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While the clock ticks by…The SCA deals with the factors when considering the granting of condonation under the promotion of Administrative Justice Act
26 September 2018 Dispute Resolution

While the clock ticks by…The SCA deals with the factors when considering the granting of condonation under the promotion of Administrative Justice Act

It would be wise to carefully consider all aspects of a matter before challenging an adverse decision made by an organ of state. However, such consideration should occur while being ever mindful of the clock that ticks by in terms of s7(1) of the Promotion of Administrative Justice Act, No 3 of 2000 (PAJA).

Arbitration awards: severing the good from the bad
26 September 2018 Dispute Resolution

Arbitration awards: severing the good from the bad

Even though the legal principles that govern the circumstances in which a court can set aside an arbitration award are reasonably clear, the court in Palabora Copper (Pty) Ltd v Motlokwa Transport and Construction (Pty) Ltd [2018] 2 All SA 660 (SCA) readily accepted that their application in any particular instance may be problematic. In this matter, the court had to determine whether a finding of gross irregularity in the conduct of the arbitration proceedings necessarily results in the entire award being set aside, or whether there is scope for the court to preserve and enforce the ‘good’ part of the award and set aside the ‘bad’.

Racism in the workplace: A struggle over a struggle song
25 September 2018 Employment

Racism in the workplace: A struggle over a struggle song

In a judgment handed down by the Constitutional Court on 13 September 2018, in the case of Duncanmec (Pty) Limited v Gaylard N.O. and Others [2018] ZACC 29, the court was faced with the question as to whether employees who sang a racially offensive struggle song during a peaceful strike should be dismissed.

Black, white and different shades of grey
25 September 2018 Employment

Black, white and different shades of grey

South Africa's history of apartheid and oppression continues to affect post-democratic society today. The workplace is not excluded from the list of institutions affected. Our courts have been called upon to deal with countless incidents involving racism and racial abuse in the workplace. In fact, the increasing number of these incidents has been noted by the Labour Court as a concern. In many cases, racism in the workplace has been held to constitute serious misconduct warranting dismissal.

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While the clock ticks by…The SCA deals with the factors when considering the granting of condonation under the promotion of Administrative Justice Act
26 September 2018 Dispute Resolution

While the clock ticks by…The SCA deals with the factors when considering the granting of condonation under the promotion of Administrative Justice Act

It would be wise to carefully consider all aspects of a matter before challenging an adverse decision made by an organ of state. However, such consideration should occur while being ever mindful of the clock that ticks by in terms of s7(1) of the Promotion of Administrative Justice Act, No 3 of 2000 (PAJA).

Arbitration awards: severing the good from the bad
26 September 2018 Dispute Resolution

Arbitration awards: severing the good from the bad

Even though the legal principles that govern the circumstances in which a court can set aside an arbitration award are reasonably clear, the court in Palabora Copper (Pty) Ltd v Motlokwa Transport and Construction (Pty) Ltd [2018] 2 All SA 660 (SCA) readily accepted that their application in any particular instance may be problematic. In this matter, the court had to determine whether a finding of gross irregularity in the conduct of the arbitration proceedings necessarily results in the entire award being set aside, or whether there is scope for the court to preserve and enforce the ‘good’ part of the award and set aside the ‘bad’.

Racism in the workplace: A struggle over a struggle song
25 September 2018 Employment

Racism in the workplace: A struggle over a struggle song

In a judgment handed down by the Constitutional Court on 13 September 2018, in the case of Duncanmec (Pty) Limited v Gaylard N.O. and Others [2018] ZACC 29, the court was faced with the question as to whether employees who sang a racially offensive struggle song during a peaceful strike should be dismissed.

VAT on commercial and residential accommodation: Lodging, leasing or renting?
21 September 2018 Tax & Exchange Control

VAT on commercial and residential accommodation: Lodging, leasing or renting?

