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Fraud unravels all, including contracts of employment
30 January 2023 Dispute Resolution

Fraud unravels all, including contracts of employment

The insidious effect of fraud permeates the entire legal system. This is because it renders contracts voidable at the instance of the innocent party; is a crime; excludes the effects of an ouster clause in legislation; and nullifies a contractual exemption clause which purports to exclude a party from the consequences of fraudulent conduct. Its effects are therefore far-reaching. This was recently illustrated in Umgeni Water v Naidoo and Another (11489/2017P) [2022] ZAKZPHC 80 (15 December 2022), in the context of employment relationships.

Quiet hiring: The next employment trend?
30 January 2023 Employment Law

Quiet hiring: The next employment trend?

In the recent past, economists and employment lawyers, among others, have identified and analysed employment trends in the workplace such as the “great resignation” and “quiet quitting”. Given the recent indicators of a probable global recession in 2023, the term “quiet hiring” is now being used to describe a workplace phenomenon that deliberately avoids the hiring of new full-time employees.

The devil is in the detail: When new grounds of appeal can be raised, and when not
26 January 2023 Tax & Exchange Control

The devil is in the detail: When new grounds of appeal can be raised, and when not

In a previous article with reference to the case of Nesongozwi v Commissioner for SARS (838/2021) [2022] ZASCA 138 we discussed the importance of a taxpayer sticking to their original grounds of objection on the road to the Tax Court (and beyond). In its recent decision of IT45710, the Tax Court re-iterated the importance of this principle, but not without discussing the exception to it.

Tax Revenue Potential
26 January 2023 Tax & Exchange Control

Tax Revenue Potential

Alex Kanyi, Partner in the Tax & Exchange Control Practice at CDH Kenya recently discussed the internal revenue potential of counties in Kenya

You can fish for fun, but leave your drones at home: The legality of using bait-carrying drones when fishing
25 January 2023 Agriculture, Aquaculture & Fishing

You can fish for fun, but leave your drones at home: The legality of using bait-carrying drones when fishing

The Marine Living Resources Act 18 of 1988 (Act), along with the Regulations in terms of the Act, 1998 (Regulations) must be interpreted in such a way that it promotes the Minister of Agriculture, Forestry and Fisheries’ (Minister) constitutional obligation to ensure that the impact of fishing activities does not negatively affect the stability of the fish population. This was the argument of the respondents in the case of Gannet Works (Pty) Ltd and Others v Middleton N.O and Another (14880/2022) [2022] ZAGPPHC 250 (12 April 2022).

Is equitable access into the mining industry ensured?
25 January 2023 Mining & Minerals

Is equitable access into the mining industry ensured?

South Africa’s economy expanded by 1,6% in the third quarter of 2022, according to the Stats SA GDP outlook published on 6 December 2022, and the mining industry increased its economic output by 2,1%, maintaining its status as one of the main contributors to the country’s GDP and employment. With this in mind, the questions to be asked are: What are the current barriers to entry? Is the industry exclusionary or accessible for small business entrepreneurs and historically disadvantaged communities looking to participate in the mining industry? What mechanisms/systems are in place to ensure transformation within the mining industry?

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Fraud unravels all, including contracts of employment
30 January 2023 Dispute Resolution

Fraud unravels all, including contracts of employment

The insidious effect of fraud permeates the entire legal system. This is because it renders contracts voidable at the instance of the innocent party; is a crime; excludes the effects of an ouster clause in legislation; and nullifies a contractual exemption clause which purports to exclude a party from the consequences of fraudulent conduct. Its effects are therefore far-reaching. This was recently illustrated in Umgeni Water v Naidoo and Another (11489/2017P) [2022] ZAKZPHC 80 (15 December 2022), in the context of employment relationships.

Quiet hiring: The next employment trend?
30 January 2023 Employment Law

Quiet hiring: The next employment trend?

In the recent past, economists and employment lawyers, among others, have identified and analysed employment trends in the workplace such as the “great resignation” and “quiet quitting”. Given the recent indicators of a probable global recession in 2023, the term “quiet hiring” is now being used to describe a workplace phenomenon that deliberately avoids the hiring of new full-time employees.

The devil is in the detail: When new grounds of appeal can be raised, and when not
26 January 2023 Tax & Exchange Control

The devil is in the detail: When new grounds of appeal can be raised, and when not

In a previous article with reference to the case of Nesongozwi v Commissioner for SARS (838/2021) [2022] ZASCA 138 we discussed the importance of a taxpayer sticking to their original grounds of objection on the road to the Tax Court (and beyond). In its recent decision of IT45710, the Tax Court re-iterated the importance of this principle, but not without discussing the exception to it.

You can fish for fun, but leave your drones at home: The legality of using bait-carrying drones when fishing
25 January 2023 Agriculture, Aquaculture & Fishing

You can fish for fun, but leave your drones at home: The legality of using bait-carrying drones when fishing

The Marine Living Resources Act 18 of 1988 (Act), along with the Regulations in terms of the Act, 1998 (Regulations) must be interpreted in such a way that it promotes the Minister of Agriculture, Forestry and Fisheries’ (Minister) constitutional obligation to ensure that the impact of fishing activities does not negatively affect the stability of the fish population. This was the argument of the respondents in the case of Gannet Works (Pty) Ltd and Others v Middleton N.O and Another (14880/2022) [2022] ZAGPPHC 250 (12 April 2022).

