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Africa Business In Brief

issue 357 | 21 Jun 2020

issue 357
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South Africa: Coronavirus (COVID-19) | financial services during level 3

19 Jun 2020
BY Roger Rudolph , Angela Itzikowitz , Aslam Moosajee , Jessica Blumenthal , Johan Loubser AND Metumo Shilongo

This article focuses specifically on the financial services industry under level 3 with reference to the regulations made under the Disaster Management Act, 2002 on 29 April 2020.
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Constitutional Court: Fairness, reasonableness and proportionality are not free-standing principles to invalidate a contract or prevent the enforcement of its terms

18 Jun 2020
BY Aslam Moosajee AND Joshua Davis

On 17 June 2020, the Constitutional Court handed down an important judgment providing clarity on the contested question of the correct approach to fairness in South African contract law.
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South Africa: litigating during alert level 3 and contact details for the Johannesburg High Court

17 Jun 2020
BY Aslam Moosajee AND Vishana Makan

On 1 June 2020, the Minister of Justice and Correctional Services issued directions to address, prevent and combat the spread of the Coronavirus (COVID-19) in all courts, court precincts and justice service points in South Africa during alert level 3
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Taxpayer’s right to privacy trumps Public Protector’s powers

17 Jun 2020
BY Arnaaz Camay

In a High Court of South Africa judgment, delivered on 23 March 2020 by Judge J. Mabusa, in the case of CSARS v Public Protector and Others, it was ordered that SARS was permitted to withhold taxpayer information from the Public Protector.
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Africa tax in brief

17 Jun 2020
BY Celia Becker

The latest tax developments across Africa
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Exchange gains and apportionment of expenditure | Supreme Court of Appeal deals a blow to Telkom in its dispute against SARS

17 Jun 2020
BY Simon Weber

In Telkom SOC Limited v C:SARS, did Telkom realise a deductible foreign exchange loss upon the disposal of USD-denominated loans in terms the ITA?
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General rules regarding interest deductibility

17 Jun 2020
BY Peter Dachs

In the current environment where there is a huge amount of debt being incurred by taxpayers it is useful to remind ourselves in what general circumstances interest is deductible for income tax purposes by taxpayers.
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South Africa: government opposes the DA’s application to declare section 27 of the Disaster Management Act unconstitutional and invalid

17 Jun 2020
BY Aslam Moosajee AND Shenaaz Munga

The DA requests the Constitutional Court to pronounce that any declaration of a national state of disaster and any regulation or direction made or issued under section 27(2) should be laid before parliament by the COGTA Minister.
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POPIA “must haves”

17 Jun 2020
BY Era Gunning

While the Coronavirus (COVID-19) continues to affect every aspect of our lives, we cannot overlook the importance of privacy and data protection.
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Improved terms and conditions and the transfer of a business: what does South Africa law say?

17 Jun 2020
BY Brian Patterson AND Dalene Moodley

The EAT in England recently handed down judgment dealing with the opportunistic improvement of employees’ terms and conditions of employment shortly before a transfer of business.
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ENSafrica: Coronavirus (COVID-19) legal update

Coronavirus (COVID-19) issue 9 | 17 Jun 2020

issue 9
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CEPPAWU under court ordered administration

15 Jun 2020
BY Irvin Lawrence

It has become apparent that the Registrar of Labour Relations is intent on ensuring that unions comply with their audit and reporting responsibilities in terms of the LRA.
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Constitutional Court: The OUTA principle applies to the Public Protector, and two further legal developments

15 Jun 2020
BY Aslam Moosajee AND Joshua Davis

The court has accepted that a litigant can approach a court to obtain a “suspension order”, without satisfying the ordinary requirements for an interdict, provided that the considerations of justice and equity permit such an order.
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Does a bank have the power to place a customer’s account on hold?

15 Jun 2020
BY Aslam Moosajee AND Shenaaz Munga

The relationship between a bank and its client is regulated by contract. If the contract provides for the account to be placed on hold under specific circumstances, the bank is within its rights to do so.
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