Carbon tax

Business and human rights: An emerging sector in South Africa and new offering at CDH

Human rights encompass a range of civil, political, social, cultural, and environmental rights. Business and human rights (BHR) has gained significant traction and concern globally due to the corporate responsibility it places on businesses to comply with human rights obligations and standards during their business operations and engagements.

Small town Regional Court ruling has big-time environmental liability consequences for a company director

The long-standing yet seldomly relied upon director liability provision – section 34(7) in the National Environmental Management Act 107 of 1998 (NEMA) – finally bared its substantial teeth in a court order that was handed down by Magistrate RM Nkuna on 21 September 2023 in the Phalaborwa Regional Court against Southern Sky Hotel and Leisure (Pty) Ltd (Southern Sky), the previous owner of the Hans Merensky Hotel, Golf and Spa and its sole director, Shamira Rinderknecht (Rinderknecht).

Light on the Horizon: Following subdued M&A activity in 2023

David Pinnock, Director in the Corporate & Commercial practice was featured in the JSE Magazine where he discussed Light on the Horizon: Following subdued M&A activity in 2023, there's cause for cautious optimism for the year ahead.

Joint ventures: To incorporate or not?

Once business partners have agreed on a joint venture (JV) as a suitable business structure, one of the initial considerations is often whether or not the JV should be incorporated. Making this decision will depend on myriad factors ranging from formation, financing, ownership of assets, regulatory, taxes, commercial considerations to dissolution.

The issue of procedural rights and settlement agreements in the adjudication of the defence of fraud against the enforcement of a performance guarantee

The parties to a construction contract often agree to the conclusion of separate financial arrangements with third parties for the purposes of ensuring financial security and project success. Where such an agreement is in place, the contractor procures an undertaking furnished by a guarantor, who is an authorised financial services provider, to pay a specified amount to the employer where the contractor (or subcontractor) fails to perform in terms of the contract. This undertaking is known as a performance guarantee.

Another draft Employment Equity economic sector targets: Have comments been considered?