Shows
CDH ConversationsJustice and Public Interest on the Mic - Pro Bono Matters in the CDH Kenya officeSince 2013, CDH's Pro Bono & Human Rights practice (Pro Bono practice) has been at the heart of our firm's commitment to making a real difference. Over the past decade, our Pro Bono practice has passionately championed the cause of public interest, providing pro bono legal support to clients in need. The decision to establish a dedicated practice was motivated by our belief ingiving back to the communities in which we operate and in the power of the legal profession to spark positive change. Access to justice is a fundamental right, and Cliffe Dekker Hofmeyr (CDH) is co...2025-02-2011 minCDH ConversationsJustice and Public Interest on the Mic – Episode 1Since 2011, Cliffe Dekker Hofmeyr's (CDH) Pro Bono & Human Rights Practice (Pro Bono Practice) has been at the heart of our firm's commitment to making a real difference.Over the past decade, our Pro Bono Practice has passionately championed the cause of public interest, providing pro bono legal support to clients in need. The decision to establish a dedicated practice was motivated by our belief in giving back to the communities in which we operate and in the power of the legal profession to spark positive change. But our contribution to access to justice doesn’t end with our...2024-10-0826 minCDH ConversationsNjeri talks to George Odo and Lilian OyandoEvery 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.2024-04-271h 09CDH ConversationsNjeri Wagacha talks to Anne MurayaEvery 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. 2024-04-0353 minCDH ConversationsUnderstanding Strikes in South Africa: Insights for EmployersAs 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 South
African labour landscape.2024-03-2518 minCDH ConversationsThe impact of AI and the power of streaming platforms in the South African contextDirector 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 in
South 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! 2024-03-2514 minCDH ConversationsCelebrating women's voices on International Women's Day 2024International 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, resp...2024-03-0851 minCDH ConversationsBeyond 16 Days Episode 2: The importance of Human Rights Day and exploring constitutional damages as an effective remedyIn episode two of our Beyond 16 Days Series, Director Brigitta
Mangale 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...2024-03-0823 minCDH ConversationsCOMESA Competition Commission fines CAF and BEIN for engaging in anti-competitive business practicesFrom 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...2024-02-2113 minCDH ConversationsBeyond 16 days podcast series - Working on women's rights, all year roundBrigitta 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...2024-02-2013 minCDH ConversationsAn Analysis of the Affordable Housing Bill, 2023 vis a vis the High Court's Judgment and the ruling of the Court of AppealOn 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.
2024-02-1315 minCDH ConversationsPositive disruptors in African mining: Technology, AI and critical minerals for Africa's industrialisationListen 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 energy
transition 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 th...2024-02-0614 minCDH ConversationsBoardrooms not court roomsBoardrooms 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...2024-01-2907 minCDH ConversationsNjeri Wagacha talks to Catherine IgatheEvery 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.2024-01-1953 minCDH ConversationsNjeri Wagacha talks to Wangechi Gichuki and Linda AneneIn 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 in...2023-11-2142 minCDH ConversationsThe position of the post-commencement creditor in relation to business rescue proceedingsKylene 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...2023-10-1716 minCDH ConversationsNomlayo Mabhena-Mlilo discusses the future of the legal profession and access to justice in South AfricaIn 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, sh...2023-10-1015 minCDH ConversationsTendai Jangara speaks on women empowerment, corporate investigations, and moreTendai 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 Empowerment
podcast 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.
2023-10-0420 minCDH ConversationsExploring the Trusts & Estates PracticeDirector 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.
2023-10-0309 minCDH ConversationsUnpacking Kinetiko's gas development concept which has the potential to achieve a cleaner energy transition solution for SAMegan 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...2023-09-0616 minCDH ConversationsRemote working in South Africa: The tax and employment law implicationsPuleng 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 employees2023-09-0611 minCDH ConversationsNjeri Wagacha talks to Mary WamaeEvery 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 le...2023-09-0646 minCDH ConversationsWOZA and CDH Series | Turning the tideJoin 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...2023-08-1538 minCDH ConversationsDecriminalised approach to conducting disciplinary enquiriesIn 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. 2023-08-1504 minCDH ConversationsThe challenges women in law face todayJoin 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 sha...2023-08-0849 minCDH ConversationsRoxanne Webster & Tiffany Gray - CDH Women Podcast SeriesIn 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...2023-08-0125 minCDH ConversationsCriminal charges laid by employer? An employer can still take disciplinary action!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...2023-07-2412 minCDH ConversationsWomen in Law Series | Belinda Scriba unpacks maritime lawAs 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 2023-07-1816 minCDH ConversationsCognitive liberty and the constitutionality of criminalising psilocybin mushrooms in South AfricaCandidate 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...2023-07-1416 minCDH ConversationsCelebrating 100 years of women in lawJoin 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.
