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Estates have the right to choose the best fibre network for the job
2 April 2019 Dispute Resolution

Estates have the right to choose the best fibre network for the job

Considering that fibre optic cables are able to carry much more data than copper cables, fibre-to-the-home has revolutionised consumers’ experience by providing fast, reliable and affordable connectivity for multiple applications, including internet, media streaming, downloading, etc. As in the case of any product on the market, competition drives prices down and residents in a residential estate should be able to choose their preferred fibre network providers, in addition to their respective service providers.

Victory for brothers in a long battle for citizenship
1 April 2019 Pro Bono & Human Rights

Victory for brothers in a long battle for citizenship

A precedent setting judgment was recently handed down on 15 March 2019 by the High Court of South Africa, Gauteng Division, Pretoria in the matter of Joseph Emmanuel Jose & Another v The Minister of Home Affairs & Others Case No: 38981/17 (Jose matter).

Quid pro quo in a strike context
1 April 2019 Employment

Quid pro quo in a strike context

In National Union of Mineworkers obo Members v Cullinan Diamond Mine A Division of Petra Diamond (Pty) Ltd (JS102/14) [2019] (handed down 1 March 2019) the Labour Court dealt with a referral in terms of s10(6)(a) of the Employment Equity Act, No 55 of 1998 (EEA) read with s10(4) of the Labour Relations Act, No 66 of 1995 (LRA). The applicant alleged that by paying a bonus to non-striking employees, the respondent has unfairly discriminated against the striking employees. Further, the applicant alleged that such conduct offends the provisions of s5 of the LRA.

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Beware of rigid and over-regulated disciplinary procedures
25 March 2019 Employment

Beware of rigid and over-regulated disciplinary procedures

Employers with rigid and over-regulated disciplinary procedures which form part of a collective agreement or employees’ terms and condition of employment, face the risk that non-compliance with these procedures may result in severe consequences including, disciplinary hearings being of no force or effect and/or a finding that they have waived their right to discipline employees.

Business rescue and the “costs” of an ulterior motive
20 March 2019 Business Rescue, Restructuring & Insolvency

Business rescue and the “costs” of an ulterior motive

It is trite that the purpose of business rescue proceedings is to rehabilitate companies that have fallen on hard times, with a hope of either rescuing them or to provide a better return to creditors than what they would receive on a liquidation. This was reiterated in the recent Supreme Court of Appeal (SCA) judgment of Van Staden and Others NNO v Pro-Wiz (Pty) Ltd (412/2018) [2019] ZASCA 7 (8 March 2019).

To be…or not to be (a legal practitioner)
20 March 2019 Dispute Resolution

To be…or not to be (a legal practitioner)

It was Jeremy Bentham who said, “The power of the lawyer is in the uncertainty of the law.” However, with the coming into effect of s24 and s26 of the Legal Practice Act, No 28 of 2014, (LPA) on 1 November 2018, aspiring legal practitioners are not only uncertain about the law regarding admission as either attorneys or advocates but are ironically also left quite disenfranchised in their quest to be admitted as legal practitioners. The transitional provisions envisaged in s115 of the LPA have not only left a lacuna in relation to admissions of legal practitioners but have also inevitably triggered an impasse as the courts are indeterminate as to under which provisions legal practitioners can and should be admitted.

Filing your annual financial statements the XBRL way
20 March 2019 Corporate & Commercial

Filing your annual financial statements the XBRL way

As of 1 July 2018, the Companies and Intellectual Property Commission (CIPC) sanctioned the submission of annual financial statements for companies through eXtensible Business Reporting Language (XBRL), in line with its legislative mandate contained in regulation 30 of the Regulations to the Companies Act, No 71 of 2008, as amended, 2011 (Regulations)(Companies Act).

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Is South Africa ready for the Workplace of the Future?
5 February 2018 Employment

Is South Africa ready for the Workplace of the Future?

The “workplace of the future” has become a buzz phrase in conversations around how the face of employment will evolve over the next few years. While this phrase is used to describe several expected changes, two of the most important include the shift from full time employees to freelancers and dissolving traditional offices and headquarters to a more mobile workforce, aided by technology’s rapid development. There are many potential advantages to this new workplace environment, however there is a lot of work that needs to be done if South Africa is to be prepared for this evolution.

Alternative model to labour brokers in SA
5 February 2018 Employment

Alternative model to labour brokers in SA

This article was written prior to the recent Labour Appeal Court judgement in the NUMSA & Others v Assign Services, which held, inter alia, that the client becomes the sole employer if the TES employees have been employed for longer 3 months (and not the dual employer with the TES). We understand this judgement will be appealed to the Constitutional Court.

Partnerships key to solving issues in mining industry
5 February 2018 Corporate & Commercial

Partnerships key to solving issues in mining industry

The South African mining industry has long been an integral part of the country’s economy. Not only has it created much-needed employment opportunities for many South Africans, but it is also a key driver of sustainable economic growth and black economic empowerment.

SA obligated to arrest presidents charged with crimes against humanity
2 February 2018 Dispute Resolution

SA obligated to arrest presidents charged with crimes against humanity

On 6 July 2017 the International Criminal Court (ICC or Court) handed down its judgment in the case concerning South Africa’s failure to arrest Omar al-Bashir, the current President of Sudan. The dispute has its genesis in President al-Bashir’s presence in South Africa in June 2015 to attend the African Union (AU) Summit.

Doing Business in SA: Foreign investors still see value in SA while locals less optimistic
2 February 2018 Corporate & Commercial

Doing Business in SA: Foreign investors still see value in SA while locals less optimistic

Despite corporate South Africa witnessing an uptick in business confidence to the highest levels in six months off the back of improved vehicle sales and an interest rate cut, top South African listed companies still seem apprehensive and are stockpiling an estimated R1.4 trillion in cash, according to research done by the Centre for Competition, Regulation and Economic Development. While local business decision makers often overlook investment opportunity due to negative sentiment surrounding political and economic challenges, foreign investors continue to see value in the South African market.

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Chief Economist Dr Jammine at CDH's 'Junk Status' seminar
19 May 2017

Chief Economist Dr Jammine at CDH's 'Junk Status' seminar

Econometrix Director and Chief Economist Dr Azar Jammine told delegates at a Cliffe Dekker Hofmeyr 'Junk Status' seminar which took place on Thursday, 18 May, that "We haven’t had the worst-case scenario of a collapse in the rand that will cause our interest rates to soar”.

Team
28 March 2017

Team

At Cliffe Dekker Hofmeyr, we believe in partnerships. We believe that two heads are always better than one and that, when we work together, we are capable of producing amazing results. Results that benefit you and your business. Backed by our vast experience across a wide variety of industries and disciplines, we provide legal and business advice that is driven by rigorous analysis and commercial judgement. And that helps drive your business forward.

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3 October 2017 Dispute Resolution

"Unruly parents can get their kids expelled"

"Unruly parents can get their kids expelled" - National Practice Head for Dispute Resolution Tim Fletcher, together with Associate Fiorella Noriega Del Valle unpacked this highly topical issue.