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The competency of incitement as a disciplinary charge: An insight into the charge of incitement
5 August 2019 Employment

The competency of incitement as a disciplinary charge: An insight into the charge of incitement

In the recent decision of Economic Freedom Fighters v Minister of Justice and Constitutional Development (87638/2016) [2019] ZAGPPHC 253, the High Court pronounced on the definition of the crime of incitement and defined it as the intention, by words or conduct, to influence the mind of another in the furtherance of committing a crime. The decisive question being whether the accused intended to influence the mind of another towards the commission of a crime.

Investing in your employees doesn’t make them yours
5 August 2019 Employment

Investing in your employees doesn’t make them yours

Hiring new staff usually comes at great expense to employers, who place them on intensive training programmes soon after they take up employment. With continuous changes to technology and systems, this then often continues for the duration of the employment relationship.

Protecting your creative ideas and copyrights
2 August 2019 Dispute Resolution

Protecting your creative ideas and copyrights

Zanele Ngakane, Senior Associate in the Dispute Resolution practice, features on YFM's The Shakedown to discuss protecting your creative ideas and copyrights. Zanele Ngakane features every Tuesday on The Shakedown (between 13h30 and 14h00) to get you LawyeredUp on various legal issues.

In alignment: Proposed amendments pertaining to amalgamation transactions
1 August 2019 Tax & Exchange Control

In alignment: Proposed amendments pertaining to amalgamation transactions

The Income Tax Act, No 58 of 1962 (IT Act) provides for corporate roll-over relief in respect of the transfer of assets between companies that form part of the same economic unit, as well as those transfers made to shareholders who are natural persons. In order to avoid the abuse of these provisions, the legislature has incorporated numerous requirements and anti-avoidance provisions into the IT Act that must be adhered to in order for taxpayers to qualify for the relief.

Key proposed amendments to the Real Estate Investment Trust (REIT) tax regime
1 August 2019 Tax & Exchange Control

Key proposed amendments to the Real Estate Investment Trust (REIT) tax regime

The 2019 Draft Taxation Laws Amendment Bill (Draft TLAB) proposes key amendments to the Real Estate Investment Trust (REIT) taxation regime. In particular, the proposed amendments provide clarification of the definition of “rental income” in the REIT tax regime in respect of foreign exchange differences and also clarify the interaction between the corporate reorganisation rules and the REIT tax regime.

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The price is right – a confusing end to a costly saga
17 July 2019 Competition

The price is right – a confusing end to a costly saga

The Constitutional Court (ConCourt) has dismissed the Competition Commission’s (Commission) appeal in the long running Media24 case dealing with predatory pricing (Competition Commission of South Africa v Media 24 (Pty) Limited (CCT90/18) [2019] ZACC 26 (3 July 2019).

Youth empowering youth – our visit to Just Grace
15 July 2019 Pro Bono & Human Rights

Youth empowering youth – our visit to Just Grace

In honour of youth month, the Cape Town Pro Bono & Human Rights Practice (Pro Bono Practice) partnered with Just Grace to roll out two meaningful initiatives aimed at supporting and empowering the youth.

CDH hosts SECTION27’s Annual Corporate Cocktail Event
15 July 2019 Pro Bono & Human Rights

CDH hosts SECTION27’s Annual Corporate Cocktail Event

It is often said that the ultimate price of greatness is responsibility, and one could argue that this also applies to corporations and organisations. The best corporations don’t walk away from their social responsibilities: they embrace them and invest in local communities by, amongst other things, collaborating with and supporting organisations and NGOs whose essential service to our society ensure that authorities act in the public’s best interests. This is one of the many reasons why hosting the SECTION27 Annual Fundraising Cocktail Evening which took place at our Sandton office on 27 June was important.

Violence and harassment in the workplace: The latest from the ILO
15 July 2019 Employment

Violence and harassment in the workplace: The latest from the ILO

On 21 June 2019, the International Labour Conference (ILO) in Geneva, adopted a new Convention and Recommendation titled the “Convention Concerning the Elimination of Violence and Harassment in the World of Work” (the Convention) which seeks to combat and eradicate workplace violence and sexual harassment alongside other workplace issues.

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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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Justice Madlanga addressed the learners on transformative constitutionalism
15 November 2017 Pro Bono & Human Rights

Justice Madlanga addressed the learners on transformative constitutionalism

Every year, hundreds of high school learners participate in the National Schools Moot Court Competition. The competition, which first began in 2011, is a joint initiative by the Department of Basic Education, the Department of Justice and Constitutional Development, the South African Human Rights Commission, the Foundation for Human Rights and the University of Pretoria. CDH has been heavily involved in the Competition since 2014, and on 4 October 2017, as part of an intensive few days programme for the national rounds, we hosted 74 learners participating in these rounds at a seminar held at our Sandton offices.

Former Constitutional Court Judge, jurist and struggle stalwart, Justice Zak Yacoob gave a stirring keynote address at the the I decide = I am exhibition
8 November 2017 Pro Bono & Human Rights

Former Constitutional Court Judge, jurist and struggle stalwart, Justice Zak Yacoob gave a stirring keynote address at the the I decide = I am exhibition

Former Constitutional Court Judge, jurist and struggle stalwart, Justice Zak Yacoob gave a stirring keynote address at the the I decide = I am exhibition. The cocktail event was held at our Sandton offices in partnership with the Centre for Human Rights. The exhibit was displayed during the month of October.

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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.