Latest News

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

subscribe to updates

Loading...

CDH hosts SECTION27’s Annual Corporate Cocktail Event
15 July 2019 Pro Bono & Human Rights

CDH hosts SECTION27’s Annual Corporate Cocktail Event

It is often said that the ultimate price of greatness is responsibility, and one could argue that this also applies to corporations and organisations. The best corporations don’t walk away from their social responsibilities: they embrace them and invest in local communities by, amongst other things, collaborating with and supporting organisations and NGOs whose essential service to our society ensure that authorities act in the public’s best interests. This is one of the many reasons why hosting the SECTION27 Annual Fundraising Cocktail Evening which took place at our Sandton office on 27 June was important.

Violence and harassment in the workplace: The latest from the ILO
15 July 2019 Employment

Violence and harassment in the workplace: The latest from the ILO

On 21 June 2019, the International Labour Conference (ILO) in Geneva, adopted a new Convention and Recommendation titled the “Convention Concerning the Elimination of Violence and Harassment in the World of Work” (the Convention) which seeks to combat and eradicate workplace violence and sexual harassment alongside other workplace issues.

Stories from Down Under: Income tax provisions applicable to documentaries
11 July 2019 Tax & Exchange Control

Stories from Down Under: Income tax provisions applicable to documentaries

When South Africans think about Australian television, many may remember the television soap opera, Neighbours, featuring the famous Kylie Minogue, which aired in South Africa during the 1990s. Whereas South African tax law contains an income tax incentive for qualifying films and documentaries in s12O of the Income Tax Act, No 58 of 1962 (Act), effective from 1 January 2012. Australian tax law also contains specific provisions that apply to qualifying documentaries. We discussed the provisions of s12O of the Act in our Tax and Exchange Control Alert of 8 September 2017.

Double trouble: The limited application of the in duplum rule
10 July 2019 Corporate & Commercial

Double trouble: The limited application of the in duplum rule

Literally translated, “in duplum” means “double the amount”. The in duplum rule prevents arrear interest accumulating beyond an amount equal to the outstanding capital obligation. Such interest ceases to accrue once the sum of the unpaid (accrued) interest equals the amount of the outstanding capital, whether or not any capital and/or interest is payable at the time, thereby limiting the debtor’s aggregate liability to double the capital amount. The rule is concerned with public interest and protects borrowers from exploitation by lenders who permit interest to accumulate.

One suretyship, two agreements – are both covered?
10 July 2019 Dispute Resolution

One suretyship, two agreements – are both covered?

In the recent case of Moss & another v KMSA Distributors (673/2018) [2019] ZASCA 81, the Supreme Court of Appeal (SCA) considered whether a suretyship agreement, attached as an annexure to a certain agreement, also provided security to the creditor for debts incurred by the debtor under an earlier separate agreement concluded between the same parties.

Loading...

Violence and harassment in the workplace: The latest from the ILO
15 July 2019 Employment

Violence and harassment in the workplace: The latest from the ILO

On 21 June 2019, the International Labour Conference (ILO) in Geneva, adopted a new Convention and Recommendation titled the “Convention Concerning the Elimination of Violence and Harassment in the World of Work” (the Convention) which seeks to combat and eradicate workplace violence and sexual harassment alongside other workplace issues.

Stories from Down Under: Income tax provisions applicable to documentaries
11 July 2019 Tax & Exchange Control

Stories from Down Under: Income tax provisions applicable to documentaries

When South Africans think about Australian television, many may remember the television soap opera, Neighbours, featuring the famous Kylie Minogue, which aired in South Africa during the 1990s. Whereas South African tax law contains an income tax incentive for qualifying films and documentaries in s12O of the Income Tax Act, No 58 of 1962 (Act), effective from 1 January 2012. Australian tax law also contains specific provisions that apply to qualifying documentaries. We discussed the provisions of s12O of the Act in our Tax and Exchange Control Alert of 8 September 2017.