The Value-Added Tax Act, No 89 of 1991 (VAT Act) contemplates the supply of two types of residential accommodation, ie the supply of “commercial accommodation” and “dwellings”. The distinction between commercial accommodation and a dwelling is essential, because the supply of commercial accommodation is subject to VAT at the standard rate, whereas the letting and hiring of a dwelling is exempt from VAT. In addition, where commercial accommodation is supplied together with domestic goods or services (furniture, water, electricity cleaning, maintenance, etc.) for periods longer than 28 days for an all-inclusive charge, VAT is only payable on 60% of such charge. It is unfortunately not always clear as to whether the accommodation provided comprises “commercial accommodation” or “dwellings”.

Mining Charter III approved by Cabinet
21 September 2018 Mining & Minerals

Mining Charter III approved by Cabinet

On Wednesday, 19 September, Cabinet approved the long-delayed Mining Charter III and also approved the withdrawal of the Mineral and Petroleum Resources Development Amendment Bill which has been subject to the legislative process since 2013.

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Black, white and different shades of grey
25 September 2018 Employment

Black, white and different shades of grey

South Africa's history of apartheid and oppression continues to affect post-democratic society today. The workplace is not excluded from the list of institutions affected. Our courts have been called upon to deal with countless incidents involving racism and racial abuse in the workplace. In fact, the increasing number of these incidents has been noted by the Labour Court as a concern. In many cases, racism in the workplace has been held to constitute serious misconduct warranting dismissal.

The future of underground coal gasification – Take two!
19 September 2018 Corporate & Commercial

The future of underground coal gasification – Take two!

In 2015 we published an article on underground coal gasification ("UCG") and its place within the regulatory framework under the Mineral and Petroleum Resources Development Act, 2004 (as amended). Three years later it would appear that uncertainty of the regulatory place for UCG would continue with the announcement by the Minister of Mineral Resources that the Mineral and Petroleum Resources Development Amendment Bill, 2014 ("MPRDA Amendment Bill") will be withdrawn.

If 'South Africa is open for Business', then why are we putting up roadblocks for mining investors?
18 September 2018 Corporate & Commercial

If 'South Africa is open for Business', then why are we putting up roadblocks for mining investors?

Until the election of Cyril Ramaphosa as the new leader of the ANC at its December 2017 conference, the clarion call by Government that "South Africa is open for Business" was becoming decidedly hackneyed and hollow. The election of Ramaphosa added a fresh optimism and when the same call was made at the World Economic Forum in Davos in January, it was greeted with greater interest and far less scepticism than in the past.

Largest BEE deal in ICT sector drives transformation
17 September 2018 Corporate & Commercial

Largest BEE deal in ICT sector drives transformation

On 14 September 2018, Vodacom Group and YeboYethu completed a R16.4 billion BEE transaction – the biggest BEE deal in the ICT sector to date – in which Cliffe Dekker Hofmeyr (CDH) was privileged to have acted as lead legal advisor to both Vodacom and YeboYethu.

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Verushca Pillay discusses the Vodacom and YeboYethu BEE deal
21 September 2018 Corporate & Commercial

Verushca Pillay discusses the Vodacom and YeboYethu BEE deal

Verushca Pillay, Director in our Corporate & Commercial practice joined the Power Lunch Show on CNBC Africa to talk about the BEE transaction between Vodacom and YeboYethu. Over the last 10yrs, through the YeboYethu B-BBEE deal, more than 85 000 South Africans were empowered – an initiative we couldn’t be more proud to be a part of. This is the biggest BEE deal in the ICT sector to date – in which CDH was lead legal advisor to both Vodacom and YeboYethu.

Largest BEE deal in ICT sector drives transformtion
17 September 2018 Corporate & Commercial

Largest BEE deal in ICT sector drives transformtion

For 25 years, CDH has worked with Vodacom to change the lives of South Africans. Over the last 10 years, through the YeboYethu B-BBEE deal, more than 90,000 South Africans were empowered with shares on the JSE. We caught up with some of the shareholders to find out what this landmark deal means to them.

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New labour legislation passed by Parliament
17 September 2018 Employment

New labour legislation passed by Parliament

Shane Johnson, Professional Support Lawyer in our from Employment practice, joined Michael Avery on Classic FM to discuss the new labour legislation that has been passed by Parliament.