Tag: unconstitutional
Business rescue payment obligations
A landmark high court ruling found that business rescue practitioners can't "have their cake and eat it too". The case involving sugar giant Tongaat Hulett, balances the principles of corporate rescue with the broader societal imperatives of industry regulation.
Expropriation Bill unconstitutional in the absence of a constitutional amendment
The 1975 Expropriation Act authorises the Minister of Public Works to expropriate property for public purposes, and provides for the payment of compensation to the dispossessed owner, not exceeding the property’s market price, determined either by agreement between government and the owner, or by a court.
New or higher taxes won’t work, and could be unconstitutional
The trade union federation Cosatu recently called for tax increases, particularly on the wealthy, to arrest South Africa’s economic down spiral. But economist Arthur B Laffer, known for popularising the Laffer curve, shows us that beyond a certain point, tax revenue will decline as tax rates increase.
Copyright Amendment Bill is unjust, unfair and unconstitutional
The National Council of Provinces should hang its head in shame after voting in support of the Copyright Amendment Bill. It took this devastating decision despite overwhelming opposition to and patent rejection of the Bill by South African creators and creatives from numerous affected industries – the very people that the Bill is ostensibly meant to protect.
UCT Council vote unlawful, discriminatory and violates academic freedom
On Saturday 30 March, University of Cape Town (UCT) council members will vote on a controversial motion to restrict interaction between UCT and any Israeli academic institution. If adopted, not only would this be unconstitutional, discriminatory and flout the doctrine of academic freedom, it would be unlawful for certain members to have voted if they have previously been involved in actions relating to a boycott of Israeli institutions.