Applying for a business visa

In terms of section 15 of the Immigration Act,

(1) Subject to subsection (1A), a business visa may be issued by the Director-General to a foreigner intending to establish or invest in, or who has established or invested in, a business in the Republic in which he or she may be employed, and an appropriate visa for the duration of the business visa to the members of such foreigner’s immediate family provided that-

(a) such foreigner invests the prescribed financial or capital contribution in such business;

(b) the contribution referred to in paragraph (2) forms part of the intended book value of such business; and

(c) such foreigner has undertaken to –

(i) comply with any relevant registration requirement set out in any law administered by the South African Revenue Service; and

(ii) employ the prescribed percentage or number of citizens or permanent residents within a period of 12 months from the date of issue of the visa.

(1A)  No business visa may be issued or renewed in respect of any business undertaking which is listed as undesirable by the Minister from time to time in the Gazette, after consultation with the Minister responsible for trade and industry.

(2) The holder of a business visa may not conduct work other than work related to the business in respect of which the visa has been issued.

(3) The Director-General may reduce or waive the financial or capital contribution referred to in subsection (1)(a) for businesses which are prescribed to the in the national interest, or when so requested by the Department of Trade and Industry.

(4) The holder of a business visa shall submit proof to the satisfaction of the Director-General that he or she has fulfilled the requirements contemplated in subsection (1)(a) within 24 months of the issuance of the visa, and within every two years thereafter.

(5) A business visa may be issued to a foreigner for more than one entry if multiple entries into the Republic by that foreigner over a period of time are necessary for that foreigner to conduct the business in question effectively.

See the prescribed financial or capital contribution (R5 million) as well as details in respect of section 15(3). 

POPIA: time for a data protection health check

The Protection of Personal Information Act No. 4 of 2013 (“the Act”) came into force on 1 July 2021. The Act governs how companies handle the personal information of their customers, suppliers, and staff members. By that date, companies had to appoint and register an Information Officer and comply with the Information Regulator’s Codes of Conduct.  

 

If companies fail to comply with the Act, either intentionally or inadvertently, they could face an administrative fine of up to R10 million.

 

We strongly advise you to assess if your compliance measures are adequate and establish what (if any) improvements you can make. In short, consider a data protection health check.

 

Bregman Moodley Attorneys offers a comprehensive POPI tool to assist you in ensuring that you are compliant with the Act.

This tool will help you train your c-suite and staff to implement a suitable compliance framework. The training for the information officer, and staff, should be ongoing to ensure accountability in terms of the Act.

 

The tool provides a process for conducting personal information impact assessments and putting policies or procedures in place to deal with data subject access requests. It also generates a PAIA manual that considers the recent changes brought about by the latest regulations promulgated in terms of PAIA. The tool also enables the information officers to conduct a preliminary and annual risk assessment.

 

Transfer costs in a deceased estate

A client asked:

We own a property that is registered in both my wife’s and my name, meaning we have joint ownership on an equal basis.

What I’d like to obtain clarity on is, how are the property transfer fees calculated if the first dying leaves the property to the surviving spouse? Are transfer fees based on 50% of the property value, and if not, why not?

The deceased’s spouse’s half share must be transferred to the surviving spouse at the Deeds Office either by formal transfer (if married out of community of property) or by endorsement (if married in community of property), which is a less formal process.

There will be no transfer duty payable to SARS.

Attorney’s fees are based on the value of the property reflected in the Liquidation and Distribution Account, as follows:

• Marriage in community –  75% of the value
• Marriage out of community – 50% of the value

The deceased estate usually pays the attorney’s fees, but if there are no funds available, then the surviving spouse must pay the costs.