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Publication of draft Upstream Petroleum Resources Development Bill, 2019 for public comment
3 February 2020 Oil & Gas

Publication of draft Upstream Petroleum Resources Development Bill, 2019 for public comment

The latter part of 2019 brought with it a series of developments for the oil and gas sector including the withdrawal of the Mineral Petroleum Resources Development Act Amendment Bill. The most notable development, however, was undoubtedly the publication of the long-awaited Upstream Petroleum Resources Development Bill (Bill) for public comment on 24 December 2019. The Bill aims to “make provision for equitable access to, and sustainable development of the nation’s petroleum resources”.

Waiver of legal professional privilege - practical considerations for tax disputes
31 January 2020 Tax & Exchange Control

Waiver of legal professional privilege - practical considerations for tax disputes

The communications between attorneys and their clients during litigious proceedings are protected from disclosure in terms of the doctrine of legal professional privilege. However, when a litigant expressly or implicitly waives such privilege, the protection afforded to the litigant will be lost and they may be compelled to disclose the relevant communication.

A new guard and new mandate to tackle corruption – part one
30 January 2020 Dispute Resolution

A new guard and new mandate to tackle corruption – part one

On 9 December last year, the world observed the United Nation’s International Anti-Corruption Day. In South Africa, it was pretty much a normal Monday. Scepticism still abounds in the country. Patience wearing thin, South Africans are tired of promises – they want action and they want it now! However, if one looks with eyes that see, and hopefully this article will facilitate this ability, it is clear that such action is already in motion.

Employers rights to privacy
30 January 2020 Employment

Employers rights to privacy

Michael Yeates, Director in the Employment practice talks about the implications an employee can face for recording an employer.

Is the exclusion of minority trade unions from retrenchment negotiations constitutional?
30 January 2020 Employment

Is the exclusion of minority trade unions from retrenchment negotiations constitutional?

In AMCU and others v Royal Bafokeng Platinum Ltd and others (CCT 181/18 dated 23 January 2020), the Constitutional Court was requested to consider whether the provisions of section 189(1) of the Labour Relations Act (LRA) were constitutionally valid. In this case, the collective agreement regulating with whom the employer should consult in a large scale retrenchment process, was concluded by the employer with the majority trade union, NUM, and extended to bind the members of a minority union, AMCU. The union UASA was a signatory to this collective agreement.

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Employee unchained
20 January 2020 Employment

Employee unchained

Today it is common place to find a restraint of trade in almost every contract of employment you see. It is a mechanism that is being utilised more frequently as the world of commerce becomes ever more competitive.

“What you do have is my word. And it’s stronger than oak.”
15 January 2020 Dispute Resolution

“What you do have is my word. And it’s stronger than oak.”

It is still fairly common for parties to “shake on it”. Parties often discuss terms of an agreement before formally putting it into writing. Parties are also known to verbally agree to amendments to a contract. Disputes often arise when such terms are not included in the written agreement, especially when the written agreement doesn’t include a “whole agreement clause” (a clause which states that the written agreement contains all the provisions the parties agreed on, and supersedes and novates in its entirety any previous understandings or agreements in respect thereof) and/or a “non-variation clause” (a clause which states that no addition to or variation, deletion, or agreed cancellation of all or any clauses or provisions of the agreement will be of any force or effect unless in writing and signed by the parties).

Not as speedy as its predecessor: The new Rule 32
15 January 2020 Dispute Resolution

Not as speedy as its predecessor: The new Rule 32

1 July 2019 marked the end of an era. An era where Rule 32 of the Uniform Rules of Court could be used as a “speedy” relief. In this article we will refer to the unamended Rule 32 as the old Rule 32 and the amended Rule 32 as the new Rule 32.

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Commission grants conditional exemption to the National Hospital Network
14 October 2014 Competition

Commission grants conditional exemption to the National Hospital Network

The National Hospital Network (NHN), a network of independently owned private hospitals earlier this year applied for an exemption in terms of section 10 of the Competition Act, 89 of 1998 (the Act). Section 10 of the Act provides for very limited instances in which a firm can apply for an exemption from Chapter 2 of the Act, relating to prohibited practices (horizontal, vertical and abuse of dominance).

Competition Commission investigates automotive industry
14 October 2014 Competition

Competition Commission investigates automotive industry

The Competition Commission (Commission) announced today (Monday 13 October) that it was investigating various instances of collusive conduct in the market for the manufacture and supply of automotive components used to manufacture motor vehicles.

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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.