Our finance & banking team is advised Harmony Gold in a US$200 million equity take out bridge loan facility, from a syndicate of banks

CDH South Africa appoints respected Mohammed Azad Saib to its accomplished Banking, Finance & Projects practice

Cliffe Dekker Hofmeyr (CDH), a leading corporate and commercial law firm, is pleased to announce the appointment of Mohammed Azad Saib as a Director in the Banking, Finance & Projects practice, as of 1 November 2024.

Exploring the potential impact of the gas amendment bill on South Africa's energy landscape

James Ross, Senior Associate in the Corporate & Commercial practice and Oil & Gas sector joined Dan Moyane on eNCA where he discussed Charting the Course: Exploring the Potential Impact of the Gas Amendment Bill on South Africa's EnergyLandscape. 

What are your legal obligations for obtaining an Energy Performance Certificate in respect of your property?

In 2020, the Minister of Mineral Resources and Energy published a regulation for the mandatory display and submission of Energy Performance Certificates (EPCs) for certain buildings (Regulations). The Regulations impose obligations on owners of specific non-residential buildings to obtain an EPC.

Know your limitations: Lessons from English case law on limitations of liability

Managing risk and allocating liability forms the focal (and sticking) point of many agreements, whether transactional (e.g. a sale) or relationship-based (e.g. a services agreement). A limitation of liability clause may be used to limit a party’s liability in numerous ways, whether by time, amount or nature. Not only should a limitation of liability be carefully negotiated – it should also be carefully worded to ensure its interpretation aligns with the parties’ agreed principles. The English case of Drax Energy Solutions Limited v Wipro Limited EWHC 1342 (TCC) highlighted the importance of the wording used in a limitation of liability. The similarities between the rules of interpretation in England and South Africa allow significant lessons to be gleaned from the case.

Does a partial acceptance of an offer constitute a counter-offer?

A valid agreement comes into existence when an offer has been accepted. As straightforward as this principle may seem, courts are often required to determine whether an offer has indeed been accepted. A party alleging that a valid agreement has been concluded must prove that the acceptance of the offer is unambiguous and corresponds with the terms of the offer. This is not always an easy task.

Customs and excise