Latest News

Get insight into the most recent legal developments across key industry sectors.

subscribe to updates

Loading...

Expropriation without compensation: Domestic legal protections
9 April 2019 Dispute Resolution

Expropriation without compensation: Domestic legal protections

As discussed in a previous publication, South Africa’s legislative authorities are in the process of amending two significant aspects of our expropriation framework: s25 of the Bill of Rights (ie the constitutional property clause) and the Expropriation Act (ie the statute regulating the nuts and bolts of the State’s compulsory acquisition of property).

Registered Restrictive Conditions find a hole in courts’ Omnipotence
8 April 2019 Real Estate

Registered Restrictive Conditions find a hole in courts’ Omnipotence

Imagine having a condition in your title deed which dictates how you should use your property and imagine that you had no involvement in the inclusion of that condition. Surely there must be a way to have it removed, since you are the registered owner of the property to which it attaches? The recent judgment of Frantrade Nineteen (Pty) Ltd & Others v Realty Corporation of South Africa Ltd & Others [2019] ZAGPJHC 75 reminds us that this is not necessarily the case.

Private arbitration or the CCMA?
8 April 2019 Employment

Private arbitration or the CCMA?

The Labour Court was recently required to determine whether the CCMA lacked jurisdiction to entertain an unfair dismissal dispute in circumstances where the parties agreed to refer such dispute to private arbitration.

Secret ballot required prior to engaging in a strike
8 April 2019 Employment

Secret ballot required prior to engaging in a strike

In terms of s95(5)(p) of the Labour Relations Act, No 66 of 1995 (LRA) trade unions and employers’ organisations are required to conduct a secret ballot amongst its members before calling a strike or lock-out in respect of such members.

Loading...

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.

Further amendments to the VAT electronic services regulations
29 March 2019 Tax & Exchange Control

Further amendments to the VAT electronic services regulations

Revised regulations to prescribe and clarify the electronic services (e-services) supplied by foreign suppliers to South African consumers which are subject to VAT were proposed in 2018, which significantly broadened the scope of ‘e-services’. The Minister of Finance, in the 2019 Budget Review then announced that further amendments would be made to the e-services regulations to address certain oversights.

Loading...

Cross-border mergers and acquisitions – Charting the regulatory landscape
14 July 2017 Corporate & Commercial

Cross-border mergers and acquisitions – Charting the regulatory landscape

In the latest issue of Into Africa, Corporate & Commercial Director and Head of CDH's Africa practice, Deepa Vallabh, and Corporate & Commercial Associate Motheo Mfikoe point out that the growth of African markets in the recent years has occurred through cross-border M&A activity, and has become an important source of FDI.

Loading...

Loading...