Latest News

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

subscribe to updates

Loading...

Cybercrime in South Africa - attorneys fall victim to cyber fraud
18 February 2020 Technology, Media & Telecommunications

Cybercrime in South Africa - attorneys fall victim to cyber fraud

The prevalence of cybercrime in South Africa is on the rise – confirmed by Acting Judge Klein in the recent judgment of Fourie v Van Der Spuy and De Jongh Inc. 2019 JDR 1801 (GP), who remarked on this while pronouncing on a case in which a law firm fell victim to hackers at the expense of their client.

What’s an Oscar without employment rights?
17 February 2020 Employment

What’s an Oscar without employment rights?

On 11 December 2019 the Department of Employment and Labour published a notice in the Government Gazette informing the public of its intention to deem individuals working in the Film and Television industry as employees. Such workers are currently classified as independent contractors. If passed, the effect would be to vest these individuals with various rights in terms of certain employment-related legislation.

In with the Consumer Protection Act and out “with a shove of the foot”
17 February 2020 Real Estate

In with the Consumer Protection Act and out “with a shove of the foot”

Impact of the Consumer Protection Act 68 of 2008 on the voetstoots clause. The Consumer Protection Act (CPA) promotes a fair, accessible and sustainable marketplace for consumer products and services, including the buying or selling of immovable property. The CPA provides for a statutory duty of disclosure. The CPA affects agreements concluded in the ordinary course of business by a developer, who supplies goods (property) to the purchaser of the said property. The result is that such property developer cannot exclude liability for defects in the property by way of a voetstoots clause in their sales agreement.

The expansion of the DTMC regime – a love letter to the South African business community?
14 February 2020 Tax & Exchange Control

The expansion of the DTMC regime – a love letter to the South African business community?

2020 began with the World Bank downwardly revising South Africa’s GDP growth forecast for 2020 to 0,9%, in its Global Economic Prospects report. Some believe that the implementation of the Africa Continental Free Trade Agreement (AFCFTA), to which South Africa is a signatory, may improve South Africa’s growth prospects. Furthermore, in the speech on the 2019 Medium-Term Budget Policy Statement (MTBPS) Minister Mboweni announced that “[t]o promote investment and reduce unnecessary burdensome approvals, by Budget Day, the South African Reserve Bank will propose a more modern, transparent and risk-based approvals framework for cross-border flows…To support regional integration, the HoldCo regime will be extended to all banks.”

Loading...

Cybercrime in South Africa - attorneys fall victim to cyber fraud
18 February 2020 Technology, Media & Telecommunications

Cybercrime in South Africa - attorneys fall victim to cyber fraud

The prevalence of cybercrime in South Africa is on the rise – confirmed by Acting Judge Klein in the recent judgment of Fourie v Van Der Spuy and De Jongh Inc. 2019 JDR 1801 (GP), who remarked on this while pronouncing on a case in which a law firm fell victim to hackers at the expense of their client.

What’s an Oscar without employment rights?
17 February 2020 Employment

What’s an Oscar without employment rights?

On 11 December 2019 the Department of Employment and Labour published a notice in the Government Gazette informing the public of its intention to deem individuals working in the Film and Television industry as employees. Such workers are currently classified as independent contractors. If passed, the effect would be to vest these individuals with various rights in terms of certain employment-related legislation.

In with the Consumer Protection Act and out “with a shove of the foot”
17 February 2020 Real Estate

In with the Consumer Protection Act and out “with a shove of the foot”

Impact of the Consumer Protection Act 68 of 2008 on the voetstoots clause. The Consumer Protection Act (CPA) promotes a fair, accessible and sustainable marketplace for consumer products and services, including the buying or selling of immovable property. The CPA provides for a statutory duty of disclosure. The CPA affects agreements concluded in the ordinary course of business by a developer, who supplies goods (property) to the purchaser of the said property. The result is that such property developer cannot exclude liability for defects in the property by way of a voetstoots clause in their sales agreement.

The expansion of the DTMC regime – a love letter to the South African business community?
14 February 2020 Tax & Exchange Control

The expansion of the DTMC regime – a love letter to the South African business community?

2020 began with the World Bank downwardly revising South Africa’s GDP growth forecast for 2020 to 0,9%, in its Global Economic Prospects report. Some believe that the implementation of the Africa Continental Free Trade Agreement (AFCFTA), to which South Africa is a signatory, may improve South Africa’s growth prospects. Furthermore, in the speech on the 2019 Medium-Term Budget Policy Statement (MTBPS) Minister Mboweni announced that “[t]o promote investment and reduce unnecessary burdensome approvals, by Budget Day, the South African Reserve Bank will propose a more modern, transparent and risk-based approvals framework for cross-border flows…To support regional integration, the HoldCo regime will be extended to all banks.”

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...

Things to know about lying on your CV
18 September 2019 Employment

Things to know about lying on your CV

Bheki Nhlapo, Associate in the Employment practice joins the Business Unusual Show on Newzroom Afrika. He discusses the National Qualifications Framework Amendment Act, CV misrepresentation and its implications.

The landscape for women in law
29 August 2019 Pro Bono & Human Rights

The landscape for women in law

National Practice Head and Director in the Pro Bono & Human Rights practice, Jacquie Cassette, recently joined SABC's Morning Live to discuss the landscape for women in law.

Loading...

The voluntary liquidation of Bosasa
12 December 2019 Business Rescue, Restructuring & Insolvency

The voluntary liquidation of Bosasa

Kylene Weyers, Senior Associate in the Dispute Resolution practice joined Smile FM to discuss the voluntary liquidation of Bosasa and the SCA judgment which has widened the scope of SA insolvency law, emphasising important legal principles relating to the meaning and timing of ''commercial solvency''.

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.