Our team acts for a leading independent data, voice and intellectual property provider
Our team acts for a leading independent data, voice and intellectual property provider
Our team acts for a leading independent data, voice and intellectual property provider in a review brought by a state entity challenging the lawfulness of a substantial infrastructure which is in an advanced stage of its implementation. The case includes difficult questions of administrative law as far as the tender is concerned; the misuse of corruption legislation; and a constitutional challenge to the very existence of the state entity.
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6 Sep 2023
by Taryn York and Thato Makoaba
South African citizenship is not an automatic right for the children of Non-South African citizens - even if they were born in South Africa!
In the recent decision of Onai Muzore and Another v Minister of Home Affairs and another 4013/2021, the High Court dismissed a review application wherein the applicants challenged the Minister of Home Affairs' (Minister) decision not to confer South African citizenship on their children, who were born in South Africa. In doing so, the court considered how children who were born from Non-South African citizens obtained South African citizenship.
Immigration
4 min read
6 Nov 2023
by Thabang Rapuleng and Malesela Letwaba
Take note of your vows: A couple’s transfer of employment and enforceability of restraint of trade agreements
In August 2020, CDH discussed the decision in Slo Jo Innovation (Pty) Ltd v Beedle and Another (J737/22) ZALCJHB 212 ( Beedle ), regarding the transfer of restraint of trade agreements in employment contracts. The court ruled that a restraint of trade agreement included in a contract of employment was transferable under section 197 of the Labour Relations Act 66 of 1995, as amended. The decision in Beedle was upheld by the Labour Appeal Court in Beedle v Slo-Jo Innovations HubHub (Pty) Ltd JOL 60553 (LAC).
Employment Law
3 min read
19 Jul 2023
by Desmond Odhiambo, Christine Mugenyu and Effie Atieno
Liquidation of Tuskys Supermarket: A case of too little too late
On 31 May 2023, Justice Majanja issued a judgment that marked an end to the restructuring efforts of Tuskys Supermarket after a three-year court battle. It was another classic example of an attempt to restructure a company’s debt at the tail end of a distress cycle rather than at the early stages when the chances of recovery are higher.
Business Rescue, Restructuring & Insolvency
3 min read
28 Feb 2024
by Vincent Manko and Nomlayo Mabhena-Mlilo
The interplay between set-off and post-liquidation debt
Can a creditor that has realised its security in terms of section 83(3) of the Insolvency Act, 1936 claim set-off of a post-liquidation debt owed to it by an insolvent estate or company in liquidation against the amount of the proceeds of the realisation of the secured property that it is obliged to pay to the liquidator in terms of section 83(10) of the Insolvency Act? The High Court indicated that the answer is “ No ” and, inter alia , ordered the creditor to pay the amount of the net proceeds of the realised security to the joint liquidators. The interplay between set-off and post-liquidation debt was therefore considered by the Supreme Court of Appeal in Emontic Investments (Pty) Ltd v Bothomley NO and Others (1123/2022) ZASCA 1 (9 January 2024).
Business Rescue, Restructuring & Insolvency
5 min read
29 Jun 2023
by Puleng Mothabeng
P.O.V: Your partner ends the partnership but at least there’s no tax payable: BPR 391
At common law, a partnership is not considered to be a legal entity or persona with legal personality separate from its partners. Rather, a partnership has been defined as a legal relationship between two or more persons who carry on a lawful business or undertaking, to which each contributes either money or labour, or anything of value with the object of making a profit, and of sharing that profit between them. As such, all legal consequences flowing from a partnership accrue to the partners in their personal capacities. This is also the position under the Income Tax Act 58 of 1962 (Act). Therefore, any property of the partnership is co-owned by the partners in undivided shares. Each partner therefore has a proportionate interest in the partnership, and by acquiring an interest in the partnership, each partner acquires an undivided share in the assets of the partnership.
Tax & Exchange Control
6 min read
19 Mar 2024
by Jacquie Cassette, Brigitta Mangale, Clarice Wambua, Gift Xaba, Elgene Roos and Lauriene Maingi
Video | The significant impact of our Pro Bono & Human Rights practice
As we commemorate Human Rights Day on Thursday, 21 March, one of the ways CDH demonstrates our commitment to the transformation of our society is through our dedicated Pro Bono & Human Rights Practice. We provide pro bono representation of the highest standard to deserving individuals, communities, NGOs and other organisations that promote human rights or the public interest.
Firm News
02:22 Minutes