Latest News

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

subscribe to updates

Loading...

Probation, poor performance and dismissal – a bitter trio
7 October 2019 Employment

Probation, poor performance and dismissal – a bitter trio

It is not uncommon for new employees to be subjected to a period of probation. However, when this period of probation is coupled with poor performance, is dismissal the appropriate sanction even though the employee continued working post the expiry of the probationary period?

Where to go: High court or labour court?
7 October 2019 Employment

Where to go: High court or labour court?

In the recent judgment in Lewarne v Fochem International (Pty) Ltd (1073/18) [2019] ZASCA 114 (18 September 2019), the Supreme Court of Appeal was tasked with determining whether the Labour Court has exclusive jurisdiction in matters concerning an employment contract in terms of sections 77(1) and 77(3) of the Basic Conditions of Employment Act, No 75 of 1997 (BCEA).

The growing pandemic of cybercrime
7 October 2019 Corporate Investigations

The growing pandemic of cybercrime

Zaakir Mohamed, a Director in the Corporate Investigations sector of CDH's Dispute Resolution practice, recently joined Radio Islam to unpack the growing pandemic of cybercrime.

On the way to Parliament: National Treasury’s response to submissions received regarding the Draft TLAB and Draft TALAB
4 October 2019 Tax & Exchange Control

On the way to Parliament: National Treasury’s response to submissions received regarding the Draft TLAB and Draft TALAB

On 30 October 2019, the Minister of Finance (Minister) will deliver the Medium-Term Budget Policy Statement (MTBPS) in Parliament. It is anticipated that the Minister will also table several bills on the same day, including the Taxation Laws Amendment Bill, 2019 (TLAB) and the Tax Administration Laws Amendment Bill, 2019 (TALAB), pursuant to which the TLAB and TALAB will be considered by and eventually adopted by Parliament.

Loading...

The provision of safe transport by employers to prevent gender-based violence – considering the tax consequences
26 September 2019 Tax & Exchange Control

The provision of safe transport by employers to prevent gender-based violence – considering the tax consequences

Many South Africans have taken a stand against the surge of violent crimes perpetrated by men against women over recent weeks and have expressed their outrage through protest action. This outcry against gender-based violence in South Africa has been echoed worldwide, with many nations standing in solidarity with the women of South Africa.

Be careful retailers, you may run out of fuel: Section 12B of the Petroleum Products Act may not be your saving grace
25 September 2019 Dispute Resolution

Be careful retailers, you may run out of fuel: Section 12B of the Petroleum Products Act may not be your saving grace

In terms of s12B of the Petroleum Products Act 120 of 1977 (Act), the Controller of Petroleum Products (Controller) may on request by a licensed retailer alleging an unfair or unreasonable contractual practice by a licensed wholesaler, or vice versa, require, by notice in writing to the parties concerned, that the parties submit the matter to arbitration.

Interpreting a reinstatement clause in an insurance contract: Insurers should act quickly and wisely, or pay the price
25 September 2019 Dispute Resolution

Interpreting a reinstatement clause in an insurance contract: Insurers should act quickly and wisely, or pay the price

An insurance company recently suffered the consequences of its wrongful repudiation of a claim in terms of the reinstatement provisions of an insurance policy, in the Western Cape High Court case of Watson and another v Renasa Insurance Company Limited [2019] 2 All SA 280. After a fire at the plaintiff’s place of business destroyed machinery insured by the defendant insurance company, the defendant repudiated the insurance claim, based on its assertion that the plaintiff’s arson had caused the fire. Both the High Court and the Supreme Court of Appeal sided with the plaintiff, finding that the insurer was obliged to indemnify the insured property. The matter then came before the High Court in respect of the quantum of the plaintiff’s claim.

