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COMESA Competition Commission issues notice of withdrawal of its practice note “CCC-MER-Practice Note 1 of 2021”
17 August 2022 Competition Law

COMESA Competition Commission issues notice of withdrawal of its practice note “CCC-MER-Practice Note 1 of 2021”

The Common Market for Eastern and Southern Africa (COMESA) Competition Commission (CCC) has withdrawn its “Practice Note on the Commission’s Application of the Term “Operate” under the COMESA Competition Regulations” and the “Application of Rule 4 of the Rules on the Determination of Merger Notification Thresholds and Method of Calculation”, which was initially published on 11 February 2021 (Practice Note). The notice of the withdrawal was published on the CCC website on 9 August 2022.

Playing by the rules: Exercise of statutory power of sale on a deceased’s charged land
16 August 2022 Real Estate Law

Playing by the rules: Exercise of statutory power of sale on a deceased’s charged land

The Court of Appeal (COA) in Marteve Guest House Limited v Njenga and Three Others (Civil Appeal 400 of 2018 [2022]) recently upheld an appeal from the Environmental and Land Court’s judgment rendering a chargee’s exercise of power of sale over a deceased’s charged land void for want of compliance with the Law of Succession Act (Cap 160 Laws of Kenya), due to service of statutory and redemption notices to persons who were not administrators of a deceased’s chargor estate but later appointed as administrators.

Three ways employers can help their employees forge ahead together
15 August 2022 Employment Law

Three ways employers can help their employees forge ahead together

The nation has been in a state of political exhilaration. Political manifestos, political figures and discussions on the fifth presidency have consumed the better part of Kenyan conversations. To avoid rising tensions, employers should do three things to promote cohesion within the workplace whilst respecting their employees’ constitutional rights. These include reminding employees of the boundaries around expressing their political opinion, conducting sensitivity trainings, and considering drafting policies that outline expectations.

Here we go again: The High Court gets a turn to weigh in on a protracted dispute
11 August 2022 Tax & Exchange Control

Here we go again: The High Court gets a turn to weigh in on a protracted dispute

In the recent judgment of SACS (Louis Trichardt) (Pty) Ltd v Commissioner for the South African Revenue Service (Case No 40420/2020 and 17064/2021), which was handed down on 14 July 2022, the High Court was faced with two applications brought by the taxpayer after a litany of prior litigation spanning the course of over a decade.

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COMESA Competition Commission issues notice of withdrawal of its practice note “CCC-MER-Practice Note 1 of 2021”
17 August 2022 Competition Law

COMESA Competition Commission issues notice of withdrawal of its practice note “CCC-MER-Practice Note 1 of 2021”

The Common Market for Eastern and Southern Africa (COMESA) Competition Commission (CCC) has withdrawn its “Practice Note on the Commission’s Application of the Term “Operate” under the COMESA Competition Regulations” and the “Application of Rule 4 of the Rules on the Determination of Merger Notification Thresholds and Method of Calculation”, which was initially published on 11 February 2021 (Practice Note). The notice of the withdrawal was published on the CCC website on 9 August 2022.

Playing by the rules: Exercise of statutory power of sale on a deceased’s charged land
16 August 2022 Real Estate Law

Playing by the rules: Exercise of statutory power of sale on a deceased’s charged land

The Court of Appeal (COA) in Marteve Guest House Limited v Njenga and Three Others (Civil Appeal 400 of 2018 [2022]) recently upheld an appeal from the Environmental and Land Court’s judgment rendering a chargee’s exercise of power of sale over a deceased’s charged land void for want of compliance with the Law of Succession Act (Cap 160 Laws of Kenya), due to service of statutory and redemption notices to persons who were not administrators of a deceased’s chargor estate but later appointed as administrators.

Three ways employers can help their employees forge ahead together
15 August 2022 Employment Law

Three ways employers can help their employees forge ahead together

The nation has been in a state of political exhilaration. Political manifestos, political figures and discussions on the fifth presidency have consumed the better part of Kenyan conversations. To avoid rising tensions, employers should do three things to promote cohesion within the workplace whilst respecting their employees’ constitutional rights. These include reminding employees of the boundaries around expressing their political opinion, conducting sensitivity trainings, and considering drafting policies that outline expectations.

Here we go again: The High Court gets a turn to weigh in on a protracted dispute
11 August 2022 Tax & Exchange Control

Here we go again: The High Court gets a turn to weigh in on a protracted dispute

In the recent judgment of SACS (Louis Trichardt) (Pty) Ltd v Commissioner for the South African Revenue Service (Case No 40420/2020 and 17064/2021), which was handed down on 14 July 2022, the High Court was faced with two applications brought by the taxpayer after a litany of prior litigation spanning the course of over a decade.

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Treasury to Implement an Unemployment Insurance Fund
23 March 2021 Employment Law

Treasury to Implement an Unemployment Insurance Fund

Widely reported last week is a plan by the Treasury to set up an Unemployment Insurance Fund (UIF), in order to assist the unemployed as a result of the COVID-19 pandemic. As reported, the plan seems rather simple; a 1% tax will be levied on employees and employers alike in order to fund the UIF and offer a monthly stipend to the unemployed, or those unable to work due to illness.

