Without Prejudice - Volume 14, Issue 9, 2014
Volume 14, Issue 9, 2014
Source: Without Prejudice 14 (2014)More Less
In discussions with lawyers in various fields, candidate attorneys and from comments received from graduates who have appeared in our Top Student feature over the past few years, a missing link has increasingly been brought to the fore: a need for law students to recognise how early they must apply for vacation programmes and articles if they are to have a snowball's hope in hell of getting articles.
Author Sonal SejpalSource: Without Prejudice 14, pp 6 –7 (2014)More Less
Lawyers in Kenya (as will be the case in many other countries) are frequently asked whether their clients should accept covenants, representations and warranties relating to anti-bribery and corruption laws of other countries. Explaining their relevance to clients who question why on earth they should have to comply with the laws of a country that has no direct relevance to the transaction can sometimes be a tricky matter.
Author Anthony MarkhamSource: Without Prejudice 14, pp 8 –10 (2014)More Less
FATCA has been the catalyst for a dramatic change in global tax transparency between taxpayers and their home jurisdictions. It started as a US effort to compel international financial institutions to report on the international accounts of US taxpayers, using its global dominance of the world's financial system to get the show on the road. But as the bandwagon started to roll, so other countries joined the effort.
Source: Without Prejudice 14, pp 12 –13 (2014)More Less
Recent international developments have made it increasingly difficult for taxpayers to hide their assets or to avoid tax. South Africa has joined the list of countries that fully comply with international standards on the transparency and exchange of taxpayers' information.
Author Jonathan ColcloughSource: Without Prejudice 14 (2014)More Less
Does it matter?
Whether you are resident in the UK is important in determining the extent to which you are liable to pay UK tax. Broadly, a non-UK resident individual is only subject to tax on his UK source income and has no liability, at present, to UK Capital Gains Tax (although this is changing for residential property in the UK). In contrast, a UK resident is potentially liable to UK tax on his worldwide income and capital gains.
Author Karin MackenzieSource: Without Prejudice 14, pp 16 –17 (2014)More Less
South Africa has a tightly regulated labour framework and that, together with the demands of organised labour, is placing greater pressure on employers to offer comprehensive pension benefits to remain competitive. Occupational pension benefits are likely to be compulsory in the near future, so we are seeing increasingly complex interaction between labour law and pension law.
Author Mulisa ThovhakaleSource: Without Prejudice 14, pp 18 –19 (2014)More Less
In the recent case of Elliott International (Pty) Ltd v Veloo and Another, the Labour Appeal Court considered whether employees' receipt of and failure to offer to repay a severance package, calculated in terms of a voluntary retrenchment agreement which had been offered to the employees, amounted to an acceptance of the voluntary retrenchment agreement.
Source: Without Prejudice 14 (2014)More Less
Whether a party to an agreement has abandoned an accrued right is a question of fact. A debtor wishing to succeed in a defence that its creditor has abandoned the right to claim payment must be able to show that the creditor intentionally abandoned its right to claim such monies.
Author Jason DorningSource: Without Prejudice 14, pp 21 –22 (2014)More Less
In practice, dealing with the situation where shareholders of a private company, who are also its directors, have had a dispute and can no longer work together, is a frequent occurrence. In this situation, one of the shareholders may look to having the other shareholder removed from his capacity as a director and may take control over the business and affairs of the company to the exclusion of the other shareholder.
Author Keith BraatvedtSource: Without Prejudice 14, pp 23 –24 (2014)More Less
Business rescue practitioners often experience difficulties in deciding what costs can be paid by the company in business rescue and in respect of what services. In many cases the practitioner inherits a financial disaster, where proper records have not been kept. Pre-existing management has often resigned or is not co-operative or is unavailable. In short, practitioners are, commonly faced with a company with either no or dysfunctional management and unreliable or incomplete information.
Author Hugh LaneSource: Without Prejudice 14, pp 26 –27 (2014)More Less
The recent decision of the Supreme Court of Appeal in Roshcon v Anchor Auto Body Builders 2014 (4) SA 319 (SCA) will be best remembered for setting precedent regarding simulated agreements. Its decision regarding the issue of estoppel as a restriction upon the vindication of property appears less prominent. It is not even mentioned in the headnote.
Author Aidan KennySource: Without Prejudice 14, pp 27 –28 (2014)More Less
Immovable properties are normally sold by virtue of a deed of sale in terms of which the full purchase price is paid on the date of registration of transfer of the property in the name of the purchaser, with no funds being received by the seller prior to date of registration of transfer. The Alienation of Land Act (68 of 1981) deviates from this principle by providing for instalment sale transactions with regard to immovable property.
Author Simone MontySource: Without Prejudice 14, pp 29 –30 (2014)More Less
On August 1, the Department of Trade and Industry (DTI) published draft regulations to the National Credit Act (NCA) for public comment. These Draft Regulations include provision for a standardised approach to credit affordability tests that may introduce a new business process in the hands of credit providers.
Source: Without Prejudice 14, pp 30 –32 (2014)More Less
The recent scandal involving the online distribution of explicit private images obtained from the iCloud accounts of several celebrities has placed the issue of data security firmly back on the public agenda. The incident apparently resulted from hackers obtaining access to the digital storage facility that Apple makes available to users of Apple devices. Most users of iPhones and iPads set up their iCloud accounts to result in automatic backups of all their photos, music and other content, resulting in highly sensitive or private information being copied to the cloud storage facility automatically. Following the incident, Apple has denied that its security systems were inadequate to begin with, but has nevertheless announced its intention to introduce new measures to tighten access to iCloud accounts.
Source: Without Prejudice 14, pp 35 –36 (2014)More Less
The case of Dean Gillian Rees v Investec Bank Limited (330/13)  ZASCA 38 (March 28 2012) concerns an interpretation of Rule 32(2) of the Uniform Rules of Court where summary judgement was granted against Dean Gillian Rees and Edward Christopher Jowitt (appellants) by the South Gauteng High Court as the court a quo, with Hutton AJ presiding.
Source: Without Prejudice 14, pp 38 –39 (2014)More Less
We live in a world where most information is exchanged digitally. Today business thrives by being connected and having a digital presence across various platforms and media. As a result, the amount of information being generated by organisations on a daily basis is increasing. In fact, in many cases, organisations face an explosion of information resulting in a total overload.
Source: Without Prejudice 14, pp 40 –64 (2014)More Less
The Wits School of Law and the debate on the LLB
Four myths about legal education and the practise of law
So you think you want to be a lawyer...
A career in law - one step at a time
So you plan to be a lawyer?
Loopbaan, nie 'n renbaan...
Winning at law; winning at life
Suits : The half-truth and nothing but!
The face of future law : what every law student needs to know
Intersection of passions and strengths
Where intellect meets property
Life after law school - the first step on the yellow brick road
No true comfort in the comfort zone
The benefit of serving articles at corporate commercial law firms with a pro bono culture
A good day's work
Standing out from the crowd
Our legacies define us, not our careers