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Body corporate, release the certificate!
30 November 2021 Real Estate

Body corporate, release the certificate!

You purchase a property in a sale in execution and to obtain a levy clearance certificate, you are requested to pay, among other things, all outstanding amounts owing by the transferor to the body corporate. If you dispute the amount claimed by the body corporate, are you permitted to tender a form of security for payment of the outstanding amount and must the body corporate issue a levy clearance certificate pending finalisation of the dispute after transfer?

Labour Court declares the re-election of AMCU president unlawful
29 November 2021 Employment Law

Labour Court declares the re-election of AMCU president unlawful

A trade union is an association of employees who are its members and is defined as such in the Labour Relations Act 66 of 1995 (LRA). Speaking to this fundamental tenet of organised labour in Nkosikho Joni v Association on Mineworkers and Construction Union and Others, the Labour Court was tasked with the question of whether AMCU's president could assume that role despite not being an employee in a sector that the trade union represents.

Refusal to testify in an arbitration may result in a fair dismissal
29 November 2021 Employment Law

Refusal to testify in an arbitration may result in a fair dismissal

Employees have a duty to comply with the lawful and reasonable instructions of their employer. But would the failure to comply with an instruction to testify in an arbitration before the Commission for Conciliation, Mediation and Arbitration (CCMA) amount to insubordination and warrant dismissal? This is the question which the Labour Appeal Court (LAC) was required to decide in Kaefer Energy Projects (Pty) Ltd v CCMA and Others (LAC) (Case no: JA59/20), a judgment handed down on 26 October 2021.

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Body corporate, release the certificate!
30 November 2021 Real Estate

Body corporate, release the certificate!

You purchase a property in a sale in execution and to obtain a levy clearance certificate, you are requested to pay, among other things, all outstanding amounts owing by the transferor to the body corporate. If you dispute the amount claimed by the body corporate, are you permitted to tender a form of security for payment of the outstanding amount and must the body corporate issue a levy clearance certificate pending finalisation of the dispute after transfer?

Labour Court declares the re-election of AMCU president unlawful
29 November 2021 Employment Law

Labour Court declares the re-election of AMCU president unlawful

A trade union is an association of employees who are its members and is defined as such in the Labour Relations Act 66 of 1995 (LRA). Speaking to this fundamental tenet of organised labour in Nkosikho Joni v Association on Mineworkers and Construction Union and Others, the Labour Court was tasked with the question of whether AMCU's president could assume that role despite not being an employee in a sector that the trade union represents.

Refusal to testify in an arbitration may result in a fair dismissal
29 November 2021 Employment Law

Refusal to testify in an arbitration may result in a fair dismissal

Employees have a duty to comply with the lawful and reasonable instructions of their employer. But would the failure to comply with an instruction to testify in an arbitration before the Commission for Conciliation, Mediation and Arbitration (CCMA) amount to insubordination and warrant dismissal? This is the question which the Labour Appeal Court (LAC) was required to decide in Kaefer Energy Projects (Pty) Ltd v CCMA and Others (LAC) (Case no: JA59/20), a judgment handed down on 26 October 2021.

The SCA’s Nimble balancing of interests
26 November 2021 Pro Bono & Human Rights

The SCA’s Nimble balancing of interests

Although it has been carefully crafted, with the clear purpose of protecting and balancing the rights of the parties involved, the application of our eviction legislation is never easy.

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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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What is the legal process behind declaring a director delinquent
25 November 2021 Dispute Resolution

What is the legal process behind declaring a director delinquent

When a Business Rescue Practitioner approaches a business rescue, the root cause of the distress is often mismanagement. Getting a delinquent order against a director may be the first step in reclaiming value from the rescue. Jessica Osmond, Associate in our Dispute Resolution practice participated in a Turnaround Talk Round Table discussion on the topic: "Delinquent Directors. A legal quagmire awaits"

The legal landscape governing business rescue
25 November 2021 Dispute Resolution

The legal landscape governing business rescue

There are a lot of legal requirements and frameworks that govern business rescue. These have been highlighted in several high-profile matters that have received a lot of media attention. Jessica Osmond, Associate in our Dispute Resolution practice, participated in a Turnaround Talk Round Table discussion on the topic of " The legal landscape governing business rescue" to discuss further.

