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CDH announces two Director promotions
1 April 2020

CDH announces two Director promotions

Commercial law firm Cliffe Dekker Hofmeyr (CDH) is proud to announce the promotion of two Senior Associates to Directors, effective 1 April 2020. These appointments include Jerain Naidoo from the firm’s Corporate and Commercial practice and Jerome Brink in the Tax and Exchange Control practice.

Take a number: The status of employees’ claims to remuneration in business rescue proceedings
31 March 2020 Dispute Resolution

Take a number: The status of employees’ claims to remuneration in business rescue proceedings

Business Rescue, introduced by Chapter 6 of the new Companies Act 71 of 2008 (the Act), is an innovation with profound implications. It aims to place a financially distressed company temporarily in intensive care with the sole objective of trying to rescue it, or put the company on a footing where there is a reasonable prospect that it could be rescued. It sets out a procedure whereby the company can either be restructured in order to continue running on a solvent basis, or for a business rescue plan to be developed that would result in a better return for shareholders and creditors than would result from the immediate liquidation of the company. Our courts are regularly called upon to consider and give meaning to Chapter 6, in particular the interplay between sections set out in Chapter 6 and the weighing up of rights of different stakeholders.

What are some of the data protection implications of COVID-19 in South Africa?
30 March 2020 Technology, Media & Telecommunications

What are some of the data protection implications of COVID-19 in South Africa?

In order to mitigate the spread of COVID-19 in South Africa, both public and private organisations will be required to implement data-sharing strategies and procedures in respect of COVID-19-related personal information. Organisations in the European Union – the current epicentre of the COVID-19 pandemic – are already in a position to implement such data-sharing strategies after having received guidance from European data protection regulators.

COVID-19: Cyber security concerns
30 March 2020 Technology, Media & Telecommunications

COVID-19: Cyber security concerns

As a response to the outbreak and increasing number of COVID-19 cases, more companies and organisations are encouraging or instructing employees to work remotely. With an increased reliance on technology due to remote working arrangements, entities may be faced with cybersecurity challenges including cyber-attacks and cyber-related fraud. We outline some considerations for organisations below.

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Take a number: The status of employees’ claims to remuneration in business rescue proceedings
31 March 2020 Dispute Resolution

Take a number: The status of employees’ claims to remuneration in business rescue proceedings

Business Rescue, introduced by Chapter 6 of the new Companies Act 71 of 2008 (the Act), is an innovation with profound implications. It aims to place a financially distressed company temporarily in intensive care with the sole objective of trying to rescue it, or put the company on a footing where there is a reasonable prospect that it could be rescued. It sets out a procedure whereby the company can either be restructured in order to continue running on a solvent basis, or for a business rescue plan to be developed that would result in a better return for shareholders and creditors than would result from the immediate liquidation of the company. Our courts are regularly called upon to consider and give meaning to Chapter 6, in particular the interplay between sections set out in Chapter 6 and the weighing up of rights of different stakeholders.

What are some of the data protection implications of COVID-19 in South Africa?
30 March 2020 Technology, Media & Telecommunications

What are some of the data protection implications of COVID-19 in South Africa?

In order to mitigate the spread of COVID-19 in South Africa, both public and private organisations will be required to implement data-sharing strategies and procedures in respect of COVID-19-related personal information. Organisations in the European Union – the current epicentre of the COVID-19 pandemic – are already in a position to implement such data-sharing strategies after having received guidance from European data protection regulators.

COVID-19: Cyber security concerns
30 March 2020 Technology, Media & Telecommunications

COVID-19: Cyber security concerns

As a response to the outbreak and increasing number of COVID-19 cases, more companies and organisations are encouraging or instructing employees to work remotely. With an increased reliance on technology due to remote working arrangements, entities may be faced with cybersecurity challenges including cyber-attacks and cyber-related fraud. We outline some considerations for organisations below.

