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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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Do properties constructed solely to rent fall within the ambit of the Housing Consumers Protection Measures Act 95 of 1998 (“the Act”)?

In a recent appeal before the Supreme Court, the court was asked to pronounce on the applicability of the Act to homes constructed for the purposes of letting (as opposed to sale). The builder in this matter, a registered NHBRC home builder, contended that it had built a home to be rented out and therefore …

Do properties constructed solely to rent fall within the ambit of the Housing Consumers Protection Measures Act 95 of 1998 (“the Act”)? Read More »

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