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  • Draft Tariff Amendments for 2008

    The South African Revenue Service (SARS) has proposed tariff amendments to a host of goods. Such amendments are proposed to bring the current tariffs in line with South Africa's commitments under the SA-EU TDCA, SADC and the MIDP (Motor Industry Developme...
  • Minority shareholders afforded more protection

    As we reported in numerous previous articles, the Companies Bill (the “Bill”) contains better protection for minority shareholders. Such increased protection is especially important for minority shareholders in private companies (or what will become k...
  • Customs duties are complex

    We continually warn clients about the complex nature of customs duties and recently the Supreme Court of Appeal echoed our warnings. The court decision in The Commissioner for South African Revenue Service v The Baking Tin again affirms that this is indee...
  • The rules of competition to get tougher

    Currently the Competition Act is being reviewed in order to tighten the rules regulating competition. The amendments that may be proposed would not deal with the entire Act and all aspects surrounding competition law. Instead the review is aimed at increa...
  • BEE made easy

    The Department of Trade and Industry recently released an interpretive guide to understanding the Broad-based Black Economic Empowerment Act’s Codes of Good Conduct. The dti released this guide on 28 June 2007. Essentially the interpretive guide is noth...
  • Know your customs duties

    Frequently we come across clients, who import and export products, who are ill informed about the importance of customs duties. Sure some view customs duties as a necessary evil which one just has to accept. However, you should only have this view once yo...
  • Important changes to company law

    As many of you will know, there is currently draft legislation out, namely the Companies Bill, which will transform the corporate landscape as we know it. On 11 April 2007 the President signed a new law, which brings about certain changes which is contemp...
  • Imported goods to state the country in which they were produced

    In December 2006 Trade and Industry Minister Mandisi Mpahlwa signed a new regulation in terms of the Merchandise Marks Act. The regulation only came into effect on 14 April 2007. In terms the regulation certain goods which are being imported will have to ...
  • Companies Bill Update

    On Friday 16 March 2007 the Trade and Industry Portfolio Committee (the “Portfolio Committee”) of Parliament sat for the first time to discuss the new Companies Bill (the “Bill”) which has recently been published for comment. Rian Geldenhuys went ...
  • GATS negotiations moving ahead without SA?

    Recently the United States pushed the other WTO negotiators into removing restrictions which prevent foreign entities from maintaining a commercial presence in WTO Member States, the so-called Mode 3 supply of cross border services in terms of the WTO’s...
  • South Africa’s BEE policy in trouble

    The South African government is being challenged on its BEE policy and the result could open the floodgates for further challenges. Despite sensitivity to the issue, this development can perhaps be attributed to the fact that private foreign entities are ...
  • GATS in action – opening a bank branch in Zambia

    In this issue we take a look at the World Trade Organisation’s (“WTO”) General Agreement on Trade in Services (“GATS”) and its application in the financial services sector. More specifically we look at the possibility for a foreign bank to rely ...
  • Disclosure of Grey or Parallel imports required

    As from 9 February 2007 businesses selling grey or parallel imports will have to disclose this fact to consumers. This is in accordance with a regulation which the Minister of Trade and Industry signed after recommendations made by the Consumer Affairs Co...
  • Shareholders Agreements a necessity

    It is better not to be a shareholder in a business if you do not have a shareholders’ agreement unless, of course, you have deep pockets and do not mind litigating (which some people do seem to have an affinity for). We often have clients’ asking us ...
  • BEE: Where are we now?

    For the last couple of years Broad-based Black Economic Empowerment (“BEE”) has featured prominently in the headlines. One cannot open a business publication without reading something on BEE. Just before everyone went on holiday Cabinet approved the n...
  • Closed Corporations need to submit annual returns or cease operations

    On 10 November 2006 President Thabo Mbeki ordered the commencement of certain sections of the Corporate Laws Amendment Act No. 39 of 2002. Although this Corporate Laws Amendment Act has entered into force in 2003, certain sections have not yet become law,...
  • Rian Geldenhuys contribute to regional dialogue on trade in services

    On 30 and 31 October 2006 Rian Geldenhuys participated in a Regional Dialogue for Eastern and Southern Africa on Trade in Services and Sustainable Development.  It was a high level discussion which attracted regional experts on trade in services, ambassa...
  • Rian Geldenhuys joins BUSA Trade Committee

    Rian Geldenhuys has been nominated to represent the interests of the Afrikaanse Handelsinstituut (AHI) at the Business Unity of South Africa’s (BUSA) Trade Committee. He will serve in conjunction with another AHI member. Rian is also a member of the Tra...
  • Over-booking and over-selling illegal

    In terms of the new Consumer Protection Bill suppliers will no longer be allowed to over-sell or over-book any goods or services. It has perhaps always been doubtful whether over-booking or over-selling was allowed in terms of our contract law, but the Co...
  • The Consumer Protection Bill will change the rules of promotional competitions

    We have all received mail which either states on the envelope or on the letter something like “Congratulations! You have won….” If the Consumer Protection Bill comes into force, as it now stands, consumers will no longer be receiving any more of thi...