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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.

Vexatious litigants
27 March 2019 Dispute Resolution

Vexatious litigants

A vexatious litigant is a person who persistently initiates legal action for the purposes of harassing or subduing an adversary. Unfortunately, the victims of these vexatious litigants cannot simply ignore the frivolous legal proceedings instituted and are forced to respond in accordance with the rules of court regardless of how ridiculous the claims may be.

Section 34 of the Insolvency Act: A ticking time bomb?
27 March 2019 Dispute Resolution

Section 34 of the Insolvency Act: A ticking time bomb?

In many, if not all, commercial transactions, timing is everything, either for a distressed seller or a purchaser stumbling upon a deal that may almost be too good to be true. There is often no time to waste and a deal must be closed as soon as possible. In the haste of closing a deal, whether in the form of a sale of business or a sale of assets, the parties often agree not to comply with the provisions of s34(1) of the Insolvency Act, No 24 of 1936 (Act), each willing to take the risk in not doing so.

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The City of Johannesburg Inclusionary Housing Policy, 2019
18 March 2019 Real Estate

The City of Johannesburg Inclusionary Housing Policy, 2019

On 21 February 2019, the City of Johannesburg Metropolitan Municipality (COJ) approved the new policy, Inclusionary Housing: Incentives, Regulations and Mechanisms (Policy), which will come into effect on 22 May 2019. This follows a much less detailed Draft Policy which was published for public comment on 28 February 2018 and thereafter further developed and amended to form the Policy.

Reviewing the Real Estate Investment Trust tax regime
15 March 2019 Tax & Exchange Control

Reviewing the Real Estate Investment Trust tax regime

Finance Minister Tito Mboweni delivered the 2019 Budget Speech (Budget) on 20 February 2019, which contained, amongst the various tax proposals, further clarification as to tax policy and technical and administrative adjustments set out in Annexure C of the Full Budget Review (Annexure C).

Where does the South African mining sector rank as a global investment destination? A brief review of the Fraser Institute’s 2018 survey of mining companies
13 March 2019 Mining & Minerals

Where does the South African mining sector rank as a global investment destination? A brief review of the Fraser Institute’s 2018 survey of mining companies

On an annual basis, the Fraser Institute conducts a survey of mining and exploration companies in jurisdictions throughout the world. Its purpose is to evaluate how factors such as mineral potential and public policy may affect the attractiveness of a jurisdiction as a mining investment destination. As part of the 2018 survey, 83 jurisdictions were evaluated.

NEMLA IV proposes further changes to environmental laws
13 March 2019 Environmental

NEMLA IV proposes further changes to environmental laws

The National Environmental Management Laws Amendment Bill [B14D-2017] (NEMLA IV) was passed by the National Assembly on 27 November 2018 and was submitted to the National Council of Provinces (NCOP) for concurrence. Last month, the NCOP’s Select Committee on Land and Mineral Resources invited comments on the latest version of NEMLA IV and these comments are being processed. If approved by the NCOP, the Bill will be sent for assent and signed into law.

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Video: Nationals Schools Moot Competition Seminar hosted by the Pro Bono and Human Rights Practice
29 January 2016 Pro Bono & Human Rights

Video: Nationals Schools Moot Competition Seminar hosted by the Pro Bono and Human Rights Practice

The National Schools' Moot Court Competition (the Competition) is a nation-wide high school level moot court competition aimed at building awareness amongst learners about the Constitution, providing them with exposure to the legal profession and facilitating access to legal education. It is a joint initiative of the University of Pretoria, the Department of Basic Education, the Department of Justice and Correctional Services and the Foundation for Human Rights.

Think twice before you tweet
22 January 2016 Employment

Think twice before you tweet

South Africa has walked into a veritable social media storm in the early parts of the year, with employers increasingly being placed in the difficult position of having to decide whether or not to take action against employees for their behaviour online.

Best Lawyers 2016 in South Africa announced
22 October 2015 Corporate & Commercial

Best Lawyers 2016 in South Africa announced

The seventh edition of Best Lawyers in South Africa has been released and Cliffe Dekker Hofmeyr’s lawyers have once again featured prominently on the list. Most notably, David Thompson is the Best Lawyers’ 2015 Cape Town Mergers & Acquisitions Lawyer of the Year and Peter Hesseling is Best Lawyers’ 2015 Cape Town Corporate Lawyer of the Year.

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Issues women face in the workplace
23 August 2016 Employment

Issues women face in the workplace

CDH director in the Employment practice, Samiksha Singh discuss issues women face in the workplace, such as gender pay gap, being seen as an inferior gender and other obstacles.

Employment Equity Legislation
11 August 2016 Employment

Employment Equity Legislation

Hugo Pienaar, director in the Employment practice at CDH speaks to Ian Wessels and Igan Klynsmith about the employment equity legislation.

Employment Equity Act
11 August 2016 Employment

Employment Equity Act

Professor Hugo Pienaar, Director at CDH and former student at NWU talks about the Employment Equity Act.