Without Prejudice - Volume 11, Issue 8, 2011
Volume 11, Issue 8, 2011
Author Myrle VanderstraetenSource: Without Prejudice 11 (2011)More Less
2011 has been savage. The world has reeled from the impact of both natural and manmade disasters; from earthquakes and tsunamis to uprisings, civil war and famine to collapsing economies. The 'gloom and doom' forecasters have had a field day and there have only been royal weddings and sporting achievements to lighten the load.
Source: Without Prejudice 11, pp 8 –9 (2011)More Less
The North Gauteng High Court recently handed down judgement on the application by Agri Wire (Pty) Ltd and Agri Wire Upington (Pty) Ltd, which challenged the lawfulness of the Competition Commission's Corporate Leniency Policy (CLP). The decision confirms the legal basis of the CLP, and provides some useful guidance to competition law practitioners on the basis for and scope of 'immunity' granted by the Commission under the CLP.
Source: Without Prejudice 11, pp 12 –15 (2011)More Less
Source: Without Prejudice 11, pp 18 –20 (2011)More Less
The duties of directors are primarily determined by common law, the new Companies Act (71 of 2008, the shareholders agreement and the memorandum of incorporation of the company, service agreements (specifically concluded between the director and the company) and resolutions passed at members' or directors' meetings.
Author Eric LevensteinSource: Without Prejudice 11, pp 20 –21 (2011)More Less
Source: Without Prejudice 11, pp 23 –24 (2011)More Less
On June 2 this year, National Treasury and SARS released a drastic proposal in the form of the Draft Taxation Laws Amendment Bills, 2011 (the Draft Bills), wholly suspending the intra-group relief afforded in terms of s45 of the Income Tax Act (58 of 1962) with immediate effect. In the tumultuous months since, the Treasury and SARS have had the opportunity to consult with many affected parties resulting in a revised short-term approach proposed in the Draft Guide on the Disclosure of Reorganisation Transactions (the Draft Guide) and a Background Note, released on August 12 and August 3 respectively.
Source: Without Prejudice 11, pp 26 –27 (2011)More Less
On June 13 2011, the Western Cape High Court handed down judgement on a case in which the court was approached by the trustees of a trust established in Mauritius for a declaratory order that:
- the Trust is neither a resident nor does it have a permanent establishment in South Africa and is, therefore, not liable or chargeable for tax in South Africa; and
- South African Revenue Service is liable to repay an amount of R20 million unilaterally removed from the Trust's South African bank account. This was done based on a purported tax assessment and after appointing the bank as agent of the Trust in terms of s99 of the Income Tax Act (58 of 1962 (the Act)). The R20 million was removed from the Trust's bank account before the "due date" indicated on the "assessment letter".
Author Justine SweetSource: Without Prejudice 11, pp 28 –29 (2011)More Less
Many would argue that the National Environmental Management: Waste Act (59 of 2008 (NEMWA)) is more trouble than it's worth and isn't fulfilling its purpose. Some go so far as to say it as an impediment to implementing the waste hierarchy effectively. To some extent, sustainable re-use and recycling is actually hampered by the red tape created by this Act.
Source: Without Prejudice 11, pp 29 –30 (2011)More Less
Certain vehicle designs will forever stand out in the collective memory of car enthusiasts. The Jaguar E-type, the Mercedes-Benz Gullwing, and the Alfa-Romeo "The Graduate" Spider serve as examples. Is the current state of design in the vehicle market on the same level? Who will be the judge?
Author Danie PienaarSource: Without Prejudice 11, pp 30 –31 (2011)More Less
The SA Patents Act does not specifically exclude from patentability inventions relating to nuclear energy. However, the SA Nuclear Energy Act (NEA) sets out a number of procedural steps in s41 that must be complied with when applying for a patent in South Africa relating to nuclear energy or related subject matter. A patent granted contrary to the provisions of this swill result in it having no legal effect.
Author Tanya MittonSource: Without Prejudice 11, pp 31 –32 (2011)More Less
This article is dedicated to the luscious life of language, linguistics and the array of possibilities it brings with it in the world of trade marks. A revived phenomenon appears to be the importance of trade mark translations; not only at the time of filing a new trade mark application, but also during trade mark enforcement.
Author Nishan SinghSource: Without Prejudice 11, pp 33 –34 (2011)More Less
Radio, television and the internet took 38, 13 and four years respectively to obtain 50-million users worldwide. The FACEBOOK social media network took just nine months to obtain 100-million users. Social media networks have afforded users the ability to communicate with an infinite number of people worldwide, instantly.
Author Theuns Van de MerweSource: Without Prejudice 11, pp 35 –36 (2011)More Less
In an article entitled "The liability of Internet marketplace owners" (Without Prejudice, April, 2011) p29), the writer reported on an opinion issued by the Advocate General of the Court of Justice of the European Union (CJEU) on issues referred to it from the English High Court1 in the case of L'Oréal v eBay  EWHC 1094 (Ch).
Author Paul GilbertSource: Without Prejudice 11, pp 36 –37 (2011)More Less
For a few nights in August some streets in London, Manchester and Birmingham were temporarily taken over by, predominantly, young people who systematically and violently smashed, grabbed, looted and burned their way through the night ... they acted, it seems, without fear, without a thought to the consequences of their behaviour and with reckless disregard for their safety and the safety of others.
Source: Without Prejudice 11, pp 40 –41 (2011)More Less
Lawyer paid for hit on ex-client
Female-owned law firm sparks billboard battle
Rocket Lawyer raises $18.5 million
BigLaw sued for using temporary lawyers
US seeks to deport wife and son of man it agreed to protect
Lawyer alleges 100-plus law schools discriminated against him for age
Law firms bid on reverse auctions
Cheerleader's suit tossed out and grammar criticised