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The power of a court when a settlement agreement is not preceded by litigation
19 June 2019 Dispute Resolution

The power of a court when a settlement agreement is not preceded by litigation

“We have frequently pointed out that the court is not a registry of obligations. Where persons enter into an agreement, the obligee’s remedy is to sue on it, obtain judgment and execute.” Those were the words of the full bench more than 66 years ago in Mansell v Mansell 1953 (3) SA 716 (N) at 721. This aligns to the generally accepted principle that courts of law exist for the settlement of concrete controversies and actual infringements of rights, not to pronounce upon abstract questions, or to advise upon differing contentions, however important.

Samiksha Singh discusses probationary periods
18 June 2019 Employment

Samiksha Singh discusses probationary periods

Samiksha Singh, a Director in the Employment practice features on the Get up and go Breakfast Show on Cape Pulpit. She discusses probationary periods, and what employers need to do during this period.

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.

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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.

Neighbouring building plans ruining your scenery? Constitutional Court rules that legitimate expectations of property owners should be considered
6 May 2019 Dispute Resolution

Neighbouring building plans ruining your scenery? Constitutional Court rules that legitimate expectations of property owners should be considered

On 19 February 2019, the Constitutional Court (CC) handed down its judgment in the consolidated matters of Trustees of the Simcha Trust v Da Cruz and Others and City of Cape Town v Da Cruz and Others (Simcha Trust) in which it had to decide whether there was an obligation on local authorities considering a building application, to apply the legitimate expectations test when considering whether the surrounding area where the building is to be erected would likely be disfigured or whether such a building would be unsightly or objectionable.

Those who allege may not need to prove: The “appropriate relief” exception
6 May 2019 Dispute Resolution

Those who allege may not need to prove: The “appropriate relief” exception

It is a general principle in our law that those who allege before a court that they are entitled to succeed in their claim bear the onus to prove their entitlement. In a recent case, the Supreme Court of Appeal, in awarding the Appellants “appropriate relief”, paid short shrift to this general principle, thereby creating a precedent that may have unintended consequences.

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Cliffe Dekker Hofmeyr is once again South Africa's number one large law firm
2 March 2015

Cliffe Dekker Hofmeyr is once again South Africa's number one large law firm

Cliffe Dekker Hofmeyr has once again been named South Africa's No. 1 Large Law Firm in the PMR Africa client research report. The firm scored 4.27 out of a possible five, the highest ranking in the category. This is the 5th consecutive year that Cliffe Dekker Hofmeyr has won this award. The firm also recently took top honours in the DealMakers Awards for M&A deal flow and deal value, as well as for deal flow in the corporate finance transaction tables. In addition, the firm recently claimed 1st place by deal count and 4th place by deal value in the Africa and Middle East region of Mergermarket's M&A 2014 Global League Tables.

Labour Legislation: three down, one to go
20 February 2015 Employment

Labour Legislation: three down, one to go

The much anticipated employment services regulations are soon to be published for public comment. According to the Labour Minister Mildred Olifant, the regulations will be published as soon as they have been ratified.

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.

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Tax Law Amendment Act
16 May 2016 Tax & Exchange Control

Tax Law Amendment Act

The ministry of finance says that the 2015 Tax Law Amendment Act provisions relating to retirement will come into force on 1 March 2016, however the annuitization requirement for provident fund will be postponed to the 1 March 2018 but some tax experts are concerned that the delays will hit consumers in the long term. Ruaan van Eeden, director in the Tax and Exchange Control practice explains the implications of this latest development.

Johan Jacobs talks about the budget speech
16 May 2016 Trusts & Estates

Johan Jacobs talks about the budget speech

Johann Jacobs, national practice head and director in the Trust and Estates practice talks about the budget speech which was delivered by the finance minister from trusts tax perspective.

Employment tax incentives
10 March 2016 Tax & Exchange Control

Employment tax incentives

Nicole Paulsen, associate in the Tax and Exchange Control practice speaks about employment tax incentives and how it expires.