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This note highlights perceived shortcomings in the administrative penalties regime contained in section 59 of the Competition Act 89 of 1998 and examines how these may be remedied by the competition authorities publishing guidelines similar to those imposed in the European Union..
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South Africa's Income Tax Act is almost 50 years old and has been amended countless times to keep it abreast of developments in modern commerce. Inevitably, it has become enormously complex, at times creating uncertainty for the taxpayer. This has led to discussions at high levels about a complete re-write of South Africa's Income Tax Act. While clearer legislation will be welcomed by all, it is inevitable that there will always be those areas of tax law that are subject to different interpretations. For those cases where there is uncertainty relief may be available in the form of an advance tax ruling from the Commissioner..
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Major construction works are currently under way in various cities and towns across South Africa. Most of the contracts governing these works require the contractor to provide a construction guarantee to the owner (or employer) guaranteeing the contractor's performance undertaken in terms of the construction contract, or principal building agreement (PBA). Construction guarantees are used to indemnify the employer against damages suffered in the event of the contractor's default under the PBA.
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The Competition Amendment Bill, which has been passed by Parliament still awaits signature by President Zuma. It will then become law. However there are concerns that certain provisions of the Bill may not be constitutional, so it is possible that the President will refer the Bill to the Constitutional Court. On the other hand, in principle, the Bill could be signed into law at any time and its contents are unlikely to change significantly.
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Aviation in SA falls under the auspices of the Department of Transport, which in turn controls a number of state-owned companies, all of which have been created by statute and which regulate different aspects of aviation in SA.
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The Regulation of Interception of Communications and Provision of Communication-related Information Amendment Act No. 48 of 2008 ("the Amendment Act") is an amendment to the Regulation of Interception of Communications and Provision of Communication-related Information Act No. 70 of 2002 ("the Principal Act"). The Amendment Act came into force on 1 July 2009¹.
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A government notice exempting a state-owned entity from applying for prospecting and mining rights is at risk of being legally challenged on grounds that the then minerals and energy minister acted beyond her powers.
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This article appeared in the 6th edition of The International Comparative Legal Guide to: Pharmaceutical Advertising; published by Global Legal Group Ltd, London (www.iclg.co.uk) Read more >>

LAST YEAR'S "Black October" - resulting in 27 deaths in South Africa from fatal aircraft accidents - prompted both a hardening of insurance rates and a tightening of civil aviation regulations.

Research by SA's Commissioner for Civil Aviation shows that over a five-year period the ratio of serious accidents to registered aircraft has steadily risen by around 1,6%/year. Over that period the number of aircraft registered with the Civil Aviation Authority (CAA) grew from 8 403 to 10 189 by 2007.

There are persuasive arguments in favour of scrapping the offence of criminal defamation. Perhaps the most cogent is that it poses a significant threat to freedom of expression, a threat that is particularly difficult to justify given that there is an effective civil remedy to compensate those who suffer injury to their reputations.