CDH represented Nedbank Limited acting through its Nedbank Corporate and Investment Banking division

JILB - Women and Juniors in Law & Banking - Business Rescue Seminar

The ball is in our courts: How section 20(9) of the Companies Act empowers courts to unmask corporate identity

Lucinde Rhoodie, Director in the Dispute Resolution practice joined Simon Brown on Moneyweb and was also featured on Daily Maverick discussing The ball is in our courts: How section 20(9) of the Companies Act empowers courts to unmask corporateidentity. 

Decoding “internship” realities: An analysis of Forum for Good Governance and Human Rights v TSC and Two Others

The Employment Act, CAP 226 (Employment Act) confirms in section 2 that apprentices and indentured learners are considered as employees. However, what happens when a duly trained and qualified employee is employed as an intern to otherwise perform the full duties? The recent case of Forum for Good Governance and Human Rights v TSC and Two Others KEELRC stood out as a beacon of clarity in this murky terrain.

What would the “reasonable employer” do?

On 8 July 2024 the High Court of South Africa, Free State Division, Bloemfontein delivered judgment in the decade-long case of Louw v Fourie NO and Another (3074/2016) ZAFSHC137.  The matter involved Tilana Alida Louw, a theatre manager at Netcare Universitas Hospital in Bloemfontein who was pursuing a claim for damages under the actio iniuriarum in the amount of R627,000 (with interest and costs) against Dr S P Grobler, the first defendant, and Netcare Universitas Hospital, the second defendant. Grobler had conducted a private practice at Netcare and had performed surgeries at the hospital’s surgical theatres, making use of its staff

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. 

No blissful ignorance for non-compliance: The Turquand rule and section 20(7) in the context of special resolutions and fundamental transactions

The Turquand rule has been discussed and fairly applied in the South African jurisprudence. However, an interesting question remains as to whether the Turquand rule or section 20(7) of the Companies Act 71 of 2008 (Companies Act) can be used to compel a party to implement a transaction where the party has not complied with the applicable provisions of the Companies Act requiring a special resolution of shareholders for the disposal of all or a greater part of the company’s assets or undertaking, amalgamation or merger, or a scheme of arrangement (fundamental transactions). The jurisprudence has adopted the take-no-prisoners approach sofar.