CDH Conversations
CDH Conversations is a podcast channel from Cliffe Dekker Hofmeys, a South African law firm, focused on recent legal and business developments. Through interviews and conversations, its experts explore legal topics that affect businesses across East and Southern Africa. The show serves as a way for clients and audiences to access the firm's thought leadership on key industry sectors.
Episodes
Sick leave in South Africa, the law, the numbers, and the cost of getting it wrong
What do you really know about sick leave in South Africa, and what is it costing the economy?In this CDH Conversations podcast, JJ van der Walt and Chantell De Gouveia in the Employment Law practice unpack the sick leave framework under the Basic Conditions of Employment Act, examine what the statistics show about how sick leave is used, consider the economic cost of absenteeism and presenteeism,
Industrial Development Corporation v Modika : Can a protected disclosure stop a disciplinary hearing?
When an employee claims to be a whistleblower, can an employer continue with disciplinary proceedings?In the latest episode of CDH Conversations, Thabang Rapuleng and Thato Makoaba in the Employment Law practice explore the Labour Appeal Court’s judgment in Industrial Development Corporation of South Africa v Modika, which provides important guidance on protected disclosures, disciplinary proceedi
Njeri Wagacha talks Liz Fanning, Founder and CEO at CorpsAfrica
In this episode of Njeri Talks, Njeri sits down with Njeri Wagacha talks Liz Fanning, Founder and CEO at CorpsAfrica, to explore her journey from serving as a Peace Corps volunteer to building an organisation focused on young people and high-poverty rural communities across Africa.Liz reflects on an experience with a young Moroccan woman that stayed with her for 20 years and influenced the way she
Njeri Wagacha talks to Njeri Migwi
In this episode of Njeri Talks, Njeri Migwi, Founder of Usikimye, reflects on six years on the front lines, not only supporting survivors but also witnessing how institutions, policies, and social norms can either protect people or leave them without options.Gender-based violence is a crisis. But it's also a systems problem.This isn't just a conversation about violence. It's about what
Untangling Tax Podcast Series | Finance Act 2026: What it means for investors, businesses and Kenya’s tax future
In this episode of the Untangling Tax series, Alex Kanyi, Partner in the Tax & Exchange Control practice, is joined by Josephine Mugure from the Policy & Tax Advisory Department at the Kenya Revenue Authority and Christine Maina, Chief Executive Officer – East Africa Venture Capital Association, to discuss the reforms and what they mean beyond the text of the law.The discussion looks at K
From articles to academia: Dr Thandiwe Matthews' CDH journey
CDH Conversations Podcast launches the first episode of the #helloCDHalumni series.In this episode, Aadil Patel, Director and Practice Head in the Employment Law practice, reconnects with former Cliffe Dekker Candidate Attorney and Associate, Dr Thandiwe Matthews, now a Lecturer at the Wits School of Governance.Aadil fondly recalls the feisty discussions he shared with Thandiwe during her time at
Njeri talks to Teresa Njoroge, Founder & CEO of Clean Start Africa - Part 2
In Part 2 of this conversation, Teresa Njoroge shares how what seemed like the end of her story became the beginning of a greater purpose. After leaving prison, she refused to let her experience define her. Instead, she founded Clean Start Africa, creating a path of hope, dignity, and restoration for women seeking a second chance at life.Teresa reflects on how adversity became impact, the lessons
Njeri talks to Teresa Njoroge, Founder & CEO of Clean Start Africa - Part 1
This month, Njeri talks to Teresa Njoroge, Founder & CEO of Clean Start Africa. Teresa spent 10 years building a banking career she had dreamed of since she was nine years old. Then a 9.9-million-shilling fraudulent transaction, one she didn't commit, walked through her branch. Everything checked out. The ID. The signature. The client. Everything. Except the CCTV. Which was conveniently bl
Warmware, digital hubs and the Cyber Power Girls: Inside the MiDO Foundation
What happens when creativity meets community meets technology?In this episode of the CDH Women Empowerment series, CDH Director Tayyibah Suliman talks to Michelle Swartland, Operations Manager at the MiDO Foundation about building digital hubs in under-resourced Stellenbosch schools, equipping young people with skills from email basics to cybersecurity awareness, and launching the CyberPower Girls
World Refugee Day: A discussion on refugee protection and changed circumstances in asylum applications
World Refugee Day, observed each year on 20 June, is an opportunity to reflect on the experiences of refugees and asylum seekers, the protections available to those fleeingpersecution and conflict, and the ongoing challenges within refugee protection systems.In this episode, Elgene Lutshiti, in CDH’s Pro Bono & Human Rights practice, is joined by Monique Schoeman, Senior Attorney at the UCT Re
GBV as a national state of disaster: A discussion with Women for Change
As of 20 November 2025, GBV has been classifiedas a national state of disaster. The question remains "What now?" In conversation with Sabrina Walter and MerlizeJogiat of Women for Change, and Brigitta Mangale in CDH's Pro Bono and Human Rights practice, we delve into this question. The dialogue aims to amplify the voices of women, share insight and inspire meaningful action. These ar
