CDH Conversations: Recent Episodes
CLIFFE DEKKER HOFMEYR
Welcome to CDH Conversations. This is a dedicated Cliffe Dekker Hofmeyr podcast channel where our audiences have insight into the most recent legal and business developments across key industry sectors.
This is an interview and conversational-based channel where our experts delve into various legal subject matters that impact businesses across East and Southern Africa. This channel acts as an enhanced method to access our thought leadership.
The South African construction sector is under siege from extortion, which has escalated from sporadic incidents in 2015 to a widespread crisis. This illicit activity is often attributed to unlawfulactivities conducted organised extortionists and criminal organisations also known as the construction mafia.
Proactive stakeholder engagement is imperative to mitigate the detrimental effects of criminal elements on construction projects. Fostering positive relationships with affected communities, through established channels, is essential for the successful implementation and sustainability of infrastructure initiatives.
Join Director, Sentebale Makara and Candidate Attorney, Thobeka Dhlamini from ourConstruction & Engineering sector where they discuss the construction mafia, its operations, and some practical strategies for mitigating its impact.
In this episode of CDH conversations, ZacharyKokosioulis and Tayyibah Suliman discuss the role of women within the technology law space, and also discuss emerging trends and corporate practices of the technology sector at large.
Tayyibah Suliman is a Director in our Corporate &Commercial practice and is the Sector Head for our Technology & Communications specialisation. Having spent majority of her career within the technology sector she shares her experiences as a woman in the technology law sector and explores potential challenges women face within the industry, developing trends of the technology sector as well as advice to anybody wishing to make an entrance into the industry.
Furthermore, social media platforms such as Facebook, Instagram and X (formerly Twitter) have enabled users to connect and communicate with people who are on the other side of the world with a few strokes of a keyboard. However, it is unfortunately not uncommon for users of social media platforms to misuse or abuse these platforms.
In today's podcast, we discuss the dangers of social media use in the workplace, the steps that the legislature has taken to address the growing trend of abusive information being shared online and the measures that employers can put in place to mitigate the risks associated with social media in the workplace.
Parties to a construction contract usually agree to the obligation to conclude separate financial arrangements with third parties for the purposes of ensuring financial security and project success.
Parties to a construction contract usually agree to the obligation to conclude separate financial arrangements with third parties for the purposes of ensuring financial security and project success. One such arrangement is a retention guarantee. Although not as popular as the other form of guarantees (i.e., Advance Payment and Performance Guarantees) in the South African construction industry, this arrangement offers protection to the Employer through providing financial security for the correction of defects that may manifest and which the Contractor fails to remedy.
Join Khaya Mantengu and Zodwa Malinga in the Construction & Engineering sector where they discuss the purpose of retention guarantees, the parties to such arrangement and what the parties should consider when agreeing to such guarantees.
Retha Beerman, Director and head of the CDH Knowledge Management department; Calinka Murray, Practice Development Director in our Dispute Resolution practice; Kirsty de Sousa, Professional Support Lawyer in our Real Estate Law practice, and Stephanie Goncalves, Professional Support Lawyer in our Banking, Finance & Projects practice, and Knowledge Management department joined CDH Conversations for the second episode of a three-part series on " Empowering women in legal support roles".
In this episode we hear from our guests as they share their unique experiences and perspectives on navigating the legal realm, embracing innovation and disruptions in the legal industry.
Retha Beerman, Director and head of the CDH Knowledge Management department; CalinkaMurray, Practice Development Director in our Dispute Resolution practice; Kirsty de Sousa, Professional Support Lawyer in our Real Estate Law practice; and Stephanie Goncalves, Professional Support Lawyer in our Finance & Banking practice and Knowledge Management department, joined CDH Conversations for a three-part series on "Empowering women in legal support roles".
In the first episode, we delve into our journeys into law, what we do, and how our rolesdiffer from the "standard" lawyer roles.
On 16 May 2024, CDH Kenya hosted a breakfast forum for a diverse group of industry leaders from banking and finance, private equity, logistics, betting, and education.
The event centred on critical tax proposals outlined in the recently unveiled Finance Bill 2024.
A shared concern emerged among participants: Kenya's economic resilience and attractiveness are threatened by frequent, poorly timed, and inadequately designed tax amendments. Specific anxieties were voiced regarding the Bill's proposed hikes in financial service taxes and the new motor vehicle tax.
Guarantees are common in construction andengineering projects. Performance guarantees are designed to ensure that the contractor delivers goods or performs services in accordance with the terms of the contract. If the contractor fails to perform in terms of the contract, it is likely that the employer will suffer a loss.
This may be because of delay or because the employer is obliged to pay a higher price to acquire the goods or services elsewhere or in procuring completion of therelevant works or projects. This instrument will include a financial cap on the issuer's liability, and it is used by parties as a means of protection against non-performance by the other party and for this reason, they are often referred to as "performance security".
Listen to Construction & Engineering Sector Head and Director, Clive Rumsey and Candidate Attorney, Iva Babayi as they discuss performance guarantees in constructioncontracts.
In this first episode Njeri Wagacha, talks to CEO, Christine Maina and COO, Jacklyne Iminza-Anyamba of EAVCA.
In this first episode of the CDH and EAVCA podcast series, CDH Kenya Partner Njeri Wagacha, talks to the recently appointed EAVCA Chief Executive Officer, Christine Maina, and Chief Operating Officer, Jacklyne Iminza-Anyamba. They take a deep dive into EAVCA as an institution, the the journey it has taken over the past 10 years since inception, developments in the industry, what they are doing today, and its vision and plans for the future.
The upcoming Freedom Day on 27 April 2024 marks 30 years since our country's first democratic vote. In this episode, produced in commemoration of Freedom Day, CDH Pro Bono & Human Rights Director, Brigitta Mangale sits down with 4 inspiring women dedicated to making a positive contribution in their local communities and to human rights awareness in all spaces.
Janet Jobson, CEO: Desmond & Leah Tutu Legacy Foundation, Sanelisiwe Sibiya, Group Legal Advisor (Litigation): Nedbank, Mbali Maseko, Organisation Development: Investec, and Nosihle Dlamini – Senior Manager: Toyota Manufacturing, SA discuss the role business and civil society can play in current times in honour of the human rights and liberties fought for during the apartheid regime.
All participants share the contributions their organisations have made in support of local communities, and share their thoughts on how we all – individuals, society and business alike – can play our part in upholding our constitutional democracy.
Every month CDH Kenya Partner Njeri Wagacha publishes a podcast 'Njeri Talks Law'. This months guests discuss the dynamic world of private equity and venture capital in celebration of the 20th anniversary of the Annual AVCA Conference & VC Summit held from 22 to 26 April 2024.
Delve into the intricate balance between Africa's developmental aspirations and the pursuit of profitable investments. Njeri, engages in a captivating conversation with George Odo, Senior Partner and Head of Eastern and Southern Africa from AfricInvest Capital Partners, and Lilian Oyando, Associate Partner and East Africa Regional Head at Goodwell Investments.
