Update: Port of Richards Bay Floating Dock
The new floating dock facility will be located in the vicinity of the port’s Small Craft Harbour.
Articles
MSC Commits to Equipping 50,000 of its Containers with Smart Tracking Devices
It is anticipated that the technology afforded by such smart devices will also facilitate easier and quicker pre-customs clearance.
Keeping Your Child Safe Online
The digital age increases the risks that children face from criminals
The Do's and Don'ts of Business Rescue
The business community learns the advantages of business rescue as opposed to liquidation.
Agreements of Sale of Immovable Property
Ensure that you obtain sale agreement documents that comply with South African Law
Tax implications of ceded dividend rights
In this article discuss the tax implications of ceded dividend rights with reference to a case recently heard in the SCA (CSARS v KWJ Investments).
The summary of the SCA's judgement regarding vat on commercial accommodation
Vat on Student Accommodation
South Africa Ship Arrests: Counter-Security and Wrongful Arrest
We thought it might be helpful if we provided this brief advice on counter-security following a vessel’s arrest, and a loosely so-called “wrongful arrest”, in terms of South African law.
Climate Change Bill: Here's what you need to know
With increasing and frequent extreme weather events caused by anthropogenic climate change, the Bill could not have been introduced at a better time.
TNPA seeks over 4 percent tariff increase
A tariff increase of 8.00% on Marine charges (shipping lines).
International Arbitration Act, 15 of 2017 and its' impact on the enforcement of maritime claims in South Africa
One of the consequences of the Act is that it has brought about a curtailment of our courts’ inherent jurisdiction.
Extending a Section in a Duet Sectional Title Scheme - Property Law Update
A duet sectional title scheme is normally formed when a property is too small to be subdivided, but is large enough to accommodate two dwellings.
Cryptocurrencies and SARS
Increased interest regarding cryptocurrencies has prompted calls for SARS to provide direction as to the tax treatment of cryptocurrencies.
South Africa: 1 January 2019 Deadline in Relation to Road Transportation of High Cube Containers
South Africa: 1 January 2019 Deadline in Relation to Road Transportation of High Cube Containers
The Legal 500 Europe, Middle East & Africa South Africa Shipping and transport recommended Law firms
Shepstone & Wylie is a leader in ship casualty investigations and total losses, and handles a high market share of ship and bunker arrests.
Amendments to Employment Legislation and What Employers Can Expect
The Labour Laws Amendment Bill is a new piece of legislation which seeks to introduce parental leave for not only the birth of a child, but also for parents who choose to adopt or commission the services of a surrogate.
New Navigational Aids Being Introduced at Port Maputo
The National Institute for Hydrography and Navigation of Mozambique (INAHINA) is spending US$3.5 million on navigational aids at the port of Maputo.
Revolutionary Transport Union of South Africa Calls for Strike Action
Revolutionary Transport Union of South Africa (RETUSA) has called for indefinite strike action to take place on Wednesday 11 July.
Rules of Origin - The "direct transport" Rule - Shipping & Logistics update
It is well-established that in order for goods to enjoy preferential treatment on importation proof of origin must be submitted to the customs authority of the importing country.
Richards Bay Coal Terminal Upgrades to Boost Productivity and Improve Vessel Turnaround Times
The ZAR 1.34 billion machinery upgrade at the Richards Bay Coal Terminal (RBCT) includes the replacement of stackers and ship loaders.
New Rules for B-BBEE
Soon 51% black-owned large enterprises will be level 2; and "At least 30% black-women owned" finally means "at least" and not "more than"!
Customs Treatment of Goods Lost in a Robbery of Hi-Jacking
The SCA has at last settled the uncertainty in relation to the application of rebate item 412.09 of Schedule 4 to the Customs and Excise Act 91 of 1964 when it handed down judgment in the case of SARS v Encarnacao N.O. on 29 May 2018.
Michael Asherson to Join Shepstone & Wylie in November 2018
We are delighted to announce that Michael Asherson will be joining our Shipping & Logistics team in Durban as a Partner on 1 November 2018.
