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The call should come from inside the house: Some clarity on when judgments involving a company under business rescue can be rescinded
8 December 2021 Dispute Resolution

The call should come from inside the house: Some clarity on when judgments involving a company under business rescue can be rescinded

In the recent case of CNA Operations (Pty) Ltd and others v Anglowealth Sharia (Pty) Ltd and others (CNA Operations) the Gauteng Local Division of the High Court (the Court) provided clarity on whether employees, creditors and holders of securities in a company under business rescue qualify as “affected parties” for the purposes of determining whether a judgment handed down in their absence is vulnerable to being rescinded in terms of Rule 42(1)(a) of the Uniform Rules of Court (the Rules).

Shedding light on a sunken ship: The why what and how of insolvency enquiries
8 December 2021 Business Rescue, Restructuring & Insolvency

Shedding light on a sunken ship: The why what and how of insolvency enquiries

When a company is placed under liquidation, it is sometimes more than just a business venture gone wrong. More often than not a myriad of factors contributed to the company’s downfall, many of which could potentially have been avoided. Mismanagement of the company, or acts of misconduct or impropriety by those in charge of the company’s affairs may well have led to its current financial predicament and prejudice to its creditors. Consequently, the urge to conceal any potential wrongdoing could grow strong in any person closely connected to the company’s affairs. Given that a liquidator is essentially an outsider looking into the affairs of the company, it seems likely that certain transactions would be difficult to uncover or understand by merely looking at the company’s financial books.

Education is the key to success – well, so is competition: The Competition Commission’s guideline on the procurement of school uniform and learning materials
8 December 2021 Competition Law

Education is the key to success – well, so is competition: The Competition Commission’s guideline on the procurement of school uniform and learning materials

The Competition Commission has again weighed in on the market for the procurement and supply of school uniforms and other learning-related materials. The Commission reports that since 2010 it has received complaints from parents and guardians regarding the high price of school uniforms and that some schools compelled parents to buy uniforms and learning-related materials from only one supplier. The Commission stated that this conduct often left parents out of pocket at the start of each school year as they could not source cheaper suppliers.

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The call should come from inside the house: Some clarity on when judgments involving a company under business rescue can be rescinded
8 December 2021 Dispute Resolution

The call should come from inside the house: Some clarity on when judgments involving a company under business rescue can be rescinded

In the recent case of CNA Operations (Pty) Ltd and others v Anglowealth Sharia (Pty) Ltd and others (CNA Operations) the Gauteng Local Division of the High Court (the Court) provided clarity on whether employees, creditors and holders of securities in a company under business rescue qualify as “affected parties” for the purposes of determining whether a judgment handed down in their absence is vulnerable to being rescinded in terms of Rule 42(1)(a) of the Uniform Rules of Court (the Rules).

Shedding light on a sunken ship: The why what and how of insolvency enquiries
8 December 2021 Business Rescue, Restructuring & Insolvency

Shedding light on a sunken ship: The why what and how of insolvency enquiries

When a company is placed under liquidation, it is sometimes more than just a business venture gone wrong. More often than not a myriad of factors contributed to the company’s downfall, many of which could potentially have been avoided. Mismanagement of the company, or acts of misconduct or impropriety by those in charge of the company’s affairs may well have led to its current financial predicament and prejudice to its creditors. Consequently, the urge to conceal any potential wrongdoing could grow strong in any person closely connected to the company’s affairs. Given that a liquidator is essentially an outsider looking into the affairs of the company, it seems likely that certain transactions would be difficult to uncover or understand by merely looking at the company’s financial books.

Education is the key to success – well, so is competition: The Competition Commission’s guideline on the procurement of school uniform and learning materials
8 December 2021 Competition Law

Education is the key to success – well, so is competition: The Competition Commission’s guideline on the procurement of school uniform and learning materials

The Competition Commission has again weighed in on the market for the procurement and supply of school uniforms and other learning-related materials. The Commission reports that since 2010 it has received complaints from parents and guardians regarding the high price of school uniforms and that some schools compelled parents to buy uniforms and learning-related materials from only one supplier. The Commission stated that this conduct often left parents out of pocket at the start of each school year as they could not source cheaper suppliers.

When an agreement is not an agreement
8 December 2021 Corporate & Commercial

When an agreement is not an agreement

In a dispute founded on the alleged overcharging for pig carcasses, the Supreme Court of Appeal (SCA) issued an important reminder about the enforceability of an agreement.

Keep it simple: Affidavits
7 December 2021 Dispute Resolution

Keep it simple: Affidavits

Most affidavits in legal proceedings make this allegation by rote: "I am duly authorised to depose to this affidavit". But that begs the question, does a deponent to an affidavit need be authorised?

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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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What is the legal process behind declaring a director delinquent
25 November 2021 Dispute Resolution

What is the legal process behind declaring a director delinquent

When a Business Rescue Practitioner approaches a business rescue, the root cause of the distress is often mismanagement. Getting a delinquent order against a director may be the first step in reclaiming value from the rescue. Jessica Osmond, Associate in our Dispute Resolution practice participated in a Turnaround Talk Round Table discussion on the topic: "Delinquent Directors. A legal quagmire awaits"

The legal landscape governing business rescue
25 November 2021 Dispute Resolution

The legal landscape governing business rescue

There are a lot of legal requirements and frameworks that govern business rescue. These have been highlighted in several high-profile matters that have received a lot of media attention. Jessica Osmond, Associate in our Dispute Resolution practice, participated in a Turnaround Talk Round Table discussion on the topic of " The legal landscape governing business rescue" to discuss further.

CDH’s Industrials, Manufacturing & Trade Sector
23 November 2021 Industrials & Manufacturing

CDH’s Industrials, Manufacturing & Trade Sector

CDH’s Industrials, Manufacturing & Trade Sector is strategically positioned to provide clients with support to navigate international, regional, and domestic policy, domestic regulatory and legal nuances to tap into the African market.

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.

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Eradication of energy poverty in Africa
7 December 2021 Oil & Gas

Eradication of energy poverty in Africa

The eradication of energy poverty in Africa should be of paramount importance. Megan Rodgers, Head of the Oil and Gas sector at CDH provided commentary on Channel Africa on the topic.

Mental Health at the remote workplace
6 December 2021 Employment Law

Mental Health at the remote workplace

Employers are required to ensure that the workplace is safe and healthy for employees. The COVID-19 pandemic has expanded the workplace to include employees' home where they are working remotely. In this podcast, Christine Mugenyu, an Employment Law expert in the CDH Employment Law practice, and Stephanie Wambui, an Industrial Organisational Psychologist at Knightwise Human Capital, discuss measures employers could introduce to safeguard employees' mental health, while working remotely, from a legal and psychological perspective.

Private power generation
18 November 2021 Corporate & Commercial

Private power generation

During the Midterm Budget Speech, Finance Minister Enoch Godongwana touched on the need for private power generation to alleviate power cuts. Andrew van Niekerk, Director in our Corporate & Commercial practice, and Head of our Projects & Infrastructure Sector unpacked the legal requirements that independent power producers would need to be mindful of when establishing private power generation.

Politics in an office context
17 November 2021 Employment Law

Politics in an office context

Whilst the local government elections have come and gone, the conversations regarding political parties are likely to linger on at the proverbial watercooler. Thabang Rapuleng, Director in our Employment Law practice discussed some of the boundaries to be mindful off in the workplace, with Smile FM.