Parties to a construction contract usually agree to the inclusion of separate financial arrangements with third parties for the purposes of ensuring financial security and project success.
Parties to a construction contract usually agree to the inclusion of separate financial arrangements with third parties for the purposes of ensuring financial security and project success. One such arrangement is requiring an advance payment guarantee. This guarantee, typically issued by a bank or insurer for and on behalf of the Contractor, offers a safety net to the Employer where it has agreed to provide the Contractor with an advance payment under the contract.
Join Zodwa Malinga and Iva Babayi from our Construction & Engineering sector, where they discuss the purpose of advance payment guarantees, the parties to the guarantee, and what the parties should consider in the advance payment guarantee.
Every month CDH Kenya Partner Njeri Wagacha publishes her podcast 'Njeri Talks Law'. In March we celebrated International Women's Day and to commemorate this Njeri talked to Anne Muraya – Chief Executive Officer of Deloitte East Africa. Anne talks about her long career at Deloitte, what she has learned along the way, and her life's philosophy.
This episode is a must-listen for anyone seeking insights from a successful female leader.
As South Africa grapples with a surge in industrial action and violent strikes, it is imperative for employers to stay abreast of South Africa's labour laws to mitigate risks effectively and safeguard their interests.
Join Hugo Pienaar and Leila Moosa from our employment law department in this podcast where they discuss the distinction between disputes of right and disputes of interest; the implications of protected versus unprotected strike; mechanisms to respond to unprotected and violent strikes and provide pragmatic guidance for employers navigating the ever-evolving complexities of the SouthAfrican labour landscape.
Director Tayyibah Suliman and Consultant Emma Kingdon, in the Technology & Communications sector of our Corporate & Commercial practice, joined CDH Conversations to discuss the impact of the US actors' and screenwriters' strike on the audio-visual content production industry inSouth Africa, and what AI and the increasing dominance of streaming platforms can mean for local creators and producers. They also express some non-binding views on the 2024 Oscars!
International Women's Day (IWD) is a global day celebrating the social, economic, cultural, and political achievements of women. The day also marks a call to action for accelerating gender parity.
In honour of IWD, a panel of CDH Kenya's inspiring women –Partner Lydia A. Owuor, Senior Associate Rizichi Kashero-Ondego, Associate Stefani Wanjeri, and Trainee Advocate Nicole Mutung'a – join us for another episode of CDH Conversations.
This episode focuses on inspiring inclusion for women.Through their unique lenses, these incredible panelists share insights and practical tips for creating a more inclusive culture where everyone feels valued, respected, and empowered to thrive.
It's an episode you won't want to miss! Tune in and jointhe conversation as we strive to create positive change. Click here to listen.
In episode two of our Beyond 16 Days Series, Director BrigittaMangale and Senior Associate Elgene Roos in the Pro Bono & Humans Rights practice unpack the importance of Human Rights Day and exploring constitutional damages as an effective remedy. They are both passionate about women's rights and the fight against violence for women.
While they appreciate the opportunity to shine the spotlight on these issues during the annual 16 Days of Activism for No Violence Against Women and Children, they are acutely aware that meaningful and necessary change can only come from year-round discussion and dedication. In this episode, they explore the key considerations our Courts take into account when parties seek constitutional damages and how constitutional damages can be used as a remedy, in gender-based violence cases.
From the majestic rise and fall of Bafana Bafana, South Africa's national team, to the grace to grass story of the Nigerian Super Eagles and the trumpeting victory of the Ivorian Elephants at the finals, the AFCON has so truly entered the realm of the fabulous, but in this podcast, we shall focus outside the pitch.
Outside the spectacle and fanfare, the COMESA Competition Commission (CCC) fined Confédération Africaine De Football (CAF) and beIN Media Group LLC (BEIN) USD 300 000 each for engaging in anti-competitive business practices contrary to Article 16(1) of the COMESA Competition Regulations (Regulations) (CAF Decision). Kevin Kipchirchir and Lemmy Ndirangu delve into this conversation.
Brigitta Mangale and Elgene Roos in the Pro Bono & Human Rights practice, are both passionate about women's rights and the fight against violence for women. They both run practices that drive strategic litigation and project work in this space.
While Brigitta and Elgene both appreciate the opportunity to shine a spotlight on these issues during the annual 16 Days of Activism for No Violence Against Women and Children, they're both acutely aware that meaningful and necessary change can only come from year-round discussion and dedication. This introductory episode explains the need for these ongoing discussions and hints at topics of discussion to come in later episodes. Join them, on their journeyexploring the women's rights landscape in South Africa.
On 28 November 2023, The High Court of Kenya held that the housing levy as framed in Finance Act, 2023 is unconstitutional. Subsequently, the government gazetted the Affordable Housing Bill 2023 as an attempt to cure the highlighted defects from the court judgement. Furthermore, the government made an appeal and while pending the hearing and determination of the same, it sought a stay of execution/conservatory orders. Today's podcast analyses the intricacies of the bill vis a vis the two court decisions.
Listen to Jackwell Feris and Njeri Wagacha as they discuss and provide their insights on the critical discussions taking place during this year's 30th Invest in Africa Mining Indaba under the theme “Embracing the power of positive disruption: A bold new future for African mining” in Cape Town.
In an era where critical minerals are imperative for the just energytransition for the world to reach Net Zero by 2050; Africa must not be left behind and African states must ensure they embrace positive disruptive elements such as Technology and Artificial Intelligence to fully participate in the growing green economy and thereby also achieve the laudable economic growth and development objectives of the AfCFTA for Africa.
In the conversation, Njeri and Jackwell generally unpack the evolving policy and legal framework in Africa for the exploitation of critical minerals required for a "new bold future" in particular when we look at the minerals required for the renewable energy sector, e-mobility sector, and the green hydrogen economy. They also broadly identify key risks for investors to consider in their investment decisions into specific mining jurisdictions and what African governments are doing to attract investment in the mining of critical minerals, including the potential local content and beneficiation obligations of minerals such as lithium.
Boardrooms are not courtrooms! In today's podcast, Anli Bezuidenhout and Malesela Letwaba discuss the differences, advantages, disadvantages, and application of formal disciplinary procedures vis-a-vis informal disciplinary procedures.
South African labour law has in recent years seen a shift away from formal disciplinary procedures that incorporate all the ccoutrements of a criminal trial, including the leading of witnesses, technical and complex 'charge-sheets', requests for particulars, the application of the rules of evidence and legal arguments, towards a more relaxed disciplinary process.
This has not been possible without the assistance of our courts who have endorsed an informal approach to internal disciplinary processes. The purpose and application of the foregoing are discussed.
Every month CDH Kenya Partner Njeri Wagacha publishes her podcast 'Njeri Talks Law'. In today's ever-changing business landscape, effective leadership is more crucial than ever. This month's episode features Catherine Igathe, Managing Director, and Founder of Ortus Solutions Group.