Updated merger thresholds, public interest and the cost of doing business in South Africa
In the latest episode of Clause & Effect, CDH’s podcast exploring the intersection of law and business, Phetha Mchunu is joined by Reece May, Director in CDH’s Competition Law practice, for an insightful discussion on the updated merger control thresholds and what they mean for businesses navigating transactions in South Africa. Merger control thresholds are often viewed as technical regulator
Restrained from restraining: When employers lose the right to hold you back
Can an employer enforce a restraint of trade after telling an employee they won't?In SD Recruitment (Pty) Ltd v Werner Pretorius and Another, the Labour Court examined whether restraint, confidentiality, and non-solicitation undertakings could be enforced against a former employee who joined a competitor. The court considered issues of urgency, protectable interests, the role of verbal agreeme
The Reparations in German Colonial Namibia Series | Genocide Remembrance Day
Episode 2 of our CDH Conversations podcast series, The Reparations in German Colonial Namibia, is now available. Timed to coincide with Genocide Remembrance Day on May 28, this episode examines the controversy surrounding the date itself and explores why the affected communities have rejected it.In Episode 2, Patrick Kauta, lead counsel in the matter, is joined by Esther Shigwedha to explore the s
The do's and dont's of debt recovery: What to do when your business is owed money
In the latest episode of CDH Conversations, Director Tim Smit and Senior Associate Loyiso Bavuma from our Dispute Resolution practice unpack the practical realities of debt recovery in today’s challenging economic climate.From the importance of having clear, written contracts to maintaining disciplined credit control processes, they share actionable insights on how businesses can protect their cas
Workers’ Day reflections: Are workplaces truly fair for women?
As we recently marked International Workers’ Day, Labour Day, and Workers’ Day on 1 May across our offices, CDH Conversations brings you a timely and thought-provoking episode from our Women’s Empowerment Series.In this conversation, hosted by Phetha Mchunu, Njeri Wagacha, Yvonne Mkefa, Leila Moosa, and Rihupisee Kavari unpack what fair work for women truly looks like today beyond policies and int
Compulsory medical aid membership – is the contract really the end of the matter?
Can employers require compulsory medical aid membership?In this CDH Conversations podcast, Sashin Naidoo and JJ van der Walt in our Employment Law practice, explore the legal framework governing such clauses. Whilst lawful on their face, these provisions are not immune from constitutional scrutiny. The discussion examines discrimination risks under the Employment Equity Act, particularly where exe
From Freedom Day to Workers’ Day: A conversation on dignity and justice
As South Africa reflects between Freedom Day and Workers’ Day, it's important that we consider: what does freedom truly mean without economic security?In the latest episode of CDH Conversations, Brigitta Mangale, Director in our Pro Bono & Human Rights practice, is joined by Rachel Bukasa, Executive Director of Black Sash, for a thought-provoking discussion on social protection, social gra
Socio-economic rights, the constitutional promise, and state accountability
In the latest episode of CDH Conversations, Pro Bono & Human Rights Senior Associate, Gift Nkosinathi Xaba is in conversation with Senior Attorney & Head of the Education Rights Programme at Section27, Zeenat Sujee about the growing crisis in the delivery of essential services in South Africa.The discussion explores the constitutional promise of socio-economic rights, including access to h
Njeri Wagacha talks to Charles Kanjama, President-elect of the Law Society of Kenya
What does it really take to reform Kenya’s legal system, and are we asking the right questions?In this episode of Njeri Talks, we sit down with the President-elect of the Law Society of Kenya, Charles Kanjama, for a wide-ranging conversation on the future of the legal profession in Kenya, leadership, and the state of the rule of law.From his journey into law to building a firm over 20+ years, Char
Advancing Women’s Rights and Human Dignity Across Africa
In recognition of International Women’s Day and Human Rights Day, CDH’s Pro Bono & Human Rights practice presents a compelling CDH Conversations videocast exploring the real-world impact of human rights work across the African continent. In this episode, Brigitta Mangale, Director in the Pro Bono& Human Rights practice, is joined by Diana Akokpari, Deputy CEO of Justice Desk Africa, and C
International Women’s Day 2026 | Give to Gain – Women in law, leadership and the future
International Women’s Day (IWD) is celebrated on 8 March each year.International Women’s Day (IWD) is celebrated on 8 March each year. In this special IWD episode of CDH Conversations, host Elgene Roos in the Pro Bono & Human Rights practice, is joined by Annemari Krugel (Dispute Resolution, Johannesburg), Frieda Kishi (Employment Law and Trusts & Estates, Namibia), and Lauriene Maingi (En
Disability Verification: The interplay between the EEA and BBBEE?
