A prudent question is one-half of wisdom: The consequences of business email compromise for banks and attorneys

It was Sun Tzu who famously said, "He who is prudent and lies in wait for an enemy who is not, will be victorious." However, what happens to an attorney who is sufficiently prudent to confirm the banking details of a recipient but fails to question a change in the previously provided banking details of the same recipient and then falls prey to fraudsters? This question was answered by the full bench of the High Court in the case of Hartog v Daly and Others (A5012/2022) [2023] ZAGPJHC 40; [2023] 2 All SA 156 (GJ) (24 January 2023).

What constitutes “special circumstances” in an application to the Supreme Court of Appeal, for special leave to appeal

Section 17(3) read with section 16(1)(b) of the Superior Courts Act 10 of 2013 provides for an application for special leave to appeal to the Supreme Court of Appeal (SCA). According to the SCA, special circumstances may arise if the appeal deals with a substantial point of law, or the matter is of great importance to the parties or the public, or where the prospects of success on appeal are so strong that the refusal to grant leave to appeal would result in a denial of justice for the party seeking leave to appeal.

Is three years too long for a restraint of trade agreement? The court has answered

Employers can take comfort in knowing that their protectable interests are safeguarded by the courts in the event of a breach of a restraint of trade clause. In Warwick Wealth (Pty) Ltd v Anderson and Others (C178/2023) [2023] ZALCCT (18 May 2023), the court had to consider the issue of a breach of restraint of trade clause between Warwick Wealth (Pty) Ltd (the employer) and Ms Julie Anderson.

Four new circulars: Recent developments on the exchange control front

On 23 May 2023, the Financial Surveillance Department of the South African Reserve Bank (FinSurv) issued four new circulars containing various amendments to the Currency and Exchanges Manual for Authorised Dealers (AD Manual). The AD Manual contains the permissions and exceptions contemplated in the Exchange Control Regulations, 1961. In this article, we briefly discuss the amendments proposed in each circular. In light of the recent challenges facing the South African economy and the rand, these changes are of potentially greater importance, but we will analyse their practical importance in further detail in a subsequent alert.

Employment Equity Amendment Act updates

Understanding the implications of the KRA’s recent notice on eTIMS

The Kenya Revenue Authority (KRA) recently published a notice on the enforcement of the electronic tax invoice through software called eTIMS. eTIMS is the abbreviated form of electronic tax invoice management system. Through this software, the KRA seeks to ensure that all Value Added Tax (VAT) registered taxpayers generate electronic tax invoices that are transmitted to it in real time or near real time.

A prudent question is one-half of wisdom: The consequences of business email compromise for banks and attorneys

It was Sun Tzu who famously said, "He who is prudent and lies in wait for an enemy who is not, will be victorious." However, what happens to an attorney who is sufficiently prudent to confirm the banking details of a recipient but fails to question a change in the previously provided banking details of the same recipient and then falls prey to fraudsters? This question was answered by the full bench of the High Court in the case of Hartog v Daly and Others (A5012/2022) [2023] ZAGPJHC 40; [2023] 2 All SA 156 (GJ) (24 January 2023).

What constitutes “special circumstances” in an application to the Supreme Court of Appeal, for special leave to appeal

Section 17(3) read with section 16(1)(b) of the Superior Courts Act 10 of 2013 provides for an application for special leave to appeal to the Supreme Court of Appeal (SCA). According to the SCA, special circumstances may arise if the appeal deals with a substantial point of law, or the matter is of great importance to the parties or the public, or where the prospects of success on appeal are so strong that the refusal to grant leave to appeal would result in a denial of justice for the party seeking leave to appeal.

Is three years too long for a restraint of trade agreement? The court has answered

Employers can take comfort in knowing that their protectable interests are safeguarded by the courts in the event of a breach of a restraint of trade clause. In Warwick Wealth (Pty) Ltd v Anderson and Others (C178/2023) [2023] ZALCCT (18 May 2023), the court had to consider the issue of a breach of restraint of trade clause between Warwick Wealth (Pty) Ltd (the employer) and Ms Julie Anderson.

