Without Prejudice - Volume 10, Issue 7, 2010
Volume 10, Issue 7, 2010
Author David GleasonSource: Without Prejudice 10 (2010)More Less
The tragedy that resulted in the destruction of BP's oil rig, the Deepwater Horizon, in the Gulf of Mexico and which took eleven lives in the process, has taken on the dimensions of an international disaster. It has also given Americans the opportunity to drum up a chorus of anti-British sentiment, not exactly what an ally would expect after standing virtually alone with America through both the Iraqi and Afghanistan wars. It certainly exposes as a fiction the spurious "special relationship" so many British politicians have clung to down the years.
Author Rex Van SchalkwykSource: Without Prejudice 10, pp 4 –5 (2010)More Less
The judgement of the Constitutional Court on prisoners' voting rights invites comparison with another judgement by the same court. That judgement dealt with the constitutionality of legislation promulgated shortly before the 1999 elections, and which restricted the right to vote to only those citizens in possession of the barcoded identity document.
Source: Without Prejudice 10, pp 6 –7 (2010)More Less
The Advocate General of the European Court of Justice (ECJ), in advising the Court on its approach in Akzo Nobel Chemicals Ltd v Commission of the European Communities, recently advanced the view that communications between parties and their in-house lawyers should not be afforded the protection of legal professional privilege from disclosure during competition investigations by the European Commission.
Author Tessa HendersonSource: Without Prejudice 10 (2010)More Less
The Competition Commission of South Africa has maintained concerns about four areas of legal practice:
- Professional fees: the setting of tariffs, guidelines and rules as to the fees charged by attorneys for certain services (in particular conveyancing);
- Reservation of work: the reservation of certain work for attorneys and in certain circumstances for specially qualified attorneys (again, in particular,conveyancing);
- Multidisciplinary practices: the prohibition on offering a number of disciplines within a firm of attorneys; and
- Advertising, marketing and touting: the limitations on the type, medium and standard of advertising and marketing within the profession.
Author Joanne Van HarmelenSource: Without Prejudice 10, pp 10 –11 (2010)More Less
A number of reports have been recently published which allege that food giant Nestlé may have committed biopiracy. This comes after Nestec S.A., a subsidiary of Nestlé responsible for research and technology, filed five patent applications relating to compositions containing either rooibos or honeybush extracts and their uses.
Author Charl MaraisSource: Without Prejudice 10 (2010)More Less
The renowned economist, Hernando de Soto, once said the function of formal property is to place capital in the hands of a nation. In a world where intellectual property rights play a crucial and ever increasing role in the economy of any nation, the question begs: what is South Africa doing to ensure that we as South Africans reap the economic benefits in an era where economies are driven by the trade of ideas?
Source: Without Prejudice 10, pp 14 –15 (2010)More Less
The South African Revenue Services (SARS) has been in a protracted court battle with electronics giant LG since 2007. LG has publically been accused of committing tax fraud yet the Supreme Court of Appeal (SCA) has found that LG's actions were legitimate and allowable under the Customs Act.
Author Shaheed PatelSource: Without Prejudice 10, pp 16 –17 (2010)More Less
The draft Taxation Laws Amendment Bill 2010 proposes certain amendments to tax legislation in order to level the playing field, from a tax perspective, between conventional and Islamic finance. Whether the stated objective is met is considered and discussed in this article.
Author Clayton BonnetteSource: Without Prejudice 10, pp 18 –19 (2010)More Less
In May this year the South African Revenue Services (SARS) published the Draft Taxation Laws Amendment Bill, 2010 for public comment. One of the proposed amendments to the Income Tax Act (58 of 1962) is the introduction, with effect from January 1 2011, of a regional investment fund regime. By doing so, SARS is hoping to raise South Africa's profile as a preferred jurisdiction for regional investment management. This is a welcomed and progressive development.
Author Ruaan Van EedenSource: Without Prejudice 10, pp 20 –22 (2010)More Less
The recent decision in Crabbe v United States (Case No. 08-1393) where a business owner, William Crabbe, was convicted of multiple counts of failure to pay over payroll taxes and filing false returns, highlights the need for employers to be on top of their game when it comes to Pay-As-You-Earn (PAYE) compliance. The Minister of Finance in his 2010 budget speech also made it abundantly clear that tough action will be taken on firms which are not PAYE compliant.
Author Francois TerblancheSource: Without Prejudice 10, pp 24 –25 (2010)More Less
England has recently re-written its company law legislation; its Companies Act of 1985 was replaced by the Companies Act of 2006 (the New English Act). South Africa is also currently overhauling its companies' legislation and the new Companies Act of 2008 (the New South African Act) has been promulgated.
Author Natasha BouwmanSource: Without Prejudice 10, pp 26 –27 (2010)More Less
Entities that adhere to good corporate governance will reap more benefits and have a competitive edge over entities that don't. These benefits include greater investor interest, greater stakeholder trust and the ability to obtain funding more easily (in particular in the case of smaller entities that require credit and non-profit entities that require donations).
Author Nemo JudexSource: Without Prejudice 10, pp 30 –31 (2010)More Less
Source: Without Prejudice 10 (2010)More Less
Author Toby OrfordSource: Without Prejudice 10, pp 32 –33 (2010)More Less
Art in the major markets is increasing in value and there is a relative shortage of high-quality works. Local tax and foreign exchange regulations favour investment in art by individuals and institutions. The local market is more sophisticated and more internationalised than ever before and, aided by shrewd marketing, is showing remarkable resilience in uncertain economic circumstances.
Author Siyabonga ShanduSource: Without Prejudice 10, pp 36 –37 (2010)More Less
Bredenkamp's legal journey from the South Gauteng High Court to the Supreme Court of Appeal (SCA) constitutes an epic trilogy which left two reported judgements and one reportable judgement in its wake. This legal journey may not necessarily epitomise the tango referred to - but it may serve as a stark reminder to legal practitioners that the jurisprudence of our courts pertaining to the interplay between the law of contract and the Constitution is a contested terrain where certainty is proving elusive.