CDH acted as counsel to Retailability
CDH acted as counsel to Retailability
CDH acted as counsel to Retailability on the conclusion of a transaction with Pepkor for the sale of its Legit, Style, Swagga and Boardmans businesses in South Africa, Botswana, Lesotho, Namibia and eSwatini.
Our Corporate & Commercial, and Competition Law practice areas acted for Retailability in the recent conclusion of a transaction whereby it will sell its Legit, Style, Swagga and Boardmans businesses in South Africa, Botswana, Lesotho, Namibia and eSwatini to various subsidiaries of Pepkor Holdings. The transaction is now in its implementation phase as various regulatory and third-party approvals are obtained before the businesses are sold.
The Deal team included: Willem Jacobs, Andrew Giliam, Albert Aukema
You might also be interested in
7 May 2024
by Clive Rumsey, Jackwell Feris, Khaya Mantengu and Veronica Connolly
Arbitration on top or a comeback for the courts?
A key discussion point at the inaugural Johannesburg Arbitration Week was the expansion of the use of international arbitration to resolve commercial disputes in Africa. In many instances this has been at the expense of the courts, with parties increasingly preferring to arbitrate rather than litigate.
Dispute Resolution
4 min read
12 Sep 2024
by Lydia Owuor
I have someone at home: Is your marriage de facto or de jure?
A story is told of a lawyer who asked a client if they were married to determine whether spousal consent was needed. The client’s response was, “ I have someone at home. ” This answer highlights a common uncertainty about whether simply cohabiting and sharing a life qualifies as a marriage under the law. It is a distinction that carries significant consequences, as it can mean the difference between legal recognition and a relationship left in legal limbo.
Real Estate Law
5 min read
30 Oct 2024
by Kate Anderson and Keagan Hyslop
50/50 shareholders and oppressive conduct: When some shareholders are more equal than others
A fundamental principle of South African company law is “ majority rules ” – shareholders and directors are bound by the decisions of the majority even where such decisions are not in their interest. However, recognising the potential for unfair abuse of such a principle, the Companies Act 71 of 2008 (Companies Act) devised section 163, which allows a director or shareholder of a company to apply to court for relief from oppressive conduct of the company or a person related to it that unfairly disregards or prejudices the interests of the applicant. Section 163 therefore paints the picture of a majority shareholder abusing its ability to control the company to unfairly bully or oppress minority shareholders. But what happens if the shareholders are equals – can a 50/50 shareholder be oppressed by their equal? This was the question before the High Court in Van der Watt v Schoeman and Others 91 SA 531 (ECGq).
Corporate & Commercial Law
4 min read
13 Feb 2025
by Alex Kanyi, Stella Situma, Denis Maina and Ian Ounoi
Disposal of seized motor vehicles by banks, through auction, is subject to VAT
In a landmark ruling in KCB Bank Kenya Limited v Commissioner Legal Services & Board Co-ordination (Tax Appeal E023 of 2024) , the Tax Appeals Tribunal (Tribunal) held that value-added tax (VAT) is chargeable on the disposal of seized assets, including the sale of motor vehicles through auctions by a bank to recover its debts.
Banking, Finance & Projects
5 min read
5 Feb 2025
by Yaniv Kleitman, Yusuf Omar and Jocelyn Kganane
Non-executive, non-negotiable: Social and ethics committee membership
A recent ruling by the Companies Tribunal (Tribunal) in the matter of Xone Control Room Management (Pty) Ltd, Ex Parte (11 September 2024) has clarified the limits of the Tribunal’s jurisdiction regarding the composition of a social and ethics committee (SEC), particularly focusing on the requirement for non-executive directors. The implications of this ruling are sharper given the recent amendments to the Companies Act 71 of 2008 (Companies Act) regarding SECs, which came into force on 27 December 2024.
Corporate & Commercial Law
3 min read
20 Aug 2024
by Alex Kanyi
Temporary relief: Supreme Court suspends the Court of Appeal’s declaration of the Finance Act, 2023 as unconstitutional
The Supreme Court of Kenya (SC) has, through a ruling issued on 20 August 2024, suspended the Court of Appeal’s (CoA) judgment delivered on 31 July 2024, which had declared the entire Finance Act, 2023 (Act) unconstitutional. Details on the CoA’s decision can be found in our alert here . In this alert, we discuss the key findings of the SC and examine what they mean for Kenya’s tax regime
Tax & Exchange Control
4 min read