October 2010


From My Window - October 2010 From My Window October 2010

The first draft of the Tax Administration Bill (the TAB), together with an explanatory memorandum, was released for public comment in October last year,. One of the stated objectives of the TAB is to integrate all the administrative provisions, which are currently contained in a number of tax Acts, into a single piece of legislation. It is also seen as being an initial step to the eventual redraft of the Income Tax Act.

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Bribery and corruption – what South African business executives need to know Corruption Law October 2010

The accomplice to the crime of corruption is frequently our own indifference" – Bess Myerson

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Deregistration nation – or can two wrongs make a right? Company Law October 2010

July 16 2010 slipped by almost unnoticed in the aftermath of the World Cup. However it was, in fact, one of the most important dates in the history of corporate South Africa.

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Extra muscle for boards Company Law October 2010

Under the 2008 Companies Act a company's board has considerable authority which was conventionally assumed by the shareholders. A significant change introduced in the new Act is that the power to issue shares, including the power to increase the authorised share capital, will be exercisable by the board instead of the shareholders in general meetings, provided the memorandum of incorporation (MOI) authorises this.

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No refuge in s252 Company Law October 2010

Section 252 of the Companies Act provides shareholders, who have been the victims of "oppressive or unfairly prejudicial conduct" with a judicial remedy to apply for such relief as a court might consider just and equitable.

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Majority rule and minority protections Company Law October 2010

Majority rule' is one of the founding principles of South African company law. It means that the majority of the votes decides the company's affairs and, therefore, obliges the minority to abide by their decisions. Consequently courts will refuse to interfere with the majority's decision as long as these decisions are within the ambit of the law.

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Decoration as a defence Intellectual Property October 2010

The Supreme Court of Appeal held in the Verimark case that use of a mark, other than as a trade mark, does not amount to trade mark infringement . A question that arises is whether or not the decorative use of a mark amounts to trade mark use and what factors should be taken into account in making the determination?

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The million dollar script Intellectual Property October 2010

Everyone has ideas that they believe will form the subject matter of the next great movie. Only a few of us, however, have the energy and determination to set those ideas down in writing actually to create a script or novel. Once the novel is created, the author of the novel wishes to appoint someone to turn the novel into a movie and to ensure that he/she receives reasonable remuneration for his/her creative effort. Most authors believe that they are going to make millions from the release of the movie.

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Losing their virginity Intellectual Property October 2010

Sir Richard Branson probably never thought that his autobiography's title, Losing my virginity, would come back to bite him. A small South African company, owned by entrepreneur Dimitri Philippou, in a manner of speaking took away his virginity.

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The greatest guitarist strikes a last (judicial) chord Intellectual Property October 2010

Experience Hendrix LLC; Last Experience Inc and Times Newspapers Ltd This recent UK case, which was concerned with an enquiry as to damages for copyright infringement of performance rights and sound recordings, had an interesting set of facts including:

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Deciding who owns which piece of turf Intellectual Property October 2010

When a party, aggrieved by the use of its trade mark considers its options for obtaining relief, it has the prerogative as to whether to approach, among others, the high court, or to lodge a complaint with the Advertising Standards Authority (ASA), a body created by contract. Could the Registrar of Trade Marks feature?

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Balancing rights to a fair trial while preserving the integrity of the investigative process Competition Law October 2010

In specific circumstances the Competition Commission restricts access to its full record by claiming litigation privilege over certain documents. Without access to the complete Commission investigation record, would respondents' fair hearing rights be compromised, and if so, would this constitute undue encroachment on the respondents' ability to meet a case made against them. In contrast, would unrestricted access to the Commission's investigation notes have a chilling effect on the investigative process?

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Windfall tax Not The Law Reports October 2010

Foss-Harbottle J: Not since Joseph Pujol, Le Petomane, a professional fartiste, became the most highly paid entertainer in France in the early 20th Century has wind been such a valuable commodity.

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SARS turns water into wine Platteland Perspective October 2010

When you live in the platteland you can't stay quite as up-to-date with big news as you would in the city. Even so, I thought I would have heard sooner of the South African taxman's miraculous powers: that SARS can turn water into wine – or at least into a fermented beverage

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Which tax is best? Tax October 2010

Capital Gains Tax on individuals v Estate Duty (including Donations Tax)

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