Drawing on her extensive experience in multinational companies and her passion for developing young leaders, Catherine shares her proven strategies for overcoming roadblocks, building resilient teams, and navigating the changing leadership landscape.
Delve into the first episode of Njeri Talks, where Njeri and leadership guru Catherine unpack becoming an effective leader and navigating the ever-changing leadership landscape.
In this insightful conversation, these accomplished women who serve as exemplary figures in the legal profession, discuss how they successfully navigate the telecoms industry in Kenya.
Wangechi and Linda share compelling narratives about their professional journeys, shedding light on their roles at Safaricom and its profound influence and extensive presence across the African continent. The discussion encompasses various facets such as regulatory frameworks, the integration of artificial intelligence, and the technological landscape post-COVID-19.
Their stories not only inspire but also provide practical wisdom for those aspiring to thrive in the dynamic realm of the legal industry while maintaining a fulfilling and purpose-driven life.
*The bank litigation referred to and cited in the Standard Newspaper was on 10 August 2008.
Kylene Weyers, Director in our Business Rescue, Restructuring & Insolvency sector, together with Gideon Slabbert, Juliette de Hutton, and Prof Andre Boraine joined CDH Conversations to discuss the controversial recent judgment of Wescoal Mining (Pty) Ltd & Another v Mkhombo NO & Others (2023-079991) [2023] ZAGPJHC 1097 (2 October 2023), as well as various other ancillary aspects stemming from the judgment. The judgment concluded that post-commencement creditors in a business rescue (which includes post-commencement financiers) are not “creditors” as defined in Chapter 6 of the Companies Act 71 of 2008, and therefore cannot vote on a business rescue plan.
Kylene discusses that the judgment failed to take into account the commercial realities of business rescue and she concludes that the judgment negatively impacts the prospects of future successful business rescues in our country. The speakers also consider the current legal position pursuant to the judgment, and further take a look at a comparative approach in international jurisdictions.
In this episode of the CDH Women Empowerment podcast series, we speak to Nomlayo Mabhena-Mlilo, in our Dispute Resolution practice. Nomlayo shares her inspiring journey of becoming a lawyer, emphasising her significant achievement of becoming the youngest black female attorney to be admitted as a conveyancer at just 23 years old. She delves into her motivation behind this achievement, highlighting her determination to address the lack of transformation in the property industry.
Nomlayo discusses her active role in inspiring young people, particularly young women, to overcome challenges in pursuing legal careers. She reflects on her involvement in empowering initiatives, shedding light on the impactful experiences and lessons gained.
Nomlayo advocates for mentorship programs, specifically mentioning the South African Chapter of the International Association of Women Judges, and their vital role in transforming the legal profession. She also shares her admiration for influential women in her field and discusses her hopes for the future of the legal profession and access to justice in South Africa.
On a lighter note, she discusses the books she is reading and her favourite shows to stream. Tune in to gain insights from this remarkable legal professional and advocate for change.
Tendai Jangara, Director in our Dispute Resolution practice and Head of our Corporate & White-Collar Investigations sector, joined CDH Conversations for another episode of the CDH Women Empowermentpodcast series. In this conversation, we delve into her journey as a lawyer, the significance of corporate and white-collar investigations in South Africa, evolving trends in corporate crime, and the unique challenges faced in a traditionally male-dominated industry.
Tendai shares her insights on advancing women's careers in the legal world, her sources of inspiration, and offers invaluable advice for individuals and businesses seeking protection against corporate and white-collar crimes.
Plus, get to know Tendai on a personal level as she discusses her hobbies, current reading list, and favourite shows to stream
Director and Head of the Trusts & Estates Practice Gretchen Barkhuizen-Barbosa, together with Senior Associate Emily West, joined CDH Conversations where they unpack the range of services the Trusts & Estates practice offers. They speak about unique challenges and triumphs faced by women in the legal profession. They also delve into the personal and professional values that helped shape their careers.
Megan Rodgers and CEO of Kinetiko Energy, Nick de Blocq, unpack Kinetiko's gas development concept which has the potential to achieve a cleaner energy transition solution for South Africa.
Kinetiko Energy is listed on the Australian stock exchange and focuses on onshore gas exploration in South Africa. Kinetiko have been exploring for the resource in South Africa over a number of years and they recently announced that a reassessment of their multi-block resources, revealed a midpoint or 2C contingent resource of around 6 tcf of gas.
Listen as Nick describes this most significant and exciting moment in Kinetiko’s corporate journey in South Africa to date, as he shares details on what could potentially become South Africa’s largest onshore LNG project and a development concept which has the potential to achieve a cleaner energy transition solution for South Africa.
Puleng Mothabeng, Associate in the Tax & Exchange Control practice and JJ van der Walt, senior Associate in the Employment Law practice discuss a proposed tax amendment which may affect foreign companies that contract the services of persons working in South Africa and, set out some of the possible implications of this proposed amendments for relevant employers and employees
Every month CDH Kenya Partner, Njeri Wagacha publishes a podcast 'Njeri Talks Law'. This month Njeri speaks to Mary Wamae, Group Executive Director at Equity Group Holdings PLC. They discuss Mary's autobiography titled "The Village Girl," in which she explores her early life, legal career, and her journey to becoming a prominent figure at Equity Group Holdings.
Mary is an active participant in the Women Corporate Directors Kenya Chapter Association, an organisation comprising highly influential businesswomen from across the globe. This association focuses on empowering women with the necessary skills to emerge as forward-thinking leaders. In addition to this, Mary holds positions on several other corporate boards.
Join CDH Conversations for the third episode of the CDH and WOZA Women in Law podcast series. In this installment, hosted by Senior Associate Muwanwa Ramanyimi, Directors Simone Franks and Mbali Khumalo form a panel of accomplished women who are actively reshaping the landscape of women in law.
The podcast delves into various topics, including initiatives aimed at promoting women in the legal field, factors contributing to gender disparity, and strategies to overcome challenges faced by aspiring women lawyers.
The panel addresses the concerning underrepresentation of women in leadership roles, engaging in discussions about the nuanced approach required to promote women without bias or discrimination. Each panelist shares valuable insights into mentorship programs and initiatives dedicated to rectifying the gender imbalance within the legal profession.
The episode concludes with the panelists offering advice and encouragement to aspiring women lawyers navigating challenges within the field.
In today's podcast JJ van der Walt and Taryn York discuss the fact that in South African labour law there is no place for formal disciplinary procedures that incorporate all the accoutrements of a criminal trial, including the leading of witnesses, technical and complex 'charge-sheets', requests for particulars, the application of the rules of evidence and legal arguments. Procedural fairness recognises that expeditious resolution of disputes enjoins an acknowledgment that elaborate procedural requirements are inefficient and inappropriate.
They discuss the less formal way to conduct enquiries, with specific focus on written representations.
Join CDH Conversations as we commemorate 100 years of women in law. This series of three episodes, hosted in collaboration with WOZA Women in Law explores the history and vision of women in the legal profession.
