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

#NjeriTalksLaw | 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 member of Fairbanc and is investor and advisor to FINGO. Listen here https://bit.ly/3Mt9tgN, or here https://bit.ly/3XksRTC to watch this success story which is an inspiration to all founders, entrepreneurs, and dreamers. To listen to previous episodes of Njeri Talks Law here - https://bit.ly/4cPSGj6 #Entrepreneurs #Fintech

#CDHAlert | The issue of procedural rights and settlement agreements in the adjudication of the defence of fraud against the enforcement of a performance guarantee is discussed in today's alert by Joe Whittle, Zodwa Malinga, KANANELO SIKHAKHANE and Marco Neto The recent Supreme Court of Appeal (SCA) case of Bonifacio and Another v Lombard Insurance Company Ltd (247/2023) [2024] ZASCA 86 (4 June 2024) centres on the issue of performance guarantees. The case examined whether third parties who indemnified a guarantor against payment are liable to the guarantor where the guarantor had made payment based on a settlement and whether settlements deprive third parties of procedural advantages that might excuse them from liability. It affirms that performance guarantees are enforceable, except where there is fraud on the part of the party that seeks to enforce the guarantee. However, the party that raises the defence of fraud must have direct knowledge of those facts. Read more here - https://bit.ly/3Z6Bp1T Furthermore, in the case of Lee v Road Accident Fund (22812/2020) [2023] ZAGPJHC 1068, the High Court was required to determine whether a judgment or order granted in default is appealed. The High Court considered the general principles to appeals and rescissions and stated that the function of an appeal is to reconsider cases that have been fully argued in the initial instance, which cannot be the case in a default judgment. A party to a judgment who did not have knowledge of the proceedings must be cautious to institute the correct application to set aside the judgment. This will avoid wasted legal costs and time in bringing the matter to finality. Neha Dhana and Claudia Moser unpack this in our alert titled "Appealing or Rescinding? That is the question when dealing with judgments granted against a person without their knowledge". Read more here - https://bit.ly/4g15BkQ #DisputeResolution

#CDHWomenEmpowerment | #WomensMonth | Chané Stievenart, Senior Associate in the Corporate & Commercial practice was featured in the DealMakers SA's Corporate Finance Magazine | Women 2024 issue, where she shared insights into her journey toward a career in corporate finance.   Chané recalls that her decision to pursue corporate finance was sparked the first time she reviewed a contract outside of her articles. She vividly remembers how the defined terms and clauses fit together like a jigsaw puzzle, igniting a passion for constructing complex and intricate puzzles—work that naturally led her to M&A. As she notes, "You can’t separate M&A work from corporate finance law."   In addition to corporate finance, Chané has a deep interest in the mining corporate commercial sector. "The mining sector keeps me on my toes and makes my day-to-day work fascinating," she says.   Reflecting on her career path, Chané shares that if she could change one thing, it would be her initial belief that success follows a linear trajectory—from candidate attorney to director. She explains that every time she deviated from that path, those decisions turned out to be the best for her career. "Every time I took a risk, I grew in character. And there are no universities offering degrees in character," she adds. Read more about her journey here - https://bit.ly/3T1nPsM #corporatefinance #WomensMonth2024 #WomenEmpowerment

#Webinar | Don't forget to register for the AI in Focus webinar where industry experts will explore legal and ethical considerations for modern business. Panellists: Tayyibah Suliman | Director & Sector Head: Technology & Communications | CDH Dina Biagio | Partner | Spoor & Fisher Herman van Schalkwyk | Partner | Spoor & Fisher Vanessa van Coppenhagen Lee | Consultant | Spoor & Fisher Date: Thursday, 29 August 2024 Time: 09h00-10h00 (CAT) Register now! - https://bit.ly/4cxZqBV

#Congratulations | Chané Stievenart, Senior Associate in our Corporate & Commercial practice, attended the UJ Faculty of Law Prestige Awards Evening 2024, where she was awarded the "LLM Faculty Law Prize" for achieving the best result in the LLM Module: Company Law. Well done, Chané!

#CDHAlert | In possession of a blocked identity document or card? Home Affairs gives affected parties an opportunity to avoid cancellation. This is unpacked by Taryn York, Mapaseka Nketu and Khutso Mongadi On 16 August 2024 the Department of Home Affairs (DHA) published a notice in the Government Gazette of its intention to cancel the identity documents or cards of people whose identity numbers are blocked. The publication of the notice aims to help combat the decades-old issue of fraudulent identity documents being in circulation in South Africa and is also a means for the DHA to comply with the court order handed down in P.P.M and Others v Minister of Home Affairs and Others [2024] (5) BCLR 703 (GP). If your identification document or card have been wrongfully blocked, you are required to provide written reasons or representations to the Director-General by 16 September 2024 as to why your identity document or card should not be cancelled. Read more here - https://bit.ly/3AHGO5d #immigrationlaw #identitydocument #IDCard

#NewSectorName | The new sector name Corporate Debt, Turnaround & Restructuring reflects the proactive and positive actions we take to stabilise and improve businesses. Our approach and expertise ensure that we deliver innovative strategies and tailored solutions for our clients that are both pragmatic and commercial. Click on the following link to have a look at our latest alert titled - Trading floor to boardroom door: The strategic power of delisting - https://bit.ly/3MdiavK #CorporateDebt #Turnaround #Restructuring

#CDHAlert | In today's alert, Tanya Calitz and Marelise van der Westhuizen discuss one of South Africa’s watchdogs’ power to issue directives: The subject of litigation. In South African Human Rights Commission v Agro Data CC & Another [2024] ZASCA 121, the Supreme Court of Appeal (SCA) had to consider whether the South African Human Rights Commission (SAHRC) could issue directives to remedy the violation of human rights in terms of its statutory functions and whether those directives would be binding in nature. The SCA undertook a statutory interpretation exercise to determine what the extent of the SAHRC's powers are under section 184 of the Constitution, read together with section 13 of the South African Human Rights Commission Act 40 of 2013. It held that the language used in these sections does not indicate that the drafters of the legislation intended that the SAHRC could issue binding directives. Click here to read more - https://bit.ly/3MhtA1x #DisputeResolution #SAHRC #SCA #Legislation #Litigation  

#CDHKenya | #ChambersGuide | We are pleased to announce our contribution to Chambers and Partners' Fintech Global Practice Guides 2024. Authored by Kenya Managing Partner Sammy Ndolo, Partner Njeri Wagacha, and Senior Associates Rizichi Kashero-Ondego and Brian Iria Muchiri, our insightful commentary explores the growth of Kenya's fintech sector, highlights dominant business models, and provides expert legal analysis of the country's regulatory landscape. 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 2 for FinTech and Band 4 for Corporate/M&A.   For a comprehensive analysis of the article, click here - https://bit.ly/4fZpDwi #Chambers #Fintech #CDHExperts #KenyaLandscape #Contributors