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No lost deed goes unpunished
11 November 2019 Real Estate

No lost deed goes unpunished

The Department of Rural Development and Land Reform has published further amendments to Regulation 68 of the Regulations to the Deeds Registries Act 47 of 1937, subsequent to the previous amendments published on 25 January 2019

Is the BCEA now trending in dismissal disputes?
11 November 2019 Employment

Is the BCEA now trending in dismissal disputes?

The recent judgment handed down by the Labour Appeal Court (LAC) in Pilanesburg Platinum Mines v Lisebo Lerato Pearl Ramabulana concerned an appeal against a decision of the Labour Court in which it was found that the employer had breached the employee’s contract of employment by failing to comply with the provisions relating to termination. The employee (applicant) brought an application to the Labour Court in terms of section 77 of the Basic Conditions of Employment Act, No 75 of 1997 (BCEA) in terms of which the applicant sought inter alia a declaration that the termination of her employment was unlawful and that the respondent had failed to comply with provisions of the contract of employment.

The legalisation of cannabis
8 November 2019 Dispute Resolution

The legalisation of cannabis

Andrew MacPherson, an Associate in the Dispute Resolution practice, joined SAFM's The Talking Point to discuss the legalisation of cannabis.

Out-of-court settlements and VAT…don’t settle for less
7 November 2019 Tax & Exchange Control

Out-of-court settlements and VAT…don’t settle for less

Parties to a legal dispute may often find themselves opting for an ‘out-of-court’ settlement as opposed to a protracted court battle where the outcome is uncertain and the legal costs high. On some level, an out-of-court settlement should represent a win for both parties. However, where the parties are VAT vendors, it is often the party receiving the settlement payment that is left with a slightly bitter taste in its mouth if VAT was not taken into consideration when agreeing on the settlement amount payable.

Are sureties still liable for a debt if the original causa is based on an invalid contract?
6 November 2019 Dispute Resolution

Are sureties still liable for a debt if the original causa is based on an invalid contract?

The Constitutional Court dealt with this question in Shabangu v Land and Agricultural Development Bank of South Africa & Others [2019] ZACC 42. The applicant and others stood as sureties for a loan agreement entered into between the Land and Agricultural Development Bank of South Africa (Land Bank) and Westside Trading 570 (Pty) Ltd (Westside) for the development of urban property.

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No lost deed goes unpunished
11 November 2019 Real Estate

No lost deed goes unpunished

The Department of Rural Development and Land Reform has published further amendments to Regulation 68 of the Regulations to the Deeds Registries Act 47 of 1937, subsequent to the previous amendments published on 25 January 2019

Is the BCEA now trending in dismissal disputes?
11 November 2019 Employment

Is the BCEA now trending in dismissal disputes?

The recent judgment handed down by the Labour Appeal Court (LAC) in Pilanesburg Platinum Mines v Lisebo Lerato Pearl Ramabulana concerned an appeal against a decision of the Labour Court in which it was found that the employer had breached the employee’s contract of employment by failing to comply with the provisions relating to termination. The employee (applicant) brought an application to the Labour Court in terms of section 77 of the Basic Conditions of Employment Act, No 75 of 1997 (BCEA) in terms of which the applicant sought inter alia a declaration that the termination of her employment was unlawful and that the respondent had failed to comply with provisions of the contract of employment.

Out-of-court settlements and VAT…don’t settle for less
7 November 2019 Tax & Exchange Control

Out-of-court settlements and VAT…don’t settle for less

Parties to a legal dispute may often find themselves opting for an ‘out-of-court’ settlement as opposed to a protracted court battle where the outcome is uncertain and the legal costs high. On some level, an out-of-court settlement should represent a win for both parties. However, where the parties are VAT vendors, it is often the party receiving the settlement payment that is left with a slightly bitter taste in its mouth if VAT was not taken into consideration when agreeing on the settlement amount payable.

Are sureties still liable for a debt if the original causa is based on an invalid contract?
6 November 2019 Dispute Resolution

Are sureties still liable for a debt if the original causa is based on an invalid contract?

The Constitutional Court dealt with this question in Shabangu v Land and Agricultural Development Bank of South Africa & Others [2019] ZACC 42. The applicant and others stood as sureties for a loan agreement entered into between the Land and Agricultural Development Bank of South Africa (Land Bank) and Westside Trading 570 (Pty) Ltd (Westside) for the development of urban property.

The Big Catch: They’ve resigned. Can they compete with my company?
6 November 2019 Corporate & Commercial

The Big Catch: They’ve resigned. Can they compete with my company?

So they’ve resigned – now what? Can the fiduciary duties as a director of a company extend post-resignation, and if so, to what extent? Are they prohibited from then re-entering the industry as a competitor of your company? This article looks to address these common concerns that companies often have in respect of departing directors.

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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.

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Proposed gambling tax draft legislation
26 June 2019 Tax & Exchange Control

Proposed gambling tax draft legislation

Louis Botha, Associate in the Tax & Exchange Control practice, joined eNCA to discuss the proposed gambling tax draft legislation that will be introduced during 2019.

Unemployment rate in South Africa
17 May 2019 Employment

Unemployment rate in South Africa

It was recently announced that South Africa's unemployment rate has increased to 27.6% in the first quarter of this year. Employment Director Hugo Pienaar joined eNews Channel Africa to discuss this.

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Debt recovery and prescription of claims after 3 years
27 August 2019 Dispute Resolution

Debt recovery and prescription of claims after 3 years

Zanele Ngakane, Senior Associate in the Dispute Resolution practice, features on @YFM's 'The Shakedown' to discuss debt recovery and prescription of claims after 3 years. Tune in to 'The Shakedown' every Tuesday between 1pm and 2pm to catch LawyeredUp, a weekly feature where Zanele talks through various legal issues.

Female approach to bring back humanity into the legal profession
23 August 2019 Pro Bono & Human Rights

Female approach to bring back humanity into the legal profession

While the South African law industry is still largely male-dominated, a small team of female lawyers in the Pro Bono & Human Rights practice at CDH are using their unique female approach to bring a touch of humanity back into the legal profession. Tricia Erasmus, Senior Associate in our Pro Bono & Human Rights practice joined Channel Africa to discuss further.