The second episode, hosted by Brigitta Mangale (CDH Director: Pro Bono & Human Rights practice) unpacks the challenges women in law face today. Brigitta is joined by panelists Seehaam Samaai, (Director at the Women's Legal Centre), Magistrate Anthea Ramos (Senior Magistrate), along with Phetheni Nkuna (CDH Director: Executive Management), and Subashnee Moodley (Managing Director and Chair at Attorneys Livingston Leandy Inc).
The panelists share their perspectives on empowering women in law. Discover their initiatives for access to justice, overcoming challenges, and achieving work-life balance. Gain valuable insights on the impact of networks, gender-based discrimination, and driving change.
In this episode of the CDH Women Empowerment Podcast Series Tiffany Gray and Roxanne Webster, Directors in our Dispute Resolution Practice share their personal experiences and explain how they have overcome obstacles, balanced work and life, and achieved their goals.
This podcast kicks off Women's Month, as we celebrate the achievements and contributions of women in all fields. Women have been leaders,
innovators, and changemakers throughout history, and continue to inspire us with their courage, creativity, and resilience.
Let us honour their legacy and support their empowerment in our society. Happy Women's Month to all the amazing women out there!"
The Labour Court held that criminal charges laid by the employer against an employee can never stand in the way of that employer subjecting the employee to a disciplinary enquiry in the workplace in respect of the same charges.
The two processes are distinct, with different standards of proof and the employee still has the choice in both processes as to which of his rights to exercise and which ones to waive. At the criminal trial he may choose to exercise his right to remain silent because he cannot be forced to testify during trial as he does not have to prove his innocence.
Employment Law experts Fiona Leppan and Biron Madisa unpack this is here.
As we continue to commemorate 100 years of women in law, we bring you another insightful episode of the CDH Women Empowerment podcast series. This month we are joined by Belinda Scriba.
Belinda, a Director in our Dispute Resolution practice and Business Rescue, Restructuring, and Insolvency sector joins CDH Conversations to discuss her the legal profession and more. Her extensive experience includes litigation and arbitration (international and local), insolvency and business rescue, corporate and commercial contractual disputes, Companies Act disputes, maritime, and international trade.
Today, Belinda delves into her expertise in maritime law, its significance in global trade, and the unique challenges it presents. She talks about her dreams of being a pilot to the inspiring women in her life, the need to remain true to oneself as a woman, as well as the constant evolution of the maritime field, and her most memorable experience in the field.
Candidate Attorney Sebastian Foster, Senior HR Business Partner Boipelo Mathodlana, and Cullinan & Associates Attorney Paul-Michael Keichel joined CDH Conversations to unpack the Theory of Cognitive Liberty, as detailed in the South African Journal on Human Rights article, titled: "Cognitive liberty and the constitutionality of criminalising psilocybin mushrooms in South Africa".
Sebastian, Paul-Michael, and Boipelo Mathodlana outline what the theory entails; discuss its place in the Constitution of South Africa; the implications its acceptance into our law would have; and touch on how it relates to challenging the criminalisation of psilocybin in South Africa. https://www.tandfonline.com/doi/full/10.1080/02587203.2023.2202875]
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Join the CDH Conversations as we commemorate 100 years of women in law. This series of three episodes, hosted in collaboration with WOZA Women in Law explores the history and vision of women in the legal profession.
In the first episode, we are joined by panellists Judge Margaret Victor, Rehana Khan Parker (Director of WOZA Women in Law & Leadership Academy), Subashnee Moodley (Director of WOZA Leadership Academy) and Laura Dlepu (Co-director WOZA Leadership NPC) hosted by Director and Head of Oil & Gas, Megan Rodgers. Together they discuss the centennial celebrations of women in law and the role has WOZA has played toward ensuring an inclusive future in the legal services profession for women.
They also highlight the WOZA Awards which celebrates and recognizes the achievements of women in law. Over the last 100 years we witnessed the emergence of powerful female lawyers, listen to gain insights from these influential voices, and discover how WOZA is working towards an inclusive future on a global scale.
Join Njeri Wagacha on her captivating episode, The Importance of Energy Regulatory Reforms. She brings together a panel of energy experts to unravel the pressing issues discussed at the Africa Energy Forum in Nairobi. With industry leaders like Head: Project Finance at DBSA Mpho Mokwele, Business Development Executive at Power X Mpho Modise, Senior Deal Maker - Energy/Power SBU at the IDC Ali Mnisi, and Head of CDH's Finance & Banking practice Mashudu Mphafudi.
This episode dives deep into unlocking energy infrastructure investments across Africa. Discover the secrets behind making energy utilities bankable, the transformative power of deregulating electricity, the rise of energy traders, and crucial considerations for investors eyeing energy projects. Listen to this enlightening conversation.
McKinsey & Company found that 70% of mergers and acquisitions fail to achieve their intended goals, with poor integration and cultural issues being key contributors to this failure.
Today, we discuss the exhilarating realm of change management during mergers and acquisitions. Did you know that a staggering 70%* of M&A transactions fail to achieve their intended goals? In this episode, Caroline Englund, Jacklyne Iminza, and CDH Kenya Partner Njeri Wagacha delve into the world of organisational transformation and the most significant success factor, change management - the secret sauce that separates triumph from disappointment in the M&A landscape.
Construction & Engineering Law experts Clive Rumsey and Sethu Khumalo discuss the role of arbitration in dispute resolution. Arbitration is arguably the most common form of dispute resolution within the Construction and Engineering sector. They provide a detailed explanation of this form of dispute resolution in the final episode of the three-part podcast series. This episode provides listeners with an in-depth analysis of arbitration clauses and what an arbitration would ordinarily look like.
Redundancy is common among employers who seek to restructure their businesses. It is one way of terminating a contract of employment other than through dismissal or retirement. The definition of retrenchment is the loss of employment, occupation, job, or career by involuntarily means through no fault of the employee. It is at the initiative of the employer, where the services of an employee are superfluous, and the practices commonly known as abolition of office, job, or occupation and loss of employment. However, it is by no means a get-out-of-jail-for-free card for employers.
There is a process to be followed and substantive safeguards to be adhered to. In this podcast, Christine Mugenyu and Kevin Kipchirchir analyse the requirements for redundancy in Kenya and more particularly highlighting the recent ELRC determination in Tom Kimaru v. Nairobi Securities Exchange PLC.
CDH's Corporate & White Collar Investigations sector provides an internationally aligned standard of corporate investigations and advisory services. The team's expertise ranges from litigation support and business intelligence, to complex, multi-jurisdictional matters in Africa and beyond.
Click here to listen our podcast by Director, Tendai Jangara and Forensic Accountant and Investigator, Hilary Chapfuwa, where they provide critical insights into how the firm can be of assistance to clients.
Njeri Wagacha talks to Maryanne Ochola, Managing Director at Endeavor Kenya, and Vlad Dugin, Partner at E3 Capital Kenya. Endeavor, a leading global community, is driven by the belief that High-Impact Entrepreneurs can transform economies and foster thriving entrepreneurial ecosystems in emerging and underserved markets worldwide. On the other hand, E3 Capital aims to create economic value for African economies and investors, all while prioritizing sustainability. Together, they delve into the impact that venture capital can have on promoting innovation in Kenya and across the African continent.
