
Asset forfeiture and unlawful money schemes
Fraud victims have two distinct remedies: criminal-law-driven asset forfeiture via the Prevention of Organised Crime Act and civil liquidation proceedings under the Companies Act.

Fraud victims have two distinct remedies: criminal-law-driven asset forfeiture via the Prevention of Organised Crime Act and civil liquidation proceedings under the Companies Act.

A proposed amendment to the Income Tax Act will tax unit trust investors on capital distributions before disposals, without any base cost offset.

Proposed amendments could undermine the tax-efficient compounding that makes a collective investment scheme an attractive investment vehicle.

The proposal restricts the ‘bona fide inadvertent error’ defence under the understatement penalty regime to cases where the tax shortfall is a ‘substantial understatement’.

COFI replaces the registration model with a conduct-focused licensing regime for retirement funds – a step that will raise governance, fit-and-proper checks and public disclosure requirements across the sector.

The proposed changes limit employees earning over R1.8m a year to compensation – capped at their annual salary – for unfair dismissal claims.

Synchronising employment agreements with the rules of occupational retirement funds promotes legal certainty, secures employee benefits, and smooths succession planning.

Financial institutions that proactively embed governance, technology, and culture to meet evolving regulatory standards will not only avoid penalties but also strengthen credibility, build resilience, and drive long term value.

Clients with UBOs in sanctioned areas face enhanced risk, potentially triggering relationship termination and strict regulatory measures.

The Guidance Note reflects significant amendments relating to an accountable institution’s RMCP.

A recent amendment means members of private or public companies who fail to prevent their ‘associates’ from participating in corruption will face liability.

All stakeholders emphasise the need to finalise the amendments to the Income Tax Act and the Pension Funds Act.