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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.

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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.

Update: Ladies and gentlemen, it’s time to place your (secret) ballots
23 September 2019 Employment

Update: Ladies and gentlemen, it’s time to place your (secret) ballots

The requirement to hold a secret ballot before embarking on strike action has been a hot topic of late. Here’s a recap: S19 of the Labour Relations Amendment Act, No 8 of 2018 (Amendment Act) requires trade unions (and employers’ organisations) to amend their constitutions to provide for secret strike ballots prior to embarking on strike action, in the event that their constitutions do not already provide for this.

Is an employer restricted to the categorisation of the charges during the disciplinary proceedings?
23 September 2019 Employment

Is an employer restricted to the categorisation of the charges during the disciplinary proceedings?

Procedural fairness in disciplinary proceedings requires an employee to be made aware and understand the charges against him. This is not only to assist the employee in deciding how to plead but also to ensure that the employee understands the case he has to answer. Is an employer restricted to the manner in which the charges are categorised or can it find the employee guilty of competent verdicts? This question was dealt with by the Labour Appeal Court in EOH Abantu (Pty) Ltd v CCMA & Others (JA4/18) [2019] ZALAC 57.

High Court litigation against SARS: Changes coming?
19 September 2019 Tax & Exchange Control

High Court litigation against SARS: Changes coming?

On 17 September 2019, the South African Revenue Service (SARS) released a Media Statement regarding the steps that SARS has taken in implementing the Nugent Commission (Commission) recommendations (Media Statement).

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Binding Private Ruling: Roll-over relief can also apply to transactions involving non-resident companies
5 September 2019 Tax & Exchange Control

Binding Private Ruling: Roll-over relief can also apply to transactions involving non-resident companies

The Income Tax Act, No 58 of 1962 (Act) provides for roll-over relief in respect of any capital gains that would normally be realised pursuant to the disposal of an asset, provided the requirements of the relevant roll-over relief provision in the Act are met. For example, in terms of s47 of the Act, transactions relating to the liquidation and winding-up of companies, can qualify for roll-over relief so that the capital gains liability that may arise in the normal course of the transaction will be deferred and no capital gains tax (CGT) will be payable at the time that the transaction in concluded.

Empowering women through law
4 September 2019 Pro Bono & Human Rights

Empowering women through law

On 24 August, CDH’s Pro Bono & Human Rights Practice (the Practice) was invited to participate in the Daily Voice’s Annual Diamonds and Divas Women’s Month event held at the GrandWest Market Hall. Aside from entertainment, glamour and an all-round celebration of the strength, resilience and incredible power of women, this ladies-only event focused on women empowering themselves and each other financially, legally and otherwise through cooperation, support and the sharing of knowledge. More than that, it was about starting and maintaining a necessary conversation about empowerment.

Will the country evaluation by the financial action task force recognise the South African judiciary’s contribution regarding effectiveness?
4 September 2019 Dispute Resolution

Will the country evaluation by the financial action task force recognise the South African judiciary’s contribution regarding effectiveness?

On 21 August the Gauteng Division of the High Court handed down a judgment setting aside the findings of the Arms Procurement Commission, chaired in 2015 by Justice W. Seriti. This ground-breaking judgment sets South African precedent regarding the powers of a court to review the findings of a judicial commission of inquiry. Importantly, it also redefines the role, function and obligations of a commissioner tasked with uncovering the truth.

Investor’s Remorse: Can you take action against your investment broker for a failed investment?
4 September 2019 Dispute Resolution

Investor’s Remorse: Can you take action against your investment broker for a failed investment?

You’ve had a successful career. In fact, you’ve worked hard enough to set yourself up for an early retirement. A trusted investment broker approaches you with an attractive investment opportunity. You decide to go for it, making a substantial investment, hoping to add to your wealth. Not only do you fail to make a profit, you lose your entire investment. In your mind, the blame lies squarely with the investment broker’s advice. Can you claim damages from him? The High Court of Kwa-Zulu Natal dealt with this question in the case of Symons NO and Another v Rob Roy Investments CC t/a Assetsure 2019 (4) SA 112 (KZP).

Disruptive technology and its impact on the M&A landscape
4 September 2019 Corporate & Commercial

Disruptive technology and its impact on the M&A landscape

If a decade ago someone had told you that you’d be comfortable sharing your location with a stranger, hop into that stranger’s car and trust them to take you where you wanted to go, you would’ve probably scoffed. Fast-forward to present day and most of us use Uber without any qualms. The taxi and rental-car markets aren’t the only industries that have gone undergone an overhaul. Disruptive technologies such as artificial intelligence, augmented and virtual reality, blockchain, and 3D printing are rapidly changing our economy and the status quo, forcing companies to change their business approach for fear of losing their market share or becoming irrelevant.

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Cliffe Dekker Hofmeyr acted as legal counsel for Busamed in relation to debt funding of two private hospitals
11 June 2015 Finance & Banking

Cliffe Dekker Hofmeyr acted as legal counsel for Busamed in relation to debt funding of two private hospitals

Mashudu Junior Mphafudi, and Preshan Singh-Dhulam, directors in the Finance and Banking practice at Cliffe Dekker Hofmeyr, acted as legal counsel to Busamed in relation to the debt funding provided by Standard Bank of South Africa Limited and FutureGrowth Asset Management, for both the Busamed Paardevlie Private Hospital (100 bed facility) and the Busamed Modderforntein Private Hospital (170 Acute Facility and 50 beds Sub-Acute facility).

South Africa gets the green light for its restrictive covenant legislation
13 May 2015 Employment

South Africa gets the green light for its restrictive covenant legislation

DLA Piper’s Employment group has produced a global employment law Guide entitled, A Global Guide to Restrictive Covenants, which highlights the legal provisions of restrictive covenants in 33 key jurisdictions across the Americas, Asia Pacific, Europe, the Middle East and Africa. South African business law firm Cliffe Dekker Hofmeyr contributed the South African chapter to this Guide.

Cliffe Dekker Hofmeyr condemns acts of xenophobia
23 April 2015

Cliffe Dekker Hofmeyr condemns acts of xenophobia

With various initiatives underway among civil society to demonstrate and give real support to those affected and displaced by xenophobia in South Africa, Cliffe Dekker Hofmeyr business law firm has said its employees will take part in the Corporate Walk and Gathering, under the auspices of the People’s Coalition Against Xenophobia, in Sandton Central Park on Friday 24 April.

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Weed in the workplace
23 May 2017 Employment

Weed in the workplace

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.

Research on sexual harassment during times of junk status
5 May 2017 Employment

Research on sexual harassment during times of junk status

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.