CONTENT FROM MEMBERS

MEDIA AND ARTICLES

Please note the views expressed on this page are not those of the Chamber, but solely from the posting member.

A cautionary tale on data protection

A cautionary tale on data protection

A Cautionary Tale on Data Protection: a reminder on ensuring specific adherence to the lawful processing of personal information as an essential to compliance under POPIA On 1 September 2023, a major South African pharmaceutical company (“the Company”) was issued with...

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MOU signed between ABCSA & SACCI

Mr. Danny Vengedasamy of the South African Chamber of Commerce and Industry (SACCI) and Mr. Shaun Mills of the Australian Business Chamber of South Africa (ABCSA) signed a Memorandum Of Understanding aimed at fostering relationships between the two chambers where...

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Enforcement of an agreement not to sue

Enforcement of an agreement not to sue

A pactum de non petendo (“pactum”) is an agreement between parties whereby one party agrees not to institute legal proceedings against the other party, either temporarily or permanently. A pactum usually suspends the enforcement of a commercial contract for a specific...

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Fair Value Frenzy

Fair Value Frenzy

In the recently reported judgment of BNS Nominees (RF) Proprietary Limited and Another v Arrowhead Properties Limited and Others 2023 (1) SA 478 (GJ), the Johannesburg High Court provided clarity regarding certain provisions of section 164 of the Companies Act No. 71...

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Top 5 Reasons to Do Business in Africa

Top 5 Reasons to Do Business in Africa

As the second largest continent, Africa is home to 54 countries and over 1.4 billion people. The most central continent in the world, Africa is the perfect hub for reaching the corners of the world. Incidentally, it’s also the most profitable region in the world,...

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Shareholder recourse for a director’s breach of fiduciary duties

A company’s board of directors bears the responsibility for the functioning and management of the company and is ultimately accountable for the company’s performance. In terms of the South African common law and the Companies Act, 2008 (“Companies Act“), directors have certain fiduciary duties. But what happens when the directors breach those duties? What are the rights of the shareholders in that instance?

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Taxpayer’s appeal upheld due to SARS’ tardiness

An inordinate delay in finalising a tax dispute can have a severely prejudicial effect on a taxpayer who is obliged to pay first and argue later. The recent decision by the Tax Court in F Taxpayer v The Commissioner for the South African Revenue Service[1] has shown that the courts will be loathe to condone excessive delays by the South African Revenue Service (the “SARS”) during the dispute resolution process.

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Data Privacy

The Information Regulator keeps an eye out on the Department of Health’s compliance

On 22 April 2022, the Information Regulator (“the Regulator”) issued a media statement calling upon the National Department of Health (“the Health Department”) to provide it with information demonstrating the Health Department’s compliance with the Protection of Personal Information Act, 3 of 2014 (“POPIA”).

To read more, click on the link

The Employer’s Taking Over of the Works under FIDIC clauses 10.1 and 10.2

Clause 10 of the International Federation of Consulting Engineers suite of construction contracts (the “FIDIC Contracts”), which deals with “Employer’s Taking Over”, can be a difficult section of the FIDIC Contracts to navigate.

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New BCEA Earnings Threshold

On 9 February 2022, the Minister of Employment and Labour published his determination of a new earnings threshold under the Basic Conditions of Employment Act, 1997.

With effect from 1 March 2022, the threshold will increase from the current R211 596.30 pa (equivalent to R17 633.03 per month) to R224 080.48 (equivalent to  R18 673.37 per month).

To read more, click on the link