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

#WebinarRecording | Immigration Compliance and Workplace Enforcement Our panel of experts discussed the intersection of immigration law, employment practices, and criminal liability for businesses. Employment Law Director, Imraan Mahomed, together with Senior Associates, Taryn York and Leila Moosa examined the legal obligations of employers when hiring foreign workers, the consequences of non-compliance with visa and work permit regulations, and the increasing trend of government enforcement actions. Gain insights into best practices for maintaining compliance, understanding the risks associated with employing unauthorised workers, and preparing for potential workplace immigration raids. Watch the webinar here - https://bit.ly/4dZcvoJ #ImmigrationLaw #EmploymentLaw #ForeignWorkers #ImmigrationCompliance

#CDHAlert | #Update | Government Gazette Notice No. 51369 - Renaming of South African Deeds Offices   Published on the 10th of October 2024, Government Gazette Notice No. 51369 marks a significant change to the South African property sector. As part of an ongoing initiative to streamline and modernise public services, all South African Deeds Offices have been officially renamed.   Stay informed and ensure your records are updated where necessary to reflect the new naming conventions for your local Deeds Office. This update is crucial for professionals and individuals navigating the real estate landscape.   Click here to read the notice - https://bit.ly/4eE2Gxv   #RealEstateLaw #DeedsOffice #PropertySector #NameChange #PublicService

#WebinarInvitation | #Reminder | Developments in Education Law and Impact on Private Schooling   The education sector has witnessed significant legal shifts. Our expert panel will explore the impacts of recent legislation, including the Basic Education Laws Amendment Act. They will delve into pressing issues such as corporal punishment, language policies, and the principles of procedural fairness and reasonableness in school decision-making. Additionally, they will address modern challenges like social media risks and harassment prevention in educational settings.   Date: Monday, 14 October 2024 Time: 15h00-16h00 Presenters: Dr. faranaaz veriava | Public Interest Lawyer and Senior Lecturer at the University of Pretoria Aadil Patel | Director and Practice Head | Employment Law | CDH Tim Fletcher | Chairperson and Director | Dispute Resolution | CDH Dr Nadeem Mahomed | Director | Employment Law | CDH Thato P Maruapula | Associate | Employment Law | CDH Click here to register for the webinar - https://bit.ly/3zy7dlX Once registered, you will receive a confirmation e-mail to join the webinar. #EducationLaw #PrivateSchooling #BasicEducationLaws #AmendmentAct #Webinar #EducationSector

#Interview | Thato P Maruapula, Associate in the Employment Law practice joined Nosipho Radebe on POWER 98.7 FM to discuss 'Costly Negligence in the Workplace: A Landmark Judgment.'   Thato explains that the dispute before the Labour Court involved two key issues. First, whether the dismissal of the former CEO and CFO of the National Health Laboratory Services (NHLS) was substantively and procedurally fair. Second, whether the NHLS could claim damages from the two executives for losses suffered as a result of their negligence. The court ultimately upheld the dismissal of both executives and further upheld NHLS' claim for damages. It is worth noting that the court ordered the executives to pay approximately R340 000.00 to the NHLS jointly and severally, and the former CEO was ordered to pay approximately R22 million to the NHLS.   Although the judgment has generated widespread debates about negligence in the workplace, Thato adds that the principle that an employer can claim damages for losses suffered as a result of an employee's negligence is not new in South African law and this was confirmed as far back as 2012 by the Labour Appeal Court in a case that CDH was also involved in.    The NHLS judgment serves as a timely reminder to employers to hire individuals who are skilled, competent, qualified, and experienced.   Click here to listen to the interview – https://bit.ly/47ZKBY9 #EmploymentLaw #LabourLaw #NegligenceInTheWorkplace #Damages #Claim

#Interview | #CDHWomenEmpowerment | Yvonne Mkefa, Director in the Employment Law practice joined Nompumelelo Ngubeni and MoG on Channel Africa to address 'Workplace harassment and the need to create a safer environment for women.'   Yvonne explains that the Codes of Good Practice on the Prevention and Elimination of Harassment in the Workplace (2022) define harassment as any unwanted or unwelcome conduct that undermines dignity, creates a hostile or intimidating work environment, or induces submission through actual or perceived consequences. When this behaviour is tied to one or more grounds of prohibited discrimination as per Section 6(3) of the Act, read with item 4.8 of the Code, it falls squarely in the ambit of unfair discrimination.   Yvonne adds that harassment includes acts of violence, physical, emotional, sexual, gender-based, or verbal abuse. It also encompasses the use of physical force or power, whether threatened or actual, against an individual or group.   Yvonne emphasises that while the Code provides several examples of harassment, the key is translating these into clear, accessible policies. It’s essential that employees can easily understand and apply them, and organisations must also run awareness campaigns to ensure these policies reach everyone.   Yvonne notes that while many organisations have advanced systems for reporting harassment, others may not be as developed. In such cases, employees should approach their human capital business partner or HR department, who are trained to provide support and remain neutral. Some companies also offer anonymous reporting channels, allowing employees to provide enough detail to initiate a conversation and address the issue. There are service providers like ICAS to provide employee well-being programmes where they can offer support and advice on the next steps.   Click here to listen - https://bit.ly/3YkdScO #EmploymentLaw #Harassment #Workplace #SafeEnvironmentForWomen #CodesOfGoodPractice

#CDHAlert | Looming Labour Law Amendments and Reform   Impending amendments to labour legislation are on the horizon. These changes are expected to address collective agreements and bargaining councils, envisaged to introduce a simplified decriminalised approach to procedural fairness, modify principles and procedures surrounding dismissals - including dismissals based on operational requirements, and remove certain protections for high-income earners. The proposed amendments will in due course be published for comment and employers are encouraged to submit comments when the opportunity arises. We will keep you posted on further developments. Last year April, the President signed the Employment Equity Amendment Act 4 of 2022 into law, but the effective date of the employment equity amendments is yet to be proclaimed. #LabourLawAmendments #EmploymentLaw #LabourLegislation #Reform

#Conference | Johann. Jacobs, Consultant in Trusts and Estates Law practice, will be a speaker at the annual Succession and Trust Law Conference, hosted by Akademia, on Friday, 11 October 2024.   In his presentation, Johann will discuss 'Capacity to Act' exploring key aspects of the legal framework and recommending possible research topics.   The conference gathers academic experts and practitioners specialising in succession and trust law to present papers on current developments. Now in its tenth year, the event alternates between South African law faculties and offers a platform for both emerging and established researchers, with contributions from fiduciary practitioners sharing practical insights. #TrustsAndEstates #CapacityToAct #SuccessionLaw #LawFaculties #Speaker

#Event | Towards a dignified life for all: The case for the legal recognition of the 'Family House' On 1 October 2024, our Pro Bono & Human Rights practice in collaboration with the 'Family House Task Committee' and the Legal Resources Centre (LRC) hosted a panel discussion to discuss the 'Family House' phenomenon and to consider the way forward in advancing a case for law reform to address the gaps between our current black-letter-law property regime and on-the-ground popular norms and practices.   Many houses in historically black townships, the majority of which are former rental properties, have over time come to be known as family houses. Partly because residents live in them according to kinship-based residence norms and/or customs - on account of their collective access to a succession of family members, rather than as exclusive claims by individuals. But more importantly, apartheid law denied Black people the right to own urban property, while regulating residence through permits that listed all family members as occupants through tenure and occupation regulations.   The purpose of the gathering (which was the first of what we hope will be a series) was to begin a discussion on creative and pragmatic ways of advocating for urgently needed legal reform to cater for appropriate recognition of the 'Family House'.   Our high-level expert panelists consisting of Professor Maxim Bolt (Oxford University), Tshenolo Tshoaedi - Buthelezi (Executive Director, CAOSA), Dr Rosalie Kingwill (Independent Researcher), and Wilmien Wicomb (Co - Head, Land Reform Programme LRC) (with Gift Nkosinathi Xaba, Senior Associate, CDH as a moderator) reflected on the genesis of the family house phenomenon, considered recent developments and offered practical advice regarding the way forward in the quest for legal reform.  Judge Stuart Wilson gave a thought-provoking keynote address that set the tone for the discussion. #ProBonoAndHumanRights #FamilyHouse #LRC #LawPropertyRegime #PanelDiscussion

#MazingiraDay | Let's make Kenya a greener and healthier place to live. #GreenEnvironment #MazingiraDay2024 #ClimateAction #SustainableFuture #CDHKenya