CDH’s Industrials, Manufacturing & Trade Sector
23 November 2021 Industrials & Manufacturing

CDH’s Industrials, Manufacturing & Trade Sector

CDH’s Industrials, Manufacturing & Trade Sector is strategically positioned to provide clients with support to navigate international, regional, and domestic policy, domestic regulatory and legal nuances to tap into the African market.

Legalities and laws surrounding home ownership in South Africa
19 October 2021 Dispute Resolution

Legalities and laws surrounding home ownership in South Africa

Nomlayo Mabhena, Associate in our Dispute Resolution practice appeared on Daily Thetha, an educational talk show on SABC 1 that explores youth issues, as well as issues of national importance. She formed part of a panel that discussed the legalities and laws surrounding home ownership in South Africa, especially when there are disputes involved. The episode focused on the notion of adequate shelter by looking at navigating home ownership as black South Africans.

The Cradock Four
2 August 2021 Dispute Resolution

The Cradock Four

Tim Fletcher, Head of our Dispute Resolution practice, joined eNCA to discuss the application in the Pretoria High Court to compel the National Prosecuting Authority to make a decision on whether it will prosecute those suspected of being behind the 1985 murder of the Cradock Four. CDH is acting on a pro bono basis for the family of Lukhanyo Calata, and others.

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Private power generation
18 November 2021 Corporate & Commercial

Private power generation

During the Midterm Budget Speech, Finance Minister Enoch Godongwana touched on the need for private power generation to alleviate power cuts. Andrew van Niekerk, Director in our Corporate & Commercial practice, and Head of our Projects & Infrastructure Sector unpacked the legal requirements that independent power producers would need to be mindful of when establishing private power generation.

Politics in an office context
17 November 2021 Employment Law

Politics in an office context

Whilst the local government elections have come and gone, the conversations regarding political parties are likely to linger on at the proverbial watercooler. Thabang Rapuleng, Director in our Employment Law practice discussed some of the boundaries to be mindful off in the workplace, with Smile FM.

Pandora Papers
12 November 2021 Tax & Exchange Control

Pandora Papers

Recently, 11,9 million financial records known as the Pandora Papers were leaked, revealing the offshore financial assets of many internationally well-known persons. Louis Botha, Senior Associate in our Tax & Exchange Control Practice delves into the matter, whilst providing a South African context. Click here (BITLY) to listen to his interview on Smile FM.

Women's employment rights in the new normal
8 November 2021 Employment Law

Women's employment rights in the new normal

The COVID-19 pandemic has put extraordinary pressure on employers and employees alike. In particular, the events of 2020 and 2021 disproportionately affected women's jobs because of existing gender inequalities and the dual responsibility of work and caregiving. Join Njeri Wagacha, Rizichi Kashero-Ondego and Tyler Hawi Ayah as they unpack the issues facing women's rights in the new normal from an employment perspective in Kenya

Njeri Wagacha talks to Jackwell Feris
8 November 2021 Dispute Resolution

Njeri Wagacha talks to Jackwell Feris

On this month’s podcast Njeri Wagacha talks to Jackwell Feris, Director in the Dispute Resolution practice and Head of the Industrials, Manufacturing & Trade Sector on re-thinking industrialization in Africa, the bottlenecks preventing the development of intra-Africa trade, the protocol on the free movement of people and the potential for Africa's self-determination as a result of the Africa Continental Free Trade Agreement.

AI in the agricultural sector
27 October 2021 Technology, Media & Telecommunications

AI in the agricultural sector

Artificial Intelligence (AI) has entrenched itself in our day-to-day workings and is fast becoming a necessity across various industries and sectors for efficient growth. Christoff Pienaar, Director and Practice Head of the Technology, Media, & Telecommunications Practice, joined Channel Africa to discuss the use of technology and, in particular the use of AI in the agricultural sector.