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Proposed Namibian Competition Bill set to introduce sweeping amendments
18 September 2020 Competition

Proposed Namibian Competition Bill set to introduce sweeping amendments

The Namibian Competition Commission (Commission) recently issued a request for written submissions on the Namibian Competition Draft Bill (Bill) (accessible here). The Bill seeks to repeal the existing Competition Act 2 of 2003 (Current Act) in its entirety and introduces a number of important amendments to competition law in Namibia. The Bill also includes a reconfiguration of the competition authority’s structure and powers.

WEBINAR | Annual Employment Law Conference
18 September 2020 Employment

WEBINAR | Annual Employment Law Conference

The COVID-19 pandemic saw a dramatic shift in the world of work as we knew it. It raised new challenges, forced us to think of new solutions to old problems, and demanded adaptability and novel ways of operating in the “new normal”. Our Employment team hosted an annual webinar where they will provide an overview of the year in review, the latest case law, newly promulgated and upcoming legislation and best practices in the new work order.

Doing Business in South Africa 2020
18 September 2020

Doing Business in South Africa 2020

At DealMakers’ 19th Annual Awards Dinner in February this year, CDH won the first-ever award for Legal DealMaker of the Decade for Deal Flow between 2010 and 2019. The world has drastically changed since we collected esteemed award in February 2020, but our firm’s commitment to forge strong and longstanding partnerships with our clients is stronger than ever.

No delivery, no pay: Another win for a taxpayer in the context of tax debt enforcement
17 September 2020 Tax & Exchange Control

No delivery, no pay: Another win for a taxpayer in the context of tax debt enforcement

It has been widely reported that South Africa faces a significant projected tax revenue shortfall for the 2020/2021 financial year, due to the COVID-19 pandemic and the concomitant lockdown. In light of this, taxpayers should appreciate that there is increased pressure on the South African Revenue Service (SARS) to collect outstanding tax debts. Under the Tax Administration Act 28 of 2011 (TAA), SARS is entitled to collect outstanding tax debt in different ways. One of its powers, is to instruct a third party to pay an amount owing by a third party to a taxpayer to SARS instead, in satisfaction of the taxpayer’s tax debt. Prior to issuing such a notice to a third party, SARS must follow the process laid down in section 179 of the TAA, failing which the lawfulness of the third party notice and the collection of tax through this mechanism, can be challenged.

PART 8  - Draft Upstream Petroleum Resources Development Bill, 2019: Environmental management and closure certificates
16 September 2020 Oil & Gas

PART 8 - Draft Upstream Petroleum Resources Development Bill, 2019: Environmental management and closure certificates

In our final instalment of our analysis on the draft Upstream Petroleum Resources Development Bill, 2019 (the Petroleum Bill), we unpack the provisions relating to environmental management and closure certificates. Most provisions relating to environmental management and closure certificates remain unchanged from those contained in the Mineral and Petroleum Resources Development Act 28 of 2002 (the MPRDA). To the extent that there have been amendments and additions introduced by the Petroleum Bill, these will be discussed in this article.

More time means more money – negotiating protections against the relaxation of time-bar clauses
15 September 2020 Corporate & Commercial

More time means more money – negotiating protections against the relaxation of time-bar clauses

The benefits of arbitration are well-known. It is often cheaper, quicker and allows the parties flexibility to a process that suits their needs. Moreover, the process, pleadings, agreements and rulings may also remain confidential, unlike the case in public court proceedings. As a result, many commercial agreements allow for disputes to be resolved by way of arbitration.

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Proposed Namibian Competition Bill set to introduce sweeping amendments
18 September 2020 Competition

Proposed Namibian Competition Bill set to introduce sweeping amendments

The Namibian Competition Commission (Commission) recently issued a request for written submissions on the Namibian Competition Draft Bill (Bill) (accessible here). The Bill seeks to repeal the existing Competition Act 2 of 2003 (Current Act) in its entirety and introduces a number of important amendments to competition law in Namibia. The Bill also includes a reconfiguration of the competition authority’s structure and powers.

WEBINAR | Annual Employment Law Conference
18 September 2020 Employment

WEBINAR | Annual Employment Law Conference

The COVID-19 pandemic saw a dramatic shift in the world of work as we knew it. It raised new challenges, forced us to think of new solutions to old problems, and demanded adaptability and novel ways of operating in the “new normal”. Our Employment team hosted an annual webinar where they will provide an overview of the year in review, the latest case law, newly promulgated and upcoming legislation and best practices in the new work order.

Doing Business in South Africa 2020
18 September 2020

Doing Business in South Africa 2020

At DealMakers’ 19th Annual Awards Dinner in February this year, CDH won the first-ever award for Legal DealMaker of the Decade for Deal Flow between 2010 and 2019. The world has drastically changed since we collected esteemed award in February 2020, but our firm’s commitment to forge strong and longstanding partnerships with our clients is stronger than ever.

