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Companies Amendment Bill, 2021: Circumstances under which private companies will be regarded as regulated companies in the context of affected transactions
27 October 2021 Corporate & Commercial

Companies Amendment Bill, 2021: Circumstances under which private companies will be regarded as regulated companies in the context of affected transactions

It has been over three years since the first publication of the proposed amendments to the Companies Act 71 of 2008 (Act) by the Companies Amendment Bill in September 2018 (Initial Bill). As a result of public presentations and consultation with stakeholders, the Department of Trade, Industry and Competition has now made changes to the Initial Bill, as contained in the Companies Amendment Bill, 2021 (Bill). The Bill was published on 1 October 2021 for public comment. The Bill does not introduce significant changes to the Initial Bill.

AI in the agricultural sector
27 October 2021 Technology, Media & Telecommunications

AI in the agricultural sector

Artificial Intelligence (AI) has entrenched itself in our day-to-day workings and is fast becoming a necessity across various industries and sectors for efficient growth. Christoff Pienaar, Director and Practice Head of the Technology, Media, & Telecommunications Practice, joined Channel Africa to discuss the use of technology and, in particular the use of AI in the agricultural sector.

Unravelling the Plascon-Evans rule
26 October 2021 Dispute Resolution

Unravelling the Plascon-Evans rule

“Four things belong to a judge: to hear courteously, answer wisely, consider soberly and decide impartially.” – Socrates Recently the Judicial Service Commission held interviews of candidates for judicial positions to make recommendations for the appointment of judges in different South African courts. Some of the candidates struggled with questions relating to the well-established principle of the Plascon-Evans rule. For those who don’t know what the Plascon-Evans rule means, as well as for those who think they know, we have put together an overview of the application of the rule.

Mandatory vaccinations: A roadmap for considering medical exemptions
25 October 2021 Employment Law

Mandatory vaccinations: A roadmap for considering medical exemptions

Employers who wish to implement a mandatory vaccination policy must permit employees to raise objections or apply for exemption from the policy on the basis of, amongst others, medical grounds. The road map below provides employers with some of the considerations to take into account when determining an exemption application based on medical grounds. As always, the law in relation to the processing of personal information must be adhered to.

When failure becomes fatal: The consequences of defective  referral forms in CCMA and bargaining council disputes
25 October 2021 Employment Law

When failure becomes fatal: The consequences of defective referral forms in CCMA and bargaining council disputes

The rules governing the conduct of proceedings before the Commission For Conciliation, Mediation and Arbitration (CCMA) and the various bargaining councils are binding on litigants before that forum. Any failure to obey the rules will attract the necessary consequences. In the Labour Appeal Court’s (LAC) judgment in Adams v National Bargaining Council for the Freight and Logistics Industry and Others [2020] 9 BLLR 867 (LAC), this issue arose in relation to the propriety of a representative attorney signing referral forms on behalf of their client, a dismissed employee.

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Companies Amendment Bill, 2021: Circumstances under which private companies will be regarded as regulated companies in the context of affected transactions
27 October 2021 Corporate & Commercial

Companies Amendment Bill, 2021: Circumstances under which private companies will be regarded as regulated companies in the context of affected transactions

It has been over three years since the first publication of the proposed amendments to the Companies Act 71 of 2008 (Act) by the Companies Amendment Bill in September 2018 (Initial Bill). As a result of public presentations and consultation with stakeholders, the Department of Trade, Industry and Competition has now made changes to the Initial Bill, as contained in the Companies Amendment Bill, 2021 (Bill). The Bill was published on 1 October 2021 for public comment. The Bill does not introduce significant changes to the Initial Bill.

Unravelling the Plascon-Evans rule
26 October 2021 Dispute Resolution

Unravelling the Plascon-Evans rule

“Four things belong to a judge: to hear courteously, answer wisely, consider soberly and decide impartially.” – Socrates Recently the Judicial Service Commission held interviews of candidates for judicial positions to make recommendations for the appointment of judges in different South African courts. Some of the candidates struggled with questions relating to the well-established principle of the Plascon-Evans rule. For those who don’t know what the Plascon-Evans rule means, as well as for those who think they know, we have put together an overview of the application of the rule.

Mandatory vaccinations: A roadmap for considering medical exemptions
25 October 2021 Employment Law

Mandatory vaccinations: A roadmap for considering medical exemptions

Employers who wish to implement a mandatory vaccination policy must permit employees to raise objections or apply for exemption from the policy on the basis of, amongst others, medical grounds. The road map below provides employers with some of the considerations to take into account when determining an exemption application based on medical grounds. As always, the law in relation to the processing of personal information must be adhered to.

When failure becomes fatal: The consequences of defective  referral forms in CCMA and bargaining council disputes
25 October 2021 Employment Law

When failure becomes fatal: The consequences of defective referral forms in CCMA and bargaining council disputes

The rules governing the conduct of proceedings before the Commission For Conciliation, Mediation and Arbitration (CCMA) and the various bargaining councils are binding on litigants before that forum. Any failure to obey the rules will attract the necessary consequences. In the Labour Appeal Court’s (LAC) judgment in Adams v National Bargaining Council for the Freight and Logistics Industry and Others [2020] 9 BLLR 867 (LAC), this issue arose in relation to the propriety of a representative attorney signing referral forms on behalf of their client, a dismissed employee.

The end of share incentive schemes?
21 October 2021 Tax & Exchange Control

The end of share incentive schemes?

On 15 October 2021, in Commissioner for the South African Revenue Service v Spur Group (Pty) Ltd (Case no 320/20) [2021] ZASCA 145 (15 October 2021), the Supreme Court of Appeal (SCA) handed down judgment on whether a capital contribution made by an employer taxpayer to a trust established for purposes of an employee share incentive scheme was deductible for income tax purposes. The SCA also determined whether prescription applied in the circumstances. This article discusses the case and the impact of its findings on share incentive schemes in South Africa.

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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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Legalities and laws surrounding home ownership in South Africa
19 October 2021 Dispute Resolution

Legalities and laws surrounding home ownership in South Africa

Nomlayo Mabhena, Associate in our Dispute Resolution practice appeared on Daily Thetha, an educational talk show on SABC 1 that explores youth issues, as well as issues of national importance. She formed part of a panel that discussed the legalities and laws surrounding home ownership in South Africa, especially when there are disputes involved. The episode focused on the notion of adequate shelter by looking at navigating home ownership as black South Africans.

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.

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AI in the agricultural sector
27 October 2021 Technology, Media & Telecommunications

AI in the agricultural sector

Artificial Intelligence (AI) has entrenched itself in our day-to-day workings and is fast becoming a necessity across various industries and sectors for efficient growth. Christoff Pienaar, Director and Practice Head of the Technology, Media, & Telecommunications Practice, joined Channel Africa to discuss the use of technology and, in particular the use of AI in the agricultural sector.

SARS and Spur legal battle
22 October 2021 Tax & Exchange Control

SARS and Spur legal battle

Recently, the South African Revenue Service (SARS) and Spur have been at loggerheads regarding the restaurant group's R48 million share scheme incentive. Jerome Brink, Director in our Tax & Exchange Control Practice provided insight, from a legal perspective, on The Money Show with Bruce Whitfield

The considerations pertaining to an application for exemption from a mandatory vaccination policy based on religious grounds
11 October 2021 Employment Law

The considerations pertaining to an application for exemption from a mandatory vaccination policy based on religious grounds

As various businesses across South Africa attempt to return to some level of normality, the question of mandatory vaccine policies finds itself at the forefront. Dylan Bouchier and Alistair Dey-van Heerden from the CDH Employment Law practice, unpack the considerations around applications for exemption from mandatory workplace vaccine policies, based on religious grounds in light of the most recent international jurisprudence on the issue.

Njeri talks to Shanif Dewany, Charles Omanga and Nyokabi Manguyu
8 October 2021 Corporate & Commercial

Njeri talks to Shanif Dewany, Charles Omanga and Nyokabi Manguyu

On this month’s podcast Njeri talks to Shanif Dewany, Charles Omanga and Nyokabi Manguyu of Horizon Capital and the Asiri Group. Njeri, Shanif, Charles and Nyokabi tackle corporate law and its role in developing economies. Shanif, Charles and Nyokabi give a masterclass on understanding M&A, Corporate Finance, wealth management and succession planning in this important and informative discussion.

Abuse of business rescue in South Africa
7 October 2021 Business Rescue, Restructuring & Insolvency

Abuse of business rescue in South Africa

Kylene Weyers, Senior Associate in our Business Rescue, Restructuring & Insolvency sector, joined Kaya FM to discuss the abuse of business rescue in South Africa. She explains the regulation and how some companies exploit the business rescue scheme. She further unpacks the legal remedies for combating the abuse.