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
5 Sep 2025
by Naomi Mudyiwa and Heinrich Louw
Know your grounds: Why SARS must explain assessments
A taxpayer’s ability to challenge an assessment issued by the South African Revenue Service (SARS) stems from the fundamental rights to just administrative action and access to courts. These rights are protected and enforced through the provisions of the Tax Administration Act 28 of 2011 (TAA), which provide a structured framework for objections and appeals. A key component of this framework is Rule 6 of the rules promulgated under section 103 of the TAA, which empowers taxpayers to request reasons for an assessment prior to lodging an objection.
Tax & Exchange Control
8 min read
9 Dec 2025
by Roxanne Bain and Phetha Mchunu
Think you know mergers and acquisitions
In the second episode of the Clause & Effect Podcast Series, Phetha and Roxanne unpack some of the biggest myths that quietly shape how deals unfold.
Corporate & Commercial Law
13:28 Minutes
20 May 2026
by Andries le Grange, Yaniv Kleitman and Christopher Kode
Cross-directorships, merger conditions and competition risk when directors straddle boardrooms of competitors
Where a merger results in competing firms sharing a common director or substantial shareholder, South African competition authorities have increasingly imposed conditions regulating boardroom composition and information flow. These conditions sit at the intersection of merger control, cartel enforcement and directors’ fiduciary duties.
Competition Law
4 min read
27 Jan 2026
by Alex Kanyi, Charity Muindi and Denis Maina
Tax outlook 2026: Navigating Kenya’s evolving tax landscape
The first quarter of the calendar year is a critical time for many businesses to reassess their tax strategies for the year ahead. As they finalise budgets and review growth plans, a key question arises: what will the Kenyan tax environment look like in 2026?
Tax & Exchange Control
12 min read
12 Mar 2026
by Fiona Leppan and Kgodisho Phashe
COIDA Amendments now in force: A new era for workplace injury compensation in South Africa
On 23 January 2026, the President of South Africa published Proclamation Notice 306 of 2026, bringing into operation several key provisions of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022 (the “Amendment Act”). The Amendment Act introduces significant changes to the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA), including enhanced employee protections, new enforcement mechanisms, and a statutory rehabilitation framework. The amendments are being implemented in phases: 23 January 2026, 1 February 2026, and 1 April 2026.
Employment Law
2 min read
8 Dec 2025
by Alex Kanyi, Denis Maina and Prince Kiptoo
KRA Publishes Draft Advance Pricing Agreement Regulations, 2025
The Kenya Revenue Authority (KRA) has published the Draft Income Tax (Advance Pricing Agreement) Regulations, 2025 (Draft Regulations), accessible here . The Draft Regulations set out a comprehensive framework for taxpayers to enter into advance pricing agreements (APA) with the KRA to determine transfer pricing methodology in advance of controlled transactions.
Tax & Exchange Control
8 min read