Factors for consideration by trustees when withholding a member's pension fund benefits
02 Apr 2024
BY Wandile Ndabambi , Michelle Casey AND Atlegang Raganya
Various court decisions have established parameters regarding the withholding of a member's benefit by a pension fund, under the Pension Funds Act 24, 1956.
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Directors held personally liable for the non-payment of pension fund contributions and the application of prescription to complaints in terms of the Pension Funds Act.
02 Apr 2024
BY Wandile Ndabambi AND Atlegang Raganya
Directors must understand their legal obligation to transfer all deducted member contributions into the pension fund's account within seven days after each month-end. Non-compliance risks personal liability and asset jeopardy.
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South African SIFI banks and holding companies are required to issue Flac (unsecured debt) instruments for resolution readiness
02 Apr 2024
BY Madison Liebmann , Matthew Morrison AND Sinovuyo Damane
South African banks designated as Systemically Important Financial Institutions (SIFIs) must meet Flac requirements starting in 2025, with full compliance required by 2030. Non-compliance can lead to regulatory actions.
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Tax in brief | issue 118
02 Apr 2024
Issue 118 of ENS' tax in brief, a snapshot of the latest tax developments in South Africa.
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Africa Business In Brief
issue 539 | 31 Mar 2024
issue 539
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ENS brings home top results from The Legal 500 rankings 2024
28 Mar 2024
Our commitment to legal innovation, excellence and client-centric approach has earned us more accolades. We have achieved top results in The Legal 500 2024 rankings.
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ENS Mauritius maintains excellence in 2024 Legal 500 rankings
28 Mar 2024
Our Mauritius office has once again been recognised for providing cutting-edge and insightful legal advice to clients by The Legal 500 2024 rankings.
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ENS Kenya ranked for outstanding client service in the 2024 Legal 500 rankings
28 Mar 2024
Our Kenya office has been ranked in the 2024 Legal 500 rankings.
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ENS Uganda gets top tier in 2024 Legal 500 rankings
28 Mar 2024
Our Uganda office has received Tier 1 results in the 2024 Legal 500 rankings.
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ENS Ghana earns recognition in 2024 Legal 500 rankings
28 Mar 2024
Our Ghana practice maintains its track record as a leading practice in Ghana in the 2024 Legal 500 rankings.
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A rare victory for taxpayers: The High Court – a proper referee for certain tax disputes – blows the final whistle on the interpretation of section 4(2) of the Mineral Royalty Act
27 Mar 2024
BY Andries Myburgh , Ntebaleng Sekabate AND Emile Cronje
The High Court's ruling in Richards Bay Mining (Pty) Ltd v C:SARS is a notable win for the taxpayer, providing clarity on calculating mineral royalties and potentially easing financial burdens for companies extracting multiple mineral resources.
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ExxonMobil's legal battle with shareholder activists, Arjuna Capital and Follow This: A watershed moment in ESG shareholder activism?
26 Mar 2024
BY Gabi Mailula , Asanda Lembede AND Nina Gamsu
In an unprecedented legal move, ExxonMobil has instituted a lawsuit against two shareholder activists, alleging that their proposed resolution seeks to unduly interfere with the company's day-to-day operations.
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VAT treatment of electronic services: South Africa has received the message (probably)
26 Mar 2024
BY Jo-Paula Roman AND Charles de Wet
South Africa initially implemented VAT on certain electronic services in 2014, primarily focusing on B2C transactions. The 2019 Regulations have significantly expanded the scope of electronic services subject to VAT, moving beyond the original focus.
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Unilateral mistakes in signing agreements when using unconventional methods - Enter at your own risk
25 Mar 2024
BY Doron Joffe AND Asanda Lembede
In cross-border transactions, electronic contracts, smart contracts, and escrow are vital for efficient contract execution. A recent legal case emphasises the need for agreements to match negotiated terms precisely.
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Revised Public Interest Guidelines relating to Merger Control now in effect
25 Mar 2024
BY Aidan Scallan AND Macalen Chetty
The Competition Commission of South Africa has issued its Revised Public Interest Guidelines on Merger Control, emphasising the promotion of ownership among workers and Historically Disadvantaged Persons (HDPs)
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