In this episode of CDH Conversations, Yvonne Mkefa and Lehan Goosen in the Employment Law practice,explore the legal framework surrounding the verification of persons with disabilities in the workplace, focusing on obligations under the Employment Equity Act (EEA), the Employment Equity Regulations of 2019, the Code of GoodPractice on the Employment of People with Disabilities of 2016 and Broad-Ba
The real-world impact of the systemic deficiencies in our public education
As we commemorate Human Rights Month, we reflect on the current state of public basic education in South Africa and the capacity of schools to provide quality basic education asguaranteed by section 29 of the Constitution. In this podcast, Gift Nkosinathi Xaba, from the Pro Bono & Human Rights practice, and Prof Tshepo Madlingozi, who is Commissioner for Education at the South African Human R
Njeri talks to Julians Amboko
Every month, CDH Kenya Partner, Njeri Wagacha, publishes a podcast. This month, Njeri talks to Julians Amboko from StratLink AfricaThere are often headlines about revolutionary market deals and shifting economic policies. Many know Julians for his sharp economic analysis, but few know the "why" behind his start in the industry.In this episode, Njeri dives into Julians career trajectory a
Nuclear Neighbours: Lessons from South Africa and Namibia’s Paths to Nuclear Energy
In this episode of the CDH Conversations podcast, CDH Namibia Associates, Shereef Martin and Nhika Vassallo in the Corporate & Commercial practice, explores the evolving nuclear landscape in Southern Africa and what it means for the region’s energy future.In this episode of the CDH Conversations podcast, CDH Namibia Associates, Shereef Martin and Nhika Vassallo in the Corporate & Commercia
Namibia Budget 2026: Key fiscal and tax developments
In the latest episode of the CDH Conversations, our host, Namibia Managing Partner, Patrick Kauta, is joined by Salomo Hei, Managing Director at High Economic Intelligence, and CDH Namibia Director, Mercy Kuzeeko, to unpack Namibia’s recently tabled national budget.The discussion explores the fiscal principles shaping the budget productivity, people, and prudence, and what they mean for economic g
Is your link with your employer a permanent one? Addressing the question of off-duty misconduct
The judgment in IMATU obo Sauls v City of Cape Town and others (C485/2024) [2026] ZALCCT 10 (22 January 2026) outlined that off-duty misconduct does not automatically justify disciplinary action.Employers must establish a clear nexus between the employee’s conduct and the employer’s operations, reputation, or working relationship.In addition, the employer must demonstrate a legitimate and protecta
Certificates of Compliance and Harassment Awards
In this episode of the CDH Conversations podcasts, Anli Bezuidenhout and Leila Moosa in the Employment Law practice unpack the growing importance of Certificates of Compliance under the Employment Equity Act, 55 of 1998 (EEA).They explain what a Compliance Certificate is, why it has become a critical requirement for doing business with the State, and how recent changes to section 53 of the EEA hav
Clause & Effect Podcast Series | Think you know mergers and acquisitions?
