Tax in Brief
03 Jun 2025
Issue 146 of ENS' Tax in brief, a snapshot of the latest tax developments in South Africa.
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South Africa: Compensation for Occupational Injuries and Diseases Act, 1993 ("COIDA") – Notice on Further Extensions of Letters of Good Standing Validity for the 2024 Return of Earnings Season
03 Jun 2025
BY Tyla Foster AND Brian Mashimbyi
The Compensation Fund has extended the 2023 Letters of Good Standing expiry to 30 June 2025 due to ROE system delays, following Notices 3200 and 3227.
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South Africa: Mine Health and Safety Act, 1996 ("MHSA") – Guideline published for a Mandatory Code of Practice for Road and Rail Safety Management in the South African Mining Industry
03 Jun 2025
BY Willem le Roux , Tyla Foster AND Brian Mashimbyi
A new Guideline on road and rail safety in mining was issued, requiring employers to implement a Code of Practice by 1 October 2025.
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South Africa: Mine Health and Safety Act, 29 of 1996 ("MHSA") – Amendments to the Regulations relating to Machinery and Equipment
03 Jun 2025
BY Willem le Roux , Tyla Foster AND Brian Mashimbyi
New regulations on shafts and winding operations under Chapter 8 of the MHSA have been published, replacing Chapter 16 of the Minerals Act Regulations.
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Long wait ahead - Lead times for dates of hearing from the Johannesburg High Court as at 30 May 2025
03 Jun 2025
BY Aslam Moosajee AND Shenaaz Munga
The Deputy Judge President of the Johannesburg High Court published a further bulletin of lead times for the set down of matters for hearing by the Johannesburg High Court as at 30 May 2025.
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Mauritius party to Harare Protocol
03 Jun 2025
BY Pravin Barthia AND Rowan Forster
Mauritius’ accession to the Harare Protocol, which will take effect from 27 August 2025, represents a considerable development in intellectual property protection in Africa.
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Don’t just cry over spilled contracts: Mitigate your losses!
02 Jun 2025
BY Phillip Karugaba AND Phillip Muhumuza
Contracting parties should remember that the duty to mitigate is widely accepted as essential to commercial fairness, and failing to address it can lead to higher damages than necessary.
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European Union: A Calvin Klein trade mark opposition
02 Jun 2025
BY Rowan Forster
This article takes a look at a recent EU trade mark opposition featuring well-known fashion brand, Calvin Klein.
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Application for leave to appeal landmark crypto judgment
02 Jun 2025
BY Angela Itzikowitz , Megan Stuart-Steer , Arnaaz Camay AND Amelia Warren
The recently delivered judgment in Standard Bank v South African Reserve Bank, which concluded that cryptocurrencies do not constitute “capital” for purposes of Regulation 10(1)(c) of the Exchange Control Regulations, has entered a new phase.
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Made in Japan: Two tasty trade mark disputes
02 Jun 2025
BY Ilse du Plessis
We like to report on issues of confusing similarity between trade marks, and we also like to discuss foreign IP cases. In this article, we manage to tick both boxes by discussing two recent trade mark oppositions in Japan.
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Trade mark dispute: URIZONE vs FURIZOME
02 Jun 2025
BY Craig Shapiro
This case underscores the importance of ensuring that new trade marks are sufficiently distinct from existing ones to avoid confusion and potential legal disputes. This is particularly true if the products/services are the same/similar.
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Context and the ConCourt
02 Jun 2025
BY Craig Shapiro
When the Constitutional Court rules on the interpretation of contracts, it’s best to take note.
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The importance of correctly following customary law procedures
02 Jun 2025
BY Aslam Moosajee AND Olonathando Nxumalo
This article speaks to a judgment highlighting a significant issue within many African communities, namely the appointment and recognition of guardianship over children, and failure to comply with requisite procedures.
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Colour trade marks in the EU - The Biscoffi case
02 Jun 2025
BY Jade Courtney
In this article, we discuss colour trade marks and we take a look at the Biscoffi case, a recent EUIPO decision.
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ENS IP team's latest rankings: Managing IP and IAM Patent 2025
02 Jun 2025
ENS' IP practice has once again demonstrated its leadership in the field, retaining Tier 1 ranking for trade marks and retaining Gold for patents.
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