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Legal challenges around dealing with cybercriminals
31 July 2019 Corporate Investigations

Legal challenges around dealing with cybercriminals

Zaakir Mohamed, a Director in the Corporate Investigations sector of CDH's Dispute Resolution practice, contributed to a Carte Blanche insert on cybercrime and email scams. In it, he explains the legal challenges around dealing with cybercriminals. Forward to 7 minutes to watch his interview.

Privatising taxation: The future of legal costs recovery
31 July 2019 Dispute Resolution

Privatising taxation: The future of legal costs recovery

Taxation is the process that is followed to assess costs usually paid by the losing party once the courts in civil litigation have handed down an order. Since costs in litigation can be considerable, the level of costs recovery is important for the winner.

Common law set-off in credit agreements given the boot?
31 July 2019 Dispute Resolution

Common law set-off in credit agreements given the boot?

In a previous Alert we dealt with the question of whether credit providers’ right to apply set-off is regulated by the common-law only or whether credit providers are subject to the National Credit Act’s more onerous requirements regarding set-off. Our 2017 article mentioned that the National Credit Regulator had approached the High Court for clarity on the meaning of the National Credit Act’s set-off provisions: Section 90 and section 124. On 27 June 2019, the High Court delivered its judgment.

The applicability of the Financial Advisory and Intermediary Services Act to cryptocurrency assets
31 July 2019 Corporate & Commercial

The applicability of the Financial Advisory and Intermediary Services Act to cryptocurrency assets

Recently, we have been approached by several people who wanted to know how and whether South African financial services legislation applies to persons who wish to provide advice to third parties who are interesting in investing in cryptocurrencies. Specifically, they want to know whether or not they need to be licensed as “financial services providers” in terms of the Financial Advisory and Intermediary Services Act, 2002 (FAIS).

#sorrynotsorry: No freedom to falsely criticise your employer in the media
29 July 2019 Employment

#sorrynotsorry: No freedom to falsely criticise your employer in the media

In the matter of Joseph Nzimande and two others v Didben NO and Others, the applicants were dismissed for making false statements to the media, bringing the name of their employer into disrepute and failing to obey an instruction to them to raise their grievances through the recognised internal channels.

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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.

Compliance is key: Guidance from SARS on audit certificate provisions applicable to PBOs
5 July 2019 Tax & Exchange Control

Compliance is key: Guidance from SARS on audit certificate provisions applicable to PBOs

When charitable organisations ask members of the public for donations, they often promise donors that the donation will be deductible and that they will issue the donor with a so-called “section 18A certificate”. Section 18A of the Income Tax Act, No 58 of 1962 (Act) states that the entities referred to in that section, including certain public benefit organisations (PBOs), can issue receipts to donors which will entitle such donors to a tax deduction.

Relocate your property disputes
3 July 2019 Real Estate

Relocate your property disputes

The South African court system has been under pressure for a long time and this has been recognised by our legislature which, together with the courts themselves and other key participants, has been on a mission to lighten the weight on our courts’ shoulders. Significantly, there have been recent developments in South African property law which have contributed toward this objective.

Creditors v fraudsters – the gloves come off
3 July 2019 Dispute Resolution

Creditors v fraudsters – the gloves come off

It was Nassim Nicholas Taleb who said, “If you see fraud and do not say fraud, you are a fraud”. In the case of the National Credit Regulator v Southern African Fraud Prevention Services NPC (560/2018) [2019] ZASCA 92 (3 June 2019) the overarching question that had to be resolved by the Supreme Court of Appeal (SCA) is for how long the Southern African Fraud Prevention Services NPC (SAFPS)’s obligation to cry ‘fraud!’ persists.

Warning: Defendants may lose their homes for failure to comply with rules 46 and 46a at summary judgment stage
3 July 2019 Dispute Resolution

Warning: Defendants may lose their homes for failure to comply with rules 46 and 46a at summary judgment stage

Summary judgment is a mechanism utilised by plaintiffs in action proceedings when it is believed that the defendant does not have a bona fide defence to the plaintiff’s claim and has simply entered an appearance to defend in order to delay the matter. Essentially, it prevents the abuse of the court process by the defendant. On 6 June 2019, the Supreme Court of Appeal (SCA) in the case of NPGS Protection and Security Services CC and Another v FirstRand Bank Ltd (314/2018) [2019] ZASCA 94 had to consider the relationship between summary judgment applications and the requirements established in the Uniform Rules of Court relating to foreclosures on primary residences.

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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).

SAHRC vs Sunette Bridges
21 January 2015 Dispute Resolution

SAHRC vs Sunette Bridges

The South African Human Rights Commission (SAHRC) was at the Equality Court of South Africa today, located at the Western Cape High Court on Tuesday 20th January 2015, concerning a case it has lodged against Afrikaans singer Sunette Bridges.

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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.

Retrenchment processes by employers
2 June 2016 Employment

Retrenchment processes by employers

Aadil Patel, director and national practice head for the Employment practice talks about ways for companies to retrench and cut costs within the right side of the law.

Employee behaviour on social media
16 May 2016 Employment

Employee behaviour on social media

Samiksha Singh, a Partner in the Employment practice at Cliffe Dekker Hofmeyr (CDH) provides critical insights into the employer-employee relationship; and how an employee's improper behaviour on-line may result in their employer taking action against them. Samiksha, a social media legal expert, provides a stimulating and current insight into this rapidly changing landscape and how both employers and employees need to proceed to avoid costly pitfalls.

Signing of  the tax legislation into law
16 May 2016 Tax & Exchange Control

Signing of the tax legislation into law

The Congress of South African Trade Unions (Cosatu) has criticised Jacob Zuma for signing the controversial tax legislation into law. Cosatu has threatened that this approach by government will complicate the campaign for upcoming local government elections. Interviewed is Cosatu National spokesperson, Mr Sizwe Pamla. Ruaan van Eeden, director in the Tax and Exchange Control practice, gives further perspective on this issue.