Africa Business In Brief
issue 546 | 19 May 2024
issue 546
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4th Annual ESG CPD SERIES 2024
17 May 2024
Original thinking: Sustainable Solutions and Legal Challenges in Business and Society
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Revised OHADA Uniform Act on debt recovery and enforcement – “a major qualitative leap”
15 May 2024
BY Guillaume P. Blanc
The revisions made to the "Revised Uniform Act Organizing Simplified Recovery Procedures and Enforcement Measures" (Revised AUPRSVE) by OHADA is anticipated to improve the legal framework for debt recovery and enforcement in OHADA member states.
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Structuring of agricultural insurance products – the tax pitfalls of getting it wrong
14 May 2024
BY Simon Weber AND Jean du Toit
The recent case of Taxpayer Boerdery v CSARS highlighted the need to assess the substance over the form of arrangements. It involved the disallowing of insurance premium deductions under the Income Tax Act, with upheld penalties and interest.
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South African tax implications of distributions from foreign subsidiaries – some offshore “homework” required
14 May 2024
BY Nicolette Smit
Where a South African resident receives a distribution from a foreign subsidiary, the classification of such a distribution is crucial to determine the tax implications thereof in the hands of said resident
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Providing vested rights in respect of discretionary trusts
14 May 2024
BY Stephan Minne
The changing environment of an increasing fiscal clamp-down on trusts may well spur a new generation of vested rights in respect of trusts that could challenge the perceived axiomatic superiority of purely discretionary family trusts.
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Shareholder-nominated non-executive directors: navigating VAT, income tax, and PAYE challenges
14 May 2024
BY Annelie Giles AND Simon Weber
In this article, we take a closer look at the tax position of shareholder-nominated NEDs, particularly those instances where NED fees are recovered by the nominating- shareholder.
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NSFAS’ decision to ‘defund’ the postgraduate LLB programme was found to be reasonable
14 May 2024
BY Aslam Moosajee AND Olonathando Nxumalo
In NSFAS v Moloi, the SCA had to review whether the Pretoria High Court had erred in setting aside NSFAS and the Minister's decision to 'defund' LLB postgrad programme.
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When does the clock begin to run under section 7(1)(b) of PAJA?
14 May 2024
BY Wandile Ndabambi AND Matthew Pistorius
This case involves the Centre for Child Law challenging the South African Council for Educators' decision regarding disciplinary proceedings against two educators who assaulted Grade 2 children
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New B-BBEE Requirements for Real Estate Agents
14 May 2024
BY Sanjay Kassen AND Surina Moodley
Property practitioners must renew their Fidelity Fund Certificate every three years through the appropriate Regulatory Authority and are now required to have a valid Broad-Based Black Economic Empowerment certificate.
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Tax in Brief
14 May 2024
tax in brief | issue 121
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Polygraph examinations: Can an employer dismiss an employee for refusing to undergo a polygraph examination?
14 May 2024
BY Fritz Malan AND Nils Braatvedt
While a polygraph examination alone cannot conclusively determine employee misconduct, it can serve as corroborative evidence among other factors
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Practical challenges and legal complexities – Does SARS owe you a mineral royalty refund?
14 May 2024
BY Kristel van Rensburg AND Simon Weber
The South African Revenue Service (‘SARS’) is currently in the process of implementing a new system aimed at streamlining the mineral royalty process, this article discusses the proposed changes. .
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Recent tax changes and their impact on share lending arrangements and collateral arrangements
13 May 2024
BY Magda Snyckers
The article discusses how lending shares or using them as collateral can have tax consequences under South African law, especially regarding dividends on shares issued to raise funds
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Africa Business In Brief
issue 545 | 12 May 2024
issue 545
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