No delivery, no pay: Another win for a taxpayer in the context of tax debt enforcement
17 September 2020 Tax & Exchange Control

No delivery, no pay: Another win for a taxpayer in the context of tax debt enforcement

It has been widely reported that South Africa faces a significant projected tax revenue shortfall for the 2020/2021 financial year, due to the COVID-19 pandemic and the concomitant lockdown. In light of this, taxpayers should appreciate that there is increased pressure on the South African Revenue Service (SARS) to collect outstanding tax debts. Under the Tax Administration Act 28 of 2011 (TAA), SARS is entitled to collect outstanding tax debt in different ways. One of its powers, is to instruct a third party to pay an amount owing by a third party to a taxpayer to SARS instead, in satisfaction of the taxpayer’s tax debt. Prior to issuing such a notice to a third party, SARS must follow the process laid down in section 179 of the TAA, failing which the lawfulness of the third party notice and the collection of tax through this mechanism, can be challenged.

PART 8  - Draft Upstream Petroleum Resources Development Bill, 2019: Environmental management and closure certificates
16 September 2020 Oil & Gas

PART 8 - Draft Upstream Petroleum Resources Development Bill, 2019: Environmental management and closure certificates

In our final instalment of our analysis on the draft Upstream Petroleum Resources Development Bill, 2019 (the Petroleum Bill), we unpack the provisions relating to environmental management and closure certificates. Most provisions relating to environmental management and closure certificates remain unchanged from those contained in the Mineral and Petroleum Resources Development Act 28 of 2002 (the MPRDA). To the extent that there have been amendments and additions introduced by the Petroleum Bill, these will be discussed in this article.

More time means more money – negotiating protections against the relaxation of time-bar clauses
15 September 2020 Corporate & Commercial

More time means more money – negotiating protections against the relaxation of time-bar clauses

The benefits of arbitration are well-known. It is often cheaper, quicker and allows the parties flexibility to a process that suits their needs. Moreover, the process, pleadings, agreements and rulings may also remain confidential, unlike the case in public court proceedings. As a result, many commercial agreements allow for disputes to be resolved by way of arbitration.

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Regulating the consequences of force majeure in your contract
20 May 2020 Corporate & Commercial

Regulating the consequences of force majeure in your contract

The emergence of Covid-19 introduced a host of governmental directives that made it impossible for some parties to meet their contractual obligations, often leaving them scrambling for their contracts to see how this has been regulated, if at all.

The question of adequate protection for essential service healthcare workers during the COVID-19 pandemic: The Labour Court analyses a trade union's complaints
14 April 2020 Employment

The question of adequate protection for essential service healthcare workers during the COVID-19 pandemic: The Labour Court analyses a trade union's complaints

On 8 April 2020, the Labour Court heard an urgent application launched by the National Education, Health and Allied Workers Union ("NEHAWU") against the Minister of Health ("the Minister"), the Minister of Employment and Labour, and the Provincial MECs for Health. This application concerned whether adequate provision of personal protective equipment ("PPE") was being made available to healthcare workers on the front line in public hospitals.

5 legal tips for start-ups
25 October 2018 Corporate & Commercial

5 legal tips for start-ups

Many highly successful start-ups are bedevilled by legal disputes, often between founders or funders, which could have been easily avoided. The story of McDonalds is one example. It was founded by brothers, Richard and Maurice McDonald, who were ultimately allegedly short-changed by Raymond Albert "Ray" Kroc, who joined the business after its establishment but took all the glory (and the money). How? Because they did not put legal agreements in place to regulate their partnership.

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How well do women fare in the South African labour market
14 August 2020 Employment

How well do women fare in the South African labour market

Employment Director Fiona Leppan joined Newzroom Afrika to take a look at whether South African employers are being sufficiently receptive to the additional burden of family responsibility that has been introduced to women working at home during lockdown.

Retrenchments during COVID19
20 July 2020 Employment

Retrenchments during COVID19

Employment Director Thabang Rapuleng joined Newzroom Afrika to discuss measures employees and employers can take in their risk assessing methods amidst an impending retrenchment season, as business battle the economic pressures of COVID-19.

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Cannabis for Private Purposes Bill
11 September 2020 Dispute Resolution

Cannabis for Private Purposes Bill

The introduction of the Cannabis for Private Purposes Bill made its debut into the public sphere and was tabled in Parliament on 4 September 2020. However, the Bill in its current form is incredibly narrow in its scope and notably fails to address any commercial aspects and opportunities of cannabis. Dispute Resolution Senior Associate Andrew MacPherson joins Channel Africa to discuss this.

Mental health in the workplace
9 September 2020

Mental health in the workplace

Employment Associate Asma Cachalia joined The Morning Show on Good Hope FM to discuss the psychological impact COVID-19 is having on women's mental health and mental wellness in the workplace.

Flux trend report on female job losses
7 September 2020 Employment

Flux trend report on female job losses

Fiona Leppan, Director in the Employment practice joined Kaya FM to discuss the Flux Trend report. She explains why women are vulnerable when it comes to retrenchments.

Becoming a successful female business rescue attorney
3 September 2020 Dispute Resolution

Becoming a successful female business rescue attorney

Dispute Resolution Senior Associate Kylene Weyers joins The Honest Truth with Benito Vergotine on Smile FM to share her story on becoming a successful female business rescue attorney in what is commonly perceived as a male-dominated area of law and what it takes to succeed in the profession.

Tasima and the Road Traffic Management Corporation judgment
25 August 2020 Employment

Tasima and the Road Traffic Management Corporation judgment

Tamsanqa Mila, Associate in our Employment practice joined SA FM to unpack the implications of the Tasima and the Road Traffic Management Corporation (RTMC) judgment that was handed down by the Constitutional Court. He discussed the material facts of the case, the important decisions and conclusions that can be drawn from the case.