Labour and Employment Guide 2020
23 March 2021 Employment Law

Labour and Employment Guide 2020

Partner Desmond Odhiambo and Associate Peter Mutema recently contributed to the 2020 edition of Getting The Deal Through - Labour and Employment.

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Aadil Patel discusses the four day week
12 July 2022 Employment Law

Aadil Patel discusses the four day week

Whilst a four-day work week is attractive, South Africa needs to move to a productivity-based work model, in order to achieve success; this according to Aadil Patel, Director and Practice Head in our Employment Law practice, during his interview with Newzroom Afika.

Turnaround Talks | Unpacking the Comair saga
4 July 2022 Dispute Resolution

Turnaround Talks | Unpacking the Comair saga

Director and Head of our Business Rescue, Restructuring & Insolvency sector Tobie Jordaan, with Directors, Lucinde Rhoodie, Belinda Scriba, Roxanne Webster, and Associate Nseula Chilikhuma were panellists at a virtual round table discussion in collaboration with Turnaround Talks. The discussion unpacked the Comair saga and the lessons that can be learnt after it was placed under provisional liquidation by the South Gauteng High Court in Johannesburg.

High Court's decision to place Comair under provisional liquidation
20 June 2022 Dispute Resolution

High Court's decision to place Comair under provisional liquidation

"Are you going to see your money again?", Morning Live host Leanne Manas says that’s the question on everyone's mind following the High Court's decision to place Comair under provisional liquidation. Tobie Jordaan, Sector Head in our Business Rescue, Restructuring & Insolvency Sector, sat down with Morning Live to discuss the impact of the court's decision.

Comair under provisional liquidation
20 June 2022 Dispute Resolution

Comair under provisional liquidation

Following the High Court's decision to place Comair under provisional liquidation on 14 June 2022, Roxanne Webster, Director in our Business Rescue, Restructuring, & Insolvency Sector discussed the impact of this decision on travellers, with Newzroom Afrika.

Retrenchment due to not vaccinating
20 May 2022 Employment Law

Retrenchment due to not vaccinating

Hugo Pienaar, Director in our Employment Law practice, delved into a recent CCMA case where an employee, who refused to be vaccinated in terms of the employer's compulsory vaccination policy, was retrenched and forfeited their severance pay.

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Zero-tolerance stance on the hiring of illegal foreign workers in South Africa
8 August 2022 Employment Law

Zero-tolerance stance on the hiring of illegal foreign workers in South Africa

The government sent out a warning to all South African employers during the recent global mobility conference, held by Xpatweb. They announced that they will be adopting a zero-tolerance stance on the hiring of illegal foreign workers in South Africa and the Department of Home Affairs is calling upon all employers to ensure that their expatriate staff are in possession of legally obtained work visas. CDH Employment Law Director, Hedda Schensema joined Channel Africa to unpack this.

Njeri Wagacha talks to Shem Otanga
8 August 2022 Technology, Media & Telecommunications

Njeri Wagacha talks to Shem Otanga

On this month's podcast, Njeri talks to fellow Partner Shem Otanga on the Data Protection Registration Regulations, the requirements for registration in Kenya, what it means to be a Data Controller or Data Processor. He further discusses the need for Data Protection Regulation across Africa and case law regarding this.

South Africa's medical cannabis industry
2 August 2022 Dispute Resolution

South Africa's medical cannabis industry

Shaad Vayej, Associate in the Dispute Resolution Practice joined Lotus FM to unpack South Africa's medical cannabis industry. He notes that in order for us to fully realise the opportunity this industry represents to the economy, a comprehensive, coherent and inclusive legal framework must be prioritised. He also discusses some of the major developments that have emerged recently in the local medical cannabis space

Hydrogen energy
25 July 2022 Industrials, Manufacturing & Trade

Hydrogen energy

In March 2022, the Department of Science and Innovation published a hydrogen society roadmap. Jackwell Ferris, Director and Sector Head in our Industrials, Manufacturing & Trade sector unpacked the technicalities of a hydrogen economy in Africa.

Taxpayer confidentiality
22 July 2022 Tax & Exchange Control

Taxpayer confidentiality

Recent cases relating to taxpayer confidentiality, especially regarding public figures and taxpayers seeking confidentiality in the High Court, have raised some questions. Louis Botha, Senior Associate in our Tax & Exchange Control practice noted in his interview with Kaya FM that, proceedings in the tax court, which jurisdiction is limited, are automatically confidential. However, where a tax matter has to be heard by the High Court as it falls outside the Tax Court’s jurisdiction, the proceedings will only be confidential in special cases.

Be warned of the zero-tolerance stance of the employment of illegal foreign nationals
20 July 2022 Employment Law

Be warned of the zero-tolerance stance of the employment of illegal foreign nationals

CDH's Employment Law experts, Hedda Schensema and Taryn York, discuss the warning government has sent out to South African employers, in relation to the hiring of illegal foreign workers, during the recent global mobility conference, held by Xpatweb. During the conference, government announced that it is adopting a zero-tolerance stance on the hiring of illegal foreign workers in South Africa. The Department of Home Affairs is calling upon all employers to ensure that their expatriate staff are in possession of legally obtained work visas and have confirmed that it will be taking a ‘no-mercy’ stance in respect of employers who do not comply.