In the second episode of the Clause & Effect Podcast Series, Phetha Mchunu and Roxanne Bain unpack some of the biggest myths in mergers and acquisitions (M&A).In the second episode of the Clause & Effect Podcast Series, Phetha Mchunu and Roxanne Bain, in the Corporate & Commercial practice, unpack some of the biggest myths that quietly shape how deals unfold, from “price is all tha
Immigration Law Series | Frequently asked questions by employers about immigration compliance in South Africa
In episode four, Taryn and Lee unpack frequently asked questions by employers about immigration compliance in South AfricaIn the fourth and final episode of our Immigration Law podcast series, Taryn York and Lee Masuku, in our Employment Law practice and Immigration Law service offering, unpack frequently asked questions by employers about immigration compliance in South Africa including:employer
Beyond 16 Days Podcast Series | Pride in Practice Part 2 – Unpacking LGBTQIA+ Inclusion in the 16 Days of Activism Campaign
This episode highlights the vital role of LGBTQIA+ inclusion in South Africa’s fight against gender-based violence and femicide.Building on the legal foundations discussed in Episode 1, Brigitta Mangale, Elgene Roos, Sibonokuhle Baart in our Pro Bono & Human Rights practice, explore the protection of gender and sexuality rights and unpack the significance of the Prevention and Combating of Hat
Understanding and managing differences in generations, culture, and gender in the workplace
Following a dynamic and engaging panel discussion on the topic - and valuable feedback received at the recent Employment Law Conference - our team has taken a closer look at generational issues in the workplace.In the latest episode of CDH Conversations, Employment Law experts Phetheni Nkuna, Jean Ewang, and Thato Maruapula unpack the complexities of diversity in South Africa’s workplaces, from g
The reparations in German Colonial Namibia Podcast Series - Episode 1
In Episode 1, CDH Namibia Managing Partner, Patrick Kauta, lead counsel in the matter, is joined by Senior Associate, Esther Shigwedha, to set the historical and legal context of the case. The discussion unpacksNamibia’s early colonial history and Germany’s influence from the 1880s.The 1904–1908 genocides, including the extermination orders issued against the OvaHerero people.The social and econom
Njeri talks to Thibault Flichy, President of the French Chamber Kenya and MD at TotalEnergies Kenya
On this month's podcast, Njeri had a powerful fireside chat with Thibault Flichy, Managing Director of TotalEnergies Kenya and President of the French Chamber of Commerce in Kenya. The conversation explored Thibault’s leadership journey, his vision for the Chamber, and the future of sustainable, innovative business partnerships between Kenya and France.
Talk is cheap: The legal reality of verbal agreements in South Africa
Ever sealed a deal on a call or over coffee and wondered if it would stand up if things went south? In this episode of CDH Conversations, Roxanne Bain in the Corporate & Commercial practice, and Belinda Scriba, in the Dispute Resolution practice, unpack when a verbal agreement is legally enforceable in South Africa, where the real risks lie, and the simple steps you can take to protect yoursel
Navigating legacy and leadership through the lens of a Xennial and a Zennial
As women in law, the career journey is shaped not only by matters argued or contracts drafted, but rather by the moments that put you to the test, the mentors that lift you up, and the values that keep you grounded.In this candid Q&A, CDH’s Nastascha Harduth - Director in the Dispute Resolution practice and Head of the Corporate Debt, Turnaround & Restructuring sector - zooms in on the nex
Women in Competition Law
In this episode of our CDH Women Empowerment Series, Safee-Naaz Siddiqi, Senior Associate in the Knowledge Management practice speaks with Nelisiwe Khumalo, Senior Associate in the Competition Law practice.Fresh from obtaining competition approval for the multibillion-rand telecommunications mega-merger between Vodacom and Maziv, Nelisiwe shares her journey from a humble town in Mpumalanga to beco
Compensation events under the NEC3 Engineering and Construction Contract
Those who have worked with the NEC3 Engineering and Construction Contract know that compensation events are at the very heart of how change is managed and those who have heard of the standard form may have heard of the word "compensation event".Those who have worked with the NEC3 Engineering and Construction Contract know that compensation events are at the very heart of how change is ma
BEE and Public Interest in Merger Control
CDH is pleased to announce the launch of its new podcast series, Clause & Effect, which provides listeners with an informed and engaging view into the intersection of business and law.Cliffe Dekker Hofmeyr (CDH) is pleased to announce the launch of its new podcast series, Clause & Effect, which provides listeners with an informed and engaging view into the intersection of business and law.