Undocumented children and their right to basic education: ‘Once you learn to read you will forever be free’ - Frederick Douglass
25 September 2019 Pro Bono & Human Rights

Undocumented children and their right to basic education: ‘Once you learn to read you will forever be free’ - Frederick Douglass

“Unlike some of the other socio-economic rights, this right is immediately realisable. There is no internal limitation requiring that the right be “progressively realised” within “available resources” subject to “reasonable legislative measures”. The right to a basic education in s29(1)(a) may be limited only in terms of a law of general application which is “reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom”. This right is therefore distinct from the right to “further education” provided for in s 29(1)(b). The State is, in terms of that right, obliged, through reasonable measures, to make further education “progressively available and accessible.” - Governing Body of the Juma Musjied Essay NO 2011 (8) BCLR 761 (CC).

Why contracting parties need to understand when contract terms are implied
25 September 2019 Corporate & Commercial

Why contracting parties need to understand when contract terms are implied

The recent case of Starways Trading 21 CC and Others v Pearl Island Trading 714 (Pty) Ltd and Another (232/2018) [2018] ZASCA 177 has once again highlighted the importance of being aware that in addition to the express terms of a contract as agreed (whether orally or in writing) between the parties, other terms may be incorporated into the contract by implication, even to the extent of varying the express terms.

Is
23 September 2019 Dispute Resolution

Is "Big Brother" still watching?

Envisage a scenario where you witness two respected politicians colluding in the orchestration of a corrupt deal. You contact a journalist to tell your story to expose the corruption, but in return you expect to be protected as a source, for fear of retribution. Little do you know that officers have obtained an interception order under RICA to intercept the journalist’s communications with various sources, and your call has been intercepted and recorded. Not only would you never know that your communication had been intercepted, depriving you of your right to approach a court for wrongful interception, but the intercepted information could be stored at a statutory interception centre in perpetuity, where it can potentially be copied or seen by unauthorised eyes. As of September 2019, such alarming intrusion of your privacy should no longer be a reality, as the High Court has declared certain provisions of RICA unconstitutional.

Loading...

Ensure your agents are compliant
31 May 2016 Finance & Banking

Ensure your agents are compliant

While banks doing business across Africa have to be careful with regard to their compliance with SA's Financial Intelligence Centre Act (Fica), they also have to be watchful to ensure that the other banks or agents with whom they engage are also complying with at least the same level of "knowing your customer" (KYC) as FICA requires of South African banks.

Labour Appeal Court finds against Amcu in long-running labour battle, but this is unlikely to be the last word on the matter
5 April 2016 Employment

Labour Appeal Court finds against Amcu in long-running labour battle, but this is unlikely to be the last word on the matter

An important decision by the Labour Appeal Court was made just last week to finally determine the long-running dispute between the Association of Mineworkers and Construction Union (Amcu), the Chamber of Mines and major gold producers. In finding against the appellant Amcu, the court supported the primacy of majority unions who engage in collective bargaining at the workplace.

Loading...

Chris Charter comments on the Massmart complaint
26 February 2015 Competition

Chris Charter comments on the Massmart complaint

Massmart has launched a complaint with the Competition Commission targeting Pick n Pay, Spar and Shoprite in a bid to end lease exclusivity clauses. Chris Charter, Head of our Competition practice comments.

Cliffe Dekker Hofmeyr continues to support the Come Together Home
10 October 2014 Pro Bono & Human Rights

Cliffe Dekker Hofmeyr continues to support the Come Together Home

Come Together is a key project in Cliffe Dekker Hofmeyr's Corporate Social Responsibility portfolio. We have seen the Come Together project flourish over the years. We are proud to be part of this worthy initiative, which has and will continue to make a significant difference to the lives of a number of children and adults in the Sebokeng community.

Loading...

Gender Parity in Private Equity
30 May 2018 Private Equity

Gender Parity in Private Equity

Directors in our Corporate and Commercial Practice, Nonhla Mchunu and Tessa Brewis, joined Cape Talk's Early Breakfast with Abongile Nzelenzele to discuss was "Gender Parity in Private Equity"