Insights on dealmaking and offered advice to young women working on their first deal

The energy to compete (for grid capacity)

The legislative landscape governing electricity generation and supply has undergone tremendous change over the last couple of years – from the amendment of Schedule II of the Electricity Regulation Act 4 of 2006 (ERA) to exempt certain generators of power from generation licensing requirements to Eskom publishing the Interim Grid Capacity Allocation Rules (IGCARs) to better govern the grid connection application process, especially in grid constrained areas.

Companies Act changes imminent: What you can do to prepare

On 26 March 2024, the Companies Amendment Bill (Bill) and the Companies Second Amendment Bill (Second Amendment Bill) were passed by the National Council of Provinces and are now awaiting presidential assent. With this anticipated to happen at any moment, the enactment into law of the Bill and the Second Amendment Bill (collectively, the Bills) isimminent.  

A new African order: Key initiatives and trends transforming international arbitration in Africa

CDH, together with the Arbitration Foundation of Southern Africa (AFSA) and other local and international co-hosts, presented the inaugural Johannesburg Arbitration Week ( JAW) earlier this month. The conference showcased Africa’s increasing prominence in international arbitration, highlighting the continent’s arbitration capabilities as well as key initiatives and trends shaping and transforming dispute resolution inAfrica.  

From vision to fruition

Labour Court judgment on retrenchment: must I issue a written notice?

Must an employer issue a written notice in terms of section 189(3) before initiating a retrenchment process? Some commentators suggest that the case in Padayachee v Serere and Others (JR1162/21) ZALCJHB 254 (20 June 2024) is authority for the view that you may do so provided certain facts are present. The message from us: ISSUE THE SECTION 189(3) WRITTEN NOTICE BEFORE EMBARKING ON A RETRENCHMENT PROCESS. This is the cautious approach.

Analysis of the Court of Appeal’s ruling regarding income tax waivers issued via Gazette Notices

On 17 February 2023, the High Court declared section 13(2) of the Income Tax Act (ITA), which grants the Cabinet Secretary power to exempt certain income from tax, to be unconstitutional. The section provides that the Minister may, by notice in the Kenya Gazette, exempt from tax any income or class of income which accrued in or was derived from Kenya. Our alert of 26 April 2023 accessible here [/en/news/publications/2023/Practice/Tax/tax-and-exchange-control-alert-26-High-Court-declares-the-power-to-issue-income-tax-exemptions-through-a-gazette-notice-unconstitutional.html#:~:text=The High Court on 17,from tax, to be unconstitutional] discusses the High Court’s judgment indetail.