Four new circulars: Recent developments on the exchange control front

On 23 May 2023, the Financial Surveillance Department of the South African Reserve Bank (FinSurv) issued four new circulars containing various amendments to the Currency and Exchanges Manual for Authorised Dealers (AD Manual). The AD Manual contains the permissions and exceptions contemplated in the Exchange Control Regulations, 1961. In this article, we briefly discuss the amendments proposed in each circular. In light of the recent challenges facing the South African economy and the rand, these changes are of potentially greater importance, but we will analyse their practical importance in further detail in a subsequent alert.

Understanding the implications of the KRA’s recent notice on eTIMS

The Kenya Revenue Authority (KRA) recently published a notice on the enforcement of the electronic tax invoice through software called eTIMS. eTIMS is the abbreviated form of electronic tax invoice management system. Through this software, the KRA seeks to ensure that all Value Added Tax (VAT) registered taxpayers generate electronic tax invoices that are transmitted to it in real time or near real time.

Risk it for the biscuit: Opportunities for Private Equity in Business Rescue

Private equity firms have long been known for their ability to strategically identify and act on opportunities where others may not see them, and business rescue is no exception. In the private equity space, business rescue presents a unique opportunity for private equity firms and investors to invest in companies that are struggling financially but with the right resources and support, there are reasonable prospects of a profitable turn around or rehabilitation.

Dispute Resolution in African Regional Investment Agreements: Innovation or Stagnation?

Investor-state dispute settlement ("ISDS") has long been contentious within Southern Africa largely because of the South African government's policy position towards international investment arbitration.

KIPI | Special Industrial Journal | February 2021

Following the publication of a similar list in December 2020, the Kenyan Trade Marks Registrar has now published a list of 2496 trademark registrations.

Public Notice by Ministry of Petroleum and Mining, Kenya

The Ministry of Petroleum and Mining issued a public notice on 14th February 2021.

Kieti Law LLP Partner ranked as top Lawyer

Kenya Managing Partner, Sammy Ndolo ranked in Chambers Global 2021.

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

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

Employment Equity Amendment Act updates

Kenya Finance Bill 2023

The long-awaited Finance Bill, 2023 (Bill) was finally tabled before the National Assembly on 4 May 2023. The Bill comes after a lot of speculation by taxpayers, lobbying by business associations, and speeches or promises from government officials. Alex Kanyi discussed the Bill with CNBC Africa.

Menstruation leave

Leila Moosa, a Senior Associate in our Employment Law practice talks to eNCA about menstruation leave and employment law.

Public health strike action

Aadil Patel, Practice Head in our Employment Law practice, spoke to SABC News regarding SA's healthcare services being disrupted due to the NEHAWU wage strike.

South Africa has officially been greylisted

South Africa has officially been greylisted. Krevania from our Corporate Investigations sector discussed this with eNCA.

An antidote to the country's debt crisis

CDH Kenya Partner, Alex recently spoke to KBC about the expansion of taxpayers in Kenya, an antidote to the country's debt crisis

Balancing the scale of gender in dispute resolution and the legal sector

Preparing for the Department

The EEA Amendments & Draft Regulations: Fines, liabilities and powers of the department

The EEA Amendments & Draft Regulations: The impact and why employers must submit representations

Part 1 - The Employment Equity Act

This is the first episode of a series of short podcasts where our Employment Law experts unpack the implications of the recent Employment Equity Amendments on employers. This episode features Practice Head Aadil Patel, and Professional Support Lawyer Nadeem Mahomed.

The concept of lockouts and how employers may respond to a strike

A lot of discourse within employment circles in Kenya has been about strikes. However, very little has been said about the right of employers to lockout employees.