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Recently, the South African private sector (and South Africa in general) has been boosted by the President’s announcement regarding further relaxations to the existing legal framework applicable to private renewable energy generation.
In the recent judgment of SACS (Louis Trichardt) (Pty) Ltd v Commissioner for the South African Revenue Service (Case No 40420/2020 and 17064/2021), which was handed down on 14 July 2022, the High Court was faced with two applications brought by the taxpayer after a litany of prior litigation spanning the course of over a decade.
The concept of proof has become increasingly ingrained in our society. This is evidenced by the new social norm that simple things like meals are presumed fictitious until proven by way of post on social media platforms like Instagram. Although failing to post an event does not equate to it not having occurred, it is easier to prove if there is evidence of said event. Similarly, while our law still recognises verbal and tacit contracts as valid, written contracts are preferred for, among other things, evidentiary and enforcement purposes.
“Kicking for touch” is a phrase known by many in the world of sports. It is used loosely by sports players on the rugby field to describe a move to play away from a team’s goal line to that of its opponent so as to gain a tactical advantage. It brings the game to life. In the context of insolvency, kicking for touch has become a misnomer used to describe a litigant seeking to use every trick in the book to delay the finalisation of court proceedings. In this context, section 131(6) of the Companies Act 71 of 2008 bears this out. The section makes provision for a fresh business rescue application to suspend the already ongoing winding-up of a company under financial distress, therefore delaying the inevitable liquidation of that company.
It is well known in the shipping/maritime sector that it is relatively uncomplicated to arrest foreign vessels when in South African territorial waters. Our admiralty jurisdiction laws are extremely plaintiff and creditor friendly. While there are obvious advantages to this, it has also proved to be a problem over the last two decades in the context of various economic global incidents causing havoc in the commercial shipping industry. Largely due to these global incidents, many shipping companies have been placed in administration or curatorship in various jurisdictions around the world. However, foreign administration or curatorship orders, and the protections afforded under them, are not automatically recognised in South Africa. Despite these orders, it is still possible to arrest a vessel owned by a shipping company under or in administration or curatorship in another country. This has, obviously, had a negative impact on the international commercial shipping industry. Hope was found, however, using South Africa’s business rescue provisions.
Safaricom PLC (Safaricom) and Visa Inc (Visa) recently announced the launch of the M-Pesa GlobalPay Visa virtual card (the M-Pesa Card). The partnership comes amidst the Central Bank of Kenya’s issuance of its National Payment Strategy 2022 – 2025, which strives to create a future where Kenyans can “pay anyone, anywhere”.
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Recently, the South African private sector (and South Africa in general) has been boosted by the President’s announcement regarding further relaxations to the existing legal framework applicable to private renewable energy generation.
In the recent judgment of SACS (Louis Trichardt) (Pty) Ltd v Commissioner for the South African Revenue Service (Case No 40420/2020 and 17064/2021), which was handed down on 14 July 2022, the High Court was faced with two applications brought by the taxpayer after a litany of prior litigation spanning the course of over a decade.
The concept of proof has become increasingly ingrained in our society. This is evidenced by the new social norm that simple things like meals are presumed fictitious until proven by way of post on social media platforms like Instagram. Although failing to post an event does not equate to it not having occurred, it is easier to prove if there is evidence of said event. Similarly, while our law still recognises verbal and tacit contracts as valid, written contracts are preferred for, among other things, evidentiary and enforcement purposes.
“Kicking for touch” is a phrase known by many in the world of sports. It is used loosely by sports players on the rugby field to describe a move to play away from a team’s goal line to that of its opponent so as to gain a tactical advantage. It brings the game to life. In the context of insolvency, kicking for touch has become a misnomer used to describe a litigant seeking to use every trick in the book to delay the finalisation of court proceedings. In this context, section 131(6) of the Companies Act 71 of 2008 bears this out. The section makes provision for a fresh business rescue application to suspend the already ongoing winding-up of a company under financial distress, therefore delaying the inevitable liquidation of that company.
It is well known in the shipping/maritime sector that it is relatively uncomplicated to arrest foreign vessels when in South African territorial waters. Our admiralty jurisdiction laws are extremely plaintiff and creditor friendly. While there are obvious advantages to this, it has also proved to be a problem over the last two decades in the context of various economic global incidents causing havoc in the commercial shipping industry. Largely due to these global incidents, many shipping companies have been placed in administration or curatorship in various jurisdictions around the world. However, foreign administration or curatorship orders, and the protections afforded under them, are not automatically recognised in South Africa. Despite these orders, it is still possible to arrest a vessel owned by a shipping company under or in administration or curatorship in another country. This has, obviously, had a negative impact on the international commercial shipping industry. Hope was found, however, using South Africa’s business rescue provisions.
