Cliffe Dekker Hofmeyr

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Practical M&A: Locked box mechanism explained

February 7 2018 The locked box mechanism entails that the purchase price payable on the transaction’s closing date (Closing), is agreed and fixed at the date of…

Beware of excluding liability for consequential damages in confidentiality agreements

November 7 2016 Confidentiality or non-disclosure agreements (NDAs) may limit or exclude the parties’ liability for damages in certain circumstances. Clauses such as…

Removal of a director by shareholders - to give reasons or not to give reasons?

January 18 2018 The Companies Act, No 71 of 2008 (Companies Act) regulates the removal of directors. In terms of the Companies Act, a director may be removed either…

Capitalisation of shareholder loans

July 4 2014 The applicant was a locally incorporated company, and tax resident in South Africa. The applicant’s majority shareholder was a foreign company. The…

Redundancy in Zambian labour law

July 7 2014 The Employment Act (Chapter 268 of the Laws of Zambia) is the principal piece of legislation governing employee rights in Zambia. A distinction is…

At a glance: termination of employment in Kenya

April 30 2021 A look at the key legal provisions governing the termination of employment in Kenya, including grounds for dismissal, notice requirements and severance pay, among other things.

At a glance: hiring employees in Kenya

April 30 2021 A look at the key legal provisions governing the hiring of employees in Kenya, including background checks, anti-discrimination laws, probationary periods and employee classification, among other things.

One right two many - A tale of two rights: The double granting of mineral rights decided upon

August 21 2019 Mining in South Africa is no mean feat and oftentimes requires a feat of engineering. However, before there can be boots and excavators on (or under)…

Recognition of Customary Marriages Amendment Bill: Matrimonial property regimes applicable to customary, polygynous marriages

August 19 2019 On 24 July 2019, Cabinet approved submission of the Draft Recognition of Customary Marriages Amendment Bill of 2019 (Draft Bill) to Parliament. The…

Elimination of violence and sexual harassment in the workplace

August 19 2019 Tamsanqa Mila, Associate in the Employment practice features on SA FM. He discusses the elimination of violence and sexual harassment in the…