Njeri Wagacha and co-host Ed Burbidge of ICON, talk to Biju Mohandas of LeapFrog Investments
On this month's episode, Njeri had the pleasure of co-hosting with Ed Burbidge, Head of Emerging Markets at ICON, as they sat down with Biju Mohandas, Partner and Head of Healthcare at LeapFrog Investments. The participants unpacked LeapFrog’s strategic exit from GoodLife Pharmacies, a conversation packed with insights on private equity, healthcare innovation, and health tech trends shaping
Immigration Law Series | The types of permanent residence visas available in South Africa
In the third episode of our Immigration Law Podcast Series, Lee Masuku and Taryn York, in the Employment Law practice and Immigration Law service offering, discuss South Africa's various permanent residence permits categories, highlighting the legal requirements and the relevant distinctions between temporary and permanent residence statuses for some categories.
Statelessness and the right to belong: Exploring its human impact
Statelessness is an invisible crisis that affects millions around the world.In this episode of CDH Conversations, Elgene Roos, Senior Associate in CDH's Pro Bono & Human Rights practice, sits down with Palesa Maloisane, an attorney at Lawyers for Human Rights, to unpack what it means to live without citizenship and the real-world consequences of being undocumented.Together, they explore ho
The importance of Pride in Practice and exploring the legal landscape of LGBTQIA+ rights in SA
In episode 3 of our Beyond 16 Days Podcast Series, Director Brigitta Mangale, Senior Associate Elgene Roos, and Candidate Attorney Sibonokuhle Baart in the Pro Bono & Human Rights practice discuss the legal landscape of LGBTQIA+ rights in South Africa and the role of stakeholders in bridging the gap between the law on paper and lived experiences.
Zombie Companies - How to spot, survive, and save the undead in business
New Halloween-themed CDH Conversations Podcast Episode! New Halloween-themed CDH Conversations Podcast Episode! Ever feel like some companies are just lurking in the shadows with businesses that aren’t dead, but not quite alive either? Join Nastascha Harduth in the Corporate Debt, Turnaround & Restructuring sector and David Pinnock in the Corporate & Commercial practice to talk about the r
Substance abuse as an incapacity issue
In this episode of CDH Conversations, Senior Associates Taryn York, Lee Masuku and Associate Sashin Naidoo in the Employment Law practice, discussed substance abuse as an incapacity issue in the workplace, emphasising the importance of distinguishing between misconduct and incapacity due to addiction.This distinction was illustrated by the Labour Court's decision in PSA obo Van Wyk v Departmen
Penalties applicable to the failure to implement sectoral targets
In this episode CDH Conversations, Director, Fiona Leppan and Senior Associate, Kgodisho Phashe in the Employment Law practice, unpack the Labour Court’s recent judgment in Mathebe v Cullinan Diamond Mine (Pty) Ltd [2025] ZALCHJHB 330.In this episode of CDH Conversations, Director, Fiona Leppan and Senior Associate Kgodisho Phashe in the Employment Law practice unpack the Labour Court’s recent jud
Immigration Law Series | The types of temporary residence visas available in South Africa
In this episode of our Immigration Law Podcast Series, Lee Masuku and Taryn York unpack the different temporary residence visas that allow foreign nationals to work in South Africa, including key updates on recent regulatory changes.In the second episode of our Immigration Law Podcast Series, Senior Associates Lee Masuku and Taryn York in the Employment Law practice and Immigration Law service off
Immigration Law Series | An introduction to immigration compliance for employers
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 an
Can hydrogen truly decarbonize heavy industries without the CO₂ baggage?