Construction & Engineering Law experts Clive Rumsey and Sethu Khumalo joined CDH Conversations where they discussed mediation as a form of dispute resolution within the construction and engineering sector, as part of their three-part podcast series. In the second episode, Clive and Sethu shed light on how mediations work as a highly effective method for resolving disputes within the construction and engineering sector. They delve into the inner workings of mediations and explore their continued relevance in today's ever-evolving commercial landscape.
In just under 4 weeks, all Zimbabwean Exemption Permits ("ZEP") will expire. The expiry of these ZEPs will undoubtedly affect the lives of millions of Zimbabwean nationals who have contributed, and who continue to contribute so much to the South African economy. So, what now? In this podcast, we explore the various visa options available to ZEP holders, the consequences of continuing to employ ZEP holders after 30 June 2023, and how employers may assist ZEP holders to secure alternative visas.
Employment Law experts Director Jose Jorge and Associate Taryn York, also an Immigration Law expert, joined CDH Conversations to discuss the imminent expiry of ZEPs.
10 April 2023 marked 100 years since the Woman Legal Practitioners Act 7 of 1923 was promulgated. The Act contained a single section, which read: “Women shall be entitled to be admitted to practice and to be enrolled as advocates, attorneys, notaries public or conveyancers in any province of the Union, subject to the same terms and conditions as apply to men…”.
In episode two of our CDH Women in Law podcast series we speak with Lucinde Rhoodie, a Director in our Dispute Resolution practice. Lucinde delves into balancing the scale of gender in dispute resolution and the legal industry.
Prof Hugo Pienaar and Leila Moosa discuss employment policy and procedure requirements that employers should have front of mind when considering how the employment equity amendments may impact their business and its implementation of the Employment Equity Act, 1998.
Employment Law Director Hedda Schensema and Associate Kgodisho Phashe discuss the sectoral numerical targets, compliance, and the fines and liabilities in terms of the Employment Equity Amendments that a designated employer may be liable for in instances of non-compliance.
Imraan Mahomed led the discussion with JJ van der Walt on the expected, yet rather uncertain, impact of the imminent promulgation of the EEA amendments and the recently published draft regulations proposing eighteen economic sectors and numerical targets determined by the Minister. Imraan highlights the need to understand the newly constituted risks, and the everlasting need to remain cognisant of the difference between quotas and numerical targets, since with Ministerial determination and legal enforcement of compliance, numerical targets may, in certain circumstances, constitute quotas, which are unlawful. Employers and interested parties must seriously consider actively participating in the process and submit submissions, especially considering the absence of transitional arrangements, amongst other glaring oversights and uncertainties.
This is the first episode of a series of short podcasts where our Employment Law experts unpack the implications of the recent Employment Equity Amendments on employers. This episode features Practice Head Aadil Patel and Professional Support Lawyer Nadeem Mahomed.
A lot of discourse within employment circles in Kenya has been about strikes. However, very little has been said about the right of employers to lock out employees. CDH Partner Desmond Odhiambo and Trainee Advocate, Kevin Kipchirchir provide expert insights into what a lock out is, the parameters of declaring a lockout, and the process of declaring one. They also unpack the use of replacement labour which though not developed within Kenyan jurisprudence, has been aptly elaborated in South Africa.
This month Njeri Wagacha talks to John Ngumi, Executive Director at Eagle Africa Capital Partners Limited. John speaks about his illustrious career in investment banking, setting up the first investment advisory business in Africa, his role as the Chair of Kenya Pipeline Company (KPC) and Safaricom, and his view on investing in Kenya and Africa.
This conversation forms part of the CDH supports women's empowerment series. A series where several members of our firm will be discussing the importance of women's empowerment and the many ways CDH is dedicated hereto.
In this episode Pro Bono & Human Rights Director Brigitta Mangale and Senior Associate Elgene Roos as they discuss the role of impact litigation in enforcing and protecting the rights of women in South Africa.
They touch on some of the impactful litigation CDH's Pro Bono and Human Rights practice is involved in, as well as litigation brought by other organisations, which speaks directly to the continued vulnerability of women and the impact restrictive legislation can have on their lived realities. They further discuss the worrying opposition by the State when faced with litigation of this nature and how it is indicative of the society, we live in.
Recently the labour court handed down a judgment in which it had to consider whether dismissal for insubordination was an appropriate sanction for employees who refused to obey an instruction to work overtime. The case raised important questions relating to overtime and highlighted an important aspect of section 10 of the BCEA.
Employment Law experts Director Fiona Leppan and Associate Kgodisho Phashe, joined CDH Conversations to discuss the recent judgement.
In celebration of International Women’s Day, CDH held a high tea event hosted at the Capital Club in Nairobi, where CDH Kenya Partner, Njeri Wagacha hosted a panel discussion with Sienna Dutkowski of Lady Askari, Freda Rutere, Real Estate Development Manager, and Nonnie Burbidge, Venture Partner at Zephyr Capital and the co-founder and CEO of SideChic KE and Try Cooked.
The panel is an example of a new generation of women learning to carve out their careers, manoeuvre the business world and own their own stories. Together with an audience of women, these powerful women unpacked their perspectives in their varying fields of work, as mothers, and how the celebration of International Women's Day resonates with them.
Join Boipelo Mathodlana in conversation with Book iBhoni's Mpumi Mtintso and Gift Xaba Senior Associate in our Pro Bono & Human Rights Practice as they discuss the value of human rights and why it is important for organisations and members of society as agents for social change to promote and protect our human rights through active citizenry and contributing to social empowerment initiatives.
Book iBhoni is an NPO and will be hosting its annual Tour De Libraries on 15 April 2023, delivering books to various libraries, and giving children access to books and education. The Tour De Libraries initiative is based on and anchored by the values of social empowerment and active citizenry which are aligned with the values of our Human Rights practice and the firm. The initiative uses the themes of Human Rights month (March) and Freedom Month (April) as a backdrop to contextualise and guide its activities and efforts.
In the first episode of this three-part series focused on dispute resolution within the construction and engineering sectors, Clive Rumsey, Director and Head of the Construction & Engineering sector, and Associate Sethu Khumalo discuss adjudication as a form of dispute resolution from both a legal and practical perspective to provide listeners with an overview of what they should expect from an adjudication clause in a contract.
On 19 January 2023, the Cabinet Secretary for the National Treasury and Economic Planning made The Income Tax (Financial Derivatives) Regulations, 2023. These Regulations are intended to provide a taxation framework for gains made from financial derivatives traded in Kenya. With the introduction of these Regulations, multiple questions have risen regarding the nature of financial derivatives that befall the taxman's scope. CDH Kenya Partners, Alex Kanyi and Martha Mbugua provide some clarity on the taxation of gains from financial derivatives in Kenya and the implications to taxpayers.