Safaricom PLC (Safaricom) and Visa Inc (Visa) recently announced the launch of the M-Pesa GlobalPay Visa virtual card (the M-Pesa Card). The partnership comes amidst the Central Bank of Kenya’s issuance of its National Payment Strategy 2022 – 2025, which strives to create a future where Kenyans can “pay anyone, anywhere”.
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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.
Following the publication of a similar list in December 2020, the Kenyan Trade Marks Registrar has now published a list of 2496 trademark registrations.
The Ministry of Petroleum and Mining issued a public notice on 14th February 2021.
Kenya Managing Partner, Sammy Ndolo ranked in Chambers Global 2021.
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.
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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Whilst a four-day work week is attractive, South Africa needs to move to a productivity-based work model, in order to achieve success; this according to Aadil Patel, Director and Practice Head in our Employment Law practice, during his interview with Newzroom Afika.
Director and Head of our Business Rescue, Restructuring & Insolvency sector Tobie Jordaan, with Directors, Lucinde Rhoodie, Belinda Scriba, Roxanne Webster, and Associate Nseula Chilikhuma were panellists at a virtual round table discussion in collaboration with Turnaround Talks. The discussion unpacked the Comair saga and the lessons that can be learnt after it was placed under provisional liquidation by the South Gauteng High Court in Johannesburg.
Are employees now permitted to throw away their masks? "That depends", says Abigail Butcher, Associate in our Employment Law Practice, following the repeal of Regulations 16A, 16B and 16C relating to the Surveillance and the Control of Notifiable Medical Conditions
"Are you going to see your money again?", Morning Live host Leanne Manas says that’s the question on everyone's mind following the High Court's decision to place Comair under provisional liquidation. Tobie Jordaan, Sector Head in our Business Rescue, Restructuring & Insolvency Sector, sat down with Morning Live to discuss the impact of the court's decision.
Following the High Court's decision to place Comair under provisional liquidation on 14 June 2022, Roxanne Webster, Director in our Business Rescue, Restructuring, & Insolvency Sector discussed the impact of this decision on travellers, with Newzroom Afrika.
Hugo Pienaar, Director in our Employment Law practice, delved into a recent CCMA case where an employee, who refused to be vaccinated in terms of the employer's compulsory vaccination policy, was retrenched and forfeited their severance pay.
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The government sent out a warning to all South African employers during the recent global mobility conference, held by Xpatweb. They announced that they will be adopting a zero-tolerance stance on the hiring of illegal foreign workers in South Africa and the Department of Home Affairs is calling upon all employers to ensure that their expatriate staff are in possession of legally obtained work visas. CDH Employment Law Director, Hedda Schensema joined Channel Africa to unpack this.
On this month's podcast, Njeri talks to fellow Partner Shem Otanga on the Data Protection Registration Regulations, the requirements for registration in Kenya, what it means to be a Data Controller or Data Processor. He further discusses the need for Data Protection Regulation across Africa and case law regarding this.
Shaad Vayej, Associate in the Dispute Resolution Practice joined Lotus FM to unpack South Africa's medical cannabis industry. He notes that in order for us to fully realise the opportunity this industry represents to the economy, a comprehensive, coherent and inclusive legal framework must be prioritised. He also discusses some of the major developments that have emerged recently in the local medical cannabis space
In March 2022, the Department of Science and Innovation published a hydrogen society roadmap. Jackwell Ferris, Director and Sector Head in our Industrials, Manufacturing & Trade sector unpacked the technicalities of a hydrogen economy in Africa.
Recent cases relating to taxpayer confidentiality, especially regarding public figures and taxpayers seeking confidentiality in the High Court, have raised some questions. Louis Botha, Senior Associate in our Tax & Exchange Control practice noted in his interview with Kaya FM that, proceedings in the tax court, which jurisdiction is limited, are automatically confidential. However, where a tax matter has to be heard by the High Court as it falls outside the Tax Court’s jurisdiction, the proceedings will only be confidential in special cases.
CDH's Employment Law experts, Hedda Schensema and Taryn York, discuss the warning government has sent out to South African employers, in relation to the hiring of illegal foreign workers, during the recent global mobility conference, held by Xpatweb. During the conference, government announced that it is adopting a zero-tolerance stance on the hiring of illegal foreign workers in South Africa. The Department of Home Affairs is calling upon all employers to ensure that their expatriate staff are in possession of legally obtained work visas and have confirmed that it will be taking a ‘no-mercy’ stance in respect of employers who do not comply.
