Our team acts for a leading SA based enterprise and supplier development advisory and project management firm
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Our team acts for a leading SA based enterprise and supplier development advisory and project management firm
Our team acts for a leading South Africa-based enterprise and supplier development advisory and project management firm against a US-based company concerning the responsibility of the US Company for massive remediation activities at its cost in respect of a property sold to our client.
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8 Apr 2024
by Imraan Mahomed
Political parties’ involvement in workplace affairs
It has become a common feature in South Africa for political parties to want to become embroiled in workplace issues. This initially gained prominence with the Economic Freedom Fighters (EFF,) a well-known opposition national political party. The Labour Court has, however, already taken a strong stance against the EFF in two reported judgments: Calgan Lounge v EFF and Others 40 ILJ 342 (LC) a matter in which Cliffe Dekker Hofmeyr (CDH) represented Calgan Lounge in 2018, and Gordon Road Spar v The Economic Freedom Fighters and Others 42 ILJ 1953 (LC) which was subsequently overturned by the Labour Appeal Court (LAC) in 2023 for technical legal considerations. We reported on these judgments in our 12 November 2018 , 4 October 2021 and 24 January 2022 Employment Law Alerts. The Gordon Road Spar judgment, however, needs to be heeded by employers who are faced with a similar dilemma and who intend to engage the assistance of thecourt.
4 min read
18 Mar 2024
by Nadeem Mahomed, Marco Neto and Pebetsi Letsoalo
Misconduct in the workplace: Managing labour relations
Recent rulings in cases such as Mondry Ngobeni and 51 Others v Interspray Durban CC JS739-18 (LC) and SARS v CCMA JR 2223-20 (LC) offer valuable insights for employers navigating the complexities of labour relations and misconduct.
Employment Law
2 min read
4 Dec 2024
by Yaniv Kleitman and Menachem Gudelsky
Measure twice, cut once: Recent case law on how to remove company directors
In any war between factions of shareholders, the first battle typically plays out in respect of board composition, as that is the central decision-making organ of a company. The procedures regarding director removals are not necessarily very complex but can turn out that way if not followed surgically. The recent unreported judgments of Jones and Others v Delport and Others (2023/082594) (28 August 2024) and Sharp and Another v Buthelezi and Others (2024/088147) (18 September 2024), in the Gauteng High Court Local and Provincial Divisions, underline the importance of this and remind us of the sage advice, “ measure twice, cut once ”. Under the Companies Act 71 of 2008 (Companies Act), the removal of a director may occur either by their fellow directors under section 71(3) or via an ordinary resolution of the company’s shareholders under section 71(1). Each of these has different requirements andconsiderations.
Corporate & Commercial Law
5 min read
22 Apr 2024
by Jean Ewang and Tshephang Kekana
Employers of record and their place in South Africa
The COVID-19 pandemic saw remote working become increasingly common globally, with companies taking advantage of remote working to access talent in multiple jurisdictions in a more cost-effective manner. Aligned to the increase in remote working is the increase in the employer of record (EOR) market.
Employment Law
2 min read
18 Oct 2024
by Fiona Leppan, Onele Bikitsha and Dylan Greenstone
Guidance Note for the Management of Latent Tuberculosis Infection in the South African Mining Industry
On 11 October 2024, the Department of Mineral Resources and Energy (DMRE) released the Guidance Note for the Management of Latent Tuberculosis Infection (LTBI) in the South African Mining Industry (Guidance Note). This has been developed by a task team established by the Mining Industry Tuberculosis,Human Immunodeficiency Virus, and Acquired Immunodeficiency Syndrome Advisory Committee (MITHAC) and outlines a strategic framework to address latent tuberculosis (TB) within the sector. It has had regard to standards and procedures recognised globally.
3 min read
9 Apr 2024
by Lydia Owuor
Note to lenders: Strengthen your securities by transitioning GLA titles
Consider a situation where a lender is processing a financial facility secured by two properties within the Government Lands Act (GLA) land regime. On one hand, they receive a converted GLA title, while on the other hand, they encounter a Form LRA 33 transfer instrument as the title document. The lender is suddenly faced with a dilemma: how do they reconcile the deferring formats and ensure that both titles are equally credible and secure? This underscores the important question about consistency, reliability and legal interpretation addressed in our previous article on transitioning GLAtitles.
Real Estate Law
3 min read