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A cautionary tale of the man who cried “admin action”
5 June 2019 Dispute Resolution

A cautionary tale of the man who cried “admin action”

On 17 May 2019, the Supreme Court of Appeal (SCA) delivered its judgment in the case of Motala v The Master of the North Gauteng High Court, Pretoria (92/2018) [2019] ZASCA 60 (17 May 2019). The matter concerned an administrative review application of the Master’s decisions to remove Mr Motala as the joint provisional liquidator of seven companies forming the Pamodzi Group, as well as her decision to remove him from the panel of liquidators. The review application was dismissed in the Pretoria High Court and the matter was taken on appeal to the SCA.

REIT regime – now extended to new exchanges
5 June 2019 Corporate & Commercial

REIT regime – now extended to new exchanges

The South African Real Estate Investment Trust (REIT) structure is a listed property investment vehicle, similar to internationally recognised REIT structures, where a tax dispensation ensures a flow through of net property income to investors. A REIT is essentially a company that owns and operates income-producing immovable property.

Escape route: “Resignation with immediate effect”
3 June 2019 Employment

Escape route: “Resignation with immediate effect”

The latest case in the ‘disciplining employees who have resigned with immediate effect’ saga has brought about more uncertainty as to whether an employee who resigns with immediate effect shortly before a disciplinary hearing can avoid disciplinary action and subsequent dismissal. In Naidoo and Another vs Standard Bank SA Ltd and SBG Securities (Pty) Ltd (Case No: J1177/190 [Delivered 24 May 2019], the Labour Court ruled that an employer has no power to discipline employees who have been charged with acts of misconduct and dishonesty but who have resigned with immediate effect before the date of their disciplinary hearings. The correct way to proceed, according to the court, is to hold the employee to his or her contract by seeking an order for specific performance.

South Africa’s rising unemployment tide: An alternative model
3 June 2019 Employment

South Africa’s rising unemployment tide: An alternative model

According to the most recent figures released by Stats SA, the unemployment rate rose to 27.6% in the first quarter of 2019, up from 27.1% in the previous period. This is the highest jobless rate recorded since Q3 2017, as the number of unemployed went up by 62,000, to 6.2 million, and the number of jobs fell by 237,000 to 16.29 million. These distressing statistics are indicative of the inadequacies of the current labour model in combatting the ever-present battle against unemployment.

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Neighbouring building plans ruining your scenery? Constitutional Court rules that legitimate expectations of property owners should be considered
6 May 2019 Dispute Resolution

Neighbouring building plans ruining your scenery? Constitutional Court rules that legitimate expectations of property owners should be considered

On 19 February 2019, the Constitutional Court (CC) handed down its judgment in the consolidated matters of Trustees of the Simcha Trust v Da Cruz and Others and City of Cape Town v Da Cruz and Others (Simcha Trust) in which it had to decide whether there was an obligation on local authorities considering a building application, to apply the legitimate expectations test when considering whether the surrounding area where the building is to be erected would likely be disfigured or whether such a building would be unsightly or objectionable.

Those who allege may not need to prove: The “appropriate relief” exception
6 May 2019 Dispute Resolution

Those who allege may not need to prove: The “appropriate relief” exception

It is a general principle in our law that those who allege before a court that they are entitled to succeed in their claim bear the onus to prove their entitlement. In a recent case, the Supreme Court of Appeal, in awarding the Appellants “appropriate relief”, paid short shrift to this general principle, thereby creating a precedent that may have unintended consequences.

To dispose or not to dispose… that is not the only question
6 May 2019 Corporate & Commercial

To dispose or not to dispose… that is not the only question

Companies often find themselves entering into disposal transactions which are possibly subject to the provisions of s112 of the Companies Act, No 71 of 2008 (Act), whether by selling a division of its business, disposing of its shares in a subsidiary or even undertaking an internal restructure.

To be or not to be: In writing
6 May 2019

To be or not to be: In writing

In the recent case of NUMSA obo Nomanyane and another v Grupo Antolin (Pty) Ltd MICT28342, heard before the Metal Engineering Industry Bargaining Council (MEIBC), the Commissioner was tasked with determining whether a fixed-term contract of employment must be in writing or not.

Exchange control and non-residents investing in South Africa: Relaxation of policy pertaining to payments
3 May 2019 Tax & Exchange Control

Exchange control and non-residents investing in South Africa: Relaxation of policy pertaining to payments

On 18 April 2019, the Financial Surveillance Department of the South African Reserve Bank (FinSurv) released three circulars, including Exchange Control Circular 9/2019 (Circular), regarding changes to South Africa’s exchange control (Excon) rules. The Circular deals with changes in the policy pertaining to payments in different contexts, made by persons or entities who are regarded as non-residents for Excon for purposes.

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Cliffe Dekker Hofmeyr intends to approach the Labour Court regarding ruling on the deeming provision
3 July 2015 Employment

Cliffe Dekker Hofmeyr intends to approach the Labour Court regarding ruling on the deeming provision

Cliffe Dekker Hofmeyr's employment lawyers will approach the South African Labour Court to review a decision made by the National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI) on the 26th of June 2015. The decision concerns the two approaches taken when determining the employment relationship of employees of Temporary Employment Services.

Burglar bars for data
2 July 2015 Technology, Media & Telecommunications

Burglar bars for data

Cyber-espionage is on the rise, with increasing amounts of state secrets and intellectual property being stolen by hackers. Cyber-criminals are phishing banking details and are able to empty bank accounts. As a result of these cyber-security breaches, personal information can be intercepted and shared without consent.

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SANRAL vs. The City of Cape Town
14 October 2016 Dispute Resolution

SANRAL vs. The City of Cape Town

Pieter Conradie, Executive Consultant in the Dispute Resolution practice, discusses the latest judgement in the Supreme Court of appeal in the matter of SANRAL vs. the City of Cape Town.

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.