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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4 Jul 2023
Achieving equitable workforce representation: The settlement agreement on employment equity and affirmative action between the Government and Solidarity
On 14 April 2023, President Cyril Ramaphosa assented to the Employment Equity Amendment Act 4 of 2022 (EEA Amendment). The EEA Amendment introduces various changes, including the identification and establishment of equity numerical targets for different sectors.
Employment Law
5 min read
13 Jul 2023
by Tendai Jangara
Protection of Personal Information Act (POPIA)
On 3 July 2023, the Information Regulator issued the first administrative fine for POPIA violations and failure to comply with an enforcement notice. This alert considers the key lessons that can be drawn from the fact that the Department of Justice and Constitutional Development failed to remedy the information security shortcomings identified by the Information Regulator and is now the first responsible party to be sanctioned for non-compliance.
Corporate & White Collar Investigations
7 min read
29 Jun 2023
by Puleng Mothabeng
P.O.V: Your partner ends the partnership but at least there’s no tax payable: BPR 391
At common law, a partnership is not considered to be a legal entity or persona with legal personality separate from its partners. Rather, a partnership has been defined as a legal relationship between two or more persons who carry on a lawful business or undertaking, to which each contributes either money or labour, or anything of value with the object of making a profit, and of sharing that profit between them. As such, all legal consequences flowing from a partnership accrue to the partners in their personal capacities. This is also the position under the Income Tax Act 58 of 1962 (Act). Therefore, any property of the partnership is co-owned by the partners in undivided shares. Each partner therefore has a proportionate interest in the partnership, and by acquiring an interest in the partnership, each partner acquires an undivided share in the assets of the partnership.
Tax & Exchange Control
6 min read
7 Aug 2023
by Phetheni Nkuna and Brigitta Mangale
WOZA Podcast Two - The challenges women in law face today
Join CDH Conversations as we continue to commemorate 100 years of women in law. This series of three episodes, hosted in collaboration with WOZA Women in Law explores the history and vision of women in the legal profession.
Firm News
49:27 Minutes
27 Sep 2023
by Emily West, Menachem Gudelsky, Mbonisi Ndlovu and Gaby Wesson
Recent amendments to South Africa’s trust and non-profit organisation legislation in response to the Financial Action Task Force greylisting: Part two
Part one of this series ( which you can read here ) dealt with the amendments that are relevant to non-profit organisations. As alluded to in that article, the General Laws (Anti Money Laundering and Combatting Terrorism Financing) Amendment Act 23 of 2022 also amended the Trust Property Control Act 57 of 1988 (TPCA). The Legislature passed amendments (effective from 1 April 2023) which impose disclosure and administrative obligations on trustees (specifically when transacting with institutions listed in the Financial Intelligence Centre Act 38 of 2002 (FICA)).
Corporate & Commercial Law
6 min read
19 Jul 2023
by Zachary Kokosioulis
Digging deeper: SCA prospecting for solutions in financially distressed group of companies
In a recent ruling, the Supreme Court of Appeal (SCA) upheld the judgment of the Mpumalanga High Court in a long-standing dispute between Arqomanzi (Pty) Limited (Arqomanzi) and the appellants, Vantage Goldfields SA (Pty) Ltd and Vantage Goldfields Ltd. The case centered around the business rescue proceedings of certain companies in the Vantage group of companies, which faced financial distress following a tragic mining accident at one of its mines.
Business Rescue, Restructuring & Insolvency
5 min read