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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23 May 2024
by Sammy Ndolo, Brandon Otieno and Nicholas Owino
Enhancing supervision in the banking sector: A review of the Draft Banking (Penalties) Regulations, 2024
The Central Bank of Kenya (CBK) plays a fundamental role in maintaining stability within Kenya’s banking sector. According to the Banking Act (Act), the CBK is empowered to make regulations for carrying out the purposes and provisions of the Act. The CBK may make regulations or prescribe penalties to be paid by banks, financial institutions, mortgage finance companies, credit reference bureaus and any other persons that fail or refuse to comply with its directions under the Act or Prudential Guidelines. In exercising this power, the CBK recently published the Draft Banking (Penalties) Regulations, 2024 (Proposed Regulations) whose defining features are a marked departure from the Banking (Penalties) Regulations, 1999 (Existing Regulations) which they will be seeking to repeal. In this article, we highlight some noteworthy features that the Proposed Regulations will introduce.
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![](/export/sites/cdh/images/news-thumbnails/employment-01.jpg)
30 May 2024
by Hugo Pienaar and Marco Neto
Sick leave and the sick note: Entitlements and abuse
With flu season upon us, sick leave is on the rise. Therefore, it is imperative that employers familiarise themselves with the sick leave entitlements set out in the Basic Conditions of Employment Act 75 of 1997 (BCEA).
Employment Law
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![](/export/sites/cdh/images/news-thumbnails/employment-10.jpg)
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.
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26 Jun 2024
by Lebohang Mabidikane and Taigrine Jones
Submitting multiple tender bids: Clever or collusion?
Is it unlawful to submit multiple bid submissions, some of them with other service providers, in response to a tender? Would this by default amount to collusivetendering?
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by Claudette Dutilleux and Gabby Schafer
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An agreement only gives rise to legally enforceable and reciprocal rights when certain requirements are met; certainty being one such important requirement. For an agreement to be certain, the material terms of the agreement have to be clear, defined and unambiguous.
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Freedom of expression in South Africa is guaranteed by the Bill of Rights. This includes, inter alia , freedom of speech, access to information, and, importantly, media freedom. The right to freedom of expression is fundamental and a prerequisite in any democracy. The post-1994 South African media landscape is turbulent and often somewhat adversarial. However, just like any other right enshrined in the Constitution, the right to freedom of expression may be limited where it is justifiable and reasonable. Even the media’s freedom may be constrained to protect another constitutional right or to preserve the integrity of the administration of justice.
Dispute Resolution
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