On 10 July 2013, the Constitutional Court ruled in Head of the Free State Education Department v Welkom High School, Harmony High School and Others. This case has a significant bearing on how policies of school governing bodies are developed and implemented. With government, civil society and school associations welcoming the Court’s decision for different […]
Why should you and your business care about the carbon tax? There is no doubt that South Africa, along with the rest of the world, is at the start of a long and inevitable economic transformation where business must take place within the context of constrained resources. Similarly, the legal and governance environment within which
Carbon Tax in South Africa: Call for Participation Read More »
In the commercial world, the terms ‘company’ and ‘business’ are often used interchangeably. Statements such as “my business employs 20 people” or “my company manufactures handbags” are commonplace, but what exactly do they mean? In law, a company and a business are distinct concepts, and the purchase of a company has different legal consequences to
Buying a Business vs Buying Shares: a Comparison Read More »
New Memorandum of incorporation in place of Articles of Association The new Companies Act, No. 71 of 2008 (‘Companies Act’), which came into effect on 1 April 2011, has fundamentally changed the form and content of the constitutional documents of a South African company. The constitutional documents of a company under the previous Companies Act
New Companies Act MOI Deadline: What’s the Fuss? Read More »
The pros and cons of hydraulic fracturing, the process of injecting a mixture of water, chemicals and sand under high pressure into the geological formations to so as to extract gas, commonly referred to as “fracking”, have been hotly debated by the oil and gas industry, regulators, legislatures, academics and a plethora of environmental organisations
Fracking: The Challenge facing our Lawmakers Read More »
The concept of ‘plain language’ has come to prominence with the arrival of the National Credit Act, the Consumer Protection Act and the new Companies Act. These Acts require that written communications be in plain language so that creditors, investors, employees and consumers are able to easily understand what is put in front of them,
Plain Language: The Need for ‘Tight’ Writing Read More »
From 1 April 2012, Secondary Tax on Companies (“STC”) will be replaced by Dividends Tax, and regulated by sections 64D to 64N of the Income Tax Act 1962 (“the Act”). The South African Revenue Service has stated the reason for the change from STC to Dividends Tax as follows: “The name Secondary Tax on Companies
Dividends Tax: An Overview Read More »
Despite the Consumer Protection Act (‘CPA’) having been in force for almost a year, many small and medium sized businesses remain unclear about the obligations imposed and rights conferred by it. This discussion attempts to highlight some of the issues most pertinent to these businesses in their roles as both suppliers and consumers. When will
Consumer Protection Act: Small Business Guide Read More »
Effective and fair disciplinary enquiries have many significant and positive effects in the workplace. In addition to avoiding the obvious consequences of an unfair dismissal referral, and all the cost and time involved in the litigation of such a dispute, effective and fair disciplinary enquiries assist with the establishment of trust in management. Employees feel
Effective and Fair Disciplinary Enquiries: Practical Guidelines Read More »
PROMOTION OF ACCESS TO INFORMATION ACT, 2 OF 2000 Does the Promotion of Access to Information Act (“the Act”) affect our business? Yes, the Act applies to all private bodies including sole proprietors, close corporations and companies. What is the purpose of this Act? The Act was drafted to give effect to the constitutional right
Promotion of Access to Information Act Read More »
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Ask our AI a question about this topic, and one of our specialist lawyers will review the response and email you within 24 hours, free of charge.
KAI is free for Caveat friends and clients. To use KAI, complete the form below and look out for the AI’s answer, reviewed by a specialist lawyer, in your inbox. For the most accurate and helpful response, be as specific and detailed as possible. Provide all relevant facts and clearly state what you’d like answered.
Disclaimer: Kai is provided by Caveat in a bona fide attempt to make legal services more accessible to you. Caveat will not be liable for any damage, loss or expense arising from the use of this offering.
Feedback Welcome: Your experience matters to us. Please share feedback on this offering at info@caveatlegal.com to help us improve its efficacy.
