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Extension of period within which to submit the first Mining Charter 2018 annual reports and other extended MPRDA time-frames
24 April 2020 Mining & Minerals

Extension of period within which to submit the first Mining Charter 2018 annual reports and other extended MPRDA time-frames

In September 2018 the Minister of Mineral Resources and Energy, Mr Gwede Mantashe (Minister), published the Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018, which became known as the Mining Charter 2018. The Mining Charter 2018 was amended on 20 December 2018 by Government Notice 1421, Gazette 42130 and was supplemented by the publication of the Implementation Guidelines on 19 December 2019.

Cession in security: A cessionary’s obligations
23 April 2020 Finance & Banking

Cession in security: A cessionary’s obligations

In South African law, cession is a bilateral juristic act whereby by agreement, a cedent transfers its rights, because of an underlying causa, to a cessionary. There are two types of cession, namely, an out and out cession and a pledge and cession in securitatem debiti.

Amendments to the MPRDA Regulations published for implementation
23 April 2020 Corporate & Commercial

Amendments to the MPRDA Regulations published for implementation

On 27 March 2020, the Minister of Mineral Resources and Energy (Minister) published, for implementation, the Amendments to the Mineral and Petroleum Resources Development Regulations (Amended Regulations) in Government Notice R420 in Government Gazette 43172.

Domestic staff residing in Sectional Title Complexes and “working from home” during lockdown
23 April 2020 Employment

Domestic staff residing in Sectional Title Complexes and “working from home” during lockdown

On 14 April 2020, CDH published an alert on the Use of common property during lockdown. As a follow-on discussion from the aforementioned publication, this article deals with the permissibility of a “work from home” arrangement for domestic staff who ordinarily reside in staff living quarters which could either form part of a sectional title unit or be allocated to a sectional title unit as an exclusive use area for purposes of staff living quarters. We will accordingly address this from both a property and employment perspective and express a view that will be applicable until further amendments are made to the current lockdown regulations.

COVID-19: Key considerations for private equity funds
22 April 2020 Corporate & Commercial

COVID-19: Key considerations for private equity funds

We have outlined some of the key investor expectations and considerations relating to fund terms that both investors and managers of private equity funds should bear in mind in responding to the COVID-19 outbreak. Finally we have briefly summarised the key regulatory considerations that managers should also take into account in the current environment.

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Chasing evidence overseas for a local arbitration. A fool’s errand?
22 April 2020 Dispute Resolution

Chasing evidence overseas for a local arbitration. A fool’s errand?

As a general principle a court in one country has no authority to make orders effective in another country, either at all or at least absent compliance with legislation and process in that other country. That stands to reason and is bound up in concepts of sovereignty and jurisdiction.

Navigating commercial risk during uncertain times in Africa: When the law is Foreign
22 April 2020 International Arbitration

Navigating commercial risk during uncertain times in Africa: When the law is Foreign

In Africa, a significant number of international commercial contracts are governed by English law. When concluding cross-border or international commercial transactions most parties do not give much attention to the governing law clause or for that matter, the dispute resolution clause. It’s only when trouble strikes and advice is sought from lawyers on performance obligations that attention is given to the law governing the interpretation of contractual provisions such as force majeure.

Execution of a will during lockdown
22 April 2020 Trusts & Estates

Execution of a will during lockdown

The COVID-19 outbreak has created a climate of uncertainty in many aspects of life. Unfortunately, there is no one perfect time to consider your demise, but amidst a deadly global pandemic, many have been forced to consider what will happen to their loved ones and assets upon their death. The reality is that many South Africans do not have valid wills. According to the Master of the High Court’s recent figures, as many as 70% of South Africans have not executed a valid will. It is now more important than ever to consider the future and to execute your will.

Lease Agreements and COVID-19
22 April 2020 Corporate & Commercial

Lease Agreements and COVID-19

The spread of the COVID-19 virus is an on-going global crisis. On 23 March 2020, the President announced a nationwide lockdown for 21 days with effect from midnight on 26 March 2020 up until midnight on 16 April 2020. This was further extended on 9 April 2020 for an additional 14 days. It is uncertain whether further extensions will be ordered or, if not, how life might slowly return to “normal”. As a direct result of the nationwide lockdown, all businesses’ doors (save for those providing essential services) had to shut from 27 March 2020 up until at least 30 April 2020. What does this mean for monthly rent payments? Are tenants entitled to a remission of rental during this period and, if so, to what extent? This is a question on the minds of many tenants and landlords alike.

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Water crisis in the Western Cape
28 November 2017 Environmental

Water crisis in the Western Cape

Director and National Head of our Environmental practice Terry Winstanley discusses water restrictions and regulations in the Western Cape.

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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