Cliffe Dekker Hofmeyr continues to win global accolades - The Legal 500 Europe, Middle East & Africa 2013

Erroneous payments to employees: Is a deduction from salary a contractual breach?

On 17 January 2024, the Supreme Court of Appeal (SCA) handed down an interesting judgment in Mhlontlo Local Municipality and Others v Ngcangula and Another (1154/2022) 2024 ZASCA 5 (17 January 2024) that, amongst other things, dealt with the concurrent jurisdiction of the Labour Court and the High Court to determine a matter related to a contract of employment, and clarified whether an erroneous payment made by an employer over a period becomes a term and condition of employment.

The test for insolvency revisited: Setting aside liquidation proceedings

In the case of The Commissioner for the South African Revenue Service v Nyhonyha and Others (1150/2021) ZASCA 69 (18 May 2023) the Supreme Court of Appeal (SCA) was confronted with the question of whether the High Court erred in setting aside an order for the liquidation of Regiments Capital (Pty) Ltd (Regiments) in circumstances where the conditions that led to the order for liquidation had sincechanged. 

Overview of the (r)evolution of legislation governing the use of cannabis: Where to from here?

Cannabis has been a hot topic in the media and bold statements have been made by the Government regarding the economic potential that the cannabis sector can unlock in the country. President Cyril Ramaphosa has referred to the potential revenue that could be created in the sector on two separate occasions during his annual State of the Nation Address. It has also been highlighted that industrial hemp and cannabis will create a pathway to industrialisation by having a ripple effect through to various other sectors such as foreign investment, agriculture, employment and construction. Although the Government’s stated intention to relax and review policies that hinder the growth of the industry is appreciated, South Africa is at a crossroads when it comes to competing with international cannabis industries developed within a regulatory framework.

Carbon tax changes related to the renewable energy premium deduction and carbon offset allowance

From spam to slam: First enforcement notice issued by the Information Regulator

The Information Regulator of South Africa (Information Regulator) has sent a stern warning to direct marketers that are sending out marketing messages and calls which do not adhere to the current laws applicable to direct marketing.

When does the proverbial clock begin to tick under section 7(1) of PAJA?

A ruling was made by the Constitutional Court at the end of last year in Sasol Chevron Holdings Limited v Commissioner for the South African Revenue Services ZACC30, confirming that the 180-day period afforded by section 7(1) of the Promotion of Administrative Justice Act 3 of 2000 (PAJA) starts running from the date that reasons for the decision are provided with sufficient detail to allow the offended party to file an objection against the decision. A party’s request for more detailed reasons does not afford that party room to argue that the 180-day period only starts running once those more detailed reasons are provided.