THE PRESENT LAW The Labour Appeal Court (“LAC”) recently rendered a significant judgment on resignation by an employee as a method to avoid disciplinary measures (disciplinary hearing). The matter of The Standard Bank of South Africa Limited v Nombulelo Cynthia Chiloane (JA85/18) (“Chiloane”) is the case in reference, which was handed down on 10 December [...]
WHAT IS THE AFRICAN CONTINENTAL FREE TRADE AGREEMENT? The African Continental Free Trade Agreement (“the Agreement”) is one of the Flagship Projects of the African Union’s Agenda 2063 (“Agenda 2063”).[1] The Agreement responds to the aspirations of Agenda 2063, which is underpinned by the vision to build an integrated, prosperous, and peaceful African continent in [...]
INTRODUCTION Over the years many South Africans have been recruited to invest their hard-earned money, life savings, and even funds obtained on loan, into what they believe to be a legitimate business venture. Vulnerable people are lured in by companies that predominantly advertise on social media platforms. The aim of such advertising is to solicit [...]
In this article, we will be examining what the concepts of multi-level marketing (“MLM”), Ponzi- and Pyramid Schemes are, with the aim to equip readers with sufficient information to draw a distinction between them. WHAT IS A PYRAMID SCHEME? In South African law a pyramid scheme is defined in Section 43(4) of the Consumer Protection [...]
The comments in this article are based on SARS Binding Private Ruling: BPR50 WHAT IS THE STATUS OF A BINDING PRIVATE RULING (“BPR”) BY SARS? The Tax Administration Act 28 of 2011 provides for a process whereby a taxpayer can apply to SARS for an advance tax ruling on a transaction that is still to [...]
WHAT IS THE PROCEDURE FOR ASSETS REGISTERED IN THE NAME OF THE DECEASED? When a person passes away, his assets and liabilities form part of his deceased estate. In the administration of deceased estates, we have found that many clients who are the beneficiaries in an estate, believe that if the Will and Testament names [...]
THE RISK OF SECTION 3(3)(d) OF THE ESTATE DUTY ACT WHAT IS A TESTAMENTARY RESERVATION IN A TRUST DEED? A testamentary reservation is a stipulation which is often found in trust deeds for especially family trusts in terms of which the founder or one of trustees will have the power to prescribe the distribution of [...]
WHAT IS CAPITAL GAINS TAX? Capital Gains Tax (“CGT”) is the portion of normal income tax attributable to the inclusion in your taxable income of a taxable capital gain. Simply put, CGT is a tax levied on profit from the sale of property or another asset held as a capital asset or an investment. The [...]
HOW TO MINIMIZE CAPITAL GAINS TAX USING THE FLOW-THROUGH PRINCIPLE, AND DOES YOUR TRUST PROVIDE FOR IT? AN INTRODUCTION TO CAPITAL GAINS TAX IN TRUSTS Since a trust is not a natural person, 80% of any capital gain arising from a disposal of an asset by the trust must be included in the trust’s taxable [...]
It has been more than a year since the Constitutional Court decriminalised the use of cannabis by an adult person in his or her private dwelling. The effect of the Court’s ruling is twofold: It decriminalises the use or possession of cannabis by an adult in private, for that adult person’s personal consumption in private; [...]