Are you planning to relocate and have your goods shipped - Shipping & Logistics Update
General Average is a marine legal principle which is declared by the master of a ship when the ship is faced with a life-threatening situation such as fire or a severe storm.
Shipping Lines Urge Transnet to Overhaul Cape Town's Aging Fleet
Local online publication Freight & Trading Weekly has in its 1 June 2018 publication reported that shipping lines have urged Transnet to consider redeploying some of its tugs currently operating in the Eastern Cape to the port of Cape Town.
Data Protection "D-Day"
People were complaining about the dozens of emails they received last week informing them that international companies were updating their privacy policies and asking them to verify information due to the GENERAL DATA PROTECTION REGULATION taking effect in the E U.
Customs Requirements for South African Travellers - Media Release from SARS
Latest information from SARS regarding Customs requirements for travellers returning with personal valuables
“Online Luring” - Social Media Update
There is nothing more terrifying to a parent than the thought of their child being in danger or exposed to a predator.
Netflix Controversy - Media Update
The Independent Communications Authority of South Africa (“ICASA”) held public hearings about TV subscription services and the “Netflix phenomenon” was firmly in the spotlight.
An Old Chestnut Revisited – Incorporation of Standard Trading Conditions
The reality is that proper incorporation of well drafted STCs remains critical to the protection of a business, particularly where a claim arising from negligence or some other contractual obligation has occurred.
The Chinese (COSCO) heavylift semi-submersible XIAN RUI KOU arrived in Durban on 21 April 2018
The Chinese (COSCO) heavylift semi-submersible XIAN RUI KOU (IMO 948 3102) arrived in Durban on Saturday morning after a day or two spent at the outer anchorage.
Eviction of Clubs from the Richards Bay harbour and surrounding areas
Imagine a well-developed Port not having facilities for the launching of pleasure craft such as ski – and bay boats nor moorings for yachts and larger sport fisher vessels.
Overview on the Davis Tax Committee on the Corporate Income Tax Report
The Davis Tax Committee (DTC) has published final reports in respect of VAT, Corporate Income Tax, Public Benefit Organisations and Wealth Tax.
Richards Bay Floating Dock and Ship Repair
Africa Ports & Ships Newsletter has today reported that the project to establish a ship repair facility including a floating dock at Richards Bay remains on track.
Coastal Bunker Barge and Tanker in Operation at Richards Bay, South Africa
Local online trade newspaper Africa Ports & Ships Newsletter has reported that SA’s first coastal bunker barge, AMBER II, is in operation at the port of Richards Bay.
You are fired - Social Media Update
We have been warning people for years that they should be very careful about the things that they post on their Facebook pages if they want to keep their job
Understatement Penalties and Intentional Tax Evasion
The case of Mr A and XYZ CC versus the Commissioner for the South African Revenue Services, (judgment was handed down on 08 February 2018) dealt with the failure by taxpayers to submit income tax returns and VAT returns and the resultant understatement penalties imposed by SARS.
Tax Update: Country by Country Reporting
In 2013, in order to address the differences in tax systems of multiple countries, the Base Erosion and Profit Shifting Action Plan was adopted by the Organisation for Economic Cooperation and Development and G20 countries, including South Africa. This resulted in the development of Country-by-Country reporting.
Uncertainty Amongst Some VAT Vendors: What You Need to Know
We have recently noted the uncertainty amongst some VAT vendors regarding what rate of VAT to levy on some of their supplies in light of the VAT increase to 15% effective from 1 April 2018.
SARS Outsourcing One of Its Core Functions: Is This Cause for Concern
Currently over 2.3 million taxpayers and traders owe SARS just under R150billion. SARS announced on 9 March 2018 that it has outsourced the older and relatively smaller amounts due to it to a number of debt collection agencies.
VAT Increase effective 1 April 2018
From 1 April all taxable goods or services are subject to 15% VAT. Goods entered for home consumption on or after 1 April 2018 will be subjected to the higher VAT rate.
