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The SCA provides clarity on the power of the CIPC to investigate matters
30 January 2020 Corporate & Commercial

The SCA provides clarity on the power of the CIPC to investigate matters

From prescription to pending civil litigation, the Supreme Court of Appeal (SCA) in Singh & Others v The Companies and Intellectual Property Commission and others (822/2018) [2019] ZASCA 69 (30 May 2019) has clarified the applicability of the limitations on the powers of the Companies and Intellectual Property Commission (Commission) to investigate a complaint.

What’s up with WhatsApp – Is it time to vary our non-variation clauses?
30 January 2020 Corporate & Commercial

What’s up with WhatsApp – Is it time to vary our non-variation clauses?

WhatsApp has become an integral part of many people’s lives and their preferred platform for communicating. WhatsApp is simple and convenient to use. It allows you to send messages, make and receive voice and video calls and it also potentially allows one to conclude contractual agreements as seen in the recent court decision in Kgopana v Matlala (1081/2018) [2019] ZASCA 174 (2 December 2019).

Should trade unions always have their members’ back?
29 January 2020 Employment

Should trade unions always have their members’ back?

Many employees join trade unions with the expectation of being represented in disciplinary hearings and retrenchments. This is on the belief that as long as one is a paying member, a trade union will always have your back. This begs the question whether or not trade unions should always represent their employees no matter the misconduct. This matter was recently dealt with by the Labour Court in Democratic Nursing Organisation of South Africa (DENOSA) obo Damaria Phemelo Ramaroane v MEC for Health, Gauteng Province [2019] JOL 45061 (LC).

Lying on your CV
24 January 2020 Employment

Lying on your CV

Steven Adams a Senior Associate in the Employment practice joined Pippa Hudson on Cape Talk. He was in a panel discussion which discussed the consequences of lying on your CV.

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The Property Practitioners Act: What is it all about?
15 January 2020

The Property Practitioners Act: What is it all about?

The President has recently signed into the law the Property Practitioners Act 22 of 2019 (Act). The date of commencement of the Act is still to be determined. However, those in the property industry ought to start getting to grips with the provisions of the Act as soon as possible.

Parental benefits finally introduced
13 January 2020 Employment

Parental benefits finally introduced

On 1 November 2019, the provisions of the Unemployment Insurance Act 63 of 2001 (UIA) were amended to pave the way for the introduction of parental leave benefits.

The Pro Bono & Human Rights Practice: A glimpse into 2019
11 December 2019 Pro Bono & Human Rights

The Pro Bono & Human Rights Practice: A glimpse into 2019

The Pro Bono & Human Rights Practice (the Pro Bono Practice) takes great pride and pleasure in reporting that, collectively Cliffe Dekker Hofmeyr Inc (CDH) donated over 9,342 hours (in excess of R21 million) in pro bono legal services to deserving individuals, organisations and causes during 2019.

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The South African Human Rights Commission vs Sunette Bridges
20 January 2015 Dispute Resolution

The South African Human Rights Commission vs Sunette Bridges

The South African Human Rights Commission (SAHRC) will be represented at the Equality Court of South Africa, at the Western Cape High Court on Tuesday 20th January at 11am concerning a case it has lodged against Afrikaans singer Sunette Bridges. Ms Bridges is accused of hosting commentary on her Facebook page that constitutes hate speech in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000 (Equality Act).

The Labour Relations Amendment Act has taken effect
12 January 2015 Employment

The Labour Relations Amendment Act has taken effect

On 1 January 2015 the Labour Relations Amendment Act (No.6 of 2014) (LRAA) took effect, with the exception of s37(c), and South African businesses now have to comply with the new obligations created in the Act.

Big win for banks against sureties in context of business rescue
5 December 2014 Dispute Resolution

Big win for banks against sureties in context of business rescue

On 1 December 2014 the Supreme Court of Appeal delivered what should be the final word (unless a constitutional court challenge is launched) on how courts will treat sureties who had stood and provided security for the debts of a company (principal debtor) that subsequently went into business rescue and had a business rescue plan adopted. Grant Ford, Director and Regional Practice Head of the Dispute Resolution practice at Cliffe Dekker Hofmeyr notes that up until this point, the question had been whether suretyships remain unaffected and enforceable in such circumstances.

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SANRAL vs. The City of Cape Town
14 October 2016 Dispute Resolution

SANRAL vs. The City of Cape Town

Pieter Conradie, Executive Consultant in the Dispute Resolution practice, discusses the latest judgement in the Supreme Court of appeal in the matter of SANRAL vs. the City of Cape Town.

Issues women face in the workplace
23 August 2016 Employment

Issues women face in the workplace

CDH director in the Employment practice, Samiksha Singh discuss issues women face in the workplace, such as gender pay gap, being seen as an inferior gender and other obstacles.