Can hydrogen truly decarbonize heavy industries without the CO₂ baggage?In Episode 2 of the H₂ Dialogue: Fuelling the Future Podcast Series, Jackwell Feris, Director and the Sector Head: Industrials, Manufacturing & Trade, sits down with Dr Johan Brand, CEO and Technical Director of BurnStar Technologies, to unpack their breakthrough molten‑metal reforming process branded “Guilt‑Free Hydrogen™
National Wills Week: Take control of your estate
National Wills Week takes place on 15 – 19 September 2025. Many people underestimate the importance of a properly drafted will until it’s too late. Without one, your estate will be distributed according to the Intestate Succession Act, which may not reflect your wishes and could create unnecessary complications for your loved ones.Gretchen Barkhuizen-Barbosa, Practice Head and Director, and Emily
The art of mentorship through women’s lenses
Join us for another episode of the CDH Women Empowerment Podcast Series.As we continue to recognise and celebrate women throughout the year, and not only during Women’s Month, this conversation explores the transformative power of mentorship and its role in shaping culture, driving inclusion, and empowering the next generation of leaders.Hosted by Katekani Mashamba, this episode features an inspir
Namibia: Africa's #1 Investment Destination, #2 in the World
Namibia has just been crowned Africa's number one and the world's number two destination for greenfield foreign directinvestment. In this essential episode, we unpack the policies, strategies, and on-the-ground realities driving this unprecedented economic momentum. Join Jackwell Feris, Director and the Sector Head: Industrials, Manufacturing & Trade, as he hosts Margareth Gustavo, Ex
Men as allies in the fight for women’s empowerment
As we commemorate Women’s Month, we reflect not only on the historic march of 1956 but also on the ongoing journey toward equality in our workplaces and communities.In our latest podcast, we explore how men can play an effective role in the fight for women's empowerment, Nadeem Mahomed, in the Employment Law practice is joined by Chris Charter in our Competition Law practice, and Gift Xaba fro
This is not your typical law story, which is precisely why you should tune in
In the latest episode of our CDH Women Empowerment series we are joined by Lebohang Mabidikane in the Competition Law practice and Kuda Chimedza in the Banking, Finance & Projects practice.In a raw and inspiring conversation, Lebohang shares a story that breaks the mould of the traditional legal journey. From becoming a mother straight after matric, working at a bank, and returning to universi
Technology, collaboration and disrupting gender norms
In this powerful episode of the CDH Women’s Empowerment Series, Brigitta Mangale, Director in the Pro Bono & Human Rights practice, speaks with Leanora Tima, Managing Director of Gender Rights in Tech (GRIT), about how technology is being used to support survivors of gender-based violence and drive meaningful change.From WhatsApp support lines and AI chatbots to community co-creation, Leanora
Director removals under the Companies Act 71 of 2008
In this CDH Conversations episode, Belinda Scriba, Claudia Grobler, Professional Support Lawyer Roxanne Bain, and Candidate Attorney, Azola Ndongeni unpack the legal and procedural rules for removing company directors a process that can quickly become contentious if not handled correctly.They explore the two legal routes available under the Companies Act: removal by shareholders in terms of Sectio
Lessons from an entrepreneurial journey: Reinvention, resilience and the power of community
In our latest CDH Women's Empowerment podcast series, Tayyibah Suliman, Director and Sector Head, sits down with Hanli Brink, Operations Director of the Stellenbosch Network, to talk about her inspiring journey from entrepreneur to community connector.Hanli shares how she built a successful children’s entertainment business from the ground up, navigated rapid technological change, balanced ent
Female leadership driving legal innovation
In this episode of our latest CDH Women's Empowerment podcast series, Female Leadership in LawLabz, Retha Beerman, CDH Knowledge Management Practice Head and Director, speaks with Elbi van Vuuren, Director at StrategicPulse Consulting, and Lindi Coetzee, Deputy Dean at the Nelson Mandela University, about the powerful intersection of technology, legal education, and access to justice.They shar
An introduction to immigration compliance for employers
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 an
The right to disconnect in the context of South African employment law
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 emplo
Can a mental health diagnosis shield an employee from being dismissed for poor performance despite reasonable accommodation by an employer?
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
Safeguarding your good name: A podcast on defamation
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
A discussion on TRC Matters and the long road to accountability
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 pursu
Rising through the ranks: A Landlord's business rescue journey
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 an
A special episode featuring Njeri
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 t
Youth Day reflections | The silent struggle of South Africa's youth today
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
The Story of the GeFP Green Methanol Corridor: Circular Economy in Action
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
Reflecting on Freedom Day: Are our children free?
