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.
You might also be interested in

22 Nov 2024
by Jacquie Cassette and Elgene Roos
Justice and Public Interest on the Mic - Episode 3 - Vital pathways to citizenship under the South African Citizenship Act 88 of 1995
Since 2011, CDH's Pro Bono & Human Rights practice (Pro Bono practice) has been at the heart of our firm's commitment to making a real difference. Over the past decade, our Pro Bono practice has passionately championed the cause of public interest, providing pro bono legal support to clients in need.
Pro Bono & Human Rights
45:51 Minutes

26 Mar 2025
by Martha Mbugua, Sammy Ndolo, Brian Muchiri and Charity Muindi
Kenyan High Court rules that unregistered foreign lenders cannot sue defaulting borrowers
Advancing credit and having means to enforce against a borrower on default are fundamental to the operations of any financial institution. Recently, the High Court of Kenya has issued some puzzling decisions, creating uncertainty regarding the ability of foreign companies incorporated outside Kenya to enforce loan agreements with Kenyan counterparties in Kenyan courts. In summary, the courts have held that foreign lenders who have not registered in Kenya lack the legal capacity to enforce their rights against borrowers who default on loan repayments.
Corporate & Commercial Law
2 min read

16 Jul 2025
by Akhona Mdunge and Denise Durand
Community oversight in corporate structures
The Traditional and Khoi-San Leadership Act 3 of 2019 (TKLA) authorises councils of traditional and Khoi-San communities (councils) to enter into agreements in their own names on behalf of the traditional communities they represent. This presents exciting opportunities for such councils to generate resources to ultimately enable employment, education and other opportunities for their traditional communities.
Corporate & Commercial Law
4 min read

7 Apr 2025
by Phetheni Nkuna and Thato Makoaba
Lock-out legitimised: The legality of lock-outs in negotiating employee benefits
In the recent case of South African Commercial Catering and Allied Workers Union (SACCAWU) obo Members v Phala N.O and Others 2 BLLR 176 (LAC) the Labour Appeal Court (LAC) confirmed that a lock-out initiated by an employer during negotiations with employees over a new contract is lawful if it relates to disputes over benefits that have not yet been agreed upon or acquired. Such issues fall under the scope of mutual interest rather than rights disputes and may be resolved through industrial action
Employment Law
3 min read

15 Jul 2025
by Sadia Rizvi
South Africa's Spam Epidemic: Will recent POPIA amendments make a difference?
Sadia Rizvi, Associate in the Corporate & Commercial practice recently joined Bongiwe Zwane on SAfm to discuss 'South Africa’s Spam Epidemic – will recent POPIA amendments make a difference?’
Technology & Communications
05:42 Minutes

24 Mar 2025
by Fiona Leppan, Onele Bikitsha and Goitsemodimo Litheko
How inspectors should conduct inspections under the OHSA
The recent Labour Court decision in Truworths Limited v The Chief Inspector: Occupational Health and Safety, Department of Employment and Labour and Another Case Number: J1597/21 has provided clarification on the authority of labour inspectors and the correct application of the “reasonably practicable” standard under the Occupational Health and Safety Act 85 of 1993 (OHSA). The court’s decision considered whether inspectors issuing contravention notices were properly certified, and whether their interpretation of workplace seating requirements under the Facilities Regulations 2004 (Facilities Regulations) was legally sound. The court also clarified what is meant by an appeal in terms of section 35(3) of the OHSA and how a court should approach such an appeal where an aggrieved party challenges the findings of an inspector.
Employment Law
5 min read