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Here we go again: The High Court gets a turn to weigh in on a protracted dispute
11 August 2022 Tax & Exchange Control

Here we go again: The High Court gets a turn to weigh in on a protracted dispute

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.

It’s settled: The SCA confirms the legal position on verbal contracts of cession
11 August 2022 Finance & Banking

It’s settled: The SCA confirms the legal position on verbal contracts of cession

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: The unintended consequences of suspending winding-up proceedings pending business rescue
10 August 2022 Business Rescue, Restructuring & Insolvency

Kicking for touch: The unintended consequences of suspending winding-up proceedings pending business rescue

“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.

Using South African business rescue provisions to argue for the recognition of foreign administration or curatorship orders in South Africa
10 August 2022 Business Rescue, Restructuring & Insolvency

Using South African business rescue provisions to argue for the recognition of foreign administration or curatorship orders in South Africa

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.

The M-Pesa Visa GlobalPay virtual card
10 August 2022

The M-Pesa Visa GlobalPay virtual card

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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Here we go again: The High Court gets a turn to weigh in on a protracted dispute
11 August 2022 Tax & Exchange Control

Here we go again: The High Court gets a turn to weigh in on a protracted dispute

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.

It’s settled: The SCA confirms the legal position on verbal contracts of cession
11 August 2022 Finance & Banking

It’s settled: The SCA confirms the legal position on verbal contracts of cession

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: The unintended consequences of suspending winding-up proceedings pending business rescue
10 August 2022 Business Rescue, Restructuring & Insolvency

Kicking for touch: The unintended consequences of suspending winding-up proceedings pending business rescue

“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.

Using South African business rescue provisions to argue for the recognition of foreign administration or curatorship orders in South Africa
10 August 2022 Business Rescue, Restructuring & Insolvency

Using South African business rescue provisions to argue for the recognition of foreign administration or curatorship orders in South Africa

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.

The M-Pesa Visa GlobalPay virtual card
10 August 2022

The M-Pesa Visa GlobalPay virtual card

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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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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Aadil Patel discusses the four day week
12 July 2022 Employment Law

Aadil Patel discusses the four day week

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.

Turnaround Talks | Unpacking the Comair saga
4 July 2022 Dispute Resolution

Turnaround Talks | Unpacking the Comair saga

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.

High Court's decision to place Comair under provisional liquidation
20 June 2022 Dispute Resolution

High Court's decision to place Comair under provisional liquidation

"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.

Comair under provisional liquidation
20 June 2022 Dispute Resolution

Comair under provisional liquidation

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.

Retrenchment due to not vaccinating
20 May 2022 Employment Law

Retrenchment due to not vaccinating

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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Zero-tolerance stance on the hiring of illegal foreign workers in South Africa
8 August 2022 Employment Law

Zero-tolerance stance on the hiring of illegal foreign workers in South Africa

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.

Njeri Wagacha talks to Shem Otanga
8 August 2022 Technology, Media & Telecommunications

Njeri Wagacha talks to Shem Otanga

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.

South Africa's medical cannabis industry
2 August 2022 Dispute Resolution

South Africa's medical cannabis industry

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

Hydrogen energy
25 July 2022 Industrials, Manufacturing & Trade

Hydrogen energy

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.

Taxpayer confidentiality
22 July 2022 Tax & Exchange Control

Taxpayer confidentiality

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.

Be warned of the zero-tolerance stance of the employment of illegal foreign nationals
20 July 2022 Employment Law

Be warned of the zero-tolerance stance of the employment of illegal foreign nationals

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.