South Africa celebrates Freedom Day on 27 April each year, honouring the date of our first democratic elections in 1994. However, more than 30 years later, there is no doubt that freedom is not equally enjoyed by all.This is acutely visible in relation to children in South Africa. There is a wide gap between what is pronounced in our Constitution and legislation, and the lived realities of childre
Unlocking Business Potential in Kenya’s Special Economic Zones (SEZs)
The Tax & Exchange Control practice is excited to share the first episode of Untangling Tax, CDH Kenya’s tax podcast series.In this episode, CDH Kenya Partner Alex Kanyi, is joined by Lena Onyango and Martin Mumo, Tax Manager at Centum Investment Company Plc, for an insightful conversation on Special Economic Zones (SEZs) in Kenya.The podcast covers key topics such as SEZ sector classification
Inability to pay under Kenya’s Insolvency Act
In this episode of CDH Conversations, Desmond Odhiambo and Faith Wamuyu demystify what it really means when a company is said to be “unable to pay its debts” under Kenya’s Insolvency Act. We break down how courts assess insolvency, what the cash flow and balance sheet tests really involve, and how even a temporary cash crunch can spiral into a full-blown insolvency petition if you don’t act fast.J
Njeri talks to Disha Copreaux, Chief Executive Officer at Red Lands Roses
Njeri talks to Disha Copreaux, Chief Executive Officer at Red Lands Roses Every month, CDH Kenya Partner Njeri Wagacha publishes a podcast, Njeri Talks Law, where she engages in thought-provoking conversations with leading voices across industries. This month, Njeri speaks with Disha Copreaux, CEO of Red Land Roses, a boutique rose farm located in Ruiru, Kenya, specialising in high-quality spray r
Accelerate Action in the legal industry through mentorship and leadership – Part 3
Although International Women’s Day is marked on 8 March, we believe it should be celebrated, and women should be recognised all year round. As we draw to the close of the month, we invite you to listen to Part 3 of our CDH Women Empowerment Podcast Series — Accelerate Action inthe legal industry through mentorship and leadership.The legal industry in Africa is evolving, yet challenges such as pay
Celebrating IWD 2025 - Accelerating Action | Dream Big for Her
In celebration of International Women’s Day 2025, the women of CDH Kenya embarked on an inspiring journey to co-author a powerful book, Dream Big for Her, alongside 34 of our female clients and peers. This collection of stories is designed to inspire, teach, and encourage women to take bold action and accelerate progress in their respective fields.Every month, CDH Kenya Partner Njeri Wagacha publi
Accelerate Action – The state of gender equality in the African legal sector – Part 2
Although International Women’s Day is marked on 8 March, we believe it should be celebrated, and women should be recognised all year round. In this spirit, we gathered a powerhouse panel of women in law to discuss the evolving role of women in the African legal sector.In Part 2 of this podcast series, Accelerate Action – The State of Gender Equality in the African Legal Sector, our host Brigitta M
Accelerate Action – The state of gender equality in the African legal sector - Part 1
The legal industry in Africa is changing, but progress toward gender equality remains a work in progress. Women are taking on leadership roles, challenging biases, and driving change—but barriers still exist. How can we accelerate action to create a truly inclusive and diverse legal sector?As the world marks International Women's Day on 8 March 2025 with the theme, “Accelerate Action”, join us
Njeri talks to Phillip Aliker, Barrister and Chartered Arbitrator
Every month, CDH Kenya Partner Njeri Wagacha publishesa podcast 'Njeri Talks Law', where she explores insightful conversations with industry leaders. This month, Njeri speaks with Phillip Aliker, a world-renowned dispute resolution specialist and arbitrator. Phillip is a Chartered Arbitrator, Barrister (England & Wales), Advocate of the High Court of Uganda, and a Foreign Legal Consu
Draft Code of Good Practice on Dismissals
On 22 January 2025, the Department of Employment and Labour published the Draft Code of Good Practice on Dismissals, for public comment. The draft Code aims to provide guidance regarding dismissals for misconduct,incapacity, and operational requirements. From a disciplinary action perspective, the Draft Code seeks to formalise the much-echoed sentiments of our courts regarding the informal nature
Justice and Public Interest on the Mic - Pro Bono Matters in the CDH Kenya office
Since 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 th
Njeri talks to Paul Breloff, CEO & Co-Founder of Shortlist
Every month, CDH Kenya Partner Njeri Wagacha publishes
a podcast 'Njeri Talks Law', where she explores insightful conversations with industry leaders.
To kick off the year, Njeri sits down with Paul Breloff, CEO & Co-Founder of Shortlist. Paul, a serial entrepreneur, strongly believes in the power of African talent to drive business growth across the continent. Since its launch in 20
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