Emeritus Professor Richard Jooste

Emeritus Professor

BA BCom (Hons)(Taxation) LLB Cape Town
Diploma in Comparative Legal Studies 
LLM Cantab
Attorney of the High Court of South Africa

Research interests

Company law; taxation; trusts.

Teaching

  • Company Law (LLB)
  • Revenue Law (LLB)
  • Trusts and Estate Planning (LLB)

Publications

Books and Journals

  • "Commentary on the Companies Act" with MS Blackman and GK Everingham (Juta) (2003). (Loose-leaf publication which Richard updated in 2004. In 2005 & 2006 he was the major contributor to the updates in those years)
  • "The Law of Insolvency in South Africa" (7th edition) (1980) (with D.F. Waters) (Juta).
  • "Estate Planning" (Co-authored with D. Davis and C Beneke) Butterworths. (Loose-leaf updated twice a year. Richard is the major contributor to the updates.)
  • "Graded Tutorials on Auditing" by Bourne, Clayton, Jooste, Minter and Puttick (Juta) 436 pages. (Responsible for the questions dealing with the legal aspects).
  • "Tax Alert" (Co-author with C.Beneke. This is a monthly up-date on revenue law developments published by Butterworths.)
  • "Income Tax Reporter" (Butterworths) (Co-editor with Professor Lindsay Mitchell, Michael Stein and Jonathan Silke; 8 contributions per year on case law developments.)
  • "Juta's Quarterly Review". (Company and close corporation law contributor: four contributions per year.)

Chapter in book

  • "Business Entities" in D. Coller-Reed & K. Lehman, Basic Principles of Business Law, LexisNexis Butterworths, 2006.

