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Reserve Bank outlines plans to regulate crypto assets in South Africa
4 August 2022 Finance & Banking

Reserve Bank outlines plans to regulate crypto assets in South Africa

On 12 July 2022, the South African Reserve Bank (SARB) outlined plans to introduce a regulatory framework to govern crypto assets in South Africa. The introduction of the regulatory framework will follow a phased approach, with implementation anticipated within the next 12 to 18 months.

Can a director be incompetent and still not breach their fiduciary duties?
3 August 2022 Corporate & Commercial

Can a director be incompetent and still not breach their fiduciary duties?

In terms of South African company law, the directors of a company owe certain fiduciary duties to that company. These duties, though founded in the common law, are codified in the Companies Act 71 of 2008 (Companies Act), to include, inter alia, that a director must not use their position, or any information obtained while acting in the capacity of a director: (i) to gain an advantage for themselves, or for any person other than the company, or (ii) to knowingly cause harm to the company.

What does POPI mean for my business?
3 August 2022 Corporate & Commercial

What does POPI mean for my business?

The Protection of Personal Information Act 4 of 2013 (POPI) impacts any business which collects, stores, processes or disseminates personal information.

South Africa's medical cannabis industry
2 August 2022 Dispute Resolution

South Africa's medical cannabis industry

Shaad Vayej, Associate in the Dispute Resolution Practice joined Lotus FM to unpack South Africa's medical cannabis industry. He notes that in order for us to fully realise the opportunity this industry represents to the economy, a comprehensive, coherent and inclusive legal framework must be prioritised. He also discusses some of the major developments that have emerged recently in the local medical cannabis space

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Reserve Bank outlines plans to regulate crypto assets in South Africa
4 August 2022 Finance & Banking

Reserve Bank outlines plans to regulate crypto assets in South Africa

On 12 July 2022, the South African Reserve Bank (SARB) outlined plans to introduce a regulatory framework to govern crypto assets in South Africa. The introduction of the regulatory framework will follow a phased approach, with implementation anticipated within the next 12 to 18 months.

Can a director be incompetent and still not breach their fiduciary duties?
3 August 2022 Corporate & Commercial

Can a director be incompetent and still not breach their fiduciary duties?

In terms of South African company law, the directors of a company owe certain fiduciary duties to that company. These duties, though founded in the common law, are codified in the Companies Act 71 of 2008 (Companies Act), to include, inter alia, that a director must not use their position, or any information obtained while acting in the capacity of a director: (i) to gain an advantage for themselves, or for any person other than the company, or (ii) to knowingly cause harm to the company.

What does POPI mean for my business?
3 August 2022 Corporate & Commercial

What does POPI mean for my business?

The Protection of Personal Information Act 4 of 2013 (POPI) impacts any business which collects, stores, processes or disseminates personal information.

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Treasury to Implement an Unemployment Insurance Fund
23 March 2021 Employment Law

Treasury to Implement an Unemployment Insurance Fund

Widely reported last week is a plan by the Treasury to set up an Unemployment Insurance Fund (UIF), in order to assist the unemployed as a result of the COVID-19 pandemic. As reported, the plan seems rather simple; a 1% tax will be levied on employees and employers alike in order to fund the UIF and offer a monthly stipend to the unemployed, or those unable to work due to illness.

Labour and Employment Guide 2020
23 March 2021 Employment Law

Labour and Employment Guide 2020

Partner Desmond Odhiambo and Associate Peter Mutema recently contributed to the 2020 edition of Getting The Deal Through - Labour and Employment.

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Aadil Patel discusses the four day week
12 July 2022 Employment Law

Aadil Patel discusses the four day week

Whilst a four-day work week is attractive, South Africa needs to move to a productivity-based work model, in order to achieve success; this according to Aadil Patel, Director and Practice Head in our Employment Law practice, during his interview with Newzroom Afika.

Turnaround Talks | Unpacking the Comair saga
4 July 2022 Dispute Resolution

Turnaround Talks | Unpacking the Comair saga

Director and Head of our Business Rescue, Restructuring & Insolvency sector Tobie Jordaan, with Directors, Lucinde Rhoodie, Belinda Scriba, Roxanne Webster, and Associate Nseula Chilikhuma were panellists at a virtual round table discussion in collaboration with Turnaround Talks. The discussion unpacked the Comair saga and the lessons that can be learnt after it was placed under provisional liquidation by the South Gauteng High Court in Johannesburg.

