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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24 Mar 2026
by Phetheni Nkuna
CDH appoints Phetheni Nkuna as Chief Operating Officer in key leadership milestone
Cliffe Dekker Hofmeyr (CDH) has announced the appointment of Phetheni Nkuna, Director of Executive Management, as the firm’s Chief Operating Officer, effective 1 April 2026. In this role, she will oversee the firm’s operations across CDH’s offices in South Africa, Kenya, and Namibia, supporting the continued integration of its African operations. As an award-winning law firm on the continent, this appointment reinforces CDH’s strategic objective to drive innovation, transformation, and operational excellence amid a rapidly evolving legal landscape.
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3 min read
11 Jun 2025
by Yaniv Kleitman and Menachem Gudelsky
Courts not so unanimous about unanimous assent
In the recent case of Cowan and Others v Norton and Others (2024/090281) ZAGPJHC 358 (25 March 2025) the Johannesburg High Court considered the validity of company actions ratified by the unanimous assent of the shareholders, without (at the outset) passing resolutions at a shareholders’ meeting or in writing by way of a section 60round-robin.
Corporate & Commercial Law
4 min read
29 Apr 2025
by Gerhard Badenhorst
Suspension of VAT rate increase: Current status and implications
The Minister of Finance (Minister) announced in his National Budget on 12 March 2025 that the value-added tax (VAT) rate would increase from 15% to 15,5% on 1 May 2025 and again from 15,5% to 16% on 1 April 2026. The moment the Minister announced the VAT rate increases, they came into effect from these respective dates by virtue of the application of section 7(4) of the Value-Added Tax Act 89 of 1991 (VAT Act).
Tax & Exchange Control
5 min read
17 Apr 2025
by Alex Kanyi, Denis Maina and Ian Ounoi
Is a cash tax refund application dead on arrival? Lessons for the Finance Bill, 2025
The Tax Appeals Tribunal (Tribunal) has recently issued a significant decision in Nabo Africa Funds v Commissioner of Domestic Taxes (Tax Appeal E334 of 2024) KETAT 141 (KLR) (21 February 2025) (judgment), concerning the treatment of approved tax refunds and the right of exempt taxpayers to receive such refunds in cash.
Tax & Exchange Control
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14 Jul 2025
by Nadeem Mahomed and Safee-Naaz Siddiqi
AI gone rogue: Are employers liable when workplace AI harms employees?
When Anthropic released its Claude 4 evaluation report, a particular finding sparked significant discussion among artificial intelligence (AI) safety researchers: during testing scenarios, Claude Opus 4 blackmailed a human overseer to avoid deactivation. In another study, a recovering methamphetamine addict struggling with withdrawal and worried about losing his job as a taxi driver due to exhaustion was encouraged to take a “ small hit of meth ” to get through the week. As employers race to deploy AI platforms within their organisations, these findings raise an urgent question: If these events were real workplace incidents, who, if anyone, would be liable for any resultant harm?
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3 Jul 2025
by Alex Kanyi, Njeri Wagacha, Arnold Mutisya, Denis Maina and Prince Kiptoo
Huge relief for PBOs as High Court declares sections of the PBO Act unconstitutional
On 30 April 2025, the High Court of Kenya delivered a landmark judgment in Otieno and Two Others v Attorney General and Another; Katiba Institute and Nine Others (Interested Parties) (Petition E519 of 2024) KEHC 8557 (KLR). This judgment, which declared several key provisions of the Public Benefit Organisations Act, 2013 (PBO Act), unconstitutional, has profound implications for the public benefit organisations (PBO) sector. This alert provides a detailed analysis of the High Court’s decision and its ramifications, aiming to equip PBOs, their stakeholders, and legal practitioners with a clear understanding of the evolving legal environment.
Corporate & Commercial Law
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