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

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Rising risk of litigation could cost manufacturers and retailers dearly: Eric Levenstein, Director

  02 June 2008
  nsurance for manufacturers and suppliers is likely to increase, along with certain production costs, once the Consumer Protection Bill becomes law later this year read more

Irrevocable guarantees should be requested in writing: Brian Kew, Director

  02 June 2008
  The old saying, ‘Put it in writing’, comes to mind when considering a recent Supreme Court of Appeal decision that may be causing some consternation in the property marketplace. read more

Is South Africa entitled to Levy a Higher Rate of Tax on Foreign Companies?: Kyle Mandy, Director

  01 June 2008
  As a general rule, South Africa levies income tax on South African tax resident companies at a rate of 28% (29% for years of assessment ending on or prior to 31 March 2008). read more

Africa Wakes up to Telecoms and Broadcasting Challenge: Amanda Armstrong, Director

  30 May 2008
  African countries can attract substantial foreign investment by introducing telecommunications and broadcasting legislation with a ‘light touch’. read more

Constellation of Healthcare Regulation, Neil Kirby, Director

  07 May 2008
  The cost of health care persistently creeps up at a higher rate than inflation, despite the best efforts of government to control it. read more

New Draft Legislation Extends Governments Interference in Private Sector Health, Neil Kirby, Director

  07 May 2008
  Last week’s publication of proposed amendments to the National Health Act, the National Health Amendment Bill, contains controversial plans allowing government “too much power to dictate pricing between independent parties” says Neil Kirby, director: h>>> read more

Constellation of Healthcare Regulation: Neil Kirby, Director

  07 May 2008
  The cost of health care persistently creeps up at a higher rate than inflation, despite the best efforts of government to control it. In fact, the more government tampers with the South African health care system, the worse it seems to get. This reinf>>> read more

New Reportable Arrangement Provisions Activated, Kyle Mandy, Director

  01 May 2008
  The new reportable arrangement provisions contained in sections 80M to 80T of the Income Tax Act have been activated with effect from 1 April 2008. Unfortunately for taxpayers and their advisers, this is no April Fools Day hoax. The new provisions ar>>> read more

Power, Politics, Crime and Confidence in South Africa, Des Williams, Chairman

  01 May 2008
  In mid-December 2007 most South Africans left on their annual summer pilgrimage to holiday homes and coastal resorts. The mood was buoyant and the holidays were the perfect way to end a busy and successful year. read more

Slow Flow of Consumers to Debt Counsellors could Stem from Low Awareness, Eric Levenstein, Director

  01 May 2008
  Almost a year after the commencement of the National Credit Act, the response from consumers to the new debt review processes seems muted. While consumers are generally familiar with the scope and intention of the Act, relatively few are coming forward>>> read more

Fallout from the collapse of Nationwide: Eric Levenstein, Director

  30 April 2008
  Following Tuesday’s collapse of low-cost airline Nationwide, thousands of airticket-holders have little choice but to approach other airlines to see if they will honour their bookings. read more

Million-A-Month Competition Declared Unlawful by Supreme Court of Appeal: Wendy Rahamim, Director

  29 April 2008
  The FNB Million-a-Month competition has been before the courts since 2006, when the Pretoria High Court declared the competition unlawful in terms of the Lotteries Act. That decision was the subject of an article written by Wendy Rahamim and Tebogo Mt>>> read more

Section 38 Amendment could facilitate BEE and Private Equity, but Beware, Wildu du Plessis, Director

  21 April 2008
  A recent amendment to the Companies Act may encourage corporate activity in South Africa, by permitting companies to provide financial assistance to buy shares in themselves or their holding companies - but corporate law firm Werksmans cautions that th>>> read more

Taking Promotional Competitions Into Consideration: Wendy Rosenberg, Director and Tebogo Mthiyane, Senior Associate

  08 April 2008
  Promotional competitions have recently come under the spotlight as companies such as FNB and Vodacom have been taken to task for running promotional competitions in contravention of the Lotteries Act. read more

Werksmans wins Landmark Ruling in favour of Insurance Industry, Neil Kirby, Director

  03 April 2008
  Leading litigation firm Werksmans has won a landmark ruling in the Supreme Court that will in future allow short-term insurers to design and sell medical cover. Since 1998, this market has been all but barred to it, as a result of an interpretation of >>> read more
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