Our team acts for a leading independent data, voice and intellectual property provider
Our team acts for a leading independent data, voice and intellectual property provider
Our team acts for a leading independent data, voice and intellectual property provider in a review brought by a state entity challenging the lawfulness of a substantial infrastructure which is in an advanced stage of its implementation. The case includes difficult questions of administrative law as far as the tender is concerned; the misuse of corruption legislation; and a constitutional challenge to the very existence of the state entity.
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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
10 Jul 2025
by Christine Mugenyu and Faith Obunga
Why fair selection criteria could make or break your redundancy case in Kenya
Many employers navigating restructuring or cost-saving measures understand the basic legal requirements for redundancy under Kenyan law. However, a key aspect which is often overlooked is how employees are selected for redundancy. This can make or break the lawfulness of the process.
Employment Law
4 min read
3 Apr 2025
by Alex Kanyi, Denis Maina and Nicholas Owino
Court of Appeal clarifies sale of commercial buildings is subject to VAT, defying land and attachment principle
In a landmark decision in Kenya Revenue Authority v Ndegwa KECA 510 (KLR) ( David Ndegwa Case ) the Court of Appeal has clarified the application of value-added tax (VAT) to commercial property transactions.
Tax & Exchange Control
3 min read
14 Aug 2025
by Lavious Sedibane, Jamie Oliver and Mashudu Mphafudi
Sustainability bonds and the debt market of the future: Are we ready?
Sustainability-linked bonds (SLB) and green debt instruments have emerged as essential instruments in mobilising capital for climate-resilient infrastructure and inclusive socio-economic project development for the purpose of supporting long-term sustainability goals. SLBs are structured in a similar manner to conventional bonds, however unlike conventional bonds, SLBs are designed to provide the capital needed to fund a project’s growth requirements by linking financial performance to predefined environmental, social and governance (ESG) targets, incentivising issuers to meet set sustainability objectives measured by key performance indicators (KPI) against sustainability performance targets. In the event that certain targets are missed, the coupon rate may be adjusted accordingly.
Banking, Finance & Projects
6 min read
12 May 2025
by Lee Masuku
Labour Court goes digital come 14 April
Lee Masuku, a Senior Associate in the Employment Law practice, was recently on Newzroom Afrika to discuss the digitalisation of the Labour Court, effective 14 April, and whether this will help reduce delays and what risks may arise.
Employment Law
07:55 Minutes
21 Nov 2025
CDH Africa Corporate Guide
Africa is at an inflection point. Once cast as a high-risk frontier, the continent is increasingly recognised as a region of scale, potential, and strategic priority. Growth forecasts, demographic trends, and shifts in global capital appetite all signal the same transformation that Africa is moving from the periphery of investment strategy into its center.
Africa
1:33 Minutes