Delete Facebook - The Backlash Against the Giant
The fact is that Facebook is voluntary and people consent to all sorts of outrageous privacy infringements willingly in order to get the service.
Judicial Sales of Ships in English Common Law Jurisdictions
In February 2017, Hanjin Shipping Company was declared bankrupt by the South Korean courts, the largest bankruptcy for container shipping in 30 years. It is not always easy to choose between the insolvency process and the sale process. Insolvency can be costly, yet an orderly sale process is also difficult to achieve, given the high level of trade debts and potential maritime lien claims.
Are Asylum Seekers and Refugees Legally Entitled to Claim Social Security in South Africa?
In the recent unreported 2017 Equality Court case of Saddiq v Department of Labour and Others, an Asylum Seeker who had been in S.A. for approximately six years and who was employed by the same employer for two and a half years when his employment terminated, approached the court to enforce a claim for his UIF benefits.
Breaking News: Richards Bay & Durban, South Africa - Suspension of Helicopter Operations for Marine Pilot Transfers
The Richards Bay Harbour Master has circulated a Port Information Update regarding the use of the port authorities’ helicopter for Marine Pilot transfers.
Agreements of Sale of Immovable Property
In todays modern world, where most people have access to the internet, it is easy to obtain a template of a sale agreement for immovable property. However, certain legalities have to be complied with in order for the agreement concluded between the parties to be valid and binding.
What's In Store For South Africa?
In February, Shepstone & Wylie Attorneys, in partnership with the South Africa Institute of Tax Professionals (SAIT), hosted a corporate insights breakfast. Being held on the morning after the Budget Speech, the objective of the breakfast was to provide companies with insight into what to expect both politically and financially in the coming year.
Twitter Wars & the Hate Speech Bill
The new Prevention and Combating of Hate Crimes and Hate Speech Bill which has been approved by cabinet for consideration by parliament. In terms of this new Bill, the criminalisation of hate speech is introduced into our law which has far reaching consequences.
Boards of Trustees of Retirement Funds Facing a Challenge!
Several new regulations to the Pension Funds Act became law in August 2017. These “default” regulations have far reaching implications for all funds.
Revoking University Degrees for Online Behaviour
We have all been warned that our current online behaviour may have a detrimental effect on our future, however there is now a possibility that it can have a disastrous effect on our past achievements.
TNPA Places Orders for Two New Port Helicopters
Transnet National Ports Authority (TNPA) has announced that it will be acquiring two new aircraft for delivery next year.
Protective Writs in South Africa Revisited: Application of the ‘Monica S’ Principle in South Africa
In July 2017 we published a note on a judgment handed down in the Western Cape Division of the High Court of South Africa, which addressed the common practice in South Africa of issuing so-called ‘protective writs’.
Breaking News: Bunker Shortage Reported at Durban
According to local online trade newspaper Africa Ports & Ships, unconfirmed reports suggest that there is no spot bunker fuel currently available at the port of Durban.
Immovable Property and The Budget: 21 February 2018
A summary of some taxation issues affecting immovable property, including transfer duty, VAT, withholding tax on immovable property sales, CGT, estate duty, donations tax and dividends tax.
The Chain of Publication - Social Media Update
Be very careful about posting controversial, defamatory or abusive messages on social media sites… you could end up in court staring down a very hefty legal bill.
Productive Asset Allowance - Revenue or Capital in Nature
The issue which arises in the Appeal case of Volkswagen South Africa (Pty) Ltd / The Commissioner for the South African Revenue Service (1123/2016 ZASCA 190) is whether the accrual of rebates calculated with reference to capital expenditure, and to which the Appellant became entitled under a government scheme to support the local motor industry, should be regarded as accruals of a revenue or capital nature.
Share Buy-Backs and Capital Gains
On 18 December 2017, the Taxation Laws Amendment Act, No. 17 of 2017 was promulgated, whereby amendments were made to paragraph 43A of the Eighth Schedule to the Income Tax Act. The amendment made to Paragraph 43 of the Eighth Schedule effectively provides that buy-backs that meet certain criteria are to be treated as proceeds for CGT purposes.
