that there are syndicates operating in the country using this form of trickery to extract vast amounts of money from people. “Catfishes” will be removed by social media platforms if they have pretended to be you and you report them with the images that they have made.
Employers often want to change the way they run their businesses and this often requires employees to accept a change to terms and conditions of employment. When agreement cannot be reached on the proposed change, employers face a dilemma on how to persuade employees to accept the change.