Articles

  • (1978) Businessman's Law No. 1 Vol.8: "Loans to Directors - II"
  • (1978) Businessman's Law No. 8 Vol.7: "Loans to Directors"
  • (1980) Businessman's Law No. 4 Vol.9: "Disclosure of Directors Emoluments"
  • (1981) Businessman's Law No. 4 Vol.10: "Directors' interests in Contracts - I"
  • (1981) Businessman's Law No. 5 Vol.10: "Directors' interests in Contracts - II"
  • (1987) 26 Income Tax Reporter 9: "Share Incentive Schemes"
  • (1987) 26 Income Tax Reporter 57: "Nomination contracts and tripartite agreements - the transfer duty implications"
  • (1987) 26 Income Tax Reporter 100: "The effects of proposed intestacy law"
  • (1987) 26 Income Tax Reporter 126: "Is a trust taxable?"
  • (1987) 26 Income Tax Reporter 172: "Farming - an objective or subjective test?"
  • (1987) 26 Income Tax Reporter 175: "The taxability of trusts - further issues"
  • (1987) 26 Income Tax Reporter 191: "The Margo Report"
  • (1987) 26 Income Tax Reporter 323: "Compromises and assessed losses"
  • (1987) Tax Planning Vol No.1 p.17: "Estate planning - can prescription help?"
  • (1988) Businessman's Law No. 7 Vol.17: "Schemes of Arrangements: The Supreme Court is Divided"
  • (1988) 27 Income Tax Reporter 5: "Massing of estates -recent developments"
  • (1988) 27 Income Tax Reporter 54: "More on the taxation of share-incentive trusts"
  • (1988) 27 Income Tax Reporter 141: "Compromises - WLD & CPD v D & CLD"
  • (1988) 27 Income Tax Reporter 218: "The Deductibility of Interest on Loans to Acquire Shares"
  • (1988) 27 Income Tax Reporter 226: "Interest on Refunds - an Anomaly Exposed"
  • (1988) 27 Income Tax Reporter 260: "Capital Transfer Tax - what to expect"
  • (1989) Businessman's Law No. 5 Vol.18: "Schemes of Arrangement - an answer to the problem?"
  • (1989) De Ratione Vol 3 No.2 p.9: "Material Irregularities & the Auditor's Report". (with T. Dunne & P. Smith)
  • (1989) 28 Income Tax Reporter 7: "Schemes of Arrangement - a new development"
  • (1989) 28 Income Tax Reporter 60: "The Tax Implications of Unlawful Payments"
  • (1989) 28 Income Tax Reporter 88: "Good news regarding share-incentive schemes"
  • (1989) 28 Income Tax Reporter 149: "Dividend stripping involving redeemable preference shares"
  • (1989) 28 Income Tax Reporter 154: "An interpretation of section 24B"
  • (1989) South African Law Jnl 292: "Causation and the Concomitant issue of Apportionment with reference to gross income in South African Income-Tax Law" (with T. Emslie).
  • (1989) South African Law Jnl 503: "When do pre-incorporation contracts have retrospective effect?"
  • (1990) Businessman's Law Vol.20 Part 3: "Loans to company directors"
  • (1990) De Ratione Vol 4 No.1 p.21-28: "Insider dealing in South Africa - the criminal aspects"
  • (1990) De Ratione Vol 4 No.1 p.29-33: "Insider dealing in South Africa - the civil aspects"
  • (1990) South African Law Jrnl 588: "Insider dealing in South Africa"
  • (1991) Businessman's Law Vol.20 Part 8: "Insider trading"
  • (1991) De Ratione Vol 5 No.1 p.3-10: "Pre-incorporation Contracts Revisited" (with C. Koornhof)
  • (1991) South African Law Jrnl 414: "Capital, Revenue and Trading Stock - foundations shaken"
  • (1991) Tax Planning Vol No.3 p.53: "Trusts and Tax Avoidance"
  • (1993) South African Law Jrnl 212: "The role of profit-motive in the capital/revenue inquiry".
  • (1993) Tax Planning Vol 7 No 2 p.26: "Planning for the disposal of an asset"
  • (1993) Tax Planning Vol No 4 91: "Rentals to interest".
  • (1993) Tax Planning Vol 7 No 6 122: "Fiscal motive and the concept of trade".
  • (1994) De Ratione Vol 7 No 2 5-23: "A critical analysis of the new definition of the holding subsidiary relationship" (with G.K. Everingham).
  • (1994) South African Law Jrnl 473: "Gremlins in the Carbon Developments Judgment"
  • (1995) Acta Juridica 56: "Compromises - preserving the assessed loss" (with K.Getz)
  • (1995) Acta Juridica 241: "The Lease Premium Concept in South African Tax Law" (with S.Brownlie)
  • (1997) Finance Week May 22 : "King too soft on Directors" Vol 73 No 8 p20
  • (1997) The South African Law Jnl 65: "A Critique of the Recommendations in the King Report regarding a Director's Duty of Care & Skill" (with D Botha)
  • (1999) The South African Law Jnl: "A Glaring Loophole Persists in the Definition of a Subsidiary Company" (Accepted and to be published August 1999).
  • (2000) The South African Law Jnl 283:"The Regulation of Insider Trading in South Africa - Another Attempt"
  • (2000) South African Mercantile Law Jnl 269:"Loans to Directors - An Analysis of S226 of the Companies Act".
  • (2001) 15 Tax Planning 55 : "Shifting foreign income"
  • (2001) South African Law Jnl 473: "The Imputation of Income of Controlled Foreign Entities"
  • (2002) Acta Juridica 86: "The capital gains tax implications of the disposal of limited interests in property" (with J Roeleveld)
  • (2002) Acta Juridica 186: "Offshore trusts and foreign income - the specific anti-avoidance provisions"
  • (2004) South African Law Jnl 735: The Donations Tax and Estate Duty Implications of Section 56(1)(d) of the Income Tax Act"
  • (2005) South African Law Jnl 66: "A warning to everyone who deals with a trust"
  • (2005) South African Law Jnl 294: "Can share capital be reduced other than by way of a buy-back?"
  • (2006) South African Law Jnl 437: "A critique of the insider trading provisions of the 2004 Securities Services Act"
  • (2006) South African Law Jnl 563: "The spectre of indeterminate liability raises its head"
  • (2006) Tax Planning 33: "A tale of two ministers"
  • (2006) Tax Planning 91: "Tainted share capital"
  • (2006) Tax Planning 14: "The dangers of STC"