Is equitable access into the mining industry ensured?
25 January 2023 Mining & Minerals

Is equitable access into the mining industry ensured?

South Africa’s economy expanded by 1,6% in the third quarter of 2022, according to the Stats SA GDP outlook published on 6 December 2022, and the mining industry increased its economic output by 2,1%, maintaining its status as one of the main contributors to the country’s GDP and employment. With this in mind, the questions to be asked are: What are the current barriers to entry? Is the industry exclusionary or accessible for small business entrepreneurs and historically disadvantaged communities looking to participate in the mining industry? What mechanisms/systems are in place to ensure transformation within the mining industry?

Key factors to consider in the retrenchment of employees
23 January 2023 Employment Law

Key factors to consider in the retrenchment of employees

Economists have very recently predicted that South Africa has a 45% risk of entering into a recession. Such a recession would come at the worst time for the country’s economic recovery. The many businesses that are in survival mode and the employees who have been under the constant threat of job losses occasioned by the COVID-19 pandemic and the adverse effects of loadshedding will be the primary casualties.

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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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16 Days of Activism Against Gender-Based Violence - Sexual harassment in the workplace
6 December 2022 Employment Law

16 Days of Activism Against Gender-Based Violence - Sexual harassment in the workplace

As the world commemorates the annual 16 Days of Activism Against Gender-Based Violence, in South Africa we place a specific focus on no violence against women and children. According to a study by the University of South Africa/Universiteit van Suid-Afrika, sexual harassment in the workplace is increasing, with over 51 830 sexual offences committed annually. Hedda Schensema, Director in our Employment Law practice discussed this in more detail with eNCA.

The Hustler Economic Revival
14 November 2022 Tax & Exchange Control

The Hustler Economic Revival

Alex Kanyi, Partner in the Nairobi Tax & Exchange Control practice recently sat down with NTV to discuss the changing tax laws in Kenya.

I tweet what I like
9 November 2022 Employment Law

I tweet what I like

Social media has radically transformed our modes of communication, however, there are inherent dangers, given the public nature of these platforms. Phetheni Nkuna, Director in our Employment Law practice discusses how we should balance the scales between sharing an opinion, fair comment, and defamation of character, with eNCA

Collection of rental income tax is nothing new
26 October 2022 Tax & Exchange Control

Collection of rental income tax is nothing new

CDH Kenya Partner, Alex Kanyi joined NTV to discuss the collection of rental income tax. He delves into the notice issued by the Kenya Revenue Authority authorising its agents to ask for information of landlords' details from tenants, which information may be used for their rental income tax assessments.

Kenya Kwanza taxation plans
24 October 2022 Tax & Exchange Control

Kenya Kwanza taxation plans

Alex Kanyi, a Partner in our CDH Kenya Tax & Exchange Control joined Business Redefined show on NTV Kenya to discuss the Kenya Kwanza taxation plan. In this interview, Alex together with a panel of experts delve into the new taxation plans and issues regarding taxations in light of the new government

Tax potential of Kenyan counties
14 October 2022 Tax & Exchange Control

Tax potential of Kenyan counties

Alex Kanyi, Partner in the Tax & Exchange Control Practice at CDH Kenya recently discussed the internal revenue potential of counties in Kenya. Watch his interview with CNBC Africa here

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Tax Revenue Potential
26 January 2023 Tax & Exchange Control

Tax Revenue Potential

Alex Kanyi, Partner in the Tax & Exchange Control Practice at CDH Kenya recently discussed the internal revenue potential of counties in Kenya

Thandiwe Nhlapho elected to serve on the ILFA National Committee
24 January 2023 Corporate & Commercial

Thandiwe Nhlapho elected to serve on the ILFA National Committee

Thandiwe recently completed the International Lawyers for Africa (ILFA) advanced training and secondment programme. ILFA is a capacity building Africa focused organisation founded in 2006 to enhance the quality of legal services and strengthen the rule of law in Africa. Thandiwe is joined by Fateema Benjamin, Programme Manager of ILFA, where they discuss international opportunities offered by the organisation for lawyers on the African continent. Thandiwe has also been elected to join the ILFA National Committee in South Africa. Congratulations Thandiwe!

Njeri Wagacha talks to Pat Mbugua
13 January 2023 Corporate & Commercial

Njeri Wagacha talks to Pat Mbugua

In the first episode of Njeri Talks Law for the year, Njeri Wagacha speaks with Pat Mbugua, Head of Legal, Client Coverage, Corporate Commercial and Institutional Banking, East Africa, at Standard Chartered Bank Kenya Limited. Pat was runner up for the Lawyer of the Year at the 2022 Nairobi Legal Awards.

Thandiwe successfully completes the ILFA secondment programme
20 December 2022 Corporate & Commercial

Thandiwe successfully completes the ILFA secondment programme

Congratulations to Thandiwe Nhlapho on successfully completing the International Lawyers for Africa advanced training and secondment programme at Debevoise & Plimpton. Thandiwe has been away in London since September 2022 to enhance her professional development, which she discusses in this episode of CDH Conversation.

Njeri Wagacha provides a summary of the year's recordings
12 December 2022 Corporate & Commercial

Njeri Wagacha provides a summary of the year's recordings

Every month CDH Kenya Partner Njeri Wagacha publishes a podcast 'Njeri Talks Law'. In this final podcast for 2022, Njeri extends her gratitude to her listeners for accompanying her on your journey and provides a summary of her 2022 podcasts.