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. 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...2023-07-1141 minCDH ConversationsNjeri Talks Law - The Importance of Energy Regulatory ReformsJoin 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...2023-07-0655 minCDH ConversationsUnlocking the Power of Change: Navigating mergers and acquisitions with a winning formulaMcKinsey & 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.2023-07-0634 minCDH ConversationsDispute resolution within construction and engineering: ArbitrationConstruction & 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.2023-06-1922 minCDH ConversationsA new normal for redundancy notices - The A-Z of redundancies in light of new jurisprudential guidance from the ELRCRedundancy 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 b...2023-06-1921 minCDH ConversationsIntroducing CDH's Corporate and White Collar Investigations Service OfferingCDH'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.2023-06-1411 minCDH ConversationsNjeri Wagacha talks to Maryanne Ochola and Vlad DuginNjeri 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. 2023-06-0835 minCDH ConversationsDispute resolution within construction and engineering: MediationConstruction & 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.2023-06-0814 minCDH ConversationsWarning! Zimbabwean Exemption Permits expire on 30 June 2023In 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 d...2023-06-0509 minCDH ConversationsBalancing the scale of gender in dispute resolution and the legal sector10 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 Empowerment 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. 2023-05-2509 minCDH ConversationsPart 4 - Preparing for the DepartmentProf 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. 2023-05-1913 minCDH ConversationsPart 3 - The EEA Amendments & Draft Regulations: Fines, liabilities and powers of the departmentEmployment 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.
2023-05-1808 minCDH ConversationsPart 2 - The EEA Amendments & Draft Regulations: The impact and why employers must submit representationsImraan 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...2023-05-1709 minCDH ConversationsPart 1 - The Employment Equity ActThis 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.
2023-05-1608 minCDH ConversationsThe concept of lockouts and how employers may respond to a strikeA 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.
2023-05-1519 minCDH ConversationsNjeri Wagacha talks to John NgumiThis 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.2023-05-0949 minCDH ConversationsWomen empowerment through impact litigationThis conversation forms part of the CDH Women in Law podcast series, where several members of our firm will discuss the importance of women's empowerment and highlight CDH's dedication to this cause.
CDH's Pro Bono & Human Rights practice Director, Brigitta Mangale and Senior Associate Elgene Roos, joined CDH Conversations to 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.
They touch on some of the impactful litigation that the practice is involved in, as well as litigation brought by other organisations...2023-04-2516 minCDH ConversationsCan an employee be dismissed for refusing to obey an instruction to work overtime?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. 2023-04-1709 minCDH ConversationsNjeri Wagacha talks to Sienna Dutkowski, Nonnie Burbidge, and Freda RutereIn 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 po...2023-04-1230 minCDH ConversationsAgency, commitment, and impactJoin Boipelo Mathodlana, Senior HR Business Partner - Talent Development, and Gift Xaba, Senior Associate in the Pro Bono & Human Rights practice in conversation with Book iBhoni's Mpumi Mtintso. 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 their annual Tour De Libraries on 15 April 2023, in Soweto, delivering books to various libraries, giving children access...2023-04-0412 minCDH ConversationsDispute resolution within construction and engineering: AdjudicationIn 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. 2023-04-0311 minCDH ConversationsTaxation of financial derivatives in KenyaOn 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. 2023-03-2316 minCDH ConversationsIs Covid-19 a thing of the past?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.2023-03-1004 minCDH ConversationsNjeri Wagacha talks to Iain UsiriNjeri 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.2023-03-1036 minCDH ConversationsGraduate Matters Edition - What Directors expect from their juniorsChairperson, 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.
2023-03-0319 minCDH ConversationsNot so fixed term after all: Severance Pay in relation to Fixed Term Contract employees during a retrenchment processCDH 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 earne...2023-02-2717 minCDH ConversationsNjeri Wagacha talks to Fred WaithakaNjeri 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.2023-02-1046 minCDH ConversationsCDH & EAVCA Podcast Series - Why Africa is the investing destination in 2023This year CDH, Njeri Talks Law and the East Africa Venture Capital Association (EAVCA) have partnered for a podcast series. 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. They discuss 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 2023.2023-02-0838 minCDH ConversationsThandiwe Nhlapho elected to serve on the ILFA National CommitteeThandiwe 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!2023-01-2412 minCDH ConversationsNjeri Wagacha talks to Pat MbuguaIn 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.2023-01-1352 minCDH ConversationsThandiwe successfully completes the ILFA secondment programmeCongratulations 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.2022-12-2008 minCDH ConversationsNjeri Wagacha provides a summary of the 2022 Njeri Talks podcastsEvery month CDH Kenya Partner Njeri Wagacha publishes a podcast 'Njeri Talks Law'. In this final podcast for 2022, Njeri extends her gratitude to her listeners for accompanying her on your journey and provides a summary of her 2022 podcasts.
Njeri recaps her conversations with:
Alex Muchilwa, Head of Legal at Opibus, discussing the development and launch of Kenya's electric vehicles;
Nicola Muriuki, Senior Legal Counsel at Tala, and Kevin Mutiso, Chairman of Board Digital Lenders Association of Kenya, delving into the regulation of digital lending in Kenya;
Lady Justice Effie Owuor unpacking her inspiring legal career;
Stephane Duproz from Ca...2022-12-1258 minCDH ConversationsMortgage bonds 101 for first time buyersIn this episode of CDH Conversations, Associate Sune Kruger, and Professional Support Lawyer Kirsty de Sousa in our Real Estate Law practice, talk about mortgage bonds. They unpack the purpose of bonds and the procedure that one needs to go through to register a mortgage bond.2022-12-1213 minCDH ConversationsGraduate Matters Edition | Funding your studies to expand your opportunitiesIn this Graduate Matters Edition, Boipelo Mathodlana, Malebo Maholo, Priscilla Brandt, Liso Zenani, and Luyolo Mfithi discuss funding studies to expand opportunities.2022-12-1211 minCDH ConversationsCDH Conversations Podcast - Tiffany JegelsTiffany 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 today2022-11-2509 minCDH ConversationsNjeri Wagacha talks to Ed BurbidgeCDH 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.2022-11-2141 minCDH ConversationsRenewed efforts by the taxman to collect rental income taxOn 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...2022-11-1711 minCDH ConversationsSecondment and Outsourcing - alternatives to traditional employmentIt 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.2022-11-1417 minCDH ConversationsAn effort to fast-track transformation – The proposed Amendments to the Employment Equity Act and their implications on industryIn 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.2022-11-0718 minCDH ConversationsKenya | Remote working - The new normalWith 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.2022-10-3117 minCDH ConversationsGraduate Matters Podcast Edition - How you can distinguish your CV during your studiesIn 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.africa2022-10-1808 minCDH ConversationsCDH Kenya | Sexual harassment in the workplace is a sensitive and complex subjectEmployers 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.2022-10-1715 minCDH ConversationsNjeri Wagacha talks to Tim FletcherEvery 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.2022-10-1138 minCDH ConversationsNjeri Wagacha talks to Reena ShahEvery 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.2022-09-1231 minCDH ConversationsPerformance management and performance improvement plans in the employment contextManaging 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.2022-09-1215 minCDH ConversationsCDH Women's Month Podcast | Megan Rodgers"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.2022-08-3110 minCDH ConversationsCDH Podcast Women's Month Series - Elgene RoosElgene 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.2022-08-3010 minCDH ConversationsGraduate Matters Edition - Why am I not getting interviews: CV and Application tacticsDoes 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 sec...2022-08-2408 minCDH ConversationsRoxanne WebsterRoxanne 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.2022-08-2310 minCDH ConversationsDoes the Labour Court have the jurisdiction to dismiss a review application that is deemed withdrawn?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...2022-08-2213 minCDH ConversationsNjeri talks to CDH Partner, Shem Otanga on the Data Protection Registration Regulations in KenyaEvery 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.2022-08-1038 minCDH ConversationsBe warned of the zero-tolerance stance of the employment of illegal foreign nationalsCDH'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 e...2022-07-2005 minCDH ConversationsUnion Representation: It's my union and I'll cry if I want toUnions 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.2022-07-1809 minCDH ConversationsNjeri Wagacha speaks to Chris MureithiEvery 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. 2022-07-1858 min
CDH ConversationsFixed-term contracts. What they don't tell youA 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...2022-07-0409 minCDH ConversationsThe long term leaseKirsty 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.2022-06-1315 minCDH ConversationsNjeri talks to private equity and venture capital experts Sapna Shah, Paul Ohaga, and Asif NooraniEvery 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.2022-06-1346 minCDH ConversationsFirefighter injured on duty – A closer look into inherent job requirements and reasonable accommodationRecently, 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 Phase2022-06-0613 minCDH ConversationsNjeri talks to Stephane DuprozEvery 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.2022-05-0940 minCDH ConversationsKenya | Understanding the legal weight of appointment lettersUnderstanding 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.2022-05-0308 minCDH ConversationsNjeri Wagacha talks to Lady Justice Effie OwuorEvery 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.2022-04-0738 minCDH ConversationsServitudes explainedAn 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. 2022-04-0515 minCDH ConversationsSouth Africa's anticipated policy and legislative reform on the employment of foreign nationalsOn 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 t...2022-04-0511 minCDH ConversationsA second employer? Understanding the secondment relationshipSecondment 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.2022-03-2808 minCDH ConversationsNjeri talks to Nicola Muriuki and Kevin MutisoEvery 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.2022-03-0836 minCDH ConversationsDismissals in the time of a PandemicFor 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.2022-03-0706 minCDH ConversationsCOVID-19 Vaccines: How would liability apply in the absence of the COVID-19 No-Fault Compensation SchemeTo 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.2022-02-2109 minCDH ConversationsCompliance Certificates – Where, What, When & WhyCDH 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.2022-02-1513 minCDH ConversationsVaccination policies | Counselling vaccine hesitant employees?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.2022-02-1010 min
CDH ConversationsDealing with vaccination objectionAs 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. 2022-02-0916 min
CDH ConversationsNjeri Talks to OpibusEvery 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.2022-02-0123 min