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

All is fair in section 164 appraisal rights: Much needed clarity on the meaning and methodology for determining “fair value”

The recent judgment of BNS Nominees (RF) (Pty) Ltd and Others v Arrowhead Properties Ltd and Others ZAGPJHC 848 has laid down various important principles regarding the novel area of law regulating appraisal rights in terms of section 164 of the Companies Act 71 of 2008 (Act).

Kenya Budget Speech 2023/24 Analysis

In this article, CDH Kenya's Tax & Exchange Control practice will provide an analysis of Cabinet Secretary Njuguna Ndung'u's budgetspeech. 

Alternatives to purchasing immovable property in South Africa

Despite the failure by Parliament to successfully pass the Constitution Eighteenth Amendment Bill, 2021 (the Bill), aimed specifically at making provision for land expropriation without compensation, the Justice and Correctional Services Minister, Ronald Lamola, stated during the debate before voting on the Bill that several other bills are already before Parliament or yet to be introduced which will be used to give practical effect to the issue of accelerated land reform.

Payment on demand? A consideration of on demand guarantees

It is common for a performance guarantee from a financial institution to be provided by a contractor to its employer in a construction project. It is also common for such guarantees to be formulated as an “ on demand ” guarantee. This is akin to a letter of credit and, provided the terms and requirements set out in the guarantee are complied with, the employer can call up the guarantee notwithstanding any contractual dispute that there may be in the underlying contract between the employer and the contractor (this is different to a guarantee that is not on demand where the contractor can resist payment on the basis that there is an unresolved dispute pending between the contractor and the employer).

Charlene Holder on Power 98.7

Cracking the whip: Implications of the recent imposition of penalties by the Office of the Data Protection Commissioner in Kenya

On 26 September 2023, the Office of the Kenyan Data Protection Commissioner (ODPC) issued a press release (2023 ODPC press release) indicating that it had imposed penalties on a number of data controllers for the infringement of the privacy rights of data subjects and non-compliance with the requirements of the Data Protection Act (DPA).