Should South African businesses comply with the General Data Protection Regulations?

The General Data Protection Regulation (“GDPR”) is created by the European Parliament, the Council of the European Union and the European Commission, to consolidate and unite data protection for EU citizens. The GDPR governs any [...]

Pacta servanda sunt v Ubuntu

Section 39(2) of the Constitution requires that the spirit, purport and objects of the Bill of Rights must be promoted when interpreting legislation, and when developing the common law or customary law. In the matter [...]

A Brief Introduction to BEE Compliance

The government of South Africa embarked on a comprehensive programme to provide a legislative framework for the transformation of South Africa’s economy. The Broad-Based Black Economic Empowerment (“B-BBEE”) Act provides a legislative framework for the [...]

How does taxation affect cryptocurrencies in South Africa?

Cryptocurrencies are increasing in popularity in South Africa. One of the key issues is how do taxation laws affect cryptocurrency in South Africa. Is the use of cryptocurrency legal in South Africa? Simple answer, yes, [...]

Tag and Drag

The importance of a water-tight shareholders’ agreement that is in line with the company’s memorandum of incorporation and the provisions of the Companies Act, No. 71 of 2008 (“Companies Act”) cannot be emphasized enough. A [...]

SARS is allowed to dig into your bank account

Be aware when you have outstanding tax debt as the Tax Administration Act 2011, as amended (TAA), empowers the Commissioner of the South African Revenue Service (SARS) to appoint a third party to withhold and [...]

Thin Capitalisation

Companies are funded (“capitalised”) in two ways, namely through a mixture of debt and equity. In certain instances, interest payments incurred in the production of income are deductible for tax purposes, while distributions in the [...]

A new court ruling says you may not need to provide payslips or bank statements anymore

In November 2016, a number of retailers were taking the National Credit Regulator (NCR) and the Minister of Trade and Industry (DTI) to court with the aim of having parts of the affordability assessment criteria [...]

South Africa’s new VAT rate…v(wh)at you need to know regarding the sale of immovable property

During the budget speech of 2018, South Africa’s then Minister of Finance, Malusi Gigaba, made a nationwide announcement of the national increase on value added tax (“VAT”) rate from 14% to 15%. This is the [...]

Asset Purchase or Share Purchase – that is the question.

When a buyer is considering purchasing a business (“Target”), invariably prior to an extensive due diligence, the buyer often reaches the following crossroads: do they purchase the business in its entirety (“Share Purchase”), do they [...]