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Types of alternative dispute resolution

Alternative dispute resolution (ADR) methods have become the preferred mechanism to resolve commercial disputes. The traditional approach to dispute resolution used to be litigation. The popularity of alternative methods of dispute resolution can in part be attributed to the backlogs experienced by courts. This has also resulted in the incorporation of one of the alternative dispute resolution methods into the Uniform Rules of Court. The introduction of the new Rule 41A in March 2020 meant that an initiator of litigation proceedings was required to file a notice asking the other party whether they were amenable to mediation and the other party was required to respond with its own notice, but mediation was by agreement. Recently, the Gauteng Division of the High Court issued a directive introducing mandatory mediation in the Gauteng division and the accompanying protocol.

Legal insights into concert party relationships in South Africa

In takeover law, the regulation of concert party relationships is crucial for maintaining fairness and protecting the interests of minority shareholders. When multiple parties co-operate for the purpose of pursuing a transaction to gain control of a regulated company, or its business, additional protections are imposed under the Companies Act 71 of 2008 (Act) and the accompanying regulations (collectively, the Takeover Laws). The Takeover Regulation Panel (Panel) is responsible for enforcing these laws and ensuring fairness and transparency against the backdrop of an affected transaction.

The profound reach and impact of our Pro Bono & Human Rights practice in 2024

At CDH we are committed to promoting human rights, enabling access to justice and driving meaningful change. This is why we set up a dedicated Pro Bono & Human Rights Practice (Pro Bono Practice), which provides thousands of hours of pro bono assistance to numerous deserving individuals and organisations each year. In 2024 alone, our firm dedicated over 10,000 hours to providing more than R37 million in pro bono legal services to individuals, organisations, and causes.

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.

The Preservation and Development of Agricultural Land Bill: Where to next?

For decades, the primary piece of legislation influencing agricultural land development has been the Subdivision of Agricultural Land Act 70 of 1970 (Act). The Act was repealed by the Subdivision of Agricultural Land Act Repeal Act 64 of 1998 (Repeal Act), however, more than 25 years later, the Repeal Act is yet to have come into full effect, and we remain primarily bound to the provisions of the Act. The aim of the Act is to prevent the fragmentation of agricultural land for the preservation of sustainable and economically viable farming activities by imposing regulations and procedures for the subdivision, control and development of such land.

Extension of validity of Zimbabwean Exemption Permits