Working remotely: isn’t there a risk?
30 March 2020 Dispute Resolution

Working remotely: isn’t there a risk?

Certainly, the panic around COVID-19 will have cyber criminals licking their lips as more and more employees work from outside their usual office environment.

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Sunday Labour Permissions
17 September 2018 Mining & Minerals

Sunday Labour Permissions

A tendency has arisen in the mining sector for trade unions to put pressure on the Inspectorate of the Department of Mineral Resources (DMR) not to grant temporary permissions to allow production to take place on a Sunday, and not to support applications for any permanent Sunday Labour Permission that can only be granted by the Minister if it is in the national interest to do so, unless the consent of such trade unions has first been obtained.

Africa's contrasts - (re)emerging trends of mining in Africa
10 September 2018 Mining & Minerals

Africa's contrasts - (re)emerging trends of mining in Africa

It has been said that "the greater the contrast, the greater the potential. Great energy only comes from a corresponding great tension of opposites" (Carl Jung). While this was not said in connection with Africa, it certainly finds apt application in the African mining industry, given that the majority of African countries' exports and gross domestic product ("GDP") indicators relate to their natural resources; contrasted with various factors that results in untapped potential. In this article we wish to highlight the trends in the mining industry that have been developing throughout Africa and the impact that this can have on M&A deals in this industry.

We mourn the passing of Ma'm Winnie
3 April 2018

We mourn the passing of Ma'm Winnie

As we mourn the loss of another South African heroine, Ma’m Winnie Madikizela-Mandela, we ought to consider what she has meant to all of us South Africans, and how her memory may serve to embolden and enrich the pursuit of a better life for all - fundamentally – the pursuit of social justice, in our country.

Ignorance is not bliss: A recent judgment about understatement penalties and a caution to taxpayers
23 March 2018 Tax & Exchange Control

Ignorance is not bliss: A recent judgment about understatement penalties and a caution to taxpayers

In the recent matter of Mr A & XYZ CC v The Commissioner for the South African Revenue Service (Case Nos IT13725 & VAT1426, IT13727 & VAT1096), which involved four combined cases, the South African Revenue Service (SARS) issued assessments to Mr A and XYZ CC (Taxpayers) relating to income tax for the 2007 to 2012 years of assessment and Value-Added Tax (VAT) for the 2006 to 2013 periods.

Domestic treasury management companies
23 March 2018 Tax & Exchange Control

Domestic treasury management companies

In 2013, the South African government introduced the domestic treasury management company (DTMC) regime to enable South African companies, which are registered with the Financial Surveillance Department (FSD) of the South African Reserve Bank (SARB), to expand into the rest of Africa and abroad. The DTMC regime allows South African companies to establish one subsidiary as a holding company to hold African and offshore operations, without being subject to exchange control restrictions.

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Things to know about lying on your CV
18 September 2019 Employment

Things to know about lying on your CV

Bheki Nhlapo, Associate in the Employment practice joins the Business Unusual Show on Newzroom Afrika. He discusses the National Qualifications Framework Amendment Act, CV misrepresentation and its implications.

The landscape for women in law
29 August 2019 Pro Bono & Human Rights

The landscape for women in law

National Practice Head and Director in the Pro Bono & Human Rights practice, Jacquie Cassette, recently joined SABC's Morning Live to discuss the landscape for women in law.

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The voluntary liquidation of Bosasa
12 December 2019 Business Rescue, Restructuring & Insolvency

The voluntary liquidation of Bosasa

Kylene Weyers, Senior Associate in the Dispute Resolution practice joined Smile FM to discuss the voluntary liquidation of Bosasa and the SCA judgment which has widened the scope of SA insolvency law, emphasising important legal principles relating to the meaning and timing of ''commercial solvency''.

The legalisation of cannabis
8 November 2019 Dispute Resolution

The legalisation of cannabis

Andrew MacPherson, an Associate in the Dispute Resolution practice, joined SAFM's The Talking Point to discuss the legalisation of cannabis.