South Africa

South Africa: Necessary Changes to Violence and Harassment in the World of Work

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The Draft Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the World of Work (Draft Code) was recently published for public comment in South Africa. Tiisetso Rabolao, Associate and Kirsty Gibson, Candidate Attorney, in the Employment and Compensation Practice in Johannesburg, outline the details of the new Draft Code.

South Africa: Contract Miners Beware – Proposed Tax Amendments to Have Far-reaching Impact on...

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At the end of July 2020, the National Treasury in South Africa released the Draft Taxation Laws Amendment Bill for comment. The Bill includes proposed amendments to both section 15 and section 36 of the Income Tax Act, effectively noting that capital expenditure allowances are only available to taxpayers that hold the relevant mineral rights. The proposed amendment, if passed in its current form, means that contract miners will not be entitled to claim any accelerated capital expenditure allowances, and will have to claim allowances for capital expenditure in terms of other provisions in the Income Tax Act. Denny Da Silva, Senior Tax Advisor at Baker McKenzie in Johannesburg, explains how this will impact contract miners.

South Africa: Directors owe a duty to their company, not to shareholders, court finds

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The Supreme Court of Appeal in South Africa recently considered the concept of claims for reflective losses in South Africa, focusing on whether shareholders could hold directors liable, in terms of the Companies Act, 71 of 2008, for conduct which resulted in a decrease in the company's share price. John Bell, Partner, Rui Lopes, Associate, and Nothando Mthimkhulu, Candidate Attorney, in the Dispute Resolution Practice at Baker McKenzie in Johannesburg, explain the details and outcome of this case.

South Africa: Contract Miners Beware – Proposed Tax Amendments to Have Far-reaching Impact on...

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At the end of July 2020, the National Treasury in South Africa released the Draft Taxation Laws Amendment Bill for comment. The Bill includes proposed amendments to both section 15 and section 36 of the Income Tax Act, effectively noting that capital expenditure allowances are only available to taxpayers that hold the relevant mineral rights. The proposed amendment, if passed in its current form, means that contract miners will not be entitled to claim any accelerated capital expenditure allowances, and will have to claim allowances for capital expenditure in terms of other provisions in the Income Tax Act. Denny Da Silva, Senior Tax Advisor at Baker McKenzie in Johannesburg, explains how this will impact contract miners.

South Africa: Significant implications for online gaming companies in the draft Films and Publications...

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The recently published draft Films and Publications Amendment Regulations have significant implications for online gaming companies in their current form. The Regulations are out of sync with the commercial realities of online content distribution and gaming platforms and impose extensive administrative and cumbersome obligations on online distributors .Janet MacKenzie, Partner and Head of the Technology, Media and Telecommunications industry group, and Reinhardt Biermann, Associate, at Baker McKenzie Johannesburg, explain the implications.

South Africa: The de-globalizing pandemic – FDI and preparing for the post-COVID reality

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Overall, globalization has contributed to economic growth in Africa, but post COVID-19, authorities around the world are tightening restrictions and implementing barriers to foreign investments in a bid to protect industries that may be left vulnerable during these times. Lerisha Naidu, Partner, and Selma Matsinhe, Associate, in the Competition and Antitrust Practice Group in Johannesburg, explain how a careful balance needs to be struck between protectionism and attracting foreign investment.

South Africa: Innovative protocol developed for virtual arbitration hearings in Africa

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Due to the specific challenges and circumstances that may arise in relation to remote hearings in Africa, the African Arbitration Academy has developed a...

South Africa: Clarity at last – the application of section 46 of the Income...

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The South African Revenue Service released Binding General Ruling 54 on 22 June 2020, clarifying important aspects of the application of section 46 of the Income Tax Act regarding unbundling transactions and the distribution of unlisted shares. Denny Da Silva, Senior Tax Advisor in Johannesburg, outlines the details.

South Africa: Cybercrime post COVID-19 – Authorized push payment fraud in the world of...

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COVID-19 has led to an increase in online business dealings and transactions, which has resulted in a steady rise in cybercrime. Criminals are using techniques such as authorized push payment fraud to steal large sums of money from unsuspecting individuals and entities. Wian Steyn, Senior Associate, and Rui Lopes, Associate, in the Dispute Resolution Practice Group in Johannesburg, discuss how this fraud takes place, and the legal obligations and duties imposed on investment managers, investors and banks, to protect against it.

South Africa: Cybercrime post COVID-19 – Authorized push payment fraud in the world of...

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COVID-19 has led to an increase in online business dealings and transactions, which has resulted in a steady rise in cybercrime. Criminals are using techniques such as authorized push payment fraud to steal large sums of money from unsuspecting individuals and entities. Wian Steyn, Senior Associate, and Rui Lopes, Associate, in the Dispute Resolution Practice Group in Johannesburg, discuss how this fraud takes place, and the legal obligations and duties imposed on investment managers, investors and banks, to protect against it.
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