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Never miss a beat on Africa's legal and regulatory landscape.

Cliffe Dekker Hofmeyr

A game changer for taxpayer confidentiality: The Constitutional Court decides in a narrow 5-4 split decision

While public interest litigation is a common occurrence in South Africa, it seldom involves the area of tax law. However, pursuant to the Constitutional Court’s judgment Arena Holdings (Pty) Ltd t/a Financial Mail and Others v South African Revenue Service and Others[2023..

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Cliffe Dekker Hofmeyr

Charting a course for public land reform through the Land (Amendment) Bill, 2022

Kenya has historically struggled with a major crisis in its public land tenure system. This crisis is known as “land grabbing” and is the illegal and irregular allocation of land meant for public purposes to private individuals and corporations. There are many contributor..

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Cliffe Dekker Hofmeyr

Finance Bill, 2023: An analysis of the major tax proposals

The long-awaited Finance Bill, 2023 (Bill) was finally tabled before the National Assembly on 4 May 2023. The Bill comes after a lot of speculation by taxpayers, lobbying by business associations, and speeches or promises from government officials.

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Cliffe Dekker Hofmeyr

Q&A on the Employment Equity Amendment

President Cyril Ramaphosa has signed into law the Employment Equity Amendment Act 4 of 2022. The Act amends the Employment Equity Act of 1998 (Act 55 of 1998) with new measures to promote diversity and equality in the workplace. The effective date is yet to be proclaimed ..

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Cliffe Dekker Hofmeyr

Understanding South Africa’s FATF greylisting

On 24 February 2023, the Financial Action Task Force (FATF) took the decision to include South Africa on its "grey list", thereby classifying it as a jurisdiction under increased monitoring. This decision follows the mutual evaluation report published by the FATF in..

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Cliffe Dekker Hofmeyr

Fraudulent immovable property transfers: Fraud unravels all

The recent judgment handed down by Judge Adams in Botha NO v Leboko-Radebe and Others (16835/2021) [2022] ZAGPJHC 724 (22 September 2022), in the High Court Gauteng Division, Johannesburg, considered whether fraud should ..

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Cliffe Dekker Hofmeyr

Drawing lines in the sand: The promulgation of new Preferential Procurement Regulations and what it means for organs of state and the public

On 4 November 2022, the Minister of Finance promulgated the Preferential Procurement Regulations, 2022 (2022 Regulations) in terms of the Preferential Procurement Policy Framework Act 5 of 2000 (PPPFA).

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Cliffe Dekker Hofmeyr

Challenging the authority of management or merely seeking clarity: When does insubordination occur

Insubordination is the wilful failure or refusal to obey a lawful and reasonable instruction given by a superior. This is different from insolence, which is rudeness, cheekiness or disrespectful behaviour. The Labour Court in Independent Risk Distributors SA (Pty) Ltd v C..

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Cliffe Dekker Hofmeyr

Cracking the whip: The supervisory power of the Office of the Data Protection Commissioner in Kenya

On 5 October 2022, the Office of the Data Protection Commissioner (ODPC) issued a press release stating that it would be conducting a preliminary documentary assessment and audit on 40 digital lenders that have been subject to complaints raised by various members of the p..

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