Tag: shareholding

Should post-commencement financiers have a vote on business rescue plans? A critical look at Wescoal Mining (Pty) Ltd & Another versus Mkhombo NO & Others (2023-079991) [2023] ZAGPJHC 1097 (2 October 2023). On 2 October 2023 Judge Wilson of the Gauteng Division of the High Court of South Africa endeavoured to ascribe a meaning to the undefined term "creditor" in Chapter 6 of the Companies Act 71 of 2008 (the Companies Act).  

A recent Supreme Court judgment has clarified that ministerial consent under section 11 of the Mineral and Petroleum Resources Development Act (MPRDA) is needed for both direct and indirect changes of control of a company that holds mining rights.

If you hold “beneficial ownership” in relation to a company, you should already be aware of the new “beneficial ownership register” functionality now on the Companies and Intellectual Property Commission (CIPC)’s e-services platform.

A growing number of South African fintech companies have developed market-ready products and are considering how to expand beyond the relatively small domestic arena. In doing so, they face a list of new issues. These include how to raise funds for growth, how bringing in international funding will affect their local Broad-Based Black Economic Empowerment (B-BBEE) status, and how they will be affected by changing regulations in the pipeline.

At its origin, Broad Based Black Economic Empowerment (BBBEE) was intended to fulfil several critical objectives linked to transformation in the workplace, stemming from the immensely negative impact that Apartheid had wreaked on Black Civil Society in South Africa.

The Independent Communications Authority of South Africa (ICASA) released the long-awaited Invitation-to-Apply (ITA) for both the international mobile telecommunications (IMT) spectrum, also known as high-demand spectrum, and the wireless open-access network (WOAN) on 2 October 2020.

The envisaged future relaxation of the prohibition on 'loop structures' will be accompanied by amended tax laws, but current proposals are likely to result in more tax on certain structures. National Treasury has proposed a number of amendments to tax legislation as a result of the potential future relaxation of the SA Reserve Bank's current prohibition on so-called 'loop structures'. 

The final version of the revised Mining Charter 2018 were announced by Minister Mantashe, who described the new Charter as one which represents a consensus among industry stakeholders, with compromises having been made on some of the contentious aspects of the version of the Charter published for comment in June 2018.