De Jure最新文献

{"title":"An analysis of the statutory measures adopted to curb tax evasion in Nigeria after the COVID-19 pandemic","authors":"O. Animashaun, Howard Chitimira","doi":"10.17159/2225-7160/2023/v56a11","DOIUrl":"https://doi.org/10.17159/2225-7160/2023/v56a11","url":null,"abstract":"The damage caused by the coronavirus disease (COVID-19) pandemic to the fragile Nigerian economy is incalculable. The Nigerian economy was further weakened by the corruption of government officials involving the palliative measures put in place to provide financial relief to companies and individuals affected by the COVID-19 pandemic. Since the Nigerian economy relies mostly on crude oil revenue, its focus on tax is less emphasised and tax evasion is pervasive. Consequently, the Nigerian tax on gross domestic product (GDP) is only about 6 per cent. This article examines the adequacy of the legal and/or statutory measures aimed at curbing tax evasion in Nigeria. The post-COVID-19 revenue shortfall has made the Nigerian federal and state governments raise the existing taxes, introduce new taxes, and adopt more aggressive tax collection methods. Consequently, taxpayers now use tax exemptions and incentives as devices for tax evasion. Moreover, there is rampant non-remittance of tax proceeds by government ministries, departments, and agencies to the tax authorities. Thus, despite the introduction of various laws, policies, and directives to curb tax evasion, especially after the COVID-19 pandemic, tax evasion challenges still persist. Accordingly, it is submitted that good governance, integrity, and transparency in handling public funds are required to reduce and combat tax evasion in Nigeria.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90851618","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Revisiting the no reflective loss principle under the South African company law regulation: A reflective assessment through the lens of Hlumisa Investment Holdings RRF) Ltd v Kirkinis 2020 3 All SA 650 (SCA)","authors":"Justice Mudzamiri","doi":"10.17159/2225-7160/2023/v56a12","DOIUrl":"https://doi.org/10.17159/2225-7160/2023/v56a12","url":null,"abstract":"One of the central concepts in company law is that a company is a juristic person with a separate legal personality. Several consequences flow from the doctrine of separate legal personality, among other things, that a company owns its property and assets and may sue or be sued in its name. Therefore, shareholders do not have a direct right of action for a company's loss. The company itself should institute such a claim save for certain exceptional circumstances like derivative actions. Both the High Court (court a quo) and the Supreme Court of Appeal in Hlumisa Investment Holdings (RF) Ltd v Kirkinis (the Hlumisa case) confirmed that shareholders cannot claim diminution of share value that is linked to the misconduct of company directors and auditors. This article concurs with the court a quo and the Supreme Court of Appeal's interpretations that as a general rule, directors owe fiduciary duty only to the company and that shareholders cannot rely on a claim for reflective loss in company law. This article assesses the proper plaintiff and reflective loss rules against the backdrop of the Hlumisa case.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"44 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89821040","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"NCA Plant Hire CC v Blackfíeld Group Holdings (Pty) Limited [2021] JOL 51810 (GJ) Some critical observations on the legal effect of a provisional winding-up order","authors":"A. Boraine, Wjc Swart","doi":"10.17159/2225-7160/2023/v56a9","DOIUrl":"https://doi.org/10.17159/2225-7160/2023/v56a9","url":null,"abstract":"The facts and judgment in NCA Plant Hire CC v Blackfield Group Holdings (Pty) Limited [2021] JOL 51810 (GJ) raises some interesting questions in relation to the legal effect of a provisional winding-up order on the power and authority of the board of a company to conclude agreements on behalf of the company after such an order is made. A company is a separate juristic person from the date of its registration in terms of the Companies Act 71 of 2008 (the 2008 Companies Act) (s 19). Unless its capacity to do so is restricted in its Memorandum of Incorporation, a company has the capacity to enter into all agreements to which a juristic person can be a party (s 19 read with s 20 of the 2008 Companies Act; see also the commentary of Delport et al on s 19 in Henochsberg on the Companies Act 71 of 2008 (May 2022 - SI 28)). The power to manage the business and affairs of a company vests in the board of directors (s 66 of the 2008 Companies Act). Because a company cannot act by itself it must be represented by its board or a duly authorised agent in agreements that bind the company. Consideration will be given in this case note specifically to the legal status of agreements concluded by a company represented by its board in the time between the granting of a provisional winding-up order and prior to the appointment of a liquidator. One of the implications of the judgment in NCA Plant Hire CC v Blackfield Group Holdings is that the board has the authority to enter into an agreement to settle the claim of one of the company's creditors after a provisional winding-up order is granted, but prior to the appointment of a provisional liquidator. In short, the court found that because the creditor who brought the application for the provisional winding-up of the company is dominus litis such creditor may enter a settlement agreement, which may include a condition that the provisional liquidation order be discharged, with the company in provisional