Latest Issue - March 2019


Editor's Note - March 2019 Editor's Note

Without prejudice is delighted to welcome to the Sponsorship Group, MacRobert. In 1989 two law practices –MacRobert, de Villiers and Hitge and Lunnon and Tindall – merged to form MacRobert de Villiers Lunnon and Tindall. The firms have a 123-year-old history, making it one of the oldest law practices in Gauteng. The rather long practice name was shortened to MacRobert Inc in 2000 but the history of the other founding partners' lives on in the consulting rooms named after them in which photographs, documents and other memorabilia can be found.

Read More

A fintech take on the conduct of the Financial Institutions Bill Financial Law

The financial services industry has become accustomed to receiving an annual year-end regulatory plot twist - and on 11 December 2018, it was the publication of the draft Conduct of Financial Institutions Bill (CoFI Bill) and a Media Statement issued by National Treasury: "Invitation for public comments on the draft Conduct of Financial Institutions Bill, 2018".

Read More

The 2019 budget and proposed tax changes Tax

In the 2019 Budget presented by Minister Mboweni before parliament on 20 February, there are a number of proposed changes which will ultimately affect business. While there are no increases in the corporate tax rate (28%), capital gains tax rates or value-added tax, it is likely that the introduction of the new tax measures will significantly affect business. It appears that there is a trend towards widening the scope of the various identified anti-avoidance provisions contained in the applicable tax legislation.

Read More

Minority shareholder protection Company Law

Aminority shareholder cried foul over a company's alleged prejudicial actions in the recent case of Geffen v Dominquez-Martin [2018] 1 All SA 21 (WCC). The trouble began when the company group experienced financial troubles, resulting in the minority shareholder suffering a substantial financial loss. Among other allegations, the minority shareholder claimed an absence of free-flowing financial and other information from management. The shareholder also claimed that he was treated as a mere "silent investor" rather than an active participant in company decisions. Looking to s163 of the Companies Act (71 of 2008) for relief, the shareholder claimed that the conduct was oppressive, prejudicial, and unfairly disregarded his interests.

Read More

Directors’ remuneration: to engage or not to engage? Company Law

"To be or not to be: that is the question" … is the opening line of Act III Scene One of Shakespeare's famous play, Hamlet. The Prince Hamlet is confused about death and suicide. He's kind of sure about the pain, sorrow and unfairness of life but thinks suicide is not the answer to end all the pains.

Read More

A rainbow dress bringing together art and justice at the Constitutional Court Constitutional Court Art Collection / Cover

The Constitutional Court Art Collection

The Constitutional Court Art Collection (CCAC) is more than an aesthetic addition to the Constitutional Court building. It provides a visual interface between art and justice for the public entering the highest court in South Africa.

Read More

Is it "curtains" for exclusive agreements? Competition Law

On 21 January, the Competition Tribunal found that Computicket contravened s8(d)(i) of the Competition Act (89 of 1998). The finding is the latest step in an 11-year investigation and litigation process. The Tribunal imposed an administrative penalty of R20 million on Computicket, which is set to appeal the finding. While we await further guidance from the Competition Appeal Court, parties entering into exclusive arrangements should consider the Tribunal's view on the legality thereof.

Read More

Do you need to be wary of those wearables? Employment Law

Companies are taking an increased interest in their employees' wellbeing. There is no doubt that employee wellness can lead to increased productivity and general employee satisfaction, decreasing employee stress and absenteeism.

Read More

Dead men tell no tales – but can they be reinstated? Employment Law

It is trite in employment law that reinstatement is the primary remedy for an unfair dismissal under the Labour Relations Act (66 of 1995) as amended (the LRA). Normally reinstatement must be ordered unless any one of the exceptions set out in s193(2) of the LRA applies. The Constitutional Court in Equity Aviation (Pty) Ltd v CCMA & Others (2008) 29 ILJ 2507 (CC) has defined reinstatement as the means to "place the employee in the position he or she would have been but for the unfair dismissal". This understanding has been restated in numerous cases in subsequent years.

Read More

The human rights that labour law protects Employment Law

The Bill of Rights, in chapter 2 of the Constitution, protects the basic rights of all South Africans. Some of these rights – such as to fair labour practice and equality – frequently form the basis of matters to pass through our labour law forums.

Read More

Dismissal due to mental illness is automatically unfair Employment Law

Depression is a growing problem in the workplace. Employees fear to seek assistance through wellness programmes as they believe their colleagues will judge and think less of them. The alternative is to keep quiet and allow the depression to kill them, silently affecting their performance at work.

Read More

National News - March 2019 National News

Fasken

Conor McFadden, a Partner with the firm, has been appointed a chairperson of the Tax Board in South Africa, Gauteng division. The Tax Board's role is to hear and decide on appeals involving decisions and assessments of the South African Revenue Service not exceeding R1 million. Promotion: Rosemary Hunter has been promoted to Partner.

Read More

Introduction - March 2019 M&A FEATURE

Risk and reward – how large an appetite does the M&A industry have in this time of political and legislative uncertainty?

Read More

DealMakers® - Top Legal DealMakers down the years M&A FEATURE

DealMakers®

Top Legal DealMakers down the years!

Read More

DealMakers’ 2018 RANKINGS OF LAW FIRMS M&A FEATURE

DealMakers' 2018 RANKINGS OF LAW FIRMS

Read More