Category Archives: 2009

CAN A CONTRACT OF EMPLOYMENT BE CONCLUDED BY SHORT MESSAGE SERVICE (SMS) by Darren Mer

Gone are the days where communication could only take place through the mode and mechanism of ordinary mail. We live in a technologically advanced world where electronic mail communication has become a norm in the business world, which has made, certainly from a legal perspective, the exchange of documents and correspondence quick and instantaneous and… Continue Reading

HAS INCREASING MERGER THRESHOLDS OPENED A PANDORA’S BOX WITH REGARDS TO SMALL MERGERS? by Andile Nikani

In terms of the merger control provisions of South African competition law, there are two classes of notifiable mergers: intermediate mergers and large mergers. Intermediate mergers are those that meet the following thresholds – the combined annual turnover in, into or from South Africa of the acquiring firm/s and the target firm/s are valued at… Continue Reading

SECTION 14 CONSUMER PROTECTION ACT 68 OF 2008: THE FUTURE OF FIXED-TERM AGREEMENTS by Caroline Masvikwa

Fixed-term agreements are broadly defined as those agreements in terms of which particular goods or services are supplied to consumers for a determined and extended period of time. Such agreements are common place and affect us daily, the most obvious being, gym contracts, residential leasing contracts, sole mandate contracts, cell-phone contracts, vehicle tracking contracts and… Continue Reading

THE PASSING OF RISK by Charles Shapiro

  A fundamental legal principle which is generally not known, is the fact that there is a distinction between the passing of risk and the passing of ownership in sale. In some systems of law, both ownership and risk pass to the buyer at the same time, but this is not the case in South… Continue Reading

ITS ALWAYS EASIER TO BUY by Solly Slom

Prior to the recent amendment of Section 228 of the Companies Act, the directors of a Company had the power to dispose of the whole or substantially the whole of the undertaking of the Company or the whole of the greater part of the assets of the Company if they were authorised to do so… Continue Reading

NEW PENALTIES FOR INCOME TAX NON-COMPLIANCE by Andre Kruger

As from the 1st of January 2009 the Commissioner for the South African Revenue Service (SARS) has been vested with additional powers to raise punitive administrative penalties in addition to any other penalties that he is entitled to raise as a result of the non-compliance by taxpayers of their obligations in terms of the Income… Continue Reading