CDH Conversations

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 exemptions are limited to married employees, and constitutional challenges under Barkhuizen and Beadica.

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 grants, dignity, and access to justice in South Africa.

The conversation explores:

• The role of social grants in advancing dignity and meaningful freedom
• Challenges within the SASSA grant system and their impact on vulnerable communities
• The intersection of unemployment, workers’ rights, and social protection
• Recent Constitutional Court developments and what they mean for grant beneficiaries
• Why civic participation and accountability remain central to protecting rights

This timely discussion offers important insight into the constitutional promise of freedom and the lived realities facing many South Africans today.

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 housing, healthcare, education, water and sanitation, and how these rights have evolved through landmark court decisions over the past 30 years of our constitutional democracy.

They unpack:

• the impact of state failure on underserved communities;
• the role of the courts in enforcing socio-economic rights;
• delays in implementing court orders, even where citizens succeed in litigation;
• whether constitutional damages may become a more effective remedy or recourse for state inaction; and
• the importance of active citizenry, collective agency, and collective accountability in the nation's quest to fulfil the constitutional promise.

This timely dialogue, which serves as a point of reflection, offers practical insights into the legal and societal challenges shaping access to basic needs, services and a life of dignity for all in South Africa.

Zeenat is the Head of the Education Rights Programme at Section27 and has experience in work and litigation in areas relating to the right to access to housing, access to water, sanitation and electricity and the right to health.

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, Charles shares practical insights on partnership, mentorship, and professional growth — but also tackles deeper systemic issues affecting the country.

Key conversations include:

• Rule of law in Kenya - Addressing abductions, constitutional violations, and accountability
• Corruption and ethics - Why values often don’t translate into professional conduct
• Access to justice - Gaps in the system and how to fix them
• Young lawyers and mentorship - Challenges in employment, training, and practice readiness
• Legal reforms an policy - Improving institutions, legislation, and public participation
• Technology and AI in law - Opportunities, risks, and the future of legal practice
• Leadership and vision - What it takes to build institutions that outlast individuals

This episode goes beyond legal theory. It’s a conversation about leadership, systems, and responsibility in Kenya today. If you're in law, business, governance, or simply interested in how systems evolve, this is one to listen to.

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 Clarice Louw, Justice Desk Africa Programmes Manager, for an insightful discussion on advancing women’s rights, strengthening access tojustice, and empowering individuals to become active human rights defenders in their own communities.

The conversation reflects on this year’s themes of “Rights.Justice. Action.” and “Making Human Dignity Real,” highlighting the importance of moving beyond only the recognition of rights towards meaningful, collectiveaction. Drawing on South Africa’s history and contemporary challenges, the discussion underscores the ongoing need to address gender inequality and systemic barriers to justice.

From a strategic perspective, the discussion exploresJustice Desk Africa’s continental footprint, the evolution of its mission since inception, and key lessons learned from operating across diverse African contexts. It also considers the most urgent opportunities and challenges inadvancing women’s rights across the region, as well as the organisation’s forward-looking priorities for 2026. 

At a programme level, the videocast offers a closer look atthe impactful initiatives driving change on the ground. These include efforts to empower individuals, particularly women and young people, to understand, claim, and defend their rights within their communities. The conversation alsounpacks how programmes are designed to address gender inequality and adapt to complex social and cultural environments.  

Importantly, the discussion highlights the role ofcollaboration between legal practitioners, civil society, and the private sector in translating human rights from principle into practice. Viewers are encouraged to consider how they can support and engage with initiatives that advance equality, dignity, and justice across Africa. 

This conversation serves as a timely reminder that humanrights are not abstract ideals, but lived realities shaped by collective participation and sustained action.

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 (Environmental Law and Pro Bono & Human Rights, Kenya).

Together, they unpack this year’s theme, Give to Gain, reflecting on the power of mentorship, sponsorship, visibility, and intentional inclusion in shaping women’s careers in the legal profession.

From creating opportunities and advocating in rooms where others are not present to fostering inclusive leadership cultures, this conversation offers practical insights on how intentional giving drives collective progress.

Listen to the full episode and join us in forging meaningful change.

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-Based Black Economic Empowerment Act of 2023 (BBBEE).
They unpack key concepts such as:
 - the definition of disability, the role of employee self-disclosure, and
 - the use of the EEA1 form in workforce analysis and reporting.
The discussion also unpacks the limits of employer verification, employees’ rights to privacy, and when medical assessments may be justified.
In conclusion, they provide practical guidance to employers on ensuring compliant, fair, and lawful disability verification practