Our team is involved in several matters concerning the National Prosecuting Authority
Our team is involved in several matters concerning the National Prosecuting Authority
Our team is involved in several matters concerning the failure of the National Prosecuting Authority to prosecute persons who were involved in murder and other serious offences during the apartheid years and who were unsuccessful in securing amnesty.
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5 Aug 2024
by Nadeem Mahomed and Aadil Patel
Labour Court judgment on retrenchment: must I issue a written notice?
Must an employer issue a written notice in terms of section 189(3) before initiating a retrenchment process? Some commentators suggest that the case in Padayachee v Serere and Others (JR1162/21) ZALCJHB 254 (20 June 2024) is authority for the view that you may do so provided certain facts are present. The message from us: ISSUE THE SECTION 189(3) WRITTEN NOTICE BEFORE EMBARKING ON A RETRENCHMENT PROCESS. This is the cautious approach.
Employment Law
2 min read
6 Feb 2025
by Nicholas Carroll
Objecting to an additional assessment: When playing possum isn’t an option
When a taxpayer is aggrieved by an assessment raised by the South African Revenue Service (SARS), the first step in disputing this is to file an objection under section 104 of the Tax Administration Act 28 of 2011 (TAA). In the recent case of Dr X and Dr X Inc v Commissioner, SARS (52/2023), the Tax Court dealt with the importance of complying with the requirements of Rule 7(2)(b) of the dispute resolution rules promulgated under section 103 of the TAA (Rules) in order for an objection to be valid. The Tax Court also clarified some of these prescribed requirements.
Tax & Exchange Control
7 min read
6 Nov 2024
by Lucinde Rhoodie and Belinda Scriba
SARS and the business rescue practitioners and business rescue scenarios
Lucinde Rhoodie and Belinda Scriba in the Corporate Debt, Turnaround & Restructuring sector recorded an episode of CDH Conversations on Monday, 21 October 2024, where they spoke about the ongoing battle between South African Revenue Service (SARS) and the business rescue practitioners and business rescue scenarios.
Corporate Debt, Turnaround & Restructuring
14:00 Minutes
21 Feb 2025
by Yvonne Mkefa and Malesela Letwaba
Draft Code of Good Practice on Dismissals
On 22 January 2025, the Department of Employment and Labour published the Draft Code of Good Practice on Dismissals, for public comment. The draft Code aims to provide guidance regarding dismissals for misconduct, incapacity, and operational requirements.
Employment Law
12:42 Minutes
28 Aug 2024
by Belinda Scriba and Serisha Hariram
Can directors be held liable to creditors under section 218, read with section 22 of the Companies Act?
This is the question that the Supreme Court of Appeal (SCA) had to answer in the recent case of Venator Africa (Pty) Ltd v Watts and Another (053/2023) ZASCA60.
Dispute Resolution
4 min read
14 May 2024
by Ceciley Oates and Raaheel Bux
Title deeds are meant to be kept safe, “not for inspiring young pilots”
When you receive your original title deed or notarial deed, especially after making a cash payment without financing through a mortgage bond, you often hear the advice, “ Please take care of these documents and keep them safe .” Replacing them can be costly and may cause delays when selling a property or leasehold rights, or securing financing.
6 min read