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Corne Lewis, Director in the Dispute Resolution practice joined SAfm to discuss suretyship when married in community of property.
In compliance with its international obligations to combat, amongst others, money laundering and terrorist financing, South Africa promulgated the Financial Intelligence Centre Act, No 38 of 2001 (FICA). The Financial Intelligence Centre (FIC) was established in terms of chapter 1 of FICA and is recognised as South Africa’s national centre for the receipt of financial data, analysis and dissemination of financial intelligence to the competent authorities. Its mandate includes, amongst others, the responsibility to identify the proceeds of crime, combat money laundering and terrorist financing.
According to the International Labour Organisation, there is an estimated 1.1 million domestic employees in South Africa working in private households. The majority of domestic workers in South Africa are women, with research indicating that as of 2010, the domestic worker sector was the third largest employer of women.
This alert discusses developmental credit agreements and the obligation of credit providers to conduct affordability assessments.
With the reappointment of Ebrahim Patel to the Ministry responsible for oversight of competition enforcement, it is expected that he will focus his efforts on bringing the law into force as soon as possible.
Anli Bezuidenhout, Senior Associate in the Employment practice joined the Lester Kiewit show on Cape Talk, to discuss romantic relationships in the workplace. She states that employees need to disclose their romantic relationships that were created in the workplace, so that the risks can be mitigated.
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Favourable judgment in hand, South African litigants would be forgiven for thinking their victory is all but won. Those looking to execute rulings against foreign opposing parties may, however, still have some way to go. If an opposing party has no executable property and no other presence in South Africa, successful parties may have to cross borders to recover their dues. Each country greets foreign judgments with its own set of rules. This article discusses the processes and difficulties of enforcing South African judgments in two key jurisdictions: England and the US.
In CDH Invest NV v Petrotank South Africa (Pty) Ltd & Others (483/2018) [2019] ZASCA 53 (1 April 2019), the Supreme Court of Appeal (SCA) held that a round robin resolution approving a resolution to, amongst others, increase the number of authorised shares in Petrotank South Africa (Pty) Ltd (Petrotank) was invalid on the basis that the directors of Petrotank did not exercise their powers to increase Petrotank’s authorised shares for a proper purpose.
An updated version of the Draft Margin Requirements for Non-Centrally Cleared Over-the-Counter Derivative Transactions (Margin Requirements) was recently published as a Joint Standard by the Financial Sector Conduct Authority (FSCA) and the Prudential Authority (PA). The previous draft of the Margin Requirements was published during August 2018. The public consultation process on that draft, and further discussions between the PA and the FSCA, has given rise to a somewhat improved draft, which has now been published for final public consideration and comments. It is set to take effect on 1 September 2019.
In the 2019 Budget Speech, the Minister of Finance announced that draft legislation pertaining to the long-awaited gambling tax would be published for public comment in 2019. We discussed this announcement in our Special Edition Budget Speech Alert of 20 February 2019. The draft legislation will possibly be published with the draft Taxation Laws Amendment Bill in the next few months, but while we wait for the release of the draft legislation, we take the opportunity to consider some of the issues that have arisen with gambling tax in foreign jurisdictions.
Climate change and global warming are issues that have long been debated. Predictions as far back as 1982 regarding increases in atmospheric carbon dioxide are proving true. While climate change and global warming are often seen as abstract issues, the impact on communities around the world is starting to become more prevalent. Closer to home for example, we have seen an increase in ever more severe tropical cyclones off the Mozambique channel and here in South Africa we are experiencing longer, more intense droughts.
Cliffe Dekker Hofmeyr (CDH) is pleased to have received a Level 1 Broad-Based Black Economic Empowerment (B-BBEE) rating in 2019. This has increased from Level 2 that was achieved in 2018.
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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.
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.
Cliffe Dekker Hofmeyr (CDH) has been named South Africa’s number one large law firm in the prestigious PMR Africa client research report for the sixth year in a row.
Cliffe Dekker Hofmeyr's (CDH) Mergers and Acquisition (M&A) team achieved first place by deal value for South African firms and 12th place internationally in the latest Mergermarket M&A Africa & Middle East 2015 Global League Tables. The team increased its deal value to $18.8 billion from $9.2 billion in 2014.
Cliffe Dekker Hofmeyr (CDH) business law firm in South Africa has made eight partner appointments to its finance and banking, employment and tax practices within the last month.
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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Reactions to today`s budget has been mostly mixed. To talk more on this is Emil Brincker, Director and National Tax Practice Head.
Allan Reid, Sector Head of Mining and Minerals elaborates about the 10th anniversary of the mining charter.
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.
There is a lot of interest in the liquidation of various assets that are owned by former ANCYL leader Julias Malema. Guests in studio are Marc Ashton, Editor of Finweek, Vincent Tadden Lending Product House at FNB Wealth and Julian Jones, National Head of the Business Rescue, Restructuring and Insolvency Sector.
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CDH Senior Associate Heinrich Louw talked to Classic FM's Michael Avery to discuss the death of share buy-backs.
Nicholas Preston, Director in our Employment practice gives his opinion on the Shakes Mashaba hearing against the South African Football Association (SAFA).
Employment Director Jose Jorge discusses the recent court case in the Western Cape High Court relating to the use of cannabis in the privacy of your home and how it could, if the Bill is passed, affect the workplace.
Aadil Patel (Head of our Employment practice), Fatima Moosa (National HR Manager) and Mariella Noriega Del Valle (HR Intern) participated in a discussion with Naledi on The Talk Shop on SAFM as to whether the risk of workplace abuses - particularly sexual harassment – is likely to increase during these turbulent economic times.
Tax and Exchange Control Associate Designate Louis Botha chatted to Ayabonga Cawe on Power FM's Power Hour on Tuesday, 18 April, about whether the provision of free or low-cost transport services by employers to their employees, to convey them between their homes and place of employment, constitutes a taxable fringe benefit, the value attached to such benefit and two recent rulings issued by SARS regarding this issue.
Pieter Conradie, Executive Consultant in our Dispute Resolution practice, gives more information as to why so much money is owed to South African National Roads Agency (SANRAL)