Brazil is considering several bills that may result in imprisonment for failure to comply with that country's mandatory vaccination regulations. If passed into law, citizens of Brazil may be imprisoned for refusing to vaccinate and for spreading misinformation about Covid-19 vaccinations.
The developments in Brazil may resuscitate discussions in the workplace about the implementation of mandatory vaccination policies in the context of South Africa and the developments across the globe.
Njeri Wagacha talks to Iain Usiri, CEO & Co-Founder of Ramani, a point-of-sale distribution business in Tanzania.
Ramani raised USD 32 million in its Series A round last year and has grown month on month by 68%. Not even yet 30, Iain talks about: being a young leader, running a growing business, and not being afraid to pivot, Chesterton's fence fallacy and the importance of being intellectually humble.
Chairperson, Tim Fletcher and CDH Partner Njeri Wagacha speak to Graduate Programme Manager, Boipelo Mathodlana.
They highlight a few of their expectations which include the below amongst others:-
- Gain as much practical experience as possible to develop skills, understand expectations and the culture of the organisation.
- Leaders must walk the talk by living the values that they expect from their juniors.
- Ask relevant questions – during the interview stage and over the course of your training.
- Add value to your team by focusing on the opportunities given to you.
CDH Conversations Podcast hosted Director Bongani Masuku and Associate Tshepiso Rasetlola from the Employment Law Practice, where they discussed the general principles of retrenchments and, how it affects fixed-term contract employees.
The episode focused on severance pay in respect of fixed-term contract employees by highlighting the CCMA case of SA Revolutionary Allied Workers Union on behalf of Ntshangase & Others and Mjayeli Security Services which dealt with the question whether fixed-term contract employees are eligible to be paid severance pay. The employees had been on a fixed term contract (FTC) or a period in excess of 24 months and earned below the threshold. The commissioner found that the employees in this case had been terminated for reasons relating to the employer's operational requirements and were entitled to being paid severance in terms of section 41 (BCEA) both by reason of their retrenchment and by reason of the amendment to section 198.
Great consideration to be taken in setting the period of employment in FTCs, and in any subsequent extensions and/or renewals. If below the threshold, then provision to be made for the payment of severance should employment terminate, and they meet the requirements of section 198B(10)(a). Proper advice must be obtained when considering terminating FTCs and the ramifications thereof both in terms of section 189 and 198B.
Njeri Wagacha talks to Fred Waithaka, Head of Legal and Regulatory at Safaricom PLC. Fred talks about his journey to becoming a lawyer and moving into the regulatory space. He speaks about Safaricom's strategic growth and its mission to identify new growth areas with the intention of delivering a superior customer experience.
This year CDH, NjeriTalksLaw and the East Africa Venture Capital Association (EAVCA) have partnered to podcast. In this first podcast, CDH Kenya partner, Njeri Wagacha talks to Eva Warigia, Chief Executive Officer of EAVCA, and Andrew Fassnidge, founder of Africa Tech Summit on the upcoming Africa Tech Conference, its origins, deal-making in the venture capital space, investing in Africa and why Africa is the investing destination in 2023.
Thandiwe recently completed the International Lawyers for Africa (ILFA) advanced training and secondment programme. ILFA is a capacity building Africa focused organisation founded in 2006 to enhance the quality of legal services and strengthen the rule of law in Africa.
Thandiwe is joined by Fateema Benjamin, Programme Manager of ILFA, where they discuss international opportunities offered by the organisation for lawyers on the African continent. Thandiwe has also been elected to join the ILFA National Committee in South Africa. Congratulations Thandiwe!
In the first episode of Njeri Talks Law for the year, Njeri Wagacha speaks with Pat Mbugua, Head of Legal, Client Coverage, Corporate Commercial and Institutional Banking, East Africa, at Standard Chartered Bank Kenya Limited. Pat was runner-up for the Lawyer of the Year at the 2022 Nairobi Legal Awards.
Congratulations to Thandiwe Nhlapho on successfully completing the International Lawyers for Africa advanced training and secondment programme at Debevoise & Plimpton. Thandiwe has been away in London since September 2022 to enhance her professional development, which she discusses in this episode of CDH Conversation.
In the last podcast for 2022, Njeri Wagacha, Partner in our Nairobi office, provides a summary of the 2022 Njeri Talks podcasts.
She recaps her conversations with Alex Muchilwa, Head of Legal at Opibus on Electric Vehicles, Nicola Muriuki, and Kevin Mutiso who delved into the regulation of digital lending in Kenya, Lady Justice Effie Owuor unpacks her legal career, Stephane Duproz from Cassava Technologies where they discussed data centres in Africa, Chris Mureithi of Novastar, I&P and New Forest on Private Equity in Africa about mental health, Reena Shah Senior Legal Advisor at Nestlé who provided insight on her in-house legal counsel role, and Ed Burbidge of I&M Burbidge Capital talks about the start of his career, moving to Kenya, setting up Burbidge Capital, and the merger with I&M Bank.
In addition, Njeri also looks back on her conversations with Tim Fletcher, CDH's Chairman on a shaky start in law, "white privilege" and bridging the inequality gap, as well as CDH Kenya Partner, Shem Otanga on Data Protection Regulation in Africa.
Join Real Estate Law practice Associate Suné Kruger, and Professional Support Lawyer Kirsty de Sousa, as they talk about mortgage bonds, explaining the purpose of bonds and the procedure that one needs to go through to register a mortgage bond.
In this Graduate Matters Edition, Boipelo Mathodlana, Malebo Maholo, Priscilla Brandt, Liso Zenani, and Luyolo Mfithi discuss funding studies to expand opportunities.
Tiffany Jegels, Director in our Dispute Resolution practice recently joined CDH Conversations to discuss her career, areas of specialisation and her involvement in each. We further delve into her recent promotion and events that have shaped her into the person she is today
CDH Kenya Partner, Njeri Wagacha, publishes the podcast 'Njeri Talks Law' every month. This month, she speaks with Ed Burbidge, CEO of I&M Burbidge Capital a corporate finance advisory firm in Nairobi. Ed talks about the start of his career, moving to Kenya, setting up Burbidge Capital, and the merger with I&M Bank.
On 18 October 2022, the Kenya Revenue Authority (KRA) issued a notice to the public of its intent to undertake a data collection exercise on rental properties within Nairobi City County and the Nairobi Metropolis. This exercise, which entails moving from house to house to collect information from tenants on their landlords, has elicited reactions from the public.
Accordingly, the taxman's move raises a lot of questions, for tenants, landlords, and the public at large. Some of the key questions that need to be addressed include: what Rental Income Tax (RIT) is, how it is paid, how KRA can enforce payment of RIT under the law, the parts of the country where KRA's data collection exercise be conducted, whether KRA has conducted similar data collection exercises before and what the key data protection issues are.
Listen as Alex Kanyi, Shem Otanga, and Joseph Macharia provide some clarity on the taxman's data collection exercise, it's legal founding under current law, and the implications to taxpayers and KRA.
