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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.

Furnishing of security: Are all employers equal?
8 July 2019 Employment

Furnishing of security: Are all employers equal?

The obligation to furnish security in order to stay the enforcement of an arbitration award pending the outcome of review proceedings can be onerous. The requirement is aimed primarily at preventing meritless review proceedings. Whether public sector employers are obliged to provide security or are prohibited from doing so in terms of the Local Government: Municipal Finance Management Act, No 56 of 2003 (MFMA) or Public Finance Management Act, No 1 of 1999 (PFMA) was the question answered by the Labour Appeal Court (LAC) in a judgment handed down in March 2019 in the case of City of Johannesburg v SAMWU obo Monareng and Another (JA 120/2017).

Freedom of expression or incitement to commit an offence? A constitutional challenge
8 July 2019 Employment

Freedom of expression or incitement to commit an offence? A constitutional challenge

On 4 July 2019, the North Gauteng High Court handed down judgment in the case of The EFF and other v Minister of Justice and Constitutional Development and other (87638/2017 and 45666/2017) in which the EFF and Julius Malema (the applicants) sought to have s18(2)(b) of the Riotous Assemblies Act, No 17 of 1956 (Riotous Act) declared unconstitutional.

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Legal professional privilege protection available to taxpayers too
14 June 2019 Tax & Exchange Control

Legal professional privilege protection available to taxpayers too

In a litigious context, the doctrine of legal professional privilege provides that communications between an attorney and a client are protected from disclosure in litigious proceedings. The protection afforded to a litigant in terms of this doctrine is aimed at encouraging and protecting the full and honest disclosure of information by clients to their legal advisors when seeking legal advice, which is necessary for the proper functioning of the South African adversarial system of litigation.

The use of automated transaction monitoring systems for detecting and submitting regulatory reports to the Financial Intelligence Centre
12 June 2019 Corporate Investigations

The use of automated transaction monitoring systems for detecting and submitting regulatory reports to the Financial Intelligence Centre

In compliance with its international obligations to combat, amongst others, money laundering and terrorist financing, South Africa promulgated the Financial Intelligence Centre Act, No 38 of 2001 (FICA). The Financial Intelligence Centre (FIC) was established in terms of chapter 1 of FICA and is recognised as South Africa’s national centre for the receipt of financial data, analysis and dissemination of financial intelligence to the competent authorities. Its mandate includes, amongst others, the responsibility to identify the proceeds of crime, combat money laundering and terrorist financing.

A win for domestic employees in South Africa
12 June 2019 Employment

A win for domestic employees in South Africa

According to the International Labour Organisation, there is an estimated 1.1 million domestic employees in South Africa working in private households. The majority of domestic workers in South Africa are women, with research indicating that as of 2010, the domestic worker sector was the third largest employer of women.

A guide to the Competition Amendment Act
10 June 2019 Competition

A guide to the Competition Amendment Act

With the reappointment of Ebrahim Patel to the Ministry responsible for oversight of competition enforcement, it is expected that he will focus his efforts on bringing the law into force as soon as possible.

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Court order outlines details of settlement between Sunette Bridges and the SAHRC
1 April 2015 Dispute Resolution

Court order outlines details of settlement between Sunette Bridges and the SAHRC

The South African Human Rights Commission (SAHRC) and Afrikaans singer Sunette Bridges have reached an agreement in their matter heard before the Equality Court of South Africa. The SAHRC, Western Cape, lodged a case at the Equality Court against Bridges during 2014 concerning the allegedly racist nature of the commentary on her Facebook page.

Deadline for complying with Temporary Employment Services stipulations is today
31 March 2015 Employment

Deadline for complying with Temporary Employment Services stipulations is today

31 March 2015 is the final date of the reprieve granted to employers to ensure that they comply with critical provisions relating to Temporary Employment Services (TES) contained in the Labour Relations Amendment Act (LRAA). Employees working for a TES (colloquially known as a labour broker) gain additional rights as from 1 April 2015.

The Power of Negotiation and Mediation
23 March 2015 Dispute Resolution

The Power of Negotiation and Mediation

The very nature of human beings is such that we can never be the same and we can never see life through the same lens. As a consequence, we will always see things differently and sometimes this leads to disputes.

Business Transfers and their effect on employees - a global guide evaluates South Africa's position
23 March 2015 Employment

Business Transfers and their effect on employees - a global guide evaluates South Africa's position

A report comparing labour legislation governing business transfers, in conjunction with 33 countries around the world, is the third comparative global guide of this nature to be released in South Africa. The DLA Piper Global Employment team put together the report entitled, A Global Employment Guide to Business Transfers, with Cliffe Dekker Hofmeyr contributing the South African chapter

Chambers Global Guide 2015 rankings released
16 March 2015 Competition

Chambers Global Guide 2015 rankings released

The Chambers Global Guide 2015 rankings have been released and Cliffe Dekker Hofmeyr has once again featured strongly in the South African rankings. Notably, the firm's Corporate/ M&A practice has moved from Band 2 into Band 1; and the Environmental practice has entered the rankings for the first time in Band 1. Band 1 rankings were also achieved for Capital Markets: Equity and the IT and Telecommunications practice. Banking and Finance, Capital Markets: Debt, Competition, Employment, Dispute Resolution, Projects and Energy and Tax received band 2 rankings. Overall, the firm was ranked in 13 practice areas, with 25 lawyers receiving rankings.

The Minister says slash UIF contributions
5 March 2015 Employment

The Minister says slash UIF contributions

The Minister of Finance, Nhlanhla Nene has proposed a temporary reduction in contributions by employers and employees to the Unemployment Insurance Fund (UIF), while keeping the benefits unchanged.

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Employment Equity Legislation
11 August 2016 Employment

Employment Equity Legislation

Hugo Pienaar, director in the Employment practice at CDH speaks to Ian Wessels and Igan Klynsmith about the employment equity legislation.

Employment Equity Act
11 August 2016 Employment

Employment Equity Act

Professor Hugo Pienaar, Director at CDH and former student at NWU talks about the Employment Equity Act.

The Sun International CEO Sleepout
19 July 2016

The Sun International CEO Sleepout

Gasant Orrie, Cape Managing Partner, shares CDH's involvement in the Sun International CEO Sleepout initiative and challenges other corporates in the industry to partake in the project.