What to Expect from February's Budget Speech
South African citizens and investors are feeling slightly more optimistic now that Cyril Ramaphosa is the President of the ANC. That being said, however, February’s budget speech is still going to be a tense affair.
B-BBEE and Trusts
There have been many questions raised recently regarding the correct application of the principles of B-BBEE to ownership by trusts.
Not So Sweet
As most people are aware, the Sugary Beverages Levy (“SBL”) will come into effect on 1 April 2018 and applies to consumers, manufacturers and importers of sugary beverages. It is a new Health Promotion Levy introduced in support of the Department of Health’s deliverables to decrease diabetes, obesity and other related diseases in South Africa.
Second Draft Carbon Tax Bill
National Treasury published a second draft Carbon Tax Bill for introduction in parliament, as well as for public comment on 14 December 2017. The actual date of implementation of the carbon tax will be determined through a separate and later process by Minister Gigaba through an announcement during 2018 or at the Budget 2019, taking into account the state of the economy. Stakeholders are invited to submit written comments on the draft carbon tax bill by close of business on 09 March 2018 to carbontaxbillcomments@treasury.gov.za.
The National Minimum Wage Bill
The purpose of the National Minimum Wage Bill is to improve the wages of the lowest paid workers and to protect them from being paid unreasonably low wages. The minimum wage will apply to all employees as defined in the The Basic Conditions of Employment Act, No. 75 of 1997, and only excludes independent contractors and members of the South African National Defense Force, the National Intelligence Agency and the South African Secret Service.
Ho, Ho, Ho, It's Off to School We Go! A Head's Up Regarding School Indemnities
With the kids back at school, many parents receive the school's Consent, Indemnity and/or Waiver in respect of general school activities, outings which they are told to sign. Do you know what you are signing?
Cause to be Concerned: The Competition Amendment Bill
On 1 December 2017, the Minister for Economic Development slipped the Competition Amendment Bill, 2017 into the Government Gazette allowing 60 days for comment........Make no mistake, if passed, these changes will have an enormous impact on the way firms do business in South Africa.
Victory for Single Parents
More often than not, the mother of a child whose former partner or spouse refuses to co-operate, is called upon to account to the school for issues or problems related to the non-payment of school fees.
Bribery and Corruption: Importer vs Agent Liability
There are many third-party business relationships the word over where bribery and corruption have been found. It is imperative that importers make use of third-party agents that they trust, and agents that have implemented strong anti-bribery and corruption practices across their business.
Catfishing and Online Extortion - Urban Legend or Real Concern
It appears that there are syndicates operating in the country using this form of trickery to extract vast amounts of money from people. “Catfishes” will be removed by social media platforms if they have pretended to be you and you report them with the images that they have made.
Do South Africans have a 'Right to be Forgotten'?
If you “Google” yourself, you may be surprised with the results! Unfortunately, this can have very negative consequences for people looking for jobs.
Mining Indaba 2018
Debbie Ntombela and Siya Mkhize are both moderating sessions at the 2018 Mining Indaba.
Changing Terms and Conditions - An Automatically Unfair Dismissal?
Employers often want to change the way they run their businesses and this often requires employees to accept a change to terms and conditions of employment. When agreement cannot be reached on the proposed change, employers face a dilemma on how to persuade employees to accept the change.
Social Media and Domestic Violence
The sad tale, which has become far too common place these days, of a relationship gone badly wrong resulting in the scorned lover turning to Facebook to humiliate his ex.
Facebook Newsfeed Revamp - Social Media Update
This is the year for “meaningful social interactions” according to Mark Zuckerberg, Facebook’s founder and CEO.
Social Media Update - The French Government & Mobile Phones - Progress or Gone Too Far?
The French government recently announced that from the start of the school year in September 2018, mobile phones will be banned completely in primary, junior and middle schools.