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23 articles found in South Africa
Key Takeaways Managing import tariffs and resolving customs disputes in South Africa requires strict adherence to timelines and precise commodity classification. Navigating the South African Revenue Service (SARS) framework effectively...
Navigating Divorce Proceedings in South Africa Key Takeaways Ending a marriage in South Africa involves navigating specific legal channels, from deciding on child care to dividing assets based on your...
Legal Framework: South Africa governs cross-border insolvency through the Cross-Border Insolvency Act 42 of 2000, which incorporates the UNCITRAL Model Law. Mandatory Recognition: Foreign liquidators or "representatives" have no standing...
South Africa practices "Freedom of Testation," allowing you to distribute your assets to anyone you choose, regardless of the "forced heirship" laws in your home country. A separate South African...
Mandatory Consideration: Uniform Rule 41A requires all litigants in the South African High Court to consider mediation before proceeding to trial, making it a standard step in cross-border disputes. Enforceability:...
Non-resident landlords must strictly adhere to the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) and the Rental Housing Act to avoid legal penalties. Security...
Inherited property in South Africa is exempt from Transfer Duty, but the estate may still be liable for Estate Duty if the total value exceeds R3.5 million. No property can...
Business rescue is a formal rehabilitation process designed to save "financially distressed" companies from liquidation. A general moratorium is triggered immediately, providing legal protection against creditor claims and asset seizures....
International firms must comply with POPIA if they process personal information within South Africa or use automated or non-automated means situated in the country. Compliance is built upon eight specific...
The Consumer Protection Act (CPA) applies only to property sold by developers or investors in the ordinary course of their business, not to private sales between individuals. Developers cannot use...
South African courts generally require either a submission to jurisdiction or the attachment of assets to hear a case against a foreign entity. The Hague Service Convention streamlines the legal...
South African courts generally require an attachment of property to establish jurisdiction over a foreign defendant who has no local presence. The Hague Service Convention streamlines the process of serving...
B-BBEE compliance is measured on a scale of Level 1 to Level 8, where Level 1 provides the highest competitive advantage for securing government tenders and private sector contracts. Small...
B-BBEE is a commercial imperative for international firms seeking to participate in the South African economy, particularly for government tenders and large-scale private supply chains. Multinationals can bypass the requirement...
Medical malpractice claims in South Africa fall under the law of delict, requiring proof of negligence, causation, and actual damages. The standard prescription period for filing a claim is generally...
Claims for accidents where the driver is identified must be lodged within three years of the incident. "Hit and run" claims involving unidentified drivers have a much shorter deadline of...
Shareholders in South African private companies can proactively prevent deadlocks by including customized tie-breaker provisions in their Memorandum of Incorporation (MOI). The "Shotgun Clause" is a high-stakes exit mechanism that...
Repatriating Profits: Foreign Investment Laws in South Africa South Africa offers a sophisticated legal framework for international investors, but the movement of capital across its borders is strictly governed by...
Being sued by a customer is a stressful milestone for any South African business owner, but it does not have to be catastrophic. Whether the dispute arises from a defective...
South African family law is built around the "best interests of the child" and the constitutional rights to dignity, equality and family life. Your matrimonial property regime (in community, out...