Dealing with vaccination objections

The impact of AI and the power of streaming platforms in the South African context

Analysis of the Court of Appeal’s ruling regarding income tax waivers issued via Gazette Notices

On 17 February 2023, the High Court declared section 13(2) of the Income Tax Act (ITA), which grants the Cabinet Secretary power to exempt certain income from tax, to be unconstitutional. The section provides that the Minister may, by notice in the Kenya Gazette, exempt from tax any income or class of income which accrued in or was derived from Kenya. Our alert of 26 April 2023 accessible here [/en/news/publications/2023/Practice/Tax/tax-and-exchange-control-alert-26-High-Court-declares-the-power-to-issue-income-tax-exemptions-through-a-gazette-notice-unconstitutional.html#:~:text=The High Court on 17,from tax, to be unconstitutional] discusses the High Court’s judgment indetail. 

The concept of lockouts and how employers may respond to a strike

A lot of discourse within employment circles in Kenya has been about strikes. However, very little has been said about the right of employers to lockout employees.

Tendai Jangara speaks on women empowerment, corporate investigations, and more

Tendai Jangara, Director in our Dispute Resolution practice and Head of our Corporate & White-Collar Investigations sector, joined CDH Conversations for another episode of the CDH Women Empowerment podcast series.

Cannabis in the workplace: Clearing the air

In 2018 the Constitutional Court handed down the landmark judgment of Minister of Justice and Constitutional Development and Others v Prince (6) SA 393 (CC), which legalised the private use and possession of cannabis. Concerns about the effect of the judgment in the workplace were ameliorated with an interpretation of the law, mostly in arbitration awards, which found that employers remain empowered to set workplace policies regulating substance abuse, including the use of cannabis. This position was recently confirmed in the 27 June 2023 Labour Court judgment of Marasi v Petroleum Oil and Gas Corporation of South Africa (C219/2020) ZALCCT 34.

Competition in the digital age: Can breaching data privacy laws also infringe competition law?

The old adage that knowledge is power has never been more applicable than in the digital age. The more firms know about their market, economic factors and customers, the more likely they are to succeed. This drive for data accumulation raises questions of whether such practices can, in addition to potentially violating data protection laws, be a transgression under competition law?