Werksmans' insights into the most recent legal developments across a diversity of key industry sectors:

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South Africa’s most powerful M&A law firm created: Des Williams, Chairman

  18 November 2008
  South Africa’s most powerful corporate and commercial law firm specialising in mergers and acquisitions (M&As) has been created with the merging of two of South Africa’s leading legal powerhouses, Gauteng-based Werksmans and Cape-based Jan S. de Villiers. read more

New Divident Regime: Ernest Mazansky, Director, Werksmans Tax (Pty) Ltd

  01 November 2008
  The Revenue Laws Amendment Act, 2008 has now been passed by Parliament. As has been well publicised, the secondary tax on companies (STC), which is a tax borne by the company when a dividend is declared, is to be terminated, and replaced with a divide>>> read more

Law Firm Welcomes New Minister as a Potential end to Government’s Interference In Private Sector Health: Bulelwa Khemese, Director

  21 October 2008
  Leading corporate and commercial law firm Werksmans welcomes the appointment of new Minister of Health, Barbara Hogan, believing it heralds an end to the era of growing state intervention in the private healthcare industry, and a change to the culture >>> read more

The New Business Rescue Procedure: Chapter 6 of the Companies Bill, 2008: Eric Levenstein, Director

  05 October 2008
  The South African fiscus is losing potentially billions of rands in tax revenue and licensing fees by delaying the licensing of online interactive gambling in the country. read more

Regulatory Landscape For Hedge Funds In South Africa: Ina Meiring, Director

  01 October 2008
  During August this year, the Minister of Finance introduced two Revenue Laws Amendment Bills, which seek to amend a number of Tax Acts, including the Customs and Excise Act No. 91 of 1964 (“the Customs Act”). These bills were due to be finalised for t>>> read more

New Companies Bill May Send Directors Running For Cover: Wildu du Plessis, Director

  01 October 2008
  In the wake of the US government bailing out Wall Street to the tune of $700 billion, the South African government may be tempted to take a second look at its draft Companies Bill, as the accusing finger in the US is again pointed at the failure of reg>>> read more

Business Rescue provisions could jeopardise Creditors: Gareth Driver, Director

  01 October 2008
  Many of the provisions of the new Companies Bill are designed to protect creditors, but their rights will be negatively affected by two aspects of the Bill: the new provisions regarding mergers and amalgamations, and those relating to ‘business rescue’ . read more

New companies bill introduces solvency & liquidity test of fairness: Wildu du Plessis, Director

  26 September 2008
  Company directors will have to exercise more care when entering into any form of corporate finance transaction once the new Companies Bill 2008 is promulgated, as any transaction must comply with the so-called ‘solvency and liquidity test’, which is it>>> read more

SRP Expects Change in Form but not Substance: Gareth Driver, Director

  22 September 2008
  The new Takeover Regulation Panel is designated by the new Companies Bill as heir to the Securities Regulation Panel (SRP), but without the independence of its predecessor. read more

Law Firm Questions Government’s Interference in Private Sector Health: Bulelwa Khemese, Director

  22 September 2008
  The Ministry of Health is doing irreparable damage to the efficient delivery of healthcare in this country by its lack of public consultation and heavy-handed approach. read more

A new Companies Act for South Africa: Gareth Driver, Director

  15 September 2008
  In June 2008 the long-awaited new Companies Bill was tabled in the South African Parliament, with the intention that it be adopted in 2008 and become effective in 2010. read more

Corporate Crime Gets Closer to Home, Bernard Hotz, Director

  11 September 2008
  The weakening economy and the growing incidence of personal debt is exposing South African companies to rising levels of corporate fraud, not only by organised crime syndicates but also from within. read more

New Pension Fund Adjudication offers relief for retirement annuity holders: Bradley Workman-Davies, Senior Associate

  01 September 2008
  The office of the Pension Fund Adjudicator has come under some criticism recently for its willingness, under the new adjudicator, Mamodupi Mohlala, to deal with complaints received by it on a equitable basis, rather than a narrower, more formalistic in>>> read more

When is a Yellow Card a Red Card? – When it’s a Suspension, says Werksmans Attorneys: Anastasia Vatalidis, Director

  01 September 2008
  The suspension of an employee for misconduct, pending the outcome of a disciplinary enquiry, wrongly handled, can lead to the disgruntled employee turning the tables on you by instituting action for an unfair labour practice and/or even an unfair dismi>>> read more

The Prevention of illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 : Eviction Applications: Lisa Silberman, Director

  22 August 2008
  Section 26 of the South African Constitution provides every individual with the right of access to adequate housing and states that no one may be evicted from their home or have their home demolished without an order of Court made after considering all>>> read more
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