Latest News

Get insight into the most recent legal developments across key industry sectors.

subscribe to updates

Loading...

Something is missing: Pricing and mandatory offers triggered through share repurchases
4 December 2019 Corporate & Commercial

Something is missing: Pricing and mandatory offers triggered through share repurchases

Section 123 of the Companies Act No 71 of 2008 (Companies Act) triggers the requirement to make a mandatory offer to purchase the remaining securities in a regulated company in specific circumstances. In terms of section 118(1) of the Companies Act read with regulation 91 of the Companies Regulations, 2011 (Regulations), a “regulated company” is any public company or state-owned company, as well as private companies where more than 10% of the securities in that company were transferred in the past 24 months amongst unrelated persons.

Airbnb: The admin of holidaymaking
3 December 2019 Real Estate

Airbnb: The admin of holidaymaking

With the festive season fast approaching, the rush to find last minute accommodation will cause many to turn to South Africa’s R1 billion Airbnb market. With the promise of a home away from home it’s no wonder that you and your loved ones want to check in to an Airbnb and simultaneously rent your home to paying guests, reducing your holiday experiences substantially. However, is it as simple and as risk-free as that?

Can an employer take disciplinary action for misconduct during the festive season?
3 December 2019 Employment

Can an employer take disciplinary action for misconduct during the festive season?

Something about the festive season creates a ‘buzz’ of excitement. More often than not, it is this ‘buzz’ which makes the festive season that much more memorable. Unfortunately, this can sometimes lead to reckless decisions by employees, which may influence whether they successfully return to work in January. This article deals with employees’ conduct during the festive season that an employer may take disciplinary steps over.

Can employees directly approach the Labour Court for an unlawful deduction claim under section 34 of the BCEA?
3 December 2019 Employment

Can employees directly approach the Labour Court for an unlawful deduction claim under section 34 of the BCEA?

This question concerns the jurisdiction of the Labour Court to determine disputes arising from section 34 of the Basic Conditions of Employment Act (BCEA). It also raises questions regarding the approach when interpreting section 77 of the BCEA in respect of the Labour Court’s jurisdiction. The Constitutional Court recently dealt with this issue in Amalungelo Workers’ Union and Others v Philip Morris South Africa (Pty) Limited and Another [2019] ZACC 45.

Loading...

Can employees directly approach the Labour Court for an unlawful deduction claim under section 34 of the BCEA?
3 December 2019 Employment

Can employees directly approach the Labour Court for an unlawful deduction claim under section 34 of the BCEA?

This question concerns the jurisdiction of the Labour Court to determine disputes arising from section 34 of the Basic Conditions of Employment Act (BCEA). It also raises questions regarding the approach when interpreting section 77 of the BCEA in respect of the Labour Court’s jurisdiction. The Constitutional Court recently dealt with this issue in Amalungelo Workers’ Union and Others v Philip Morris South Africa (Pty) Limited and Another [2019] ZACC 45.

External companies and the obligation to provide the BEE Commission with the report contemplated in section 13G(2) of the BEE Act
27 November 2019 Corporate & Commercial

External companies and the obligation to provide the BEE Commission with the report contemplated in section 13G(2) of the BEE Act

In terms of section 13G(2) of the Broad-Based Black Economic Empowerment Act 53 of 2003 (BEE Act), all public companies listed on the JSE must provide the Broad-Based Black Economic Empowerment (BEE) Commission with a report on their compliance with BEE (BEE Report). Paragraph 16.21(g) of the JSE Listings Requirements (Listings Requirements) provides that the JSE must be advised of the publication of the annual BEE Report unless an exemption can be provided to the JSE.

Bosasa – liquidation lessons learned
27 November 2019 Dispute Resolution

Bosasa – liquidation lessons learned

The sensational revelations that were made during the Zondo Commission of Enquiry into Allegations of State Capture, by, inter alia, the former COO of Bosasa, namely Angelo Agrizzi, shocked the entire country. (Bosasa is now known as the African Global Group (Group), the holding company of which is African Global Holdings (Pty) Ltd (Holdings)).

The Great Privacy Bake-off
27 November 2019 Dispute Resolution

The Great Privacy Bake-off

Throw into the mixing bowl: The burgeoning sophistication of radical terror groups; Moore’s law (the number of transistors in a dense integrated circuit doubles about every two years); section 14 of the Constitution (everyone has the right not to have the privacy of their communications infringed); “The Great Hack” (a docufilm about the Cambridge Analytica scandal and harvesting of personal information by companies and governments as a tool for targeted marketing); the drive for enhanced international security; and Edward Snowden’s reveal of global surveillance programs (many run by the NSA and the Five Eyes Intelligence Alliance with the cooperation of telecommunication companies and European government).

Loading...

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.

Loading...

Proposed gambling tax draft legislation
26 June 2019 Tax & Exchange Control

Proposed gambling tax draft legislation

Louis Botha, Associate in the Tax & Exchange Control practice, joined eNCA to discuss the proposed gambling tax draft legislation that will be introduced during 2019.

Unemployment rate in South Africa
17 May 2019 Employment

Unemployment rate in South Africa

It was recently announced that South Africa's unemployment rate has increased to 27.6% in the first quarter of this year. Employment Director Hugo Pienaar joined eNews Channel Africa to discuss this.

Strategic Structuring – structuring African business to ensure maximum efficiency and minimal risk
20 March 2019 Corporate & Commercial

Strategic Structuring – structuring African business to ensure maximum efficiency and minimal risk

Deepa Vallabh, Corporate and Commercial Director & Head, Cross-Border M&A: Africa & Asia, participated in a webinar where she discussed "Strategic Structuring – structuring African business to ensure maximum efficiency and minimal risk". The Webinar provided an in-depth look at the investment structures that foreign investors can use to minimise risk and increase efficiency in their African investments.

Loading...

Debt recovery and prescription of claims after 3 years
27 August 2019 Dispute Resolution

Debt recovery and prescription of claims after 3 years

Zanele Ngakane, Senior Associate in the Dispute Resolution practice, features on @YFM's 'The Shakedown' to discuss debt recovery and prescription of claims after 3 years. Tune in to 'The Shakedown' every Tuesday between 1pm and 2pm to catch LawyeredUp, a weekly feature where Zanele talks through various legal issues.

Female approach to bring back humanity into the legal profession
23 August 2019 Pro Bono & Human Rights

Female approach to bring back humanity into the legal profession

While the South African law industry is still largely male-dominated, a small team of female lawyers in the Pro Bono & Human Rights practice at CDH are using their unique female approach to bring a touch of humanity back into the legal profession. Tricia Erasmus, Senior Associate in our Pro Bono & Human Rights practice joined Channel Africa to discuss further.