Our team represented a leading US-based global professional services network
Our team represented a leading US-based global professional services network
We represented a leading US-based global professional services network in a cluster of related actions where so-called investors, who had invested their monies in a Ponzi scheme, sought an indemnity from our client should they not recover their money from the fraudster's estate.
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15 Jan 2025
by Tessa Brewis, Deepesh Desai, Jamie Oliver and Azola Ndongeni
Commencement of the Electricity Regulation Amendment Act 38 of 2024
The Electricity Regulation Amendment Act 38 of 2024 (ERA Act) was signed into law by the President of South Africa on 16 August 2024. On 18 December 2024, a governmental proclamation notice (236 of 2024) was published in Government Gazette 51778 in terms of which it was detailed that, in accordance with section 33 of the ERA Act, 1 January 2025 will be the date on which the ERA Act shall come into operation (save for amendments to the definitions of “ reticulation ” and “ distribution power systems ” in section 1 of the ERA Act, which will be dealt with by the President in a further proclamation in the Government Gazette in due course).
Projects & Energy
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19 Jun 2024
by Jaco Meyer and Haafizah Khota
Drone operations in South Africa: An overview of the legal landscape
In recent years, South Africa has embraced drone technology, with both hobbyists and commercial operators leveraging its potential. Drones, technically known as remotely piloted aircraft systems (RPAS) or unmanned aircraft (UA), are transforming various industries, including mining, agriculture, construction, environmental monitoring, emergency response, real estate and infrastructure inspection. In light of this, it is necessary for both private and commercial operators to understand the laws governing drone usage in South Africa to ensure safe and legal operations. Below is a brief overview of the current legal landscape.
Corporate & Commercial Law
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3 Dec 2024
by Vivien Chaplin and Phetha Mchunu
Financing mining projects: Thinking out of the box to unlock Africa’s mining potential
The African mining sector, rich in resources but often constrained by financing challenges, is at a crossroads. Traditionally, mining companies have relied on conventional financing methods to fund exploration, development and expansion projects. These methods – primarily equity financing, bank loans and project financing – have long been the ‘go-to’ options for raising capital. However, in today’s volatile economic environment, especially in emerging markets like Africa, these traditional models come at a significantcost.
Mining & Minerals
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24 Oct 2024
by Timothy Baker, Claudia Moser and Lara Sneddon
To institute or not to institute liquidation proceedings (that is the question)
It is a well-established principle in our law that insolvency/liquidation proceedings are not meant to be used for the recovery of a debt – the courts regard this as an abuse of (legal) process. Rather, the purpose of insolvency proceedings, as per Trengove AJ in Investec Bank Ltd and Another v Mutemeri and Another (O9/22247) ZAGPJHC 64 is “ to bring about a convergence of the claims in an insolvent estate to ensure that it is wound up in an orderly fashion and that creditors are treated equally ”.
Corporate Debt, Turnaround & Restructuring
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17 Apr 2024
Quarterly Energy Market Update - Q1 2024
South Africa’s energy sector is undergoing significant change, as both public and private sectors seek to find ways to balance energy security with the country’s decarbonisation objectives. The CDH Quarterly Energy Update aims to highlight the material legal developments that are shaping the market, with the intention to distil what is relevant for our clients and their businesses.
Projects & Energy
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16 Aug 2024
by Marelise van der Westhuizen and Loyiso Bavuma
FIC provides clarity on beneficial ownership
Following consultations and comments from the tail end of last year, on 8 August 2024, the Financial Intelligence Centre (FIC) published Public Compliance Communication (PCC) 59, which deals with Beneficial Ownership (BO) and the application of section 21B of the Financial Intelligence Centre Act, 2001 (FIC Act). Below is a brief look at some of the most relevant aspects of PCC 59.
Dispute Resolution
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