It has become common practice for employers, in certain industries, to obtain human resources and talent through alternative structures, such as outsourcing and secondment. As common as it is, it is prudent for an employer to understand what these structures entail and most importantly their legal implications, especially since they are not regulated by a specific law in Kenya. CDH Kenya's Employment Law expert, Rizichi Kashero-Ondego is joined by J.D Dungu, Director at Preferred Personnel Africa, to discuss these alternative structures, and what an employer should consider before undertaking them.
In today's episode of CDH Conversations, Employment Law experts, Hugo Pienaar and Abigail Butcher discuss the Employment Equity Amendment Bill, which is likely to be promulgated in late 2023, and the impact that its promulgation will have on employers. The proposed amendments include a change to the definitions of "designated employer" and "people with disabilities", the removal of the requirement for HPCSA certification in respect of psychological testing, the introduction of sectoral numerical targets by the Minister as well as the practicalities around the submission of employment equity reports.
With several jurisdictions permitting foreigners to live and work remotely within their borders and employers developing systems that permit their employers to work anywhere, there are several considerations that employers and employees need to consider in this new normal. Join Reena Shah, Senior Legal Advisor at Nestlé, Rizichi Kashero-Ondego, and Sylvia Kamanga as they discuss the new developments in remote working, what you need to look out for, and the factors that need to be taken into consideration when opting to undertake this new style of work.
In Episode 2 of our Graduate Matters podcasts, Boipelo Mathodlana, Graduate Programme Manager at CDH is joined by two of our first-year candidate attorneys, Hlonelwa Lutuli, and Oliver Marshall for a discussion on "How you can distinguish your CV during your studies".
CDHTalented #CDHGraduateMatters www.apply4law.africa
Employers are required to take positive action in dealing with complaints of sexual harassment to ensure that it is eradicated. Join CDH's Rizichi Kashero-Ondego and Tyler Hawi Ayah in conversation with Kate Nderu, Director at Knightwise Human Capital Ltd, as they discuss sexual harassment from a legal and HR perspective and provide practical insights about how employers can create effective reporting mechanisms and lawfully handle complaints of sexual harassment.
Every month CDH Kenya Partner, Njeri Wagacha, publishes the podcast 'Njeri Talks Law'. This month, Njeri speaks to CDH Chairperson, Tim Fletcher. Tim talks about his shaky start in law, "white privilege" and bridging the inequality gap, what makes a good lawyer and how to deal with the challenges of work as a lawyer.
Every month CDH Kenya Partner, Njeri Wagacha, publishes the podcast 'Njeri Talks Law'.This month, Njeri speaks with Reena Shah, Senior Legal Advisor at Nestlé, about managing an in-house legal team and the challenges of working multi-jurisdictionally. Njeri and Reena also delve into food laws, data protection, and the importance of diversity and inclusion in the workplace.
Managing employee performance and creating an effective performance improvement plan (PIP) are active responsibilities that employers often underestimate. Employers must establish clear performance standards and build an employee's capacity to perform, in a manner that is reasonable, measurable, verifiable, and achievable. The law further requires employers to structure a PIP to address a perceived employment failure, as opposed to using it to terminate an employment contract.
"Be your authentic self, stay focused and be clear about your goals" says Megan Rodgers, Director and Head of the Oil & Gas sector. Megan shares her journey to becoming a lawyer and specialising in the oil and gas space.
Elgene Roos, Senior Associate in our Pro Bono & Human Rights practice talks about how an administrative error in her university application led to the best mistake to ever happen. She goes on to say that her experience at the Legal Resources Centre shaped the kind of lawyer she is today, and this was where her passion for public interest litigation grew.
Does your CV and cover letter invite the reader to know about you and confirm your eligibility for the role? Is your application relevant, truthful, and honest? Is the content clear, concise, and consistent?
What is your application approach – Is it intentional, ~~and~~ are you tracking where you've applied, or is it the spray and pray tactic?
Boipelo Mathodlana and Malebo Maholo provide tips in Episode 1 of our Graduate Matters edition podcast.
Remember to manage your expectations, remain persistent in a highly competitive industry and apply the ABCs to increase your chances to secure the right interview.
CDHTalented #CDHGraduateMatters www.apply4law.africa
Roxanne Webster, Director in the Business Rescue, Restructuring & Insolvency Sector talks about her directorship in the International Women's Insolvency & Restructuring Confederation (IWIRC), and the Give a Future Foundation which is a non-profit foundation that she founded.
In terms of section 145 of the Labour Relations Act 66 of 1995, a litigant's failure to prosecute a timeously launched review application, may result in the review application being archived, or deemed withdrawn. A question that often arises is whether the Labour Court has jurisdiction to dismiss a review application that is deemed withdrawn in terms of the Practice Manual. Previously, the Labour Court was of the view that it does not have jurisdiction, but a recent judgment has expressed a view that the Labour Court has the discretion to dismiss a review application that is deemed withdrawn. Click here to listen the podcast by CDH's Employment Law experts, Bongani Masuku and Thato Maruapula
Every month CDH Kenya Partner Njeri Wagacha publishes a podcast 'Njeri Talks Law'. In this month's podcast, Njeri speaks to fellow Partner Shem Otanga, on the Data Protection Registration Regulations, the requirements for registration in Kenya, and what it means to be a Data Controller or Data Processor. They further discuss the need for Data Protection Regulations across Africa, and case law regarding this.
CDH's Employment Law experts, Hedda Schensema and Taryn York, discuss the warning government has sent out to South African employers, in relation to the hiring of illegal foreign workers, during the recent global mobility conference hosted by Xpatweb.
During the conference, government announced that it is adopting a zero-tolerance stance on the hiring of illegal foreign workers in South Africa. The Department of Home Affairs is calling upon all employers to ensure that their expatriate staff are in possession of legally obtained work visas and have confirmed that it will be taking a ‘no-mercy’ stance in respect of employers who do not comply.
Unions have extensive rights under South African law. The rights of a union to bargain was however in 2020 curtailed by the Constitutional Court when the court found that a union was restricted to organising within the scope of its constitution. But can a union represent its members in litigation processes? This is where the members are employed in an industry which falls outside the scope of the unions constitution. The Labour Appeal Court has recently considered this question which is discussed in this podcast, by Imraan Mahomed and Mbulelo Mango.
Every month CDH Kenya Partner, Njeri Wagacha, publishes a podcast 'Njeri Talks Law'. In this month's episode, she speaks to Chris Mureithi, a Growth, Personal & Corporate Development Consultant, on the importance of taking care of one's mental health, wellness in the workplace, and answers your questions on how to cope with competing interests at work.
A fixed-term contract is a contract of service for a specified period of time. Despite having a clear end date, the Courts in Kenya have held that there are certain instances that an employee can have a legitimate expectation of the renewal of the contract.
