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Middle East – Africa

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Japan and South Africa: 2023 shifting trends in international tax

by 4 Mins Read

The implementation of Pillar 2, a principal rule of the Organization of Economic Cooperation and Development’s 15% global minimum tax proposal, has been debated for several years. Recently, Japan took a firm step towards affirming its adoption of Pillar 2 when the country outlined its 2023 Tax Reform Package, which included the implementation of the 15% global minimum tax. The Package also introduced an Income Inclusion Rule that in broad terms, aligns with the Global Anti-Base Erosion (GloBE) Model Rules, expected to become effective in 2024. This affirmative step by Japan puts some pressure on other states that have committed to implementing the GloBE rules, particularly in the European Union (EU), the United States (US) and South Africa.

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In Trade and Foreign Investment

United States and Africa: Building strong partnerships

by 8 Mins Read

The strengthening partnerships between the United States and African countries is evident in recently announced initiatives that focus on sustainability and community empowerment and that provide reciprocal benefits for the citizens of both regions. Such initiatives include, for example, increased US support for climate, clean energy and infrastructure development projects in Africa, and programs that boost reciprocal trade and investment between the two regions.

In

South Africa: SARS’ right to intervene in review applications stemming from criminal proceedings

by 5 Mins Read

This article explores the scope of the South African Revenue Service’s (SARS) direct and substantial interest in the case of “Commissioner: South Africa Revenue Service: In re: Cyril and Another v Additional Magistrate, Magistrates Court for Region of Alexander.” This case confirms that SARS has a direct and substantial interest in the evidence admitted in a review application stemming from criminal proceedings under the Customs and Excise Act. It further confirms that there is no time limit for intervention applications.

In AML & Financial Services Regulatory

South Africa: Financial Action Task Force’s potential greylisting

by 6 Mins Read

In October 2021, the Financial Action Task Force published its Report on South African Anti-money Laundering and Counter Terrorist Financing Measures. The Report concluded that South Africa is partially compliant with 17 of the FATF technical Recommendations and totally non-compliant with three of them, putting into doubt the country’s ability to ensure safeguards in accordance with international standards. FATF places countries that are not technically compliant with their Recommendations under increased scrutiny and monitoring. These states are considered “Jurisdictions Under Increased Monitoring,” and the list of these states is referred to as the ‘greylist.’

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In Environment

Africa: Climate finance was a key focus at “Africa’s COP”

by 1 Min Read

The availability of climate financing to assist developing countries, the most vulnerable in the world to climate change, with the transition to a low-carbon, climate-resilient future was one of the key topics under discussion COP 27. There were numerous funding and climate action announcements focusing on Africa at “Africa’s COP”. It is hoped African countries will soon be able to access some of the financing required to fortify the continent against the impact of climate change. Achieving this is essential, not only to address urgent climate change adaption and mitigation challenges, but also to unlock the great potential of the continent.

In Trade and Foreign Investment

Africa: An update on free trade – the Guided Trade Initiative

by 5 Mins Read

The African Continental Free Trade Area Agreement (AfCFTA) recently launched the Guided Trade Initiative to test meaningful, continuous trade under AfCFTA and to assist in the development of shorter, regional value chains that will allow for more climate-resilient, sustainable trade across the continent. But for Africa to make the most of free trade, it is essential that large gaps in continent-wide infrastructure and manufacturing be developed in a sustainable way.

In Environment

South Africa: The latest developments in Just Energy Transition

by 7 Mins Read

At COP 27 in November 2022, South Africa launched its new Just Energy Transition Investment Plan and announced a five-year investment plan for the USD 8.5 billion financing package, which was announced as part of the country’s Just Energy Transition Partnership with France, Germany, the United Kingdom, the United States and the European Union at COP 26. The JET IP is aligned with the Cabinet-approved National Just Transition Framework and outlines the investments required to achieve the country’s decarbonization commitments, while promoting sustainable development, and ensuring a just transition for affected workers and communities.

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In Antitrust / Competition

South Africa: The Competition Commission publishes revised Guidelines on Small Merger Notifications

by and 5 Mins Read

The Competition Commission of South Africa has published revised, final guidelines on small merger notifications to more readily be able to identify small mergers and acquisitions involving digital markets. The small merger guidelines were revised due to an increased concern regarding potential anti-competitive acquisitions in the digital markets, which are potentially able to escape regulatory scrutiny. The guidelines will come into effect on 1 December 2022.

In Employment

South Africa: It is not a one-size-fits-all when dismissing employees involved in violent protests says the Constitutional Court

by and 4 Mins Read

The Constitutional Court in South Africa recently clarified the application of the doctrine of common purpose in the employment law context. The Constitutional Court answered the question as to whether an employer may apply the doctrine of common purpose to dismiss employees for misconduct where the employees were spectators to a violent assault during an unprotected strike. This decision has implications for employers who intend to dismiss employees for these reasons.

In

South Africa: Non-resident shareholders, are your shares endorsed?

by and 3 Mins Read

There are many examples of non-resident shareholders of South African companies failing to endorse their shares. This constitutes a breach of South Africa’s Exchange Control Regulations and may be subject to penalties and/or imprisonment. This endorsement should be carried out as soon as possible after the acquisition of shares, and if this was not done, it should be rectified straight away.

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