Cliffe Dekker Hofmeyr Inc

#16DaysOfActivism | A guide on how to apply for a protection order in terms of the Domestic Violence Act 116 of 1998 Today marks the commemorative close of 16 Days of Activism Against Gender-Based Violence. During this time, CDH united with the global community to raise awareness about the violence confronting women and children.   As the 16 days come to an end, Brigitta Mangale, Director, and Elgene Roos, Senior Associate in the Pro Bono & Human Rights Practice place a spotlight on the harsh reality of domestic violence as a pervasive social issue and share a guide on how to apply for a protection order in terms of the Domestic Violence Act 116 of 1998.   Click here https://bit.ly/3D4aOJA to read more about the Protection Order Guide. #DomesticViolenceAct #ProtectionOrderGuide #16DaysOfActivism #GBV

#Chanukah | May this festival of lights bring blessings, happiness, and health upon you and your loved ones. #HappyChanukah #Chanukah2024 #Hanukkah #Chanukah

#Event | Alan Wanjohi, Associate in the Technology & Communications sector at CDH Kenya moderated a panel session organised by the International Trademark Association (INTA) at the JW Marriott in Nairobi on 17th December 2024. The event's theme was 'Policy dialogue on the impact of counterfeiting during the December holiday season.' Alan moderated a session on the role of law enforcement in creating a safe shopping environment during the holiday season. The discussion featured insights from various law enforcement agencies on the challenges they face in combating counterfeit goods, the strategies being deployed to address these issues, and the best practices implemented globally in the fight against counterfeiting.   The event brought stakeholders from different industries, including government agencies, industry representatives, and law enforcement officials, to discuss the extent of the counterfeiting problem in Kenya and the roles that the different stakeholders play in creating a safer shopping environment for consumers during this festive season. #Counterfeiting #HolidaySeason #INTA #SafeShopping #LawEnforcement

#Interview | Imraan Mahomed and Phetheni Nkuna (LLM, MBA), Directors in the Employment Law Practice, were recently featured in the Business Day Public Sector supplement. They discussed the critical need for greater accountability in South Africa's public service.   Imraan and Phetheni emphasise that accountability must become a human capital priority for the South African government to rebuild and sustain a functional public sector. Civil servants are meant to embody the Batho Pele principle, yet the lack of accountability has rendered this ideal ineffective over time.   Referring to the Auditor-General’s 2022/2023 Annual Integrated Report, Imraan and Phetheni stress the importance of fostering a culture of performance, transparency, integrity, and accountability across the public service. The report highlights accountability as a cornerstone for delivering on the constitutional mandate, urging its integration across all disciplines.   Imraan and Phetheni argue that accountability should extend beyond routine reporting and investigations. Public servants and institutions must also justify their actions—or inactions. They underscore that effective human resource management is essential for public sector success, requiring collaboration among political leaders, line managers, and HR specialists, supported by strategic and general management. True accountability demands that public servants take responsibility for their actions and face consequences when commitments are not met. Also, they emphasise that there is a dire need to decriminalise internal workplace processes which are otherwise being run at a great expense to the fiscus.   Click here https://bit.ly/3ZIk1iv to read more. #Accountability #PublicService #InternalProcesses #CivilServants #EmploymentLaw

#Interview | Vincent Manko, Director in the Dispute Resolution practice, Jerome Brink, Director, and Varusha Moodaley, Senior Associate in the Tax & Exchange Control practice joined Jonathan Faurie on the Turnaround Talk on the Front Desk podcast to discuss 'The South African Business Rescue, restructuring (turnaround) and liquidation profession is strictly regulated by legislation. Where does tax fit in?'    Jerome explains that tax plays a crucial role in business rescue or liquidation. Compromising or writing off a debt under the Income Tax Act triggers specific tax consequences. These provisions are technical, and intricate, and apply even in business rescue scenarios. For instance, when a trade debt is compromised, there may be a recoupment, meaning previously deducted expenses could be added back to taxable income. While many companies in business rescue have assessed losses that limit immediate cash tax impacts, recent changes to tax rules, such as restrictions on fully utilising assessed losses, may still influence outcomes.   Varusha highlights the VAT implications during business rescue, noting that VAT filing obligations remain in effect. VAT must also be accounted for on business assets sold as part of the rescue plan. One key consideration is the “VAT clawback,” where, in terms of section 22(3) of the VAT Act, vendors who have claimed input tax deductions on unpaid tax invoices and who then enter into business rescue within 12 months of having claimed such deductions, are required to account for deemed output tax on the unpaid consideration, effectively swapping the supplier's compromised debt for a new liability to SARS.   Vincent emphasises that SARS is a critical stakeholder in business rescue, with participative rights in court proceedings and meetings. Unlike in liquidation, where SARS is a legislated preferential creditor, there is no such preference in business rescue. This distinction often sparks debate over the ranking and timing of SARS's claims, depending on whether the debt arises before or after the business rescue process begins.   Click here https://bit.ly/4fn9NtO to watch the full podcast. #TaxLaw #BusinessRescue #Restructuring #Liquidation #VatAct #SARS

#CDHKenya | Congratulations to our Kenya Trainee Advocates on their admission to the bar on 29 November 2024. We are proud to celebrate this incredible milestone with Charity Muindi, David I. Kimani, Mike Ogutu, Nicholas Owino, Nicole Mutung'a, and Sara Ndei. This remarkable achievement marks the start of an exciting journey, and we wish you every success as you embark on this new chapter of your legal career. #BarAdmission #KenyaAdvocates #LegalCareers #LegalJourney #TopTalent

From all of us to you, warm wishes for a joyful and safe holiday!

#DealAnnouncement | CDH advised Old Mutual Private Equity and management in relation to the disposal of their interests in Holdsport Group to Frasers Group PLC.   CDH's Corporate & Commercial, and Competition Law practice areas advised Old Mutual Private Equity and management in relation to the disposal of their interests in Holdsport Group. Holdsport Group, the South African sporting, outdoor and recreation goods company, owns household names such as Sportsmans Warehouse and Outdoor Warehouse and has a network of 88 stores across South Africa and Namibia. The purchaser is Frasers Group PLC, which is listed on the London Stock Exchange.   Deal team: Peter Hesseling, Anita Moolman, Susan Meyer, Dane Kruger, Jenny Harwin and Duran Naidoo

#JamhuriDay | Wishing all Kenyans a happy and peaceful Jamhuri Day. #JamhuriDay2024 #Kenya #ProsperousFuture #PeacefulFuture

#CDHAlert | In today's alert, Allan Hannie and Luyolo Mfithi discuss what is BBBEE and why is it so important. Broad-Based Black Economic Empowerment (BBBEE) is a legislatively mandated and regulated system of laws and policies aimed at promoting BBBEE in South Africa and thereby addressing the exclusion of the majority of Black South Africans from effectively participating in the formal economy under Apartheid. The primary enabling legislation is the Broad-Based Black Economic Empowerment Act 53 of 2003 (BBBEE Act). If it is implemented holistically and in furtherance of the objects of the BBBEE Act, BBBEE can have a significant impact on South African companies that elect to comply, and this is not limited to competitive and commercial implications. Click here to read more - https://bit.ly/3OTm9yM #BBBEE #LegislativelyMandated #RegulatedSystem #SouthAfricanCompanies