In this podcast, Christine Mugenyu and Janette Nyaga unpack these instances and also discuss the recent case of Keen Kleeners Limited v Kenya Plantation and Agricultural workers’ Union [2021] in which the Court of Appeal of Kenya set out in detail some of these exceptions. They also discuss some practical ways that employers can ensure that their fixed-term contracts do not turn into indefinite contracts
Kirsty de Sousa conducts an insightful conversation with Real Estate Law expert, John Webber where he answers a few questions and helps explain what a long-term lease is, how it is created, the ability to finance such acquisition, and the general expectation of lessees in such a property developments.
Every month CDH Kenya Partner Njeri Wagacha publishes a podcast 'Njeri Talks Law'. During this month's episode, Njeri discusses the current state of play, the trends and opportunities, as well as the approach to investing in Africa with private equity and venture capital experts, Sapna Shah of Novastar Ventures, Paul Ohaga of New Forests, and Asif Noorani of Investisseurs & Partenaires.
Recently, the Constitutional Court decided the case of Adam Damons v City of Cape Town, where an employee firefighter who was injured at work and sustained a disability (as a result of the employer's non-compliance with safety procedures) sought a position as a Senior Firefighter but was inhibited by the employer's Fire and Rescue Advancement Policy. The case raised important questions relating to unfair discrimination in the workplace, the place of the inherent requirements of the job defence and the scope of reasonable accommodation. Listen to the podcast by Employment Law experts Fiona Leppan and Kgodisho Phase
Every month CDH Kenya Partner Njeri Wagacha publishes a podcast 'Njeri Talks Law'. This month Njeri talks to Stephane Duproz, Executive Director of Cassava Technologies, the holding company for Africa Data Centres. Stephane talks about how datacenters are changing the way data is held, stored, and used and how datacenters are shaping Africa’s technological footprint.
Understanding the legal weight of appointment letters is very important to employers. Of even more importance is understanding the legal effect of unilaterally revoking an appointment letter before an employee reports to work. In this podcast Christine Mugenyu and Johnstone Odeya discuss the case of Kelvin Gatembo Kariuki & 4 others vs. Office of the Auditor-General & 2 others [2021] eKLR which sets out in detail the legal weight of appointment letters and the effect of an unilateral revocation of an appointment letter before an employee reports to work.
Every month CDH Kenya Partner, Njeri Wagacha publishes a podcast 'Njeri Talks Law'. This month Njeri talks to Lady Justice Effie Owuor. In honour of International Women's Day Njeri talks to Lady Justice Effie Owuor, Kenya's First female State Counsel, Magistrate, High Court Judge, and Court of Appeal Judge on her long legal career, navigating family life, and having it all.
An insightful talk where a seasoned real estate attorney explains servitudes as a whole and further provides insight into the different kinds of servitudes, how they are created, when they may be cancelled and how such cancellation occurs. As well as a little extra bit on cell phone towers and how such rights are created allowing companies to erect such towers on a property.
Listen as Marlene Heppes and Kirsty de Sousa discuss the topic of servitudes.
On 28 February 2022, the Minister of Employment and Labour published a Draft National Migration Policy and Employment Services Amendment Bill for public comment. This podcast by Employment Law Director Phetheni Nkuna, focuses on the Bill which seeks to regulate and facilitate the employment of foreign nationals.
Once enacted, the Minister will be able to introduce quotas for the employment of foreign nationals either across sectors, occupational categories, nationally, or within one or more regions in a sector. Employers of foreign nationals will be required to ascertain that they are entitled to work in South Africa, and to perform the work for which they are employed, satisfy themselves that no other person in South Africa (other than foreign nationals) has requisite skills to fill the vacancy – before recruiting the foreign national, and to prepare a skills transfer plan. Finally, digital labour platforms will be recognised as employers.
Secondment refers to any contract that results in the temporary transfer of an employee to another employer or position. In this podcast, Christine Mugenyu and Janette Nyaga analyse the secondment relationship; particularly the roles of the different employers and the termination of the secondment relationship.
This discussion is guided by the recent Court of Appeal Case of Kenya Methodist University v Kaungania & another (Civil Appeal 61 of 2017) and the decision by the Employment and Labour Relations Court in Nyeri in Mary Nyangasi Ratemo & 9 others v Kenya Police Staff Sacco Limited & another [2013] eKLR.
Every month CDH Kenya Partner, Njeri Wagacha publishes a podcast 'Njeri Talks Law'. This month Njeri talks to Nicola Muriuki, Senior Legal Counsel at Tala (https://tala.co.ke/and), and Kevin Mutiso, Chairman of Board Digital Lenders Association of Kenya (DLAK) on the recently passed Central Bank of Kenya (CBK) Amendment Act which aims to regulate digital lenders in Kenya.
For many South Africans, the COVID-19 pandemic has brought waves of uncertainty. Throughout, the pinnacle of uncertainty has always rested with the implications of the virus for the South African workforce. These implications have begun to materialise with the implementation of mandatory vaccination policies in the workplace. In the case of TM v Goldrush Group, one such employee faced the implications of refusing to be vaccinated in the face of a mandatory vaccination policy.
In this podcast, Dylan Bouchier and Tamsanqa Mila discuss the case of TM v Goldrush Group, and breakdown the decision of the Commissioner.
To secure COVID-19 vaccines, governments from around the world were required to provide a partial indemnity from liability to COVID-19 Vaccine manufacturers, in the case of any severe side effects vaccines may cause. In April 2021, South Africa implemented the COVID-19 No-Fault Compensation Scheme altering the approach to how a person may lodge a claim for injury or loss arising from a COVID-19 Vaccine.Legal experts from CDH discuss product liability, consumer protection law, and the influence of the COVID-19 No-Fault Compensation Scheme in this episode of the podcast series focusing on Liability and Recourse for Covid-19 Vaccine Injuries.
CDH Real Estate Law experts conduct a quick conversation answering the often-asked questions about the many compliance certificates required from sellers of immovable property. These include the Electrical Compliance certificates, Electric Fence Compliance certificates, Plumbing Compliance certificates, Gas Compliance certificates, as well as the Entomologist Compliance certificate, better known as a Beetle Compliance certificate.
The podcast will unpack when and where the compliance certificates are required,as well as their validity period.
The directions empowering employers to implement mandatory vaccination policies require an employer to counsel an employee where the employee refuses to be vaccinated either on medical or constitutional grounds. Imparting information to assist employers ease worker anxiety, our experts discuss how vaccinations have been approved for use in South Africa and the regulatory framework which has enabled the South African Health Products Regulatory Authority (SAHPRA) to ensure vaccine safety and efficacy.
As many mandatory vaccinations policies become effective in February 2022, employers are faced with the practical challenges of managing the processes prescribed by the Consolidated Direction on Occupational Health and Safety issued by the Department of Employment and Labour on 11 June 2021, particularly the exemptions procedures. Looking to the emerging CCMA arbitration awards, our Employment Law experts discuss how to deal with employee objections to becoming vaccinated.
Every month CDH Kenya Partner, Njeri Wagacha publishes a podcast 'Njeri Talks Law'. On this year's first episode Njeri Wagacha talks to Opibus a Swedish-Kenyan company that has developed and launched Kenya's first electric bus.