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In Environment

South Africa: Carbon tax – Impact on carbon-intensive businesses and the way forward

by , and 4 Mins Read

Carbon tax was introduced in 2019 to assist South Africa to deliver on commitments made in the Paris Agreement in 2015. This tax is expected to increase in the years ahead, and carbon-intensive businesses have spoken out about the negative impact of this tax on their bottom lines, especially as they continue to recover from the pandemic and invest in energy transition infrastructure. As the clean energy industry grows, so does the need for specific incentives or legislation to deal with certain spin-offs from the measures introduced to reduce exposure to carbon tax. As such, more policies that incentivize the reduction of carbon emissions and the transition to clean energy are likely to be announced in the coming years.

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South Africa: SARS can search and seize your property without a warrant

by 7 Mins Read

The Tax Administration Act in South Africa permits the warrantless search and seizure of a taxpayer’s property by the South African Revenue Service, which plays an essential role in ensuring that taxes are collected in an efficient and effective manner. However, this has been under scrutiny for many years due to its potential to infringe the right to privacy as enshrined in the South African Constitution. A recent case highlighted this matter and the circumstances under which such procedures may be carried out.

In Environment

EMEA EMI Talks Episode 2: Battery Storage

by and 2 Mins Read

As battery energy storage systems become increasingly crucial to grid resilience and a key driver in the race to achieving the Net Zero target by 2050, the case for energy companies to consider battery storage as a valuable addition to their sustainable investments portfolios is very strong.
In this episode we explore key challenges and opportunities when developing battery storage initiatives in EU markets, regulatory frameworks for battery storage investments and support schemes that make a significant difference to the success of an energy company’s projects.

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South Africa: Voluntary or voluntarily compulsory?

by and 9 Mins Read

This article, by Francis Mayebe, Candidate Attorney in the Tax Practice in Johannesburg and Virusha Subban, Head of the Johannesburg Tax Practice, looks at the criteria and guidelines for voluntary tax disclosure in South Africa. The article outlines a recent case, and analyses the meaning of “voluntary” within the context of the voluntary disclosure program in South Africa.

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Kenya: Country-by-country reporting thresholds introduced from 1 January 2023

by and 5 Mins Read

The Kenyan Government, in its latest Finance Act 2022, has enacted some key changes in the area of direct tax. This article, written by Francis Mayebe, Candidate Attorney in Johannesburg, and Virusha Subban, Partner and Head of the Johannesburg Tax Practice, highlights an important update on the country-by-country reporting threshold for multinational companies.

In ESG

EMEA EMI Talks

by and 2 Mins Read

Amidst a shift to a low-carbon economy, the EU Taxonomy is a mechanism aiming to accelerate the European energy transition. In our new podcast, EMEA EMI Talks, Andy Moody (Partner, London; Head of Disputes and Chair, EMEA Energy, Mining and Infrastructure Group) and William-James Kettlewell (Associate, Brussels; Member of the Baker McKenzie Energy Transition Group) explore the impact of the EU Taxonomy mechanism on businesses that are active in the energy and renewables sectors, as well as risks and opportunities in the energy, mining and infrastructure sector in EMEA.

In ESG

South Africa: Hydrogen Roadmap – a crucial step in the energy transition journey

by and 5 Mins Read

In February this year, the South African Hydrogen Society Roadmap was published by the South African government. This is the culmination of efforts spread over many years. As the country navigates its energy transition, the Roadmap is considered to be an important marker on its path towards implementing hydrogen development, which is envisaged to be at the centre of South Africa’s strategy for economic growth and mitigating climate change.

In Whistleblowing

South Africa: Gag agreements – Dishonest conduct will not see the light of day if employer consent is required

by 4 Mins Read

The settlement of employment disputes include, as standard practice, the addition of a confidentiality clause to settlement agreements. However, what happens when an employee breaches such an agreement by disclosing confidential information during legal proceedings or where the information pertains to wrongdoing by the employer? The Labor Appeal Court in South Africa recently considered this matter.

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