Our team advised Sibanye in the ConCourt matter of Sibanye/M Bester
Our team advised Sibanye in the ConCourt matter of Sibanye/M Bester
Cliffe Dekker Hofmeyr represented Sibanye, the largest individual producer of gold from South Africa and one of 10 largest gold producers globally.
Our employment team advised Sibanye in the Constitutional Court matter of Sibanye/M Bester. The case relates to an assessment of racism in the workplace and, more particularly, deals with the question of direct and indirect racism. This dispute is not about defamation or injuria, but rather it focuses on statements which are actually racist or perceived to be racist in the workplace and which have the potential of causing divisions between workers and disrupting workplace harmony. The matter emanates from the Labour Appeal Court and was referred to the Constitutional Court on appeal.
You might also be interested in
2 Jul 2025
by Yaniv Kleitman and Yusuf Omar
The magic wand of reinstatement of a deregistered company
It is a common occurrence to discover after the fact that a company was deregistered (and thus legally did not exist) during a period in which it concluded multiple juristic acts. Section 82(3) of the Companies Act 71 of 2008 (Companies Act) sets out various reasons for which a company may be deregistered, such as a company failing to file an annual return for two or more years in succession – a common oversight – without any satisfactory reasons for such failure, or the Companies and Intellectual Property Commission (CIPC) determining that a company has remained inactive for seven years and no person has shown interest in the company’s continued existence.
Corporate & Commercial Law
4 min read
17 Feb 2025
by Nadeem Mahomed, Safee-Naaz Siddiqi and Shanley Webb
Unchecked AI, unseen dangers: What the DeepSeek breach means for SA companies and POPIA compliance
DeepSeek, a prominent competitor in the artificial intelligence (AI) marketplace, recently faced a significant security incident when an unsecured ClickHouse database exposed over a million lines of sensitive information, including chat histories, secret keys and backend details. This vulnerability granted unauthorised access to potentially confidential data and system resources, raising critical concerns about AI security and data protection.
3 min read
2 Sep 2025
by Vivien Chaplin and Ilda dos Santos
Developments in Namibia’s Mining Law underway
In Namibia, the mining sector is critical to the economy and mineral assets form a major source of national wealth. Namibia’s mining industry developed relatively early based mostly on diamonds discovered in around 1986. The initial reserves were high quality gem diamonds. Other metals (mainly copper, zinc and lead) were exploited in the country.
Mining & Minerals
3 min read
16 May 2025
by Alex Kanyi
Unlocking Business Potential in Kenya’s SEZs
The Tax & Exchange Control practice is excited to share the first episode of Untangling Tax, CDH Kenya’s tax podcast series.
Tax & Exchange Control
34:29 Minutes
22 Jan 2025
by Sammy Ndolo and Deborah Sese
Banking and Finance Amendments introduced by the Business Laws (Amendment) Act 20 of 2024
The Business Laws (Amendment) Act 20 of 2024 (Act) was enacted on 11 December 2024 and took effect on 27 December 2024. It introduces several amendments to banking and finance laws under the Central Bank of Kenya Act Cap. 491 Laws of Kenya (CBK Act), the Banking Act Cap. 488 Laws of Kenya (Banking Act) and the Microfinance Act Cap. 493C Laws of Kenya (Microfinance Act).
Corporate & Commercial Law
4 min read
14 May 2025
by Storm Arends, Roxanna Valayathum and Ian Hayes
Monetary claims in events of contractual breach
At the outset of a commercial transaction, contracting parties typically do not conceive of the consequences that may arise should a breach occur, and thus do not always fully consider breach provisions and potential remedies for such breaches, especially in the event of financial loss. Some of the potential remedies for breach are penalties and damages claims, and the inclusion of indemnities, all of which we consider in more detail below.
4 min read