High Court's decision to place Comair under provisional liquidation
20 June 2022 Dispute Resolution

High Court's decision to place Comair under provisional liquidation

"Are you going to see your money again?", Morning Live host Leanne Manas says that’s the question on everyone's mind following the High Court's decision to place Comair under provisional liquidation. Tobie Jordaan, Sector Head in our Business Rescue, Restructuring & Insolvency Sector, sat down with Morning Live to discuss the impact of the court's decision.

Comair under provisional liquidation
20 June 2022 Dispute Resolution

Comair under provisional liquidation

Following the High Court's decision to place Comair under provisional liquidation on 14 June 2022, Roxanne Webster, Director in our Business Rescue, Restructuring, & Insolvency Sector discussed the impact of this decision on travellers, with Newzroom Afrika.

Retrenchment due to not vaccinating
20 May 2022 Employment Law

Retrenchment due to not vaccinating

Hugo Pienaar, Director in our Employment Law practice, delved into a recent CCMA case where an employee, who refused to be vaccinated in terms of the employer's compulsory vaccination policy, was retrenched and forfeited their severance pay.

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South Africa's medical cannabis industry
2 August 2022 Dispute Resolution

South Africa's medical cannabis industry

Shaad Vayej, Associate in the Dispute Resolution Practice joined Lotus FM to unpack South Africa's medical cannabis industry. He notes that in order for us to fully realise the opportunity this industry represents to the economy, a comprehensive, coherent and inclusive legal framework must be prioritised. He also discusses some of the major developments that have emerged recently in the local medical cannabis space

Hydrogen energy
25 July 2022 Industrials, Manufacturing & Trade

Hydrogen energy

In March 2022, the Department of Science and Innovation published a hydrogen society roadmap. Jackwell Ferris, Director and Sector Head in our Industrials, Manufacturing & Trade sector unpacked the technicalities of a hydrogen economy in Africa.

Taxpayer confidentiality
22 July 2022 Tax & Exchange Control

Taxpayer confidentiality

Recent cases relating to taxpayer confidentiality, especially regarding public figures and taxpayers seeking confidentiality in the High Court, have raised some questions. Louis Botha, Senior Associate in our Tax & Exchange Control practice noted in his interview with Kaya FM that, proceedings in the tax court, which jurisdiction is limited, are automatically confidential. However, where a tax matter has to be heard by the High Court as it falls outside the Tax Court’s jurisdiction, the proceedings will only be confidential in special cases.

Be warned of the zero-tolerance stance of the employment of illegal foreign nationals
20 July 2022 Employment Law

Be warned of the zero-tolerance stance of the employment of illegal foreign nationals

CDH's Employment Law experts, Hedda Schensema and Taryn York, discuss the warning government has sent out to South African employers, in relation to the hiring of illegal foreign workers, during the recent global mobility conference, held by Xpatweb. During the conference, government announced that it is adopting a zero-tolerance stance on the hiring of illegal foreign workers in South Africa. The Department of Home Affairs is calling upon all employers to ensure that their expatriate staff are in possession of legally obtained work visas and have confirmed that it will be taking a ‘no-mercy’ stance in respect of employers who do not comply.

Union Representation: It's my union and I'll cry if I want to
18 July 2022 Employment Law

Union Representation: It's my union and I'll cry if I want to

Unions have extensive rights under South African law. The rights of a union to bargain was however in 2020 curtailed by the Constitutional Court when the court found that a union was restricted to organising within the scope of its constitution. But can a union represent its members in litigation processes? This is where the members are employed in an industry which falls outside the scope of the unions constitution. The Labour Appeal Court has recently considered this question which is discussed in this podcast

Repeal of Covid-19 regulations
18 July 2022 Employment Law

Repeal of Covid-19 regulations

The conversation regarding doing away with masks in the workplace, is an ongoing one. Tshepiso Rasetlola, Associate in our Employment Law practice discussed the responsibility of the employer in this regard, with Radio Helderberg.