liquidation. The approach of the court, in this case, is evaluated against the general legal principles applicable, namely the power of the board to manage the business and affairs of a company, the legal effect of a provisional winding-up order, and the concursus creditorum which begins as from the moment of liquidation but effectively backdated to the date of the filing of the application of liquidation by the Registrar of the High Court (s 348 of the 1973 Companies Act).","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88831051","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Small companies and regulatory tiering: a legal and economic analysis of Zambia's new regime","authors":"Christopher Phiri","doi":"10.17159/2225-7160/2023/v56a8","DOIUrl":"https://doi.org/10.17159/2225-7160/2023/v56a8","url":null,"abstract":"In 2017, Zambia adopted a new Companies Act. The main purpose of the new Act is to promote the development of Zambia's economy through efficient regulation of companies. This article focuses on the small companies regime that the new Act introduces. More specifically, the article explores the extent to which the new small companies regime is fit for purpose by conducting a comparative analysis of that regime with the United Kingdom's (UK's) small companies regime in light of relevant literature, particularly literature in the field of regulatory economics. Overall, the analysis suggests that Zambia's small companies regime is largely inapt to achieving its intended purpose. The article's main argument in this connection is threefold. First, the new Act is somewhat at odds with its intended purpose insofar as it requires small companies to appoint a secretary. Exempting small companies from this requirement, as does the UK Companies Act of 2006, could better serve the purpose of the new Act. Second, whilst the exemption of small companies from the requirement to appoint auditors may be desirable, the 50 per cent shareholding threshold required for shareholders to demand an audit could inhibit controlling shareholder accountability and thus undermine the purpose of the new Act. A lower threshold such as the one applicable under the UK Companies Act, that is to say, ten per cent, could better serve the purpose of the new Act. Third, the lack of any special treatment for small companies as such vis-à-vis bookkeeping and financial reporting requirements could undermine the purpose of the new Act. Imposing lighter bookkeeping and financial reporting requirements on small companies, as does the UK Companies Act, could better serve the purpose of the new Act.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73452301","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Online deceptive advertising and consumer protection in South Africa - The law and its shortcomings?","authors":"Y. Mupangavanhu, Dominique Kerchhoff","doi":"10.17159/2225-7160/2023/v56a7","DOIUrl":"https://doi.org/10.17159/2225-7160/2023/v56a7","url":null,"abstract":"E-commerce and e-marketing has grown significantly over the past few years. More businesses are moving away from original forms of marketing tools such as newspapers, magazines, billboards and televisions and instead prefer online platforms such as social media. The article focuses on false, misleading and deceptive online marketing representations. It examines the legislative framework that seeks to protect online consumers in South Africa in terms of the Electronic Communications and Transactions Act 25 of 2002 (ECTA), the Consumer Protection Act 68 of 2008 (CPA) as well as the Social Media Code1 of the Advertising Regulatory Board (ARB). It is recommended that although a consolidated statute that makes provision for both offline and online consumers would be ideal, the current provisions in ECTA could also be reviewed to ensure that they are in line with the new developments in marketing trends such as influencer marketing. The Social Code of the ARB is also important to complement ECTA and the CPA, as well as to promote the overall protection of consumers in South Africa.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"33 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79206565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Principle of Official Beginning in the Administrative Process from 1879 to 1886","authors":"","doi":"10.54664/uftn7613","DOIUrl":"https://doi.org/10.54664/uftn7613","url":null,"abstract":"","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81088391","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Municipal Council Acts Not Subject to Control","authors":"","doi":"10.54664/mbpq9486","DOIUrl":"https://doi.org/10.54664/mbpq9486","url":null,"abstract":"","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"75 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83807799","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"On Certain Questions about the Public Prosecutor’s Authority Beyond Criminal Proceedings","authors":"","doi":"10.54664/onvf6215","DOIUrl":"https://doi.org/10.54664/onvf6215","url":null,"abstract":"","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84175134","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"On the Objects of Parliamentary Control","authors":"","doi":"10.54664/hpqz2087","DOIUrl":"https://doi.org/10.54664/hpqz2087","url":null,"abstract":"","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84926372","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Immunity in European Union Law","authors":"","doi":"10.54664/ochc4239","DOIUrl":"https://doi.org/10.54664/ochc4239","url":null,"abstract":"","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75134953","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}