March 2020

Simulated transactions and controlled foreign companies: Sasol V SARS

A simulated transaction is one which expresses an ostensible intention of the parties thereto, which differs from their actual intention. South African law requires that its courts give effect to the parties’ actual intention, particularly in circumstances where the recorded intention is so recorded to circumvent any law or requirement, or evading tax. The courts

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Do your contractual warranties properly cover your business risks

In a recent appeal before the Supreme Court, the court was asked to interpret a customary warranty written in a lease. A and B signed a lease in which B warranted that its premises would comply with the applicable health and safety laws. Ordinarily, the local authorities inspect buildings to make sure they meet the

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