Searching Content indexed under Trials & Appeals & Compensation by ENSafrica ordered by Published Date Descending.
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Dividends Tax: Most-Favoured Nation Clause In Double Tax Agreement
On 12 June 2019, the Tax Court of South Africa delivered its judgment in ABC (Pty) Ltd v C:SARS (case no. 14287).
South Africa
5 Aug 2019
The Remedy Against Taking The Law Into Your Own Hands
The merits of the plaintiff's right to possession and the defendant's entitlement to reclaim possession are immaterial. Even a thief's possession will be protected if it was peaceful and undisturbed.
South Africa
25 Jul 2019
Mining And Local Communities: Free, Prior And Informed Consent In South Africa?
With South Africa's recent cabinet reshuffle, the Department of Water Affairs and Sanitation was amalgamated with the Department of Human Settlements.
South Africa
2 Jul 2019
Mauritius: Trade Marks Filed "In Defiance Of Commercial Morality"
A recent decision of the Mauritian Industrial Property Tribunal (the "Tribunal") will provide some comfort to international brand owners. The case involved an application
25 Jun 2019
Transfer Of Shares In A Private Company: Misstep From The Supreme Court
It is standard practice that for a share transfer in a private limited liability company to be effective.
South Africa
11 Jun 2019
Mauritius' Environment Land Use Appeal Tribunal Delivers Ground Breaking Fish Farming Project Judgment
The Association Des Hoteliers et Restaurateurs Ile Maurice ("AHRIM"), an association of hotels and restaurants in Mauritius, and the Sea Users Association, an association of civilians, recently won an important appeal
South Africa
5 Jun 2019
Tax Revenews - Issue 21
appeal against the decision of the tax court concerning SARS' entitlement to payment of understatement penalties in accordance with section 222(1) of the Tax Administration Act, 2011 (the "TAA").
South Africa
21 Mar 2019
Precautionary Suspension: Do Employees Have The Right To Make Representations?
If an employer suspects an employee of committing an act of misconduct, it is possible that the employer will want to place that employee on what is usually referred to as a "precautionary suspension"
South Africa
6 Mar 2019
The Doctrine Of Common Purpose In Strikes
An unfortunate by-product of strike action in South Africa is the common occurrence of unlawful and sometimes violent conduct on the part of certain members ...
South Africa
18 Feb 2019
Anton Piller: Not A Fishing Expedition
The Anton Piller order is an extraordinary thing. It's essentially an evidence-preserving legal mechanism.
South Africa
13 Feb 2019
Fight As A Soldier, Not A Guerrilla
What exactly is unlawful competition? Unlawful competition is often lumped together with IP, and indeed there are obvious links: the common law action of passing off
South Africa
12 Feb 2019
Notices To Attend A Disciplinary Enquiry - Stating The Facts Is Sufficient
The employee discipline process generally starts with an employee being given notice to attend a disciplinary enquiry.
South Africa
11 Feb 2019
Who's Interested In Primark?
Is it simply those South Africans who can afford to travel to the UK, only to find that, thanks to the weakness of the rand, the only shop they can afford is ... Primark?
South Africa
11 Oct 2018
Is The Singing Of Offensive Songs A Dismissible Offence?
The South African Constitutional Court recently handed down judgment in Duncanmec Proprietary Limited v Gaylard N.O & Others in which it considered whether the singing of struggle songs, containing words ...
South Africa
11 Oct 2018
Fair Inconsistency In Imposing Sanctions On Striking Employees
Striking is a fundamental right enshrined in South Africa's Constitution. However, section 36 of the Constitution accepts that a fundamental right can be limited.
South Africa
10 Oct 2018
Tax Avoidance – When Does It Apply?
Groups of companies often wish to restructure or rationalise their operations. This generally involves a transfer of companies and/or assets between various entities.
South Africa
8 Oct 2018
Runaway Mora Interest In Substituted Compensation Orders?
In Malatji v Minister of Home Affairs and Another, the South African Labour Appeal Court ("LAC") had to determine when mora interest ...
South Africa
19 Sep 2018
Well-Known Trade Marks In Kenya: The Bar Is High
The Assistant Registrar found against Sony Corporation on all eight classes and the company filed an appeal to the High Court.
South Africa
22 Aug 2018
The Peppadew Case: Similar Or Confusing?
The SCA came to a different conclusion.
South Africa
30 May 2018
Stifling Uganda's Secondary Bond Market: The Case Of David Chandi Jamwa
The recent decision of the Ugandan Court of Appeal to uphold a 12-year custodial sentence against a former managing director of the NSSF has sparked much debate among finance and legal professionals.
7 Mar 2018
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