Double trouble: The limited application of the in duplum rule
10 July 2019 Corporate & Commercial

Double trouble: The limited application of the in duplum rule

Literally translated, “in duplum” means “double the amount”. The in duplum rule prevents arrear interest accumulating beyond an amount equal to the outstanding capital obligation. Such interest ceases to accrue once the sum of the unpaid (accrued) interest equals the amount of the outstanding capital, whether or not any capital and/or interest is payable at the time, thereby limiting the debtor’s aggregate liability to double the capital amount. The rule is concerned with public interest and protects borrowers from exploitation by lenders who permit interest to accumulate.

One suretyship, two agreements – are both covered?
10 July 2019 Dispute Resolution

One suretyship, two agreements – are both covered?

In the recent case of Moss & another v KMSA Distributors (673/2018) [2019] ZASCA 81, the Supreme Court of Appeal (SCA) considered whether a suretyship agreement, attached as an annexure to a certain agreement, also provided security to the creditor for debts incurred by the debtor under an earlier separate agreement concluded between the same parties.

AI ownership and machines as creators
8 July 2019 Technology, Media & Telecommunications

AI ownership and machines as creators

In a previous article entitled “AI Regulation in South Africa”, we discussed that although no specific laws yet exist in South Africa to regulate AI, it is regulated under existing legal principles. In this article, we explore issues around ownership.

Loading...

Black, white and different shades of grey
25 September 2018 Employment

Black, white and different shades of grey

South Africa's history of apartheid and oppression continues to affect post-democratic society today. The workplace is not excluded from the list of institutions affected. Our courts have been called upon to deal with countless incidents involving racism and racial abuse in the workplace. In fact, the increasing number of these incidents has been noted by the Labour Court as a concern. In many cases, racism in the workplace has been held to constitute serious misconduct warranting dismissal.

The future of underground coal gasification – Take two!
19 September 2018 Corporate & Commercial

The future of underground coal gasification – Take two!

In 2015 we published an article on underground coal gasification ("UCG") and its place within the regulatory framework under the Mineral and Petroleum Resources Development Act, 2004 (as amended). Three years later it would appear that uncertainty of the regulatory place for UCG would continue with the announcement by the Minister of Mineral Resources that the Mineral and Petroleum Resources Development Amendment Bill, 2014 ("MPRDA Amendment Bill") will be withdrawn.

If 'South Africa is open for Business', then why are we putting up roadblocks for mining investors?
18 September 2018 Corporate & Commercial

If 'South Africa is open for Business', then why are we putting up roadblocks for mining investors?

Until the election of Cyril Ramaphosa as the new leader of the ANC at its December 2017 conference, the clarion call by Government that "South Africa is open for Business" was becoming decidedly hackneyed and hollow. The election of Ramaphosa added a fresh optimism and when the same call was made at the World Economic Forum in Davos in January, it was greeted with greater interest and far less scepticism than in the past.

Largest BEE deal in ICT sector drives transformation
17 September 2018 Corporate & Commercial

Largest BEE deal in ICT sector drives transformation

On 14 September 2018, Vodacom Group and YeboYethu completed a R16.4 billion BEE transaction – the biggest BEE deal in the ICT sector to date – in which Cliffe Dekker Hofmeyr (CDH) was privileged to have acted as lead legal advisor to both Vodacom and YeboYethu.

Loading...

Strategic Structuring – structuring African business to ensure maximum efficiency and minimal risk
20 March 2019 Corporate & Commercial

Strategic Structuring – structuring African business to ensure maximum efficiency and minimal risk

Deepa Vallabh, Corporate and Commercial Director & Head, Cross-Border M&A: Africa & Asia, participated in a webinar where she discussed "Strategic Structuring – structuring African business to ensure maximum efficiency and minimal risk". The Webinar provided an in-depth look at the investment structures that foreign investors can use to minimise risk and increase efficiency in their African investments.

Loading...