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Seeing eye-to-eye: The National Credit Act’s applicability to settlement agreements
30 October 2019 Dispute Resolution

Seeing eye-to-eye: The National Credit Act’s applicability to settlement agreements

It is no secret that the National Credit Act, No 34 of 2005 (Act) has its problems. Courts have been called upon numerous times to interpret what should be simple provisions that confuse contracting parties. A measurable portion of the court cases involving the Act and its interpretation concern the application of the Act to agreements.

Setting aside dispositions – a practical approach
30 October 2019 Dispute Resolution

Setting aside dispositions – a practical approach

In winding-up proceedings, the commencement date of the winding-up and the establishment of the concursus creditorum (meaning the coming together of the creditors) play an important role. The purpose behind the establishment of a concursus is to ensure that the company’s property is collected and distributed amongst its creditors in the prescribed order of preference.

Shareholder self-help and the board’s refusal to convene a meeting
30 October 2019 Corporate & Commercial

Shareholder self-help and the board’s refusal to convene a meeting

In the case of Heatherview Estate Extension 24 Home Owners Association v Mahlatse Trading Enterprise CC and Others (22616/2019) [2019] ZAGPPHC 180 (20 May 2019), the High Court considered the meaning and effect of s61 of the Companies Act, No 71 of 2008 (Companies Act), and whether a meeting convened by certain members of a non-profit company themselves, in instances where the board failed to do so upon having received written demand by such members in terms of s61(3), was a lawfully constituted meeting.

To deem or not to deem: Tax Court judgment on section 13<em>quin</em> of the Income Tax Act
25 October 2019 Tax & Exchange Control

To deem or not to deem: Tax Court judgment on section 13quin of the Income Tax Act

On 28 June 2019, the Tax Court (sitting in Johannesburg) handed down judgment in the matter of XYZ CC v The Commissioner for the South African Revenue Service Case No: IT14434/2019 (as yet unreported), in which it had to decide whether the appellant (Taxpayer) was entitled to claim a commercial building allowance in terms of s13quin of the Income Tax Act, No 58 of 1962 (Act). The Tax Court also had to decide whether certain interest imposed should be remitted.

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Umuntu Ngumuntu Ngabantu… except in the law of contract
23 October 2019 Dispute Resolution

Umuntu Ngumuntu Ngabantu… except in the law of contract

Judge Brand, in the case of South African Forestry Co Ltd v York Timbers Ltd 2005 (3) SA 323 (SCA) stated that “… fairness and justice, like beauty, often lie in the eye of the beholder”. He was quoted with approval by the Supreme Court of Appeal (SCA) in Liberty Group Limited and Others v Mall Space Management CC t/a Mall Space Management (644/18) [2019] ZASCA 142 – a case that discussed contractual law and the values of ubuntu, a word that derives from the Zulu phrase umuntu ngumuntu ngabantu: A person is a person through other people.

Walking the tightrope – guidelines for defining your malus and clawback policy
23 October 2019 Corporate & Commercial

Walking the tightrope – guidelines for defining your malus and clawback policy

There is a growing trend in South Africa towards businesses adopting malus and clawback policies in relation to their variable pay structures and employee incentive schemes. This trend has been driven by the view that responsible corporate governance requires businesses to be able to assess and, where necessary, adjust or recover variable pay benefits awarded to employees on the occurrence of certain events.

The Integrated Resource Plan 2019: Distributed Generation MW Allocation
22 October 2019 Corporate & Commercial

The Integrated Resource Plan 2019: Distributed Generation MW Allocation

The Integrated Resource Plan 2019 (IRP2019) was approved by Cabinet and promulgated on 18 October 2019 by the Minister of Mineral Resources and Energy (Minister), Gwede Mantashe. In a welcome move, emphasis has been placed on the opportunity presented by privately owned and operated distributed generation (otherwise referred to as embedded generation) to address South Africa’s expected energy shortage in the immediate term as well as playing a part in increasing long-term capacity.

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Women in the workplace
5 February 2018 Employment

Women in the workplace

In South Africa, we have several laws ensuring the protection of women in the workplace. The Constitution of the Republic of South Africa confirms that “everyone is equal before the law and has the right to equal protection and benefit of the law”. Employment legislation has been enacted in order to give effect to the Constitution and to protect all employees, including women in the workplace.

The rise of restraints: An inevitable reality during junk status
5 February 2018 Employment

The rise of restraints: An inevitable reality during junk status

South Africa has been unfortunate over recent months to experience more than one ratings downgrade to sub investment grade, otherwise known as junk status. This has not only resulted in an all-time low in investor confidence but has demanded that employers take an active role to protect their slice of the pie, so to speak.

TES ruling raises uncertainty for all sectors
5 February 2018 Employment

TES ruling raises uncertainty for all sectors

The Labour Appeal Court (LAC) recently delivered a judgment which could have significant implications for the South African labour market. The judgment specifies that employees of labour brokers who earn below the threshold for vulnerable employees, will become the permanent employees of the client at which they are placed after a period of three consecutive months.

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CDH recognised as leading firm by DealMakers in 2017
25 April 2018 Corporate & Commercial

CDH recognised as leading firm by DealMakers in 2017

Cliffe Dekker Hofmeyr (CDH) has been recognised by DealMakers as the local law firm that has consistently advised on the most number of M&A deals in South Africa. The firm clinched the prestigious M&A Deal Flow award for the ninth consecutive year – with deals totalling R119,576 billion in value – at the annual DealMakers Awards. CDH was awarded second place in the M&A Deal Value category. The firm also achieved notable M&A Deal Flow and Deal Value rankings in the BEE and Africa categories. Watch our latest TV advert.

The future of BEE in South Africa
4 April 2018 Corporate & Commercial

The future of BEE in South Africa

Corporate & Commercial Directors Verushca Pillay and Allan Hannie share their thoughts on the pitfalls and the future of BEE in South Africa.

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National Minimum Wage Act
25 January 2019 Employment

National Minimum Wage Act

Anli Bezuidenhout, a Senioir Associate in our Employment practice, joined Rise FM Business, to talk about the National Minimum Wage Act. She discusses what this entails for both employer and employee.