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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.

Deathly negligence and jail time for doctors, engineers and directors
15 May 2019 Dispute Resolution

Deathly negligence and jail time for doctors, engineers and directors

A gynaecologist, practising in Witbank, recently received a five-year direct imprisonment sentence for negligently causing the death of a woman in labour. The sentence may seem too harsh for a first offender but the conviction was based on multiple counts of negligence committed by the doctor and not one act alone. A medical practitioner is expected to exercise the degree of skill and care of a reasonably skilled practitioner in their field. When the court decides reasonableness, it will have regard to the general level of skill and diligence possessed and exercised by members of that branch of the profession.

The pursuit of certainty, in good faith
15 May 2019 Corporate & Commercial

The pursuit of certainty, in good faith

In Trustees for the time being of the Oregon Trust (Oregon Trust) v BEADICA 231 CC and Others (74/2018) [2019] ZASCA 29 (28 March 2019) (Oregon Trust Case), the Supreme Court of Appeal (SCA) again grappled with the competing concepts of fairness, reasonableness and good faith (Good Faith) on the one hand and legal certainty on the other. Good Faith as a value playing a role in our law is well established, however, the interpretation and limitation of the application of Good Faith has a somewhat inconsistent history.

Sectional Title Owners – is common property yours to fight for?
13 May 2019 Real Estate

Sectional Title Owners – is common property yours to fight for?

Can individual owners of units in sectional title schemes institute proceedings in respect of activities occurring on common property within a sectional title scheme? In Spilhaus Property Holdings (Pty) Limited and Others v MTN and Another [2019] ZACC 16, the Constitutional Court questions whether the Sectional Titles Act, No 95 of 1986 (STA) deprives an owner in a sectional title scheme of the legal standing to enforce its rights in respect of a zoning scheme regulation where such breach of the zoning scheme regulation occurs on the common property.

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Deathly negligence and jail time for doctors, engineers and directors
15 May 2019 Dispute Resolution

Deathly negligence and jail time for doctors, engineers and directors

A gynaecologist, practising in Witbank, recently received a five-year direct imprisonment sentence for negligently causing the death of a woman in labour. The sentence may seem too harsh for a first offender but the conviction was based on multiple counts of negligence committed by the doctor and not one act alone. A medical practitioner is expected to exercise the degree of skill and care of a reasonably skilled practitioner in their field. When the court decides reasonableness, it will have regard to the general level of skill and diligence possessed and exercised by members of that branch of the profession.

The pursuit of certainty, in good faith
15 May 2019 Corporate & Commercial

The pursuit of certainty, in good faith

In Trustees for the time being of the Oregon Trust (Oregon Trust) v BEADICA 231 CC and Others (74/2018) [2019] ZASCA 29 (28 March 2019) (Oregon Trust Case), the Supreme Court of Appeal (SCA) again grappled with the competing concepts of fairness, reasonableness and good faith (Good Faith) on the one hand and legal certainty on the other. Good Faith as a value playing a role in our law is well established, however, the interpretation and limitation of the application of Good Faith has a somewhat inconsistent history.

Sectional Title Owners – is common property yours to fight for?
13 May 2019 Real Estate

Sectional Title Owners – is common property yours to fight for?

Can individual owners of units in sectional title schemes institute proceedings in respect of activities occurring on common property within a sectional title scheme? In Spilhaus Property Holdings (Pty) Limited and Others v MTN and Another [2019] ZACC 16, the Constitutional Court questions whether the Sectional Titles Act, No 95 of 1986 (STA) deprives an owner in a sectional title scheme of the legal standing to enforce its rights in respect of a zoning scheme regulation where such breach of the zoning scheme regulation occurs on the common property.

Slamming the door on the indecisive
13 May 2019 Employment

Slamming the door on the indecisive

The protracted dispute between Karin Steenkamp and 1817 Others and Edcon Limited was brought before the Constitutional Court for a second time, but with a different legal basis. This turbulent matter concerned a mass retrenchment whereby approximately 3,000 employees where dismissed between 2013 and 2015.

Investing abroad? The foreign investment allowance is at your disposal
10 May 2019 Tax & Exchange Control

Investing abroad? The foreign investment allowance is at your disposal

It is common nowadays for South African persons to diversify their investment portfolio and to invest in foreign jurisdictions. When doing so, South African residents must ensure that they transfer funds abroad in a manner that complies with South Africa’s exchange control rules. In our Tax & Exchange Control Alert of 6 October 2017, we explained how South African resident individuals can make use of their annual single discretionary allowance (SDA) of R1 million, to transfer and take funds abroad without the prior approval of the South African Reserve Bank (SARB) and without first having to obtain a tax clearance certificate.

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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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Dispute Resolution between Foreign Investor and Host Government
14 February 2019 Dispute Resolution

Dispute Resolution between Foreign Investor and Host Government

Investment treaties generally contain a dispute resolution provision for the resolution of disputes between an investor and a host government in relation to certain alleged violations of an applicable treaty. These investment treaties also provide for the steps/mechanism to trigger a potential investor-state arbitration against a host government.

Mitigating Political Risk for Foreign Investment
7 February 2019 Dispute Resolution

Mitigating Political Risk for Foreign Investment

Political Risk broadly refers to a political event within a country that may materially affects the projected profitability or legal framework of an investment or a particular project. The most common political risk factor is usually the risk of expropriation or nationalisation.

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Samiksha Singh discusses labour law issues
13 March 2019 Employment

Samiksha Singh discusses labour law issues

Samiksha Singh, Director in the Employment Practice featured on Cape Pulpit discussing poor performance in the workplace. She discusses performance management hearings and the importance of engagement between employer and employee.

The forth Industrial Revolution
8 March 2019 Employment

The forth Industrial Revolution

Anli Bezuidenhout, Senior Associate in the Employment Law Practice, discusses how employers should start evaluating the impact that the 4th Industrial Revolution will have on their businesses Cape Talk's Early Breakfast show.