CCMA's arbitration award of Theresa Mulderij v Goldrush Group

Positive disruption: How do we shape a transformative future for African mining?

As we approach the 2024 Investing in African Mining Indaba (Indaba), the theme of positive disruption takes centrestage.   This year’s conference marks a significant milestone, celebrating its 30 th anniversary by charting a fresh course and purpose. To capture the spirit of this transformation, the 2024 theme is ‘Embracing the power of positive disruption: A bold new future for African mining’.

Customs and excise

CDH bolsters its accomplished Dispute Resolution practice with key appointments

Cliffe Dekker Hofmeyr (CDH), a leading pan-African corporate and commercial law firm, is pleased to announce the appointment of two Directors Khaya Mantengu, who returns to CDH, and Sentebale Makara who both joined our esteemed Dispute Resolution practice in February 2024.

Don’t go banking on review

The ability to review our revenue service’s decisions in the High Court is a question that has plagued South Africa’s legal system since the amendment of section 105 of the Tax Administration Act 28 of 2011 (TAA). Now the highly anticipated decision of the Supreme Court of Appeal (SCA) in Commissioner, SARS v Absa Bank Ltd and Another ZASCA 125 (29 September 2023) ( Absa ), dealing with just this issue, has been handed down. However, no ground-breaking decision, as hoped, was forthcoming, and taxpayers have returned to square one.

Minority protections against oppressive and/or prejudicial amendments to an MOI

When considering the age-old question of which provisions should be contained in the memorandum of incorporation (MOI) and which provisions should be contained in the shareholders’ agreement (SHA), one important consideration which is often overlooked is the threshold required to amend an MOI as opposed to an SHA.

Fraudulent non-disclosure and misrepresentation of property defects in sale render seller liable

Latent defects are flaws in a property that could not have been identified despite a reasonable inspection prior to the sale. In terms of common law, the purchaser will have a right of recourse after the sale if the seller was aware of latent defects and fraudulently did not disclose the defects to the purchaser.