Search Results - "SA mercantile law journal"

Good Faith is not Dead: It still Lives after Beadica 231 CC v Trustees, Oregon Trust by van Eck, Michele

“…In Beadica 231 CC v Trustees, Oregon Trust, the Constitutional Court provided much-needed clarity on the role of equity principles (fairness, reasonableness…”
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South Africa’s Exchange Control Regulations and ‘Loop Structures’: The Income Tax Implications of the Removal of the Restrictions with Effect from 1 January 2021 by Oguttu, Annet Wanyana

“…This article analyses the implications of the income tax provisions introduced to address the potential tax avoidance that could arise from the lifting of the…”
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Re-Acquisition by a Company of Own Issued Shares under Sections 48 and 114(1) of the Companies Act 71 of 2008: A Critical Assessment through Capprec by Bidie, Simphiwe S.

“…Since the Companies Act 2008 came into being, there has been no clear direction regarding the interpretation to be given to the provisions regulating buy-back…”
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Reinstatement in the Context of ‘Deemed Dismissal’: A Critical Analysis of Recent Case Law by Okpaluba, Chuks, Budeli-Nemakonde, Mpfariseni

“…The 'deemed dismissal' or 'discharge' clause is not mentioned either in the reinstatement provisions of section 193 of the Labour Relations Act 66 of 1995…”
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Good Faith is not Dead: It still Lives after by Van Eck, Michele

“…In Beadica 231 CC v Trustees, Oregon Trust, the Constitutional Court provided much-needed clarity on the role of equity principles (fairness, reasonableness…”
Get full text

Reinstatement in the Context of ‘Deemed Dismissal’: A Critical Analysis of Recent Case Law by Okpaluba, Chuks, Budeli-Nemakonde, Mpfariseni

“…The ‘deemed dismissal’ or ‘discharge’ clause is not mentioned either in the reinstatement provisions of section 193 of the Labour Relations Act 66 of 1995…”
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An Exploratory Analysis of Central Bank Digital Currencies – Some Considerations by Lawack, Vivienne

“…The history of central banking began with payment services. Ever since then, payment-related innovation has always been an integral part of central banking…”
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Jurisdictional Quandaries Triggered by a New Variant for Dismissal by Maloka, Tumo Charles

“…While the imperative tone of the Constitutional Court (CC) in Steenkamp v Edcon Ltd (2016) 37 ILJ 564 (CC) (Steenkamp I) leaves no doubt that the Labour…”
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Case Notes: The income tax position of a creditor on the insolvency and/or business rescue of a debtor by Legwaila, Thabo, Fritz, Carika

“…None…”
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Running out of colour in a passing-off claim: Koni Multinational Brands (Pty) Ltd v Beiersdorf AG by Mahlangu, Nomthandazo

“…The appeal in Koni Multinational Brands (Pty) Ltd v Beiersdorf AG 2021 JDR 0414 (SCA) turned on whether Beiersdorf could stop Koni from selling its product in…”
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Case Notes: Jurisdictional Quandaries Triggered by a New Variant for Dismissal by Maloka, Tumo Charles

“…While the imperative tone of the Constitutional Court (CC) in Steenkamp v Edcon Ltd (2016) 37 ILJ 564 (CC) (Steenkamp I) leaves no doubt that the Labour…”
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An analysis of the causes of violence during strike action in South Africa: A psychological perspective by Mbiada, Carlos J Tchawouo

“…Peaceful strikes in post-apartheid South Africa are uncommon. Most industrial action is associated with violent acts to the extent that violence seems to be…”
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A purposive perspective on piercing the corporate veil under Section 20(9) of the Companies Act 71 of 2008 by Olivier, Etienne

“…Section 20(9) of the Companies Act 71 of 2008 (the Act) is a statutory version of the common-law remedy of piercing the corporate veil. Unfortunately, the…”
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Accountability in the twin peaks model of financial regulation in South Africa by van Niekerk, Gerda, ’Nyane, Hoolo

“…The Financial Sector Regulation (FSR) Act 9 of 2017 implemented the first stage of the Twin Peaks model of financial regulation in South Africa. The Act…”
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Case Notes: An Exploratory Analysis of Central Bank Digital Currencies — Some Considerations by Lawack, Vivienne

“…The history of central banking began with payment services. Ever since then, payment-related innovation has always been an integral part of central banking…”
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Setting boundaries for image misappropriations through online catfishing by Ndyulo, Lisa, Mashinini, Nomalanga

“…Social networking platforms have popularised catfishing, which entails creating and using a fake social media account to exploit other users. Catfishing…”
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Case Notes: Interdicting a disciplinary enquiry: Golding v HCI Managerial Services (Pty) Ltd (2015) 36 ILJ 1098 (LC) Revisited by Peach, Vuyo Ntsangane

“…None…”
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CONTRACTUAL FREEDOM AND AUTONOMY UNDER THE CISG AND UNIDROIT PRINCIPLES AS LEGISLATIVE AND JUDICIAL GUIDANCE IN COMMONWEALTH AFRICA by Coleman, Theophilus Edwin

“…The idea that contracting parties should be afforded the freedom to determine the content of their contract and regulate their private legal arrangements not…”
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General Anti-Avoidance Rules and Tax Treaties: A South African Perspective by Rudd, Reinhard

“…The domestic laws of many countries contain statutory general anti-avoidance rules, or ‘GAAR’. As tax avoidance schemes have proliferated, especially in a…”
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Appraisal of Financial Inclusion in South Africa: Proposing The Agent Banking Model Implemented in Malaysia by Van Niekerk, MG

“…Financial inclusion is a burning issue around the world, especially in emerging markets such as South Africa. Its importance lies in the fact that it will…”
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