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Section 45 financial assistance: The pitfalls, perils, and importance of getting it right as highlighted by the recent <em>Steinhoff</em> court case
4 August 2021 Corporate & Commercial

Section 45 financial assistance: The pitfalls, perils, and importance of getting it right as highlighted by the recent Steinhoff court case

In The Sound of Music, we are reminded in the song Do-Re-Mi to “start at the very beginning, a very good place to start”. When it comes to discussing financial assistance in terms of the Companies Act 71 of 2008 (Companies Act), the “beginning” might not be the best place to start. In order to highlight its importance, the best place to start would actually be at the very end, the consequences which arise when the provisions of the Companies Act which regulate financial assistance are not complied with.

Wage offer for public sector employees
4 August 2021 Employment Law

Wage offer for public sector employees

Thabang Rapuleng, Director in the Employment Law practice joined Cape Talk to discuss the wage offer for public sector employees. He explains that this is a compromise for government , workers and the unions.

Njeri Wagacha talks to Grant Brooke
4 August 2021

Njeri Wagacha talks to Grant Brooke

Njeri Wagacha talks to Grant Brooke, Co-Founder of Twiga Foods and now Co-Founder of Shara Inc. on the start-up game in Kenya and seed investments and building a successful investee business in Kenya

But it’s my emails and stuff!
3 August 2021 Dispute Resolution

But it’s my emails and stuff!

Does the mandament van spolie remedy apply to email addresses and network servers? This question was recently answered by the Supreme Court of Appeal (SCA) in the case of Blendrite (Pty) Ltd and Another v Moonisami and Another (Case no 227/2020) [2021] ZASCA 77.

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Section 45 financial assistance: The pitfalls, perils, and importance of getting it right as highlighted by the recent <em>Steinhoff</em> court case
4 August 2021 Corporate & Commercial

Section 45 financial assistance: The pitfalls, perils, and importance of getting it right as highlighted by the recent Steinhoff court case

In The Sound of Music, we are reminded in the song Do-Re-Mi to “start at the very beginning, a very good place to start”. When it comes to discussing financial assistance in terms of the Companies Act 71 of 2008 (Companies Act), the “beginning” might not be the best place to start. In order to highlight its importance, the best place to start would actually be at the very end, the consequences which arise when the provisions of the Companies Act which regulate financial assistance are not complied with.

But it’s my emails and stuff!
3 August 2021 Dispute Resolution

But it’s my emails and stuff!

Does the mandament van spolie remedy apply to email addresses and network servers? This question was recently answered by the Supreme Court of Appeal (SCA) in the case of Blendrite (Pty) Ltd and Another v Moonisami and Another (Case no 227/2020) [2021] ZASCA 77.

Protecting employees from COVID-19
2 August 2021 Employment Law

Protecting employees from COVID-19

It is trite that the Occupational Health and Safety Act 85 of 1993 (OHSA), read with its regulations, requires an employer to provide and maintain as far as is reasonably practicable a working environment that is safe and without risks to the health of workers, and to take such steps as may be reasonably practicable to eliminate or mitigate such risk.

Potential closing of gap in social protection for self-employed workers
2 August 2021 Employment Law

Potential closing of gap in social protection for self-employed workers

On 23 July 2021, the South African Law Reform Commission (SALRC) released a media statement and discussion paper relating to its investigation into maternity and parental benefits for self-employed workers in the informal economy in South Africa. The investigation and its recommendations signal an important recognition of and move to address the inequalities between women and men in South Africa and the obstacles to women’s full participation in the economy.

Temporary tax relief: Announcement of emergency tax measures following recent unrest
30 July 2021 Tax & Exchange Control

Temporary tax relief: Announcement of emergency tax measures following recent unrest

Following President Cyril Ramaphosa’s announcement that tax relief measures would be introduced after the recent unrest, National Treasury gave more details on 28 July 2021 in its “Explanatory Notes on the Emergency Tax Measures in Response to the Continuing COVID-19 Pandemic and Recent Unrest in the Country” (Explanatory Document).

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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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The Cradock Four
2 August 2021 Dispute Resolution

The Cradock Four

Tim Fletcher, Head of our Dispute Resolution practice, joined eNCA to discuss the application in the Pretoria High Court to compel the National Prosecuting Authority to make a decision on whether it will prosecute those suspected of being behind the 1985 murder of the Cradock Four. CDH is acting on a pro bono basis for the family of Lukhanyo Calata, and others.

The state of business rescue in South Africa
22 July 2021 Dispute Resolution

The state of business rescue in South Africa

Belinda Scriba, Director in our Dispute Resolution practice joined Newzroom Africa to discuss the state of business rescue in South Africa. One of the major concerns raised is that the country may not have enough business rescue practitioners for the companies already in business rescue, let alone those rescues that are anticipated as a result of the latest civil unrest experienced in Gauteng and KwaZulu-Natal.

Recent action by the Competition Authority of Kenya
13 July 2021 Competition Law

Recent action by the Competition Authority of Kenya

CDH Kenya Corporate Partner, Njeri Wagacha joined The Situation Room on Spice FM. She discussed recent action by the Competition Authority of Kenya to fine bread manufacturers as part of its consumer protection agenda.

COVID-19 Mandatory Vaccination Policies
29 June 2021 Employment Law

COVID-19 Mandatory Vaccination Policies

Tamsanqa Mila, Senior Associate in our Employment Law practice joined Newzroom Afrika to discuss the COVID-19 Mandatory Vaccination Policies. He also gives insight into various COVID-19 employment law related issues in the workplace.

The unintended consequences of living together
15 June 2021 Trusts & Estates

The unintended consequences of living together

Trusts & Estates Senior Associate Linda Coffee-Kotze joined On Point on SABC 3 to contribute to a report on The (un)intended consequences of living together – why you should have a valid Will.

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Wage offer for public sector employees
4 August 2021 Employment Law

Wage offer for public sector employees

Thabang Rapuleng, Director in the Employment Law practice joined Cape Talk to discuss the wage offer for public sector employees. He explains that this is a compromise for government , workers and the unions.

Njeri Wagacha talks to Grant Brooke
4 August 2021

Njeri Wagacha talks to Grant Brooke

Njeri Wagacha talks to Grant Brooke, Co-Founder of Twiga Foods and now Co-Founder of Shara Inc. on the start-up game in Kenya and seed investments and building a successful investee business in Kenya

The state of business rescue in South Africa
29 July 2021 Business Rescue, Restructuring & Insolvency

The state of business rescue in South Africa

Senior Associate in the Business Rescue, Restructuring & Insolvency sector, joined Channel Africa to discuss the state of business rescue in South Africa. She explains that the business rescue process is not merely a prequel to a liquidation, but is rather a means to successfully rehabilitate a financially distressed company and to ensure a better return for creditors than in a liquidation.