NEWS & MEDIA

CALL OUT TO COMPANY DIRECTORS! TAKE YOUR DUTIES SERIOUSLY… OR FACE THE PROSPECT OF BEING DECLARED ‘DELINQUENT’

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To some, becoming a ‘director’ is a career achievement but often is not taken with the gravitas that it should. Sitting on a company board as a director may be viewed for some as a golden ticket to picking up a large remuneration without doing too much work and more importantly not understanding the duties and responsibilities attached to that ‘directorship’.

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BREAKING BARRIERS: SOUTH AFRICA'S CONSTITUTIONAL COURT CHAMPIONS EQUALITY IN IVF PARENTING RIGHTS FOR UNMARRIED COUPLES

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In a landmark decision, South Africa's Constitutional Court upheld the Gauteng High Court ruling, in the case of “VJV AND ANOTHER v MINISTER OF SOCIAL DEVELOPMENT AND ANOTHER [2023] ZACC 21”, that Section 40 of the Children's Act is unjustifiably discriminatory based on marital status and sexual orientation. This decision stems from a court bid initiated by a lesbian couple, highlighting the Act's inequity in granting parental responsibilities and rights to children conceived through in vitro fertilization (IVF). The judicial challenge drew attention to the Act's exclusion of "permanent life partner" in favor of "spouse" and "husband," which disadvantaged unmarried couples.

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ANTON PILLER ORDERS

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An Anton Piller Order is an order sought by way of an urgent ex parte application for immediate relief by an applicant who suspects that notifying the respondent will have the effect of affording the respondent time to either hide or destroy evidence which the Applicant requires in anticipated litigation. The aim of the order is the preservation of specific evidence.

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BEWARE OF THE PRESCRIPTS OF THE INTEGRATED WASTE MANAGEMENT BY-LAW

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The City of Cape Town’s Integrated Waste Management By-Law makes it possible for the City of Cape Town to clean up private properties at the owner’s expense.

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AUTHENTICATION OF DOCUMENTS EXECUTED INSIDE OR OUTSIDE OF SOUTH AFRICA

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Often times, documents need to be signed or legalised for use within South Africa or for use abroad.

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A(NOTHER) BLOW TO TAXPAYERS: THE SCA OVERTURNS ABSA’S HIGH COURT WIN AGAINST SARS

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Albert Einstein once said that “the hardest thing in the world to understand is the income tax.” If he were around today, he might have instead said that “the hardest thing in the world to understand is how to challenge a tax assessment in South Africa.” Whilst this may be overstating matters a tad, the SCA’s recent judgment in the case of The Commissioner for the South African Revenue Services v ABSA Bank Limited and United Towers Proprietary Limited lends some credence to this rejigged Einstein adage. We explain why below.

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