CDH Conversations

Immigration compliance for employers in SouthAfrica involves understanding the legal framework regulating the employment of foreign nationals, including the duties imposed on employers by the ImmigrationAct 13 of 2002 and the Regulations to the Immigration Act.

This four-part podcast series will act as a guideline to immigration compliance for employers.

In this introductory episode, Lee Masuku and Taryn York in the Employment Law practice and Immigration Law service offering, unpack key aspects of the Immigration Act, including an employer's obligations on the employment of foreign nationals and the duties imposed on foreignnationals.

In this episode of CDH Conversations, Anli Bezuidenhout and Leila Moosa in the Employment Law practice discuss the right to disconnect in employment law, highlighting international trends and the current South African landscape. 

They examine the impact of technology on work-life balance, the absence of specific local legislation, and offer practical guidance for employers seeking to support employee well-being and develop clear workplace policies. 

Click here to listen to the podcast.

Robots in the boardroom? AI at the arbitration table? Welcome to the future of dispute resolution. In this episodeof the CDH Conversations Podcast, Kiara Ghirao-Govender and Sthembiso Chauke in our Dispute Resolution practice, explore “The Rise of AI in Arbitration.”

From time-saving tools to terrifying tech myths, they unpack what AI means for lawyers, clients and access to justice in Africa. It's perfect for legal minds curious (or cautious) about the digital shake-up happening right now. The future is here.

The Labour Relations Act 66 of 1995 (LRA), read with the Code of Good Practice: Dismissals (Code) recognizes three grounds of dismissal, namely (i) misconduct, (ii) incapacity (in the form of ill-health or poor performance) and (iii) dismissals based on an employer's operational requirements.

The distinction between misconduct and incapacity becomes blurred when an employee alleges that their misconduct or poor performance is as a result of something that they have no control over, for example, alcoholism or a mentalhealth condition such as anxiety or depression.

The Labour Court in Abels v Stellenbosch University and Others confirmed that an employer can dismiss an employee for poor performance provided that an employer has followed a fair process. The judgment further confirmed that a mental health condition such as depression can be considered as a factor for an employee's poor performance, however, it does not shield an employee from being dismissed for poor performance, especially when an employer has followed a fair process and has reasonably accommodated an employee. 

Employees who allege that their dismissal (for misconduct or incapacity) is based on their mental health condition bears the onus of establishing a causal link between the dismissaland their mental health condition.

In this episode of CDH Conversations, Employment Law Director, Yvonne Mkefa and Associate, Thato Maruapula explore whether a mental health diagnosis can protect an employee from dismissal for poor performance, even when the employer has offered reasonable accommodation.

In this episode of CDH Conversations, Tim Fletcher, Luke Kleinsmidt and Elham Shaik in the Dispute Resolution practice, discussed potential strategies when instituting defamation claims in South Africa, and potential defences to such claims.
Luke highlighted that asking for an apology or retraction might save time and costs. If this fails, one can rely on interdictory relief, a claim for damages or both. Elham highlighted various defences available to the defaming party and the requirements which he/she needs to fulfil to be successful with each defence. Tim concluded by highlighting that if someone is trying to provoke you, it is often best to keep quiet and ignore the person.
However, deciding on the best approach will require a complete analysis of the facts. One should not react without thinking about the situation thoroughly.

In this episode of our Justice and Public Interest on the Micpodcast series, Paige Winfield is joined by Alysa Bunting, to discuss CDH’s involvement in ongoing inquests into apartheid-era crimes, including the Cradock Four and Highgate Hotel Massacre.

The conversation explores the historical significance of these matters, the legal process of reopening inquests decades later, and the ongoing pursuit of justice. In support of the Foundation for Human Rights' programme, the Unfinished Business of the Truth and Reconciliation Commission (TRC), CDH represents families and victims still seeking accountability nearly 30 years after the TRC. Tune in to hear how justice, even when delayed, can still be pursued with purpose.

Additionally, you may click here to access the Foundation for Human Rights' website for the constitutional case referenced in the podcast. Link - Constitutional Damages Case – TheTruth and Reconciliation Commission  

When a company goes into business rescue, every creditor ofthat company, understandably, becomes concerned. Landlords are no exception, as business rescue limits and curtails certain creditors' rights. The amendments brought about by section 135 (1A) of the Companies Act 71 of 2008 have at least brought a little sigh of relief to landlords. The amendment provides for the costs in respect of and not exceeding the aggregate for all public utility services such as the company in business rescue's share of rates and taxes,electricity, water and sanitation paid by the landlord on behalf of the lessee to constitute post commencement finance. The position before the amendments was that these costs formed part of the landlord's unsecured claim.  

In this podcast Lucinde Rhoodie and Muwanwa Ramanyimi, in the Dispute Resolution practice unpack the amendments as well as the landlord's rights to cancel lease agreements and to bring eviction proceedings against the company in business rescue.

Every month, CDH Kenya Partner Njeri Wagacha publishes a podcast, where she explores insightful conversations with industry leaders.

In a refreshing twist on NjeriTalks Law, this month’s episode sees the host become the guest. For the first, and perhaps only time, Njeri is interviewed by her two closest friends, Stephanie Omenai and Aleya Kassam.

Njeri opens up about her early years, what drew her to law, her formative experiences as a young professional, and what fuels her enduring passion for her work.

An engaging and thoughtful conversation offering valuable insight into the journey and professional ethos.

In this episode of CDH Conversations, Jean Ewang and Lee Masuku from CDH’s Employment Law Department delve into the pressing issue of youth unemployment in South Africa.With the latest statistics revealing a staggering 46.1% unemployment rate among young people aged 15 to 34, the discussion explores the barriers to entry faced by the youth. This includes lack of experience, limited education, and discouragement in the job market. The conversation also highlights the impact of government initiatives such as the Youth Employment Services ) programme, and the potential of new policies like the National Labour Migration Policy to address these challenges.
Tune in for a thought-provoking reflection on the current state of youth employment and the collective efforts needed to create meaningful opportunities for South Africa’s next generation.

Join us for an episode of the H₂ Dialogue: Fuelling the Future podcast series where Jackwell Feris, Director and Sector head: Industrials, Manufacturing & Trade will be in conversation with experts on the cutting-edge hydrogen economy in South Africa.

In this inaugural episode, Jackwell features Chris Heinermann, Chief Commercial Officer and co-founder of Green eFuels Producers (GeFP),

Chris shares insights into GFP’s innovative circular economy project, Green Hydrogen Methanol Corridor set in Gauteng. This catalyst project leverages wastewater treatmentby-products to produce e-methanol and green hydrogen derivatives, with wide-reaching economic and environmental benefits for the province and thecountry. 

Join Jackwell and Chris as they unpack the policy frameworks, financing challenges, and the scalable, inclusive approach that could redefine reindustrialization in Africa.