Our team acts for a leading SA based enterprise and supplier development advisory and project management firm
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- Our team acts for a leading SA based enterprise and supplier development advisory and project management firm
Our team acts for a leading SA based enterprise and supplier development advisory and project management firm
Our team acts for a leading South Africa-based enterprise and supplier development advisory and project management firm against a US-based company concerning the responsibility of the US Company for massive remediation activities at its cost in respect of a property sold to our client.
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26 Mar 2025
by Alex de Wet, Everton Muberekwa and Claudia Grobler
The ripple effects of South Africa’s cannabis food ban: Implications for agriculture and beyond
On 28 May 2024, the President signed the Cannabis for Private Purposes Act 7 of 2024 (Cannabis Act) into law. The Cannabis Act establishes a legal framework for the private use, possession and cultivation of cannabis in South Africa. However, the act still imposes significant restrictions on the legal cultivation and commercial trade of cannabis. Conversely, hemp, as defined below, has been extensively cultivated for commercial purposes in South Africa and other African countries for several years now. To read more about the Cannabis Act and the commercial cultivation of hemp in South Africa and other African countries, see our previous alert here . However, recent changes to South Africa’s cannabis and hemp regulatory framework have caused much controversy in the agricultural sector.
Agriculture, Aquaculture & Fishing
6 min read
5 Nov 2024
by Desmond Odhiambo
Redefining the Role of Internships: A Critical Turning Point in Kenyan Employment Law
Desmond Odhiambo, Partner in the Dispute Resolution practice at CDH Kenya, was recently featured in Business Daily, where he discussed ' Redefining the Role of Internships: A Critical Turning Point in Kenyan Employment Law .'
Employment Law
1 min read
1 Apr 2025
by Marco Neto, Zodwa Malinga and Khaya Mantengu
Does a time-bar challenge negate an adjudicator’s jurisdiction to determine a referred dispute?
Adjudication serves as a crucial dispute resolution tool in South African construction contracts, offering a rapid, interim solution to keep projects moving amid disagreements. Increasingly integrated into major construction agreements, adjudication decisions are legally binding until overturned by arbitration, litigation or mutual agreement.
Dispute Resolution
5 min read
24 Mar 2025
by Imraan Mahomed and Lee Masuku
Reinstatement - Does arrear remuneration prescribe?
The Labour Appeal Court (LAC) in Potgieter v Samancor Chrome Limited t/a Tubatse Ferrochrome (JA91/22) (10 March 2025) was again called upon to consider the question of prescription in the context of employment law, this time in respect of arrear remuneration.
Employment Law
7 min read
5 Nov 2024
by Imraan Abdullah and Charles Green
The transferability of administrative justice rights to a deceased estate in the context of a review of a medical scheme’s decision
In Carlo Swanepoel N.O v Profmed Medical Scheme ZACC 23 the Constitutional Court considered an application for substitution brought by the executor of the deceased estate for Ms Mignon Adelia Steyn. The administrative law question at the heart of that application was whether Steyn’s claim to just administrative action under the Promotion of Administrative Justice Act 3 of 2000 (PAJA) was transferable to her deceasedestate.
Dispute Resolution
4 min read
25 Jul 2024
by Naomi Mudyiwa
Controlled foreign company rules: To outsource or not to outsource?
Over the last few weeks, the South African tax advisory and business community have on various platforms debated the Constitutional Court’s (CC) recent judgment in Coronation Investment Management SA (Pty) Limited v Commissioner for the South African Revenue Service ZACC 11. The CC held that the taxpayer, Coronation Investment Management SA (Pty) Ltd, had a foreign business establishment (FBE) in Ireland despite the Irish business outsourcing some of its functions. As a result, the CC held that the taxpayer was exempt from section 9D of the Income Tax Act 58 of 1962 (ITA), so that the (net) income of its Irish subsidiary, which is a controlled foreign company (CFC) under section 9D, was not subject to tax in South Africa.
Tax & Exchange Control
9 min read