To Tax or not To Tax? Questioning Customer Loyalty Programmes

by | Jan 19, 2021 | SAMLJ, SAMLJ V32 I1

To Tax or not To Tax? Questioning Customer Loyalty Programmes

Authors Sumarie Swanepoel & Teresa Pidduck

ISSN: 1996-2185
Affiliations: Senior lecturers in the Department of Taxation, University of Pretoria
Source: South African Mercantile Law Journal, Volume 32 Issue 1, 2020, p. 75 – 98

Abstract

South Africa, like many other countries, needs additional sources of tax revenues. Recent debate indicates that one potential source of revenue is the taxation of customer loyalty rewards in the hands of customers. The arguments for the taxation of these rewards have been put forward from a principled perspective and not from a legal basis. We argue that while the taxation of these rewards would increase tax revenue, legislative reform is required as there are strong arguments that the rewards are actually not taxable. We suggest tax reforms that attempt to provide certainty and equity in the treatment of such rewards as a whole in order to provide additional revenue for the fiscus.

An Overview of the First Draft of the Conduct of Financial Institutions Bill and the Potential Impact on the National Payment System in South Africa

by | Jan 19, 2021 | SAMLJ, SAMLJ V32 I1

An Overview of the First Draft of the Conduct of Financial Institutions Bill and the Potential Impact on the National Payment System in South Africa

Authors Lynette Visagie-Swart & Vivienne Lawack

ISSN: 1996-2185
Affiliations: Legal researcher, University of the Western Cape; Deputy Vice-Chancellor: Academic, University of the Western Cape
Source: South African Mercantile Law Journal, Volume 32 Issue 1, 2020, p. 129 – 155

Abstract

None

The Breakdown of the Trust Relationship Between Employer and Employee as a Ground of Dismissal: Interpreting the Labour Appeal Court’s Decision in Autozone

by | Jan 19, 2021 | SAMLJ, SAMLJ V32 I1

The Breakdown of the Trust Relationship Between Employer and Employee as a Ground of Dismissal: Interpreting the Labour Appeal Court’s Decision in Autozone

Authors CI Tshoose & R Letseku

ISSN: 1996-2185
Affiliations: Professor in Mercantile and Labour Law, University of Limpopo; Senior lecturer in Mercantile and Labour Law, University of Limpopo
Source: South African Mercantile Law Journal, Volume 32 Issue 1, 2020, p. 156 – 174

Abstract

None

Judicial Hostility Towards International Arbitration Disputes in South Africa: Case Reflections

by | Jan 19, 2021 | SAMLJ, SAMLJ V31 I3

Judicial Hostility Towards International Arbitration Disputes in South Africa: Case Reflections

Author R Baboolal-Frank

ISSN: 1996-2185 Affiliations: Senior lecturer in Procedural Law, University of Pretoria. Source: South African Mercantile Law Journal, Volume 31 Issue 3, 2019, p. 365 – 377

Abstract

The term judicial hostility in this context refers to the courts’ reluctance to enforce arbitration awards. Judicial hostility towards international arbitration had found its place in American courts as judges were reluctant to enforce the terms of an arbitration agreement that would subject the parties to the arbitration and subsequently bind them to an arbitration award. The judiciary pronounced on the dispute rather than making the arbitration award an order of the court. The court did not provide enforcement mechanisms or execution orders in respect of arbitration awards. However, judicial hostility decreased in America because of the amendment of the Federal Arbitration Act, which governed the enforcement of arbitral awards between parties. Judicial hostility had many facets in South Africa, from the judiciary taking away the force of arbitration awards by finding that the arbitration agreement was void to Hlophe JP not supporting arbitration forums. Despite this fact, the South African judiciary has overcome its hostility but the legislation that governs arbitration is outdated. The intention of the legislature was to ensure that the International Arbitration Bill was promulgated during 2016. This article critically discusses judicial hostility towards arbitration awards.