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Lucinde Rhoodie and Belinda Scriba in the Corporate Debt, Turnaround & Restructuring sector recorded an episode of CDH Conversations on Monday, 21 October 2024, where they spoke about the ongoing battle between South African Revenue Service (SARS) and the business rescue practitioners and business rescue scenarios.The battle began in the infancy of business rescue when SARS insisted it be treated as a preferred creditor in business rescue, akin to its treatment in liquidation and sequestration scenarios. This position was successfully challenged in the High Court of South African by business rescue practitioner Bradley Beginsel N.O., represented by CDH. The latest battle surrounds the question of whether VAT rebates can be set off against pre-commencement tax obligations only assessed after business rescue has started. This issue is currently in the queue to come before the Supreme Court of Appeal.
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Every month CDH Kenya Partner Njeri Wagacha publishes a podcast 'Njeri Talks Law'. In this monthâs podcast, Njeri spoke with Kageni Mbungu, Director of Compliance, Anne Muruka, Head of Commercial and Legal, and Evelyn Manasseh, also Head of Commercial and Legal, all from M-Kopa KenyaIn this monthâs podcast, Njeri spoke with Kageni Mbungu, Director of Compliance, Anne Muruka, Head of Commercial and Legal, and Evelyn Manasseh, also Head of Commercial and Legal, all from M-Kopa Kenya. M-Kopa is a UK-headquartered emerging market fintech that provides affordable smartphones and digital financial services and is âfinancing progressâ in Africa. They talk about its impact; the role it plays in bridging the gap between lending and ownership in Africa. Throw in some humour and these inspirational women demonstrate that good teams enable progress, growth, and innovation.
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Almost two years after the Companies Act was amended to provide for a beneficial ownership disclosure regime, questions still abound as to its interpretation and implementation.
What if there is a trust involved in the control structure? Is a director a beneficial owner? Where does the so-called "5% rule" come from?
Director, Yaniv Kleitman and Professional Support Lawyer, Roxanne Bain in our Corporate & Commercial practice, sit down to discuss all your burning questions and give practical advice on how to approach beneficial ownership filings.
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Join Trusts & Estates practice Director, Emily West as she sits down with Practice Head, Gretchen Barkhuizen-Barbosa to discuss a critical yet often overlooked topic: Estate Planning for Women-Owned Businesses in South Africa.
In this episode, they dive deep into the unique challenges faced by women entrepreneurs when it comes to securing their legacies and protecting their businesses. They cover key points:
Why is estate planning crucial for women-owned businesses? What are the obstacles women face, and how can they be overcome? What policy changes are needed to support women business owners in this area? How can effective estate planning minimise tax liabilities and foster community development?Whether you're a seasoned entrepreneur or just starting your journey, this episode is packed with valuable insights to help you future-proof your business.
Watch and gain expert advice on securing your businessâs legacy and the impact it can have on your community or click here to listen to this insightful discussion.
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Every month CDH Kenya Partner Njeri Wagacha releases a new episode of her podcast, 'Njeri Talks Law'In this month Njeri speaks to Faith Odhiambo, President of the Law Society of Kenya, and a Partner at Ombok & Owuor Advocates. Together, they discuss Faith's pivotal role in defending the rights of peaceful protesters during the July 2024 protests in Kenya. She exemplifies true leadership and integrity.
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The Department of Employment and Labour has recently conducted labour inspection raids that have attracted significant attention from the media and employers.
It is essential that employers understand the origins and scope of these possible inspection raids so that they can prepare themselves and the business accordingly.
In this weekâs episode of CDH Conversations, Employment Law Director Yvonne Mkefa and Senior Associate Leila Moosa answer critical questions for employers, including: How are labour inspectors empowered? What are their powers? Do they need a warrant to enter work premises? And how can they be identified?
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Since 2013, Cliffe Dekker Hofmeyr's (CDH) Pro Bono & Human Rights Practice (Pro Bono Practice) has been at the heart of our firm's commitment to making a real difference.Over the past decade, our Pro Bono Practice has passionately championed the cause of public interest, providing pro bono legal support to clients in need. The decision to establish a dedicated practice was motivated by our belief in giving back to the communities in which we operate and in the power of the legal profession to spark positive change.
But our contribution to access to justice doesnât end with our Pro Bono Practice. Across our entire firm, fee-earners have eagerly and generously volunteered their expertise to provide pro bono assistance. This collective effort demonstrates our firm's commitment to social justice and our belief that access to quality legal representation should never be a privilege, but a right.
In the launch of our exciting new podcast series, "Justice and Public Interest on the Mic", we're thrilled to introduce you to Jacquie Cassette, the Head of our Pro Bono Practice and Director in our Johannesburg office; Brigitta Mangale, Director in our Cape Town office; and Thobeka Dhlamini, a Candidate Attorney in our Johannesburg office. Together, they discuss the heart of our Practice's mission, sharing the work we do and the challenges and successes that shape our work. Join them, as they reveal what's in store for this series, highlighting the true impact of our efforts and the lives we've touched. -
In this insightful interview, Puleng Mothabeng, Associate in our Tax & Exchange Control practice, sits down with Director, Jerome Brink to discuss the evolving gender dynamics within tax careers in South Africa. They explore the barriers women face in the field, the critical differences between mentorship and sponsorship, and how both can be leveraged to advance womenâs careers.Gain valuable insights on how men can effectively mentor and sponsor women in the tax profession, overcome common challenges, and build trust for meaningful, lasting relationships.Watch this engaging conversation filled with personal experiences and advice for anyone interested in supporting women in the tax and any other career.
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The public interest assessment element of merger control has undergone significant transformation since the Competition Act's inception.
While nobody would debate the urgent need for socio-economic change and transformation in South Africa, the extent to which the Competition Authorities, as gatekeepers for merger control, ought to be placing onerous policy obligations on an increasingly beleaguered M&A space remains a subject of debate. Do the ends justify the means, or is the policy extracting rents from merging parties?
In this podcast, legal experts Chris Charter and Duran Naidoo delve into the evolution of the public interest paradigm, analysing how it has shaped merger assessments and its broader implications for South Africa.
The conversation reflects on the public interest assessment pre and post-legislative amendments to the Competition Act. They discuss how the amendments have expanded the scope of public interest considerations, compelling merging parties to address not just traditional competition concerns in merger filings, but also a range of public interest factors. They also discuss strategies for navigating the complexities of the regulatorâs expectations, emphasising the importance of merging parties being proactive and creative when dealing with the public interest assessment. -
Tax & Exchange Control Director, Howmera Parak and Associate, Puleng Mothabeng engage in a dynamic conversation about the current state of women's representation in the legal and tax professions in South Africa. Puleng shares her journey, highlighting the barriers she has encountered and her vision for the future. Howmera discusses her experiences, the progress made over the years, and the initiatives in place to support women in the tax field.
Together, they explore how increasing women's representation can drive encourage more women to pursue a career in tax and offer practical advice to young women aspiring to enter the profession.
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Every month CDH Kenya Partner Njeri Wagacha publishes a podcast 'Njeri Talks Law'.
This month's guest is Eric Mwangi, Director Technology Innovation at Capita. Eric is currently a programme lead, working on the UK governments Level up programme. He is a founding memberof Fairbanc and is investor and advisor to FINGO.
Listen to this success story which is an inspiration of all founders, entrepreneurs, and dreamers.
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CDH is excited to bring another episode in our CDH Conversations Women's Empowerment series as part of commemorating Women's Month this year. Hosted byYvonne Mkefa, Director in the Employment Law practice, in our latest episode, Yvonne is joined by Nadeem Mahomed, Director in our Employment Law practice andKnowledge Management Department, to discuss effective legal frameworks for preventing workplace harassment, fostering inclusive environments, and advocating for systemic changes to address gender inequality.
We believe these conversations are crucial in highlighting the issues affecting women and recognising the importance of these discussions throughout the year.
Click here to listen our more conversations about womenempowerment - https://www.cliffedekkerhofmeyr.com/news/podcasts/series/women-empowerment
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CDH is excited to bring another episode in our CDH Conversations Women's Empowerment series as part of commemorating Women's Month this year.
In commemoration of Women's Month, CDH is proud to present a special podcast series dedicated to women's empowerment.
Join us as we discuss the critical legal protections for LGBTQ+ women in the workplace with Employment Law Directors, Asma Cachalia and Nadeem Mahomed. Learn about the significant challenges that LGBTQ+ women face and understand how workplace culture can be improved and how existing laws can be used to ensure a safer, more inclusive environment. Donât miss this insightful conversation aimed at fostering equality and support for all women. -
The South African construction sector is under siege from extortion, which has escalated from sporadic incidents in 2015 to a widespread crisis. This illicit activity is often attributed to unlawfulactivities conducted organised extortionists and criminal organisations also known as the construction mafia.
Proactive stakeholder engagement is imperative to mitigate the detrimental effects of criminal elements on construction projects. Fostering positive relationships with affected communities, through established channels, is essential for the successful implementation and sustainability of infrastructure initiatives.
Join Director, Sentebale Makara and Candidate Attorney, Thobeka Dhlamini from ourConstruction & Engineering sector where they discuss the construction mafia, its operations, and some practical strategies for mitigating its impact.
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In this episode of CDH conversations, ZacharyKokosioulis and Tayyibah Suliman discuss the role of women within the technology law space, and also discuss emerging trends and corporate practices of the technology sector at large.
Tayyibah Suliman is a Director in our Corporate &Commercial practice and is the Sector Head for our Technology & Communications specialisation. Having spent majority of her career within the technology sector she shares her experiences as a woman in the technology law sector and explores potential challenges women face within the industry, developing trends of the technology sector as well as advice to anybody wishing to make an entrance into the industry.
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Furthermore, social media platforms such as Facebook, Instagram and X (formerly Twitter) have enabled users to connect and communicate with people who are on the other side of the world with a few strokes of a keyboard. However, it is unfortunately not uncommon for users of social media platforms to misuse or abuse these platforms.
In today's podcast, we discuss the dangers of social media use in the workplace, the steps that the legislature has taken to address the growing trend of abusive information being shared online and the measures that employers can put in place to mitigate the risks associated with social media in the workplace.
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Parties to a construction contract usually agree to the obligation to conclude separate financial arrangements with third parties for the purposes of ensuring financial security and project success.
Parties to a construction contract usually agree to the obligation to conclude separate financial arrangements with third parties for the purposes of ensuring financial security and project success. One such arrangement is a retention guarantee. Although not as popular as the other form of guarantees (i.e., Advance Payment and Performance Guarantees) in the South African construction industry, this arrangement offers protection to the Employer through providing financial security for the correction of defects that may manifest and which the Contractor fails to remedy.
Join Khaya Mantengu and Zodwa Malinga in the Construction & Engineering sector where they discuss the purpose of retention guarantees, the parties to such arrangement and what the parties should consider when agreeing to such guarantees.
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Retha Beerman, Director and head of the CDH Knowledge Management department; Calinka Murray, Practice Development Director in our Dispute Resolution practice; Kirsty de Sousa, Professional Support Lawyer in our Real Estate Law practice, and Stephanie Goncalves, Professional Support Lawyer in our Banking, Finance & Projects practice, and Knowledge Management department joined CDH Conversations for the second episode of a three-part series on " Empowering women in legal support roles".
In this episode we hear from our guests as they share their unique experiences and perspectives on navigating the legal realm, embracing innovation and disruptions in the legal industry.
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Retha Beerman, Director and head of the CDH Knowledge Management department; CalinkaMurray, Practice Development Director in our Dispute Resolution practice; Kirsty de Sousa, Professional Support Lawyer in our Real Estate Law practice; and Stephanie Goncalves, Professional Support Lawyer in our Finance & Banking practice and Knowledge Management department, joined CDH Conversations for a three-part series on "Empowering women in legal support roles".
In the first episode, we delve into our journeys into law, what we do, and how our rolesdiffer from the "standard" lawyer roles.
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On 16 May 2024, CDH Kenya hosted a breakfast forum for a diverse group of industry leaders from banking and finance, private equity, logistics, betting, and education.
The event centred on critical tax proposals outlined in the recently unveiled Finance Bill 2024.
A shared concern emerged among participants: Kenya's economic resilience and attractiveness are threatened by frequent, poorly timed, and inadequately designed tax amendments. Specific anxieties were voiced regarding the Bill's proposed hikes in financial service taxes and the new motor vehicle tax.
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