Without Prejudice - Volume 11, Issue 1, 2011
Volume 11, Issue 1, 2011
Author David GleasonSource: Without Prejudice 11 (2011)More Less
Do I personally believe there is such a phenomenon as climate change? Absolutely. Do I ascribe climate change to human intervention? No, I do not. Efforts to label climate change as anthropogenic have been dealt knockout blows by the very academics seeking to advance this thesis.
Source: Without Prejudice 11 (2011)More Less
The ostensible purpose of the proposed amendment to the ICASA Act is, according to the Department of Communications (DOC), to address the operational and administrative inefficiencies at ICASA. It is debatable whether or not the ICASA Amendment Bill achieves this purpose but what is clear is that the Bill will deprive ICASA of its independence.
Author Heinrich LouwSource: Without Prejudice 11 (2011)More Less
Author Ronel WilliamsSource: Without Prejudice 11, pp 13 –14 (2011)More Less
Mr X decides to provide financial assistance to his 16 year old daughter, G, to enable her to enter into the housing construction business. He makes an interest-free loan of R2 million to her, repayable in 10 years' time. He then helps her to construct a flat in Soweto from which she earns R300 000 as rental income.
Author Ruaan Van EedenSource: Without Prejudice 11 (2011)More Less
Should expenditure incurred by a vendor be classified as 'entertainment' for purposes of The Value-Added Tax Act (VAT Act)? Where expenditure is classified as 'entertainment' input tax may not generally be claimed, unless it is an enterprise that operates within the entertainment industry in the normal course of business.
Author Tumelo TshayaSource: Without Prejudice 11 (2011)More Less
S11D of the Income Tax Act (58 of 1962, as amended) was introduced to encourage and incentivise private sector investment in the research and development of scientific or technological activities. This assists in ensuring that research and development activities are conducted within South Africa, and this will ultimately result in positive economic growth.
Author Nemo JudexSource: Without Prejudice 11 (2011)More Less
Stone v The Whine Bar
Foss-Harbottle J: The plaintiff, Mrs Stone, visited a licensed establishment appropriately known as The Whine Bar. Unadvertised, and unknown to Mrs Stone, karaoke commences at the Whine Bar an hour before closing time. Before Mrs Stone had time to react, the first patron stepped forward and seized the microphone to deliver her attempt at singing.
Author Neil MackenzieSource: Without Prejudice 11, pp 18 –19 (2011)More Less
Author Layne QuilliamSource: Without Prejudice 11, pp 20 –22 (2011)More Less
Criminal liability of directors for overseeing contraventions of competition law.
The Competition Amendment Act (1 of 2009) was signed into law in August 2009. It introduces criminal liability for directors and managers who cause a firm to engage in cartel conduct or who knowingly acquiesced in the firm engaging in cartel conduct.
Author Neil KirbySource: Without Prejudice 11, pp 23 –26 (2011)More Less
The debate about a national health insurance scheme continues, but does so in primarily economic terms. The concept has been explored in the media, but very little has been said about what a national health insurance scheme will look like once it has been established.
Author Natasha BouwmanSource: Without Prejudice 11, pp 27 –28 (2011)More Less
The governance framework of medical schemes consists of applicable legislation and regulations (in particular the Medical Schemes Act no 131 of 1998, as amended), the medical schemes' rules and internal charters and policies, as well as voluntary governance codes (such as King III ) and guidelines issued by the Council for Medical Schemes.
Source: Without Prejudice 11, pp 29 –32 (2011)More Less
Internationally there are many jurisdictions, such as Austria, Luxembourg, The Netherlands, Switzerland and Singapore which are popular for purposes of establishing holding and headquarter companies for multinational groups. Closer to home Mauritius has established itself as a favourable jurisdiction for these purposes, especially for investments into African countries. Up to now, the South African tax and exchange control system has prevented South Africa from being suitable for this purpose.
Author Sajidha GamieldienSource: Without Prejudice 11, pp 33 –34 (2011)More Less
In an opposition hearing before the Registrar of Trademarks, Clover SA (Pty) Limited (Clover) opposed the registration of a trade application for YOGI-YO in the name of Dairy World (Pty) Limited (Diary World). While the Registrar has not yet handed down a written decision with reasons for his finding, he dismissed Clover's opposition with costs at the end of the hearing.
Author Don MacRobertSource: Without Prejudice 11, pp 34 –35 (2011)More Less
A company's brand is not its name, logo or website but rather the perception clients, investors, employees and members of the general public have of the company. In other words, it is the reputation of the company which makes up the company's brand and which, therefore, denotes the value of their brand equity.
Author Wynand FourieSource: Without Prejudice 11 (2011)More Less
In terms of the Paris Convention, a patent application may claim priority from a prior filed application relating to the same subject matter in a convention country, provided that the prior filed application was lodged not earlier than one year before lodgement of the application claiming priority. In other words, there exists a 12-month period in which to claim priority.
Author Lerothodi MohaleSource: Without Prejudice 11, pp 39 –40 (2011)More Less
Children are often caught in the middle of a love triangle between the mother and two possible fathers. In what circumstances can the high court exercise its power to order DNA tests to determine who the father of the child is? This question was answered in YM v LB (465/09)  ZASCA 106 (September 17 2010).