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On 29 October 2020, the South African Reserve Bank (SARB) published Exchange Control Circular No. 15/2020 (Circular) titled “Reclassification of inward listed debt and derivative instruments as well as exchange traded funds referencing foreign assets”.
In the recent SCA judgment of Knoop and Another NNO v Gupta (No 1) (115/2020) [2020] ZASCA 149 (19 November 2020) the court had to consider not only the main issue on appeal which was the appeal against a judgment in the High Court ordering for the removal of two business rescue practitioners of two unbanked companies, Islandsite Investments One Hundred and Eighty (Pty) Ltd (Islandsite) and Confident Concept (Pty) Ltd (Confident Concept), but also the issue of the suspension of the execution order and whether or not this was to be upheld despite the High Court’s direction to execute immediately.
In a satisfying victory for our Pro Bono & Human Rights Practice, on Wednesday 25 November, the Supreme Court of Appeal (the SCA) resoundingly dismissed the Department of Home Affairs (DHA) appeal against the judgment of the Gauteng High Court in the matter of the Minister of Home Affairs and Others v Jose and Another (169/2020 [2020] ZASCA 152 (25 November 2020). The High Court had found in the brothers’ favour and ordered the Minister to grant them citizenship within 10 days of its order.
CDH, FTI Consulting and Insight Actuaries hosted a webinar where the future of South African healthcare and some of the lessons learnt from COVID19 were discussed.
Many on-demand content streaming services have thus far managed to evade licensing requirements in South Africa, but a new white paper seeks to change this.
In the case of Afribusiness NPC V The Minister of Finance (Case no 1050/2019) [2020] ZASCA 140, the Supreme Court of Appeal (SCA) declared as invalid and set aside the Preferential Procurement Regulations of 2017 (2017 Regulations) gazetted by the Minister of Finance (Minister) in 2017 under section 5 of the Preferential Procurement Policy Framework Act of 2005 (Framework Act).
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On 29 October 2020, the South African Reserve Bank (SARB) published Exchange Control Circular No. 15/2020 (Circular) titled “Reclassification of inward listed debt and derivative instruments as well as exchange traded funds referencing foreign assets”.
In the recent SCA judgment of Knoop and Another NNO v Gupta (No 1) (115/2020) [2020] ZASCA 149 (19 November 2020) the court had to consider not only the main issue on appeal which was the appeal against a judgment in the High Court ordering for the removal of two business rescue practitioners of two unbanked companies, Islandsite Investments One Hundred and Eighty (Pty) Ltd (Islandsite) and Confident Concept (Pty) Ltd (Confident Concept), but also the issue of the suspension of the execution order and whether or not this was to be upheld despite the High Court’s direction to execute immediately.
In a satisfying victory for our Pro Bono & Human Rights Practice, on Wednesday 25 November, the Supreme Court of Appeal (the SCA) resoundingly dismissed the Department of Home Affairs (DHA) appeal against the judgment of the Gauteng High Court in the matter of the Minister of Home Affairs and Others v Jose and Another (169/2020 [2020] ZASCA 152 (25 November 2020). The High Court had found in the brothers’ favour and ordered the Minister to grant them citizenship within 10 days of its order.
CDH, FTI Consulting and Insight Actuaries hosted a webinar where the future of South African healthcare and some of the lessons learnt from COVID19 were discussed.
Many on-demand content streaming services have thus far managed to evade licensing requirements in South Africa, but a new white paper seeks to change this.
In the case of Afribusiness NPC V The Minister of Finance (Case no 1050/2019) [2020] ZASCA 140, the Supreme Court of Appeal (SCA) declared as invalid and set aside the Preferential Procurement Regulations of 2017 (2017 Regulations) gazetted by the Minister of Finance (Minister) in 2017 under section 5 of the Preferential Procurement Policy Framework Act of 2005 (Framework Act).
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The emergence of Covid-19 introduced a host of governmental directives that made it impossible for some parties to meet their contractual obligations, often leaving them scrambling for their contracts to see how this has been regulated, if at all.
On 8 April 2020, the Labour Court heard an urgent application launched by the National Education, Health and Allied Workers Union ("NEHAWU") against the Minister of Health ("the Minister"), the Minister of Employment and Labour, and the Provincial MECs for Health. This application concerned whether adequate provision of personal protective equipment ("PPE") was being made available to healthcare workers on the front line in public hospitals.
Cliffe Dekker Hofmeyr (CDH), a top ranked law firm and a provider of legal services in the area of insurance law and related litigation, announced today that it has become the exclusive member firm in South Africa for Insuralex Global Insurance Lawyers Group, the world’s leading insurance and reinsurance law firm network.
Pieter Conradie and Anja Hofmeyr have made written contribution to the ICLG: The International Comparative Legal Guide to: Class and Group Actions 2019
Director Bridget King authored the article "The ‘Fatal Flaw’ in South Africa’s Financial Regulation" in the latest SA Treasurer Journal.
Many highly successful start-ups are bedevilled by legal disputes, often between founders or funders, which could have been easily avoided. The story of McDonalds is one example. It was founded by brothers, Richard and Maurice McDonald, who were ultimately allegedly short-changed by Raymond Albert "Ray" Kroc, who joined the business after its establishment but took all the glory (and the money). How? Because they did not put legal agreements in place to regulate their partnership.
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Louis Botha Tax & Exchange Control Senior Associate, took part in a panel discussion on CNBC's Closing Bell to unpack some highlights from Finance Minister Tito Mboweni's mid-term budget speech on 28 October 2020.
Bongani Masuku, Director in the Employment Law practice joined eNCA to discuss the implications of drinking on the job whilst working from home. He explains the obligations of employers and employees responsibilities arising from the continued applicability of the Occupational Health and Safety Act; the provisions of the LRA and Contracts of Employment during the National Lockdown
Employment Law Director Phetheni Nkuna joined SABC's Morning Live to discuss the legalities around the consumption of and intoxication from alcohol, drugs and dagga while working remotely during the COVID-19 pandemic.
Hugo Pienaar, Director in the Employment Law practice joined CNBC Africa to discuss the federation union's strike on 7 October 2020. He unpacks the legislative framework and the impact of the strike.
Andrew MacPherson, Senior Associate in the Dispute Resolution practice featured in a panel interview on Business Day TV. He discusses the Cannabis for Private Purposes Bill and the recent landmark court judgment regarding the private consumption and cultivation of cannabis.
Employment Director Fiona Leppan joined Newzroom Afrika to take a look at whether South African employers are being sufficiently receptive to the additional burden of family responsibility that has been introduced to women working at home during lockdown.
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Unfair discrimination against persons with disabilities is prohibited both in terms of the Constitution as well as the Employment Equity Act. The purpose of the Employment Equity Act is to promote equity and diversity in the workplace.
Employment Law Director Gillian Lumb joined Lunch with Pippa Hudson on Cape Talk to discuss remote working during the lockdown including the legalities around the consumption of alcohol while working from home.
Louis Botha, Senior Associate in the Tax & Exchange Control practice joined Benito Vergotine on Smile FM to discuss key aspects from the mid-term budget policy speech (MTBPS), that took place on 28 October 2020.
Director and Head of CDH's Mining & Minerals sector, Allan Reid, joined Channel Africa to discuss the opportunities around rebuilding the mining sector.
Senior Associate, Anli Bezuidenhout joined Radio Sonder Grense to discuss drinking alcohol during working hours at while working from home.
Tax & Exchange Control Associate Louise Kotze joined Channel Africa to look at SARS’ decision to audit and whether or not it can be taken on review
