Our team advised Sibanye in the ConCourt matter of Sibanye/M Bester
Our team advised Sibanye in the ConCourt matter of Sibanye/M Bester
Cliffe Dekker Hofmeyr represented Sibanye, the largest individual producer of gold from South Africa and one of 10 largest gold producers globally.
Our employment team advised Sibanye in the Constitutional Court matter of Sibanye/M Bester. The case relates to an assessment of racism in the workplace and, more particularly, deals with the question of direct and indirect racism. This dispute is not about defamation or injuria, but rather it focuses on statements which are actually racist or perceived to be racist in the workplace and which have the potential of causing divisions between workers and disrupting workplace harmony. The matter emanates from the Labour Appeal Court and was referred to the Constitutional Court on appeal.
You might also be interested in
2 Oct 2025
by Lloyd Smith and Ludwig Smith
The legal nature of preference share funding
On 16 August 2025 National Treasury and the South African Revenue Service published a Draft Taxation Laws Amendment Bill (TLAB), which proposed to amend section 8E of the Income Tax Act 58 of 1962 (ITA), by providing that any share treated as a “ financial asset ” under International Accounting Standard 32 would in the future be regarded as a hybrid equity instrument. The effect of that proposal, had it been adopted, was that dividends that became payable in respect of various instruments, including “ funding ” preference shares, would be treated as income and would accordingly be taxable.
Banking, Finance & Projects
6 min read
18 Aug 2025
by Alex Kanyi, Denis Maina and Charity Muindi
Tax by agreement? Demystifying the myth of contractually transferring tax liability
Picture this: You are contracted for a major infrastructure project involving a National Government facility. The Government issues an undertaking, in writing, that it will bear the tax obligation for certain elements of the project. You factor this into your budget proposal and proceed to import materials and go ahead with the project with the legitimate expectation that the Government will handle any payable taxes. Everything seems on track until completion, when a tax demand is issued to you and, not to National Treasury, which had promised to settle the taxes.
Tax & Exchange Control
3 min read
15 Jan 2026
by Alex Kanyi, Clarice Wambua, Denis Maina and Prince Kiptoo
Unpacking the Tax Appeals Tribunals decision on the tax treatment of income from the sales of carbon credits generated in Kenya
The Tax Appeals Tribunal (Tribunal) delivered a significant decision in Wildlife Works Sanctuary Ltd v Commissioner of Legal Services & Board Coordination , Appeal No. E1290 of 2024, providing guidance on the tax treatment of income from the sales of carbon credits generated in Kenya.
4 min read
23 Sep 2025
by Corné Lewis, Dipuo Titipana and Zenande Mnyamana
Party autonomy does not usurp the power of our courts
Often, commercial agreements have arbitration clauses that make it peremptory for parties to the agreement to refer a dispute between them to arbitration. The effect of such clauses is that they oust a court’s jurisdiction to determine a dispute between the parties emanating from the agreement. However, despite these clauses in commercial agreements, courts are empowered by section 3(2) of the Arbitration Act 42 of 1965 (Arbitration Act), on good cause shown by an applicant, to set aside an arbitration agreement and order that the dispute between the parties not be referred to arbitration. AIG South Africa Limited (AIG) successfully brought such an application in AIG South Africa Limited v Molefe JDR 3456 (GP).
Dispute Resolution
4 min read
18 Sep 2025
by Tessa Brewis
Section 45(2A) carve-out under the Companies Amendment Acts
The President has signed the Companies Amendment Act 16 of 2024 and the Companies Second Amendment Act 17 of 2024 (collectively referred to as the Amendment Acts) into law. These legislative instruments introduce substantial reforms to the Companies Act 71 of 2008 (Act). The Companies Second Amendment Act is fully operational, while only select provisions of the Companies Amendment Act have commenced. The remaining provisions are expected to come into effect once the necessary updates to the Companies Regulations are finalised.
Banking, Finance & Projects
4 min read
11 Jun 2025
by Imraan Mahomed, Lee Masuku, Sashin Naidoo and Taryn York
Webinar Recording | South African foreign employee landscape: quotas, compliance, and opportunity
Watch our panel of experts for an in-depth exploration of South Africa’s newly approved National Labour Migration Policy 2025 and the Employment Services Amendment Bill.
Employment Law
59:49 Minutes