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Claiming “COVID-19 made me do it” simply isn’t good enough when deciding to defer or cancel the declaration or payment of a dividend
8 April 2020 Corporate & Commercial

Claiming “COVID-19 made me do it” simply isn’t good enough when deciding to defer or cancel the declaration or payment of a dividend

The national lock-down and the international effects of the COVID-19 pandemic have wreaked havoc on companies’ cash flows and have in many cases made it very difficult to predict their short to medium term liquidity position with any degree of confidence. Many JSE-listed companies have therefore been desperately scrambling to cancel or defer their payment obligations in respect of dividends already declared or are hurriedly devising strategies to avoid declaring dividends at all. These companies, while appearing to have good commercial reasons for doing so, should ensure that their actions are lawful and that they do not expose themselves to legal risk.

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The “app-turn” of personal service
1 April 2020 Dispute Resolution

The “app-turn” of personal service

The right to access to adequate housing is guaranteed in terms of section 26 of the Constitution. Accordingly, the courts apply very stringent measures in assessing proper service of Rule 46A applications which relate to execution against primary residences. In terms of Rule 46A(3)(d), “Every notice of application to declare residential immovable property executable shall be served by the sheriff on the judgment debtor personally: Provided that the court may order service in any other manner.”

Taking stock: Competition law’s response to the novel COVID-19 outbreak
1 April 2020 Competition

Taking stock: Competition law’s response to the novel COVID-19 outbreak

The outbreak of the COVID-19 pandemic has resulted in the declaration of a National Disaster by President Cyril Ramaphosa in terms of the Disaster Management Act 57 of 2002, and the subsequent enforcement of a 21-day national lockdown from 27 March 2020, in efforts to contain the spread of the virus. To facilitate this novel governmental prescript, several areas of law - including competition, have had to be swiftly customised to curb exploitative and panic-driven conduct during this National Disaster.

PART 2: Draft Upstream Petroleum Resources Development Bill, 2019: transitional provisions pertaining to existing permit and right holders and existing applications
1 April 2020 Oil & Gas

PART 2: Draft Upstream Petroleum Resources Development Bill, 2019: transitional provisions pertaining to existing permit and right holders and existing applications

In part two in our series of articles on the draft Upstream Petroleum Resources Development Bill, 2019 (the Petroleum Bill) we focus on the transitional provisions relating to existing permit and right holders as well as the status of existing applications submitted under the Mineral and Petroleum Resources Development Act 28 of 2002 (the MPRDA).

COVID-19 Block Exemption from provisions of the Competition
1 April 2020 Real Estate

COVID-19 Block Exemption from provisions of the Competition

In an attempt to strengthen the Government’s programs designed to fight COVID-19, after a National State of Disaster was declared on 15 March 2020, the Department of Trade and Industry and Competition (DTIC) published regulations (Regulations) in terms of section 10(10) of the Competition Act 89 of 1998 (Act). The Regulations came into effect on 24 March 2020 and will remain in operation for as long as the declaration of COVID-19 as a national disaster subsists or until they are withdrawn by the Minister, whichever occurs first.

CDH announces two Director promotions
1 April 2020

CDH announces two Director promotions

Commercial law firm Cliffe Dekker Hofmeyr (CDH) is proud to announce the promotion of two Senior Associates to Directors, effective 1 April 2020. These appointments include Jerain Naidoo from the firm’s Corporate and Commercial practice and Jerome Brink in the Tax and Exchange Control practice.

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Cliffe Dekker Hofmeyr's formidable achievement at the DealMakers Awards cements the firms position as No1 Deal Partner
18 February 2015 Corporate & Commercial

Cliffe Dekker Hofmeyr's formidable achievement at the DealMakers Awards cements the firms position as No1 Deal Partner

For the sixth year in a row, business law firm Cliffe Dekker Hofmeyr has advised on more Mergers and Acquisitions (M&A) deals than any other law firm in South Africa. The firm has taken top honours in the DealMakers Awards for M&A deal flow since 2009. Concluding a total of 108 deals in 2014, representing 28.35% of market share, secured first place for Cliffe Dekker Hofmeyr's M & A team in the M&A Deal Flow tables. The team’s M&A deals in 2014 had a combined value of R155,6bn, representing 22.53% of market share, also securing the firm the number one spot on the Legal Advisers M&A Deal Value table. In addition, the firm was also first for Deal Flow in the Corporate Finance transactions legal adviser tables, having advised on 40 corporate finance deals in 2014, 24.24% of market share.

Cliffe Dekker Hofmeyr's formidable achievement at the DealMakers Awards cements the firms position as No1 Deal Partner
18 February 2015 Corporate & Commercial

Cliffe Dekker Hofmeyr's formidable achievement at the DealMakers Awards cements the firms position as No1 Deal Partner

For the sixth year in a row, business law firm Cliffe Dekker Hofmeyr has advised on more Mergers and Acquisitions (M&A) deals than any other law firm in South Africa. The firm has taken top honours in the DealMakers Awards for M&A deal flow since 2009. Concluding a total of 108 deals in 2014, representing 28.35% of market share, secured first place for Cliffe Dekker Hofmeyr's M & A team in the M&A Deal Flow tables. The team’s M&A deals in 2014 had a combined value of R155,6bn, representing 22.53% of market share, also securing the firm the number one spot on the Legal Advisers M&A Deal Value tables. In addition, the firm was also first for Deal Flow in the Corporate Finance transactions legal adviser tables, having advised on 40 corporate finance deals in 2014, 24.24% of market share.

What makes for a winning law firm in current economic conditions?
13 February 2015 Corporate & Commercial

What makes for a winning law firm in current economic conditions?

The anaemic domestic economic environment in South Africa made 2014 a challenging year. Like our clients, we have had to consider various aspects of our firm's business in order to ensure robust and sustainable performance, without sacrificing excellent quality of service and client care.

Right2Know Campaign & South African History Archive Trust // Minister of Police and Another
23 January 2015 Pro Bono & Human Rights

Right2Know Campaign & South African History Archive Trust // Minister of Police and Another

On 22 January 2015, Cliffe Dekker Hofmeyr's Pro Bono and Human Rights practice received notice from the State Attorney that the Minister of Police and the SAPS' National Deputy Information Officer had withdrawn their application for leave to appeal the recent decision of the High Court, granting the Right2Know Campaign (R2K) and the South African History Archives Trust (SAHA) access to the list of National Key Points declared in terms of the National Key Points Act (the Key Points Act).

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Weed in the workplace
23 May 2017 Employment

Weed in the workplace

Employment Director Jose Jorge discusses the recent court case in the Western Cape High Court relating to the use of cannabis in the privacy of your home and how it could, if the Bill is passed, affect the workplace.

Research on sexual harassment during times of junk status
5 May 2017 Employment

Research on sexual harassment during times of junk status

Aadil Patel (Head of our Employment practice), Fatima Moosa (National HR Manager) and Mariella Noriega Del Valle (HR Intern) participated in a discussion with Naledi on The Talk Shop on SAFM as to whether the risk of workplace abuses - particularly sexual harassment – is likely to increase during these turbulent economic times.

The provision of free or low-cost transport services
20 April 2017 Tax & Exchange Control

The provision of free or low-cost transport services

Tax and Exchange Control Associate Designate Louis Botha chatted to Ayabonga Cawe on Power FM's Power Hour on Tuesday, 18 April, about whether the provision of free or low-cost transport services by employers to their employees, to convey them between their homes and place of employment, constitutes a taxable fringe benefit, the value attached to such benefit and two recent rulings issued by SARS regarding this issue.

SANRAL is owed more than R11 billion
2 December 2016 Dispute Resolution

SANRAL is owed more than R11 billion

Pieter Conradie, Executive Consultant in our Dispute Resolution practice, gives more information as to why so much money is owed to South African National Roads Agency (SANRAL)