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  • Article

    Regulatory Issues in Energy

    Doing deals in any business sector requires some understanding by principals and their advisors of the regulatory framework.
    South AfricaReal Estate and Construction
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Stolen Domain Name? Complain!

    The task of enforcing the law rests in the State. Even private arbitration awards are enforceable only by way of a court order. Conversely, the procedure for resolving domain name registration disputes does not involve the State.
    South AfricaLitigation, Mediation & Arbitration
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
Article

Certification of Electronic Evidence – A Powerful Tool in South African Litigation

The use of hard copy printouts of documents stored on computers has long been a bugbear for banks, insurance companies and anyone else wishing to present evidence from its computer system in order to prove a claim.
South AfricaStrategy
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
  • Article

    An Update On Namibia’s Digital Infrastructure And Legal Framework

    Namibia has launched three foundational digital infrastructure components: WayaMe for instant payments, DigiNam for digital identity verification, and activated electronic signature provisions under the Electronic Transactions Act. These developments create the technical and legal framework necessary for businesses to offer remote onboarding, electronic contracting, and digital public services across the country's emerging digital economy.
    NamibiaMedia, Telecoms, IT, Entertainment
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    The Big Catch: They've Resigned. Can They Compete With My Company?

    So they've resigned – now what? Can the fiduciary duties as a director of a company extend post-resignation, and if so, to what extent?
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Does A Contractual Provision Override The Statutory Forfeiture Of Severance Pay?

    The Supreme Court of Appeal has clarified critical aspects of severance pay entitlements under South Africa's Basic Conditions of Employment Act, particularly addressing when employees may forfeit severance benefits by unreasonably refusing alternative employment offers. This judgment resolves jurisdictional questions about which forum should adjudicate such disputes and establishes important precedent regarding the interplay between contractual employment terms and statutory severance obligations.
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Victory Against HIV Discrimination

    According to Statistics South Africa (Stats SA) 2019 mid-year population estimates for 2019, around 18,7% of South Africans aged 15 to 49 years are HIV positive
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Why Electrification Is Key For Powering Africa’s Industrial Future

    Reliable and affordable electricity at scale underpins industrialisation across Africa, yet energy shortages continue to limit development opportunities and constrain productivity. This analysis examines how market reforms, renewable energy integration, and regional cooperation are reshaping Africa's energy landscape, with particular focus on South Africa's recent regulatory changes and the strategic importance of treating electrification as an economic priority rather than an afterthought.
    South AfricaEnergy and Natural Resources
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    A Silver Lining? Relaxation Of The Exchange Control Rules Regarding Loop Structures Announced In The MTBPS

    On 30 October 2019, the Minister of Finance (Minister) tabled the 2019 Medium-Term Budget Policy Statement (MTBPS).
    South AfricaFinance and Banking
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Application Of The Pari Delictum Rule

    Proprietors of liquor businesses should take heed of a recent decision of the Supreme Court of Appeal reported in the case of Hitler Adolf Klokow v Michael Boyton Sullivan.
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    How Companies Can Integrate ESG Considerations To Comply With Evolving Requirements

    Environmental, social and governance considerations are increasingly moving beyond regulatory compliance into the contractual allocation of risk in commercial transactions. Businesses now face ESG obligations directly in commercial agreements, project documents, financing arrangements, and investment transactions, creating a separate source of legal exposure even when fully compliant with applicable laws. This shift is being reinforced by evolving regulations, investor scrutiny, sustainability reporting req
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    The Weighting Issue – Will BEE Scorecards Fail the Broad-Based Test?

    In his 2005 budget speech, President Thabo Mbeki lashed out at the most common of all criticisms of current black economic empowerment models – that BEE is not "broad based" enough.
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Who Is Liable When A Payment Is Made In Terms Of An Invoice That Has Been Intercepted And Altered?

    This is exactly what happened in the case of Galactic Auto (Pty) Ltd v Venter (4052/2017) [2019] ZALMPPHC 27. The plaintiff, a motor vehicle dealership
    South AfricaFinance and Banking
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    No Rest For The Wicked Social Media Policy

    Our courts have often dealt with employees operating under the misconception that their social network sites are personal, private and detached from their employment.
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Investor's Remorse: Can You Take Action Against Your Investment Broker For A Failed Investment?

    In the Symons case, the plaintiff invested R5 million into a property syndication with Sharemax Investments (Pty) Ltd (Sharemax) based on the advice of the defendant ...
    South AfricaFinance and Banking
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Invoking Hardship In Difficult Economic Times To Renegotiate Commercial Obligations

    With suppressed economic activity in South Africa, suppliers, distributors and service providers are all feeling the economic pinch and seeking various means to obtain some financial reprieve
    South AfricaLitigation, Mediation & Arbitration
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Age-based Separation Packages: PRASA Ordered To Pay R1.5 Million For Age Discrimination

    A recent Labour Court judgment demonstrates that structuring voluntary separation packages by age, without evidence to justify the distinction, may constitute unfair discrimination under the Employment Equity Act. The case examines whether an employee who accepts a lower age-based package waives their right to challenge it, and explores the limits of contractual agreements in overriding constitutional protections against age discrimination.
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Black Economic Empowerment

    With the publication of the first draft Codes of Good Practice (codes) under the Broad-Based Black Economic Empowerment Act No. 53 of 2003 (BEE Act) in December 2004, the regulation of BEE has taken an interesting turn.
    South AfricaEnergy and Natural Resources
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    No Prospectus No Deal?

    The South African corporate world recently stood in trepidation of a momentous decision by the Supreme Court of Appeal ("SCA") which could have resulted in most, if not all, share for share offers made to shareholders of public companies concluded during the past few decades being declared unlawful.
    South AfricaFinance and Banking
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    The Application of the Competition Act to Franchise Agreements

    The Competition Commission recently published a notice designed to inform franchisors and franchisees about the impact of the Competition Act on their franchising arrangements.
    South AfricaAntitrust/Competition Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Showing 81–100 of 158 results

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