The recent judgment of CNA and Others v Anglowealth Sharia (Pty) Ltd and Others

Justice and Public Interest on the Mic - Episode 2 - Trusts & Estates

Since 2011, CDH's Pro Bono & Human Rights practice (Pro Bono practice) has been at the heart of our firm's commitment to making a real difference. Over the past decade, our Pro Bono practice has passionately championed the cause of public interest, providing pro bono legal support to clients in need. The decision to establish a dedicated practice was motivated by our belief in giving back to the communities in which we operate and in the power of the legal profession to spark positive change.

Show me the money

In the case of National Director of Public Prosecutions v Dhurgasamy JOL 60116 (GJ), the National Director of Public Prosecutions (NDPP) applied for a forfeiture order under section 53, alternatively section 50 read with section 48, of the Prevention of Organised Crime Act 121 of 1998 (POCA). The application sought to declare certain property, specifically USD 630,700 in cash seized at OR Tambo International Airport on 11 September 2018, forfeit to the state. The Gauteng Division of the High Court in Johannesburg delivered judgment on 26 July 2023, granting the forfeiture order under section 50 of POCA. The court found that, on a balance of probabilities, the seized cash constituted the proceeds of unlawful activities, specifically violations of exchange control regulations and involvement in money laundering operations. The respondent failed to provide a credible explanation for the lawful origin of the funds, and his claims of obtaining the money through a loan for business purposes were unsubstantiated and lacked supporting evidence. The court noted inconsistencies and improbabilities in his account, leading to the conclusion that the funds were indeed derived from unlawful activities.

Home or away? Establishing if domestic or international arbitration legislation applies

For over 50 years arbitrations in South Africa were governed by the Arbitration Act 42 of 1965. This legislation did not distinguish between, or prescribe different procedures for, international and domestic arbitrations. This changed in 2017 with the promulgation of the International Arbitration Act 15 of 2017 (International Act). Since then (subject to transitional provisions applicable to arbitrations that began prior to 2017) international arbitrations seated in South Africa are governed by the International Act, whereas domestic arbitrations continue to be governed by the 1965 legislation (Domestic Act).

Mentorship and Sponsorship: How men can support women in tax careers

The critical need for greater accountability in South Africa's public service

Imraan Mahomed and Phetheni Nkuna, Directors in the Employment Law Practice, were recently featured in the Business Day Public Sector supplement, discussing the critical need for greater accountability in South Africa's public service.

”Piece work” is covered by the National Minimum Wage Act

The preamble to the National Minimum Wage Act 9 of 2018 (Act) recognises the need to eradicate poverty and inequality in the national labour market. In addition, a stated purpose of the Act is to protect workers from unreasonably low wages by ensuring that they at least receive the prevailing national minimum wage (NMW).