Cliffe Dekker Hofmeyr Inc

#Video | The significant impact of our Pro Bono & Human Rights practice  As we commemorate Human Rights Day on Thursday, 21 March, one of the ways CDH demonstrates our commitment to the transformation of our society is through our dedicated Pro Bono & Human Rights Practice. We provide pro bono representation of the highest standard to deserving individuals, communities, NGOs, and other organisations that promote human rights or the public interest. Led by Jacquie Cassette, our team includes Brigitta Mangale, Clarice Wambua, Elgene Roos, Gift Xaba, and Lauriene Maingi answered a calling to carry out this work and see it as an incredible honour and privilege to do so, particularly at a firm like CDH. Our passion and dedication, built over several years – and in some instances decades – have led to each of us contributing uniquely to a range of areas of law and public interest. This video highlights some of the cases and initiatives we have chosen to focus on in our newsletter which reflects some of the best of our year’s work. We hope you enjoy reflecting on our 2023 journey as much as we enjoyed doing it.  Read our newsletter here - https://bit.ly/42O3R8j To find out more about our dedicated Pro Bono & Human Rights practice, click here - https://bit.ly/49er7yy #HumanRightsDay #ProBono #humanrightsday2024 #makinganimpact

#Interview | Imraan Mahomed, Director in the Employment Law practice joined Ashraf Garda - The Conversation Architect on SAfm to discuss 'Employment of Illegal foreigners: What employers need to know.'   Imraan highlighted that since July this year, the Department of Employment and Labour has conducted 2,135 inspections across the country, with the majority taking place in the Western Cape and Gauteng. These inspections have addressed a range of employment-related issues, including compliance with the Immigration Act regarding the employment of illegal foreigners, general employment regulations, the National Minimum Wage Act, and the Occupational Health and Safety Act.   Imraan also noted an increase in workplace inspections by the Department of Employment and Labour, initially focusing on the hospitality industry but now extending to various other sectors.   Imraan explained that employers are legally obligated under the Immigration Act to ensure they do not hire illegal foreigners. An illegal foreigner is someone who lacks the proper documentation, such as a valid permit or work visa, or whose immigration status does not authorise them to be employed in South Africa. Employing a foreigner under conditions that differ from those specified in their work permit is also a violation of the Immigration Act.   Imraan emphasised that non-compliance with the Act constitutes a criminal offence, carrying serious consequences for employers who violate these regulations.   Click here to listen to the interview - https://bit.ly/4f3nUVw #ImmigrationLaw #IllegalForeigner #WorkplaceInspections #ImmigrationAct #CriminalOffence

#CDHAlert | In today's alert, Marelise van der Westhuizen and Loyiso Bavuma discuss the update from the National Treasury on South Africa's progress in getting off the FATF grey list. National Treasury released a statement providing feedback on South Africa's participation in the October 2024 Financial Action Task Force (FATF) Plenary, where FATF recognised the improvements made in South Africa's structures to monitor and prevent anti-money laundering/combatting the financing of terrorism (AML/CFT). National Treasury confirmed that South Africa now complies or largely complies with 37 of the 40 FATF Recommendations, including complying or largely complying with all 6 core Recommendations. A reminder that in terms of the 2021 mutual evaluation that brought the country onto the grey list, South Africa was found to be wanting in 20 of the FATF 40 Recommendations. Click here to read more - https://bit.ly/4ee8yN2 #NationalTreasury #FATF #Greylist #AntiMoneyLaundering #FATFRecommendations

#Conference | Emil Brincker, Practice Head and Director, Jerome Brink, Director, and Alex Kanyi Kenya Partner, in the Tax & Exchange Control practice are attending The 76th Congress of the International Fiscal Association (IFA) at the Cape Town International Convention Centre from 27-31 October. IFA’s annual congresses provide a unique opportunity to bring together leading tax experts from corporations, governments, academia, and advisors, to discuss and debate international tax topics of current major interest and importance. Click here to read more about IFA - https://bit.ly/4hl6563 #IFA #TaxExperts #InternationalTax #CDHAttendance #Taxation #TaxIssues

#CDHAlert | In today's alert, Marelise van der Westhuizen and Tanya Calitz discuss human rights obligations arising from the EU’s Corporate Sustainability Due Diligence Directive. The European Union (EU) recently adopted the Corporate Sustainability Due Diligence Directive 2024/1760 (CSDDD), which came into effect on 25 July 2024. The CSDDD aims to promote a more ethical global supply chain industry with a focus on addressing human rights violations within business operations. Companies will also have to develop transition plans for climate change mitigation. The CSDDD will affect a South African company if it is a subsidiary or part of the global value chain of a company inside or outside of the EU which is bound to the obligations envisaged in the CSDDD. Click here to read more - https://bit.ly/3YGxLuH #HumanRightsViolation #EU #CSDDD #EthicalGlobalSupplyChain #HumanRightsObligations

#Interview | #CDHWomenEmpowerment | Lena Onyango, Partner in the Tax & Exchange Control practice in Kenya, was recently featured in Commerce & Industry, where she explored the topic, 'Equality can be Taxing – How Tax Policy Can Give African Women a Fighting Chance.'   Lena highlights that African women continue to face entrenched inequalities rooted in socio-economic structures that perpetuate poverty, limit access to education, and hinder healthcare.   Lena explains that these challenges include high rates of poverty, forced early marriages, Female Genital Mutilation (FGM), inadequate maternal healthcare, and limited access to education and hygiene products.   While these issues are tied to broader societal and economic beliefs, Lena believes that with the right tax policies, they can be alleviated—at least partially, if not fully.   However, Lena cautions that not all tax policies are created equal. “Some African countries still impose regressive taxes, such as VAT on basic commodities crucial for women’s daily lives,” she warns.   Click here to read more - https://bit.ly/3CclBks #TaxLaw #TaxPolicy #WomenInequality #WomenEmpowerment #WomenIssues

#CDHAlert | In today's alert, the Immigration team publishes a reminder that the Immigration Amendment Bill, 2024, which was published on 19 March 2024, is open for comment. This is a reminder that the Immigration Amendment Bill, 2024, which was published on 19 March 2024, is open for comment. All interested persons and parties are encouraged to make written representations before the deadline of 22 November 2024. Written submissions must be directed to the Committee Secretary, Mr Eddy Mathonsi at ImmigrationBill@parliament.gov.za. The Bill seeks to amend the Immigration Act 13 of 2002 (Immigration Act) by addressing issues that arose from the following two Constitutional Court judgments: Lawyers for Human Rights v Minister of Home Affairs and Others 2017 (10) BCLR 1242 (CC); 2017 (5) SA 480 (CC); and Ex parte Minister of Home Affairs and Another v Lawyers for Human Rights; In Re: Lawyers for Human Rights v Minister of Home Affairs and Others (38/16) [2023] ZACC 34 (30 October 2023). The proposed amendments seek to ensure that any illegal foreigner who is arrested and detained under section 34(1) of the Immigration Act is brought, in person, before a court, within 48 hours from the time of his or her arrest to allow the relevant court to determine whether to extend the detention for purposes of deportation. Click here to read more - https://bit.ly/3YFJyth To find out more about our Immigration offering, please click here https://bit.ly/40gpC1s. #ImmigrationLaw #AmendmentBill #OpenForComment #ImmigrationAct

#Conference | Attorneys within our dynamic Corporate Debt, Turnaround & Restructuring sector are attending and participating in the 16th annual South African Restructuring and Insolvency Practitioners Association NPC (SARIPA) National Conference on Insolvency Practice & Business Rescue, from 31 October to 1 November 2024 in KwaZulu-Natal. Head of the sector, Nastascha Harduth will be joined by Directors Nomlayo Mabhena-Mlilo, Vincent Manko, Richard Marcus, Lucinde Rhoodie, and Belinda Scriba; Senior Associates Muwanwa Ramanyimi and Katekani Mashamba; and Associate Paige Winfield.   Nastascha will serve as conference co-chair and moderate a session on 'The King is Dead, All Hail the King – Is Business Rescue Still a Relevant and Effective Restructuring Tool.' Belinda will in addition participate as a panellist, discussing 'The Bricks and Mortar Debate – Challenges in Managing Immovable Properties in Liquidation and Business Rescue.'   As a corporate sponsor, CDH is also hosting the 'Beach Run' and 'Yoga at the Pool', led by our own Paige Winfield.   Click here to learn more about the conference - https://bit.ly/4fjvdZa   Click here https://bit.ly/4e3Bl6y to access relevant information about our Corporate Debt, Turnaround & Restructuring sector. #BusinessRescue #CorporateSponsor #InsolvencyPractice #CDHExperts #SARIPA

#Chambers | #Article | Chambers and Partners Contribution We are pleased to announce our contribution to Chambers and Partners' Private Equity Global Practice Guides 2024. Authored by Kenya Managing Partner Sammy Ndolo, Partner Njeri Wagacha, Partner Martha M. (Mbugua) and Senior Associates Rizichi Kashero-Ondego and Brian Iria Muchiri, our insightful commentary explores the growth of Kenya's private equity sector, highlights key trends and challenges in the industry, reinforcing our role as thought leaders in private equity law.   Both Sammy and Njeri are individually recognised in Chambers Global 2024. Sammy is ranked in Band 4 for Corporate/M&A and Banking & Finance, while Njeri is ranked in Band 3 for FinTech. Additionally, CDH Kenya is ranked in Band 4 for Corporate/M&A.   For a comprehensive analysis, please refer to our full article here https://bit.ly/3C2R3BT. #Chambers #PrivateEquity #Contribution #CDHExperts #PrivateEquityLaw #GlobalPracticeGuides

#CDHAlert | The legitimacy of soft skills evaluation as grounds for termination of employment In Daniel Kang'ethe Mbugua v Smart Applications International Limited (Employment and Labour Relations Courts Cause No. 359 of 2019), the court found that the claimant's termination of employment was fair, based on concerns regarding his soft skills. The court’s decision highlights the legal acceptance of soft skills as a legitimate ground for termination, particularly in leadership and managerial roles. However, employers must approach this issue with care. While soft skills are important, their subjective nature makes it essential for employers to ensure that they are evaluated fairly and consistently, with clear criteria and documented feedback. This article by Desmond Odhiambo, Eva Mukami and Billy Oloo discusses the judgment, while offering practical guidance to employers to ensure that their evaluation processes align with legal requirements and best practices. Read more here - https://bit.ly/3Ajep5z #EmploymentLaw #Employers #Kenya