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International commercial arbitration and international investment treaty arbitration both offer effective and efficient alternative dispute resolution mechanism to assist with Africa mining related disputes and avoid some of the downsides often associated with judicial resolve.
Rapid advances in technology and artificial intelligence in the mining industry raise issues like data protection, intellectual property ownership and legal liability. In the current absence of specific legislation to govern emerging technologies like artificial intelligence, businesses must continue to rely on existing laws and ensure that they enter into robust contracts.
The draft Conduct of Financial Institutions Bill was recently published. Once enacted, the CoFI Bill may become one of the first pieces of legislation that explicitly seeks to develop fintech regulation in South Africa.
Achieving Mining Charter III’s requirements for structuring broad-based ownership, local procurement and social and labour plans is likely to present serious challenges for small scale miners in particular. It may be time to move away from a 'one size fits all' approach in setting charter targets.
On 23 November 2018, the Labour Laws Amendment Bill was signed into law. The Bill provides a minimum period of leave entitlement to employees who are fathers, adoptive parents and parents in a surrogate motherhood agreement, amending the Basic Conditions of Employment Act (BCEA) and the Unemployment Insurance Act (UIF).
The taxation of real estate investment trusts (REITs) was discussed at the recent National Treasury Workshop on the 2018 draft Taxation Laws Amendment Bill, held on 4 September 2018, in Midrand. The correct tax treatment of certain anomalies, including the taxing of commercial lease deposits, was raised.
The South African Competition Commission has established a reputation for relentlessly pursuing its cartel enforcement objectives. Over the past three years, the Commission has raided over 70 companies and conducted hundreds of cartel investigations. It is imperative for businesses to ensure that they are prepared for a dawn raid.
National Treasury's proposal in the draft 2018 Taxation Laws Amendment Bill (2018 draft TLAB) to remove the taxable benefit concerning low or interest free loans granted to low-income employees for low-cost housing (the Proposed Amendment) was discussed on Day 2 of the recent National Treasury Workshop on the 2018 draft TLAB (Tax Workshop).
There have been a number of binding private rulings providing for the deductibility of contributions made by employer companies to share incentive trusts for the purpose of acquiring shares in the former.