This article is drafted in the form of a checklist, identifying tasks that are to be performed by the person responsible for debtors' control within the firm. Such a person could include the practitioner; another partner designated thereto, an accountant or a debtors' control clerk.
The Department of Home Affairs (DHA) continues to be dodged by uncertain policies and less than desirable administration. As appears from the developments reported below, these difficulties continue to confront asylum seekers and refugees in particular.
Assessed losses are incurred by a taxpayer when his tax deductions exceed the income that accrues or is received by him in a tax year. Section 20 of the Income Tax Act 58 of 1962 (the Act) allows taxpayers to carry forward the balance of assessed loss from a previous tax year and set it off against the taxpayer's income to determine his taxable income for the year.
Practitioners will be aware that, in COSAWU v Zikhethele Trade (Pry) Ltd and Another (2005) 26 ILJ 1056 (LC), the Labour Court held that the concept of 'second generation contracting-out' applies in our law. Second generation contracting-out can be explained as follows: Client A out sources a portion of its business to service provider X. When the contract between A and X terminates, and A awards the contract to service provider Z, the business originally outsourced to X returns to A and is re-allocated to Z.
Passing-off is the most prevalent form of unlawful competition. It is often also relied on in combination with the ground of trademark infringement. The most authoritative definition of passing-off was given in the case of Capital Estate and General Agencies (Pry )Ltd and Others v Holiday Inns Inc and Others 1977 (2) SA 916 (A) at 929 C: 'The wrong known as passing-off consists in a representation by one person that his business (or merchandise, as the case may be) is that of another, or that it is associated with that of another, and, in order to determine whether a representation amounts to a passing-off, one enquires whether there is a reasonable likelihood that members of the public may be confused into believing that the business of the one is, or is connected with, that of another.'