Our team is involved in several matters concerning the National Prosecuting Authority
Our team is involved in several matters concerning the National Prosecuting Authority
Our team is involved in several matters concerning the failure of the National Prosecuting Authority to prosecute persons who were involved in murder and other serious offences during the apartheid years and who were unsuccessful in securing amnesty.
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18 May 2023
by Desmond Odhiambo, Imraan Mahomed, Tendai Jangara and Thabang Rapuleng
Harassment in the workplace: Risks, Regulation and Rights
The Employment Law team from CDH and Gateley hosted a webinar titled: Harassment in the workplace: Risks, Regulation and Rights.
Employment Law
1:02:13 Hours
31 Mar 2023
by Brigitta Mangale and Nozinhle Mbuyane
A challenge to rape laws met with Ministerial disdain
The Minister of Police’s report on crime statistics over the period 1 October to 31 December 2022 indicates that an alarming total of 15,545 sexual assaults were reported. Of these assaults, 5,935 were rape incidents that took place at the residence of the perpetrator or victim. The raging scourge of sexual violence in our country demands that, at the very least, the laws intended to offer protection in the context of sexual violence are reflective of the lived realities of those affected, and are constitutionally sound. It is against this backdrop that in November 2022 the Embrace Project launched its application seeking that various sections of the Criminal Law (Sexual Offences and Related Matters) Act 23 of 2007 (Act) – including section 3, which defines rape – be declared unconstitutional.
Pro Bono & Human Rights
5 min read
7 Mar 2023
by Mike Collins
Fraudulent immovable property transfers: Fraud unravels all
The recent judgment handed down by Judge Adams in Botha NO v Leboko-Radebe and Others (16835/2021) ZAGPJHC 724 (22 September 2022), in the High Court Gauteng Division, Johannesburg, considered whether fraud should result in the cancellation of a title deed relating to immovable property.
Real Estate Law
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19 Jan 2023
by Puleng Mothabeng and Louis Botha
The unexpected penalties bill from the 2022 tax season: Everybody gets one?
The filing season for non-provisional taxpayers for the 2022 tax period closed on 24 October 2022, and it seems like the South African Revenue Service (SARS) is taking the late and non-filing of tax returns by taxpayers very seriously this time around. Did you receive a bill for penalties this past tax season? Here is why.
Tax & Exchange Control
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21 Apr 2023
by Jacquie Cassette, Elgene Roos and Gift Xaba
Court confirms the rights of pregnant and lactating women and children under six to free healthcare
On Friday, 14 April CDH’s Pro Bono & Human Rights practice celebrated victory in one of its long-standing matters concerning the enforcement of the rights of pregnant and lactating women and children to free healthcare. The practice represented the public interest law organisation, Section 27, and three individual applicants, to challenge the validity of Gauteng provincial legislation, departmental policies and practices which have been used to deny migrant and undocumented pregnant and lactating women and children under six free healthcare to which they are entitled, in health facilities across the province.
Pro Bono & Human Rights
5 min read
6 Oct 2022
by Alex Kanyi, Joan Kamau and Joseph Macharia
National Treasury cannot lawfully approve abandonment of taxes without recommendation from the revenue authority
Is the revenue authority obliged to comply with unlawful instructions from National Treasury? Recently, the High Court had to answer this question in Republic v Commissioner of Domestic Taxes & Ex-Parte London Distillers (K) Limited eKLR .
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