Bazuka and Company SA Inc.

17/12/2019

https://www.moneyweb.co.za/news/south-africa/court-decision-opens-the-way-for-consumers-to-get-billions-in-fees-back/

Judgment is damning for credit providers. Class action suit to follow.

15/04/2019

https://www.businessinsider.co.za/volkswagen-fees-refund-2019-4

Volkswagen Financial Services SA has been ordered to pay back fees it has been levying on sale contracts since 2007.

07/03/2019

From 1st April 2019, the monetary jurisdiction of the small claims court will be up to R20 000.00. Institution of action in the Magistrates Court for sum of money which falls within the jurisdiction of a small claims court might result in the Plaintiff not being awarded costs of the suit.

06/03/2019

Supreme Court of Appeal

19/12/2018

BusinessTech

High court rules private citizens can fix roads – then charge government for it
Staff Writer13 March 2017

A recent High Court decision has likely set a new precedent that could allow for private citizens and bodies to perform basic service delivery functions with taxpayers’ money.

In the judgement, the Eastern Cape High Court ordered the provincial Roads Department to reimburse farmers who carry out maintenance themselves, subject to strict conditions including giving the department 30 days notice of the repairs and obtaining at least two independent quotes.

At the time of the judgement, president of Agri Eastern Cape, Douglas Steyn, told the Eastern Cape paper, Dispatch that the ruling would likely to have far-reaching consequences around the country as other farmers and civil society groups will follow suit.

This was confirmed by civil group Afriforum, who noted that it has subsequently begun using similar legal means to provide basic service delivery functions around the country.

Speaking in the 12 March edition of the Rapport, head of AfriForum’s local governance division, Marcus Pawson, noted that it had not only been reimbursed for roads but other basic services such as the removal of trees, and the replacement of water pumps.

The Rapport also noted that Pawson and Afriforum announced plans to use the judgment to set precedent in other provincial jurisdictions so that people would not have to be reimbursed on a case by case basis but could then implement the fixes using specific legal guidelines.

24/05/2018

Weekly Update - 23 May 2018
Lead Story
USA Supreme Court deals blow to workers' joint legal action as it rules companies can bar employees from filing class action lawsuits
California Employment Law Report; The Hill; Politico
In a 5:4 ruling, Republican majority sides with businesses whose employment contracts include mandatory arbitration clauses preventing class actions
Ruling could strengthen legal arguments that employment contracts imposing mandatory arbitration on complaints of any kind do not violate constitutional rights
Advocates denounce ruling, arguing mandatory arbitration makes it harder to sue employers for lost wages or sexual harassment, in blow to movement

Copyright © 2018 Business & Human Rights Resource Centre, All rights reserved.

Advancing the rights of migrant workers throughout the Middle East.

24/05/2018

09/03/2018

27/01/2018

SOUTH AFRICA
The taxman goes to church
26 January 2018 - 16:18
BY ERNEST MABUZA

The South African Revenue Service (SARS) will investigate religious institutions for possible tax non-compliance.

In July last year‚ the Commission for the Promotion and Protection of the Rights of Cultural‚ Religious and Linguistic Communities released its final report on the commercialisation of religion and abuse of people’s belief systems.

Among its recommendations was that SARS should conduct an in-depth investigation into tax evasion by religious practitioners and that this should be done in partnership with the commission.

SARS said on Friday that the decision followed its own preliminary investigation and its meeting with the commission.

It said there were also reports suggesting that certain religious organisations and leaders were not in compliance with tax laws‚ and might be enriching themselves under the guise of altruism and philanthropy.

But a number of religious organisations are complying with their tax obligations‚ the revenue service said.

It said religious institutions may apply to SARS to be exempted from the payment of Income tax and certain other taxes. But there are a number of specific criteria that have to be complied with.

Churches should conduct activities in a nonprofit manner and no activity should promote the economic self-interest of any person.

Another criterion is that religious institutions are prohibited from distributing funds to any person other than in performing their religious activity.

SARS said it was also concerned that taxes on trading activities that were unrelated to religious activities‚ as well as Pay As You Earn on remuneration and other benefits were‚ not being paid.

SARS said it would reach out to the commission and faith community to raise awareness about the tax obligations of religious

All material copyright TimesLIVE. @ 2017 TimesLIVE. All rights reserved.

25/01/2018

UPDATE: Court orders Brian Molefe to 'pay back the money'
SOUTH AFRICA25 January 2018

CAPE TOWN - The High Court in Pretoria on Thursday ordered Brian Molefe to pay back the R11-million he had received as part of his pension payout from Eskom.

The court ruled that the allegations against Molefe contained in the then public protector’s State of Capture report were the reasons for his resignation.

The court declared that the allegations were highly relevant to Molefe’s suitability for reinstatement and were a dead weight that he must carry until he is cleared.

The court unanimously found that Molefe resigned, his declaration that he did not resign was not true, he was never entitled to pension money. The money he had already received with regards to pension must be paid back in 10 days, and the claim of early retirement that he publicly made was false and deceitful.

eNCA's Karyn Maughan said, "The court has made it very very clear that this conjecture that we have from a number of people, including President Jacob Zuma himself in his State Capture review, that the public protector’s report were simple observation, and that there is no serious damning finding against him, has been completely undermined by this judgment. It is going to send seismic weight throughout the landscape as it goes ahead.

"The order granted by the court was that the decision taken by the board of Eskom in November 2016 to accept Mr Molefe's early retirement is reviewed and set aside.

"The decision made by the minister to reinstate Molefe at Eskom is set aside.

"It is declared that any payment received by Molefe under any pension payment by Eskom is set aside and Mr Molefe is ordered to pay such amount within 10 days after this order .

"In addition to the amount that he has to pay back, he has to pay in the region of R2-million for legal costs. He also faces a very real action of criminal prosecution as well."

The court was ruling on the R30-million he had been allocated from Eskom's pension fund, a portion of which he had already received.

The amount was paid out to Molefe in late 2016 when he left the power utility after the then Public Protector Thuli Madonsela implicated him in suspicious dealings between Eskom and the politically-connected Gupta family.

On Wednesday, Solidarity said that it had approached the High Court on November 29, 2017, to declare as unlawful the controversial pension award of around R30-million granted to him and the sum of more than R10-million already paid out to Molefe.

Anton van der Bijl, head of Solidarity’s Centre for Fair Labour Practices, said the trade union wanted to see justice prevail and that Molefe pay back all pension payout made to him and benefits granted to him.

“Molefe acted unlawfully and in no way within the framework of Eskom’s pension and provident fund, and that is why it would please us if the court rules tomorrow that Molefe is to be held liable for it in his personal capacity,” Van der Bijl said.

Molefe had opposed the application, insisted that he never resigned and that hat if his pension was revoked, he should be reinstated as Eskom CEO.

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