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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).

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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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Exclusivity concerns must be merger-specific
2 September 2014 Competition

Exclusivity concerns must be merger-specific

In two separate merger decisions, issued by the Competition Tribunal (Tribunal) days apart, the Tribunal deviated from the Competition Commission's (Commission) recommendations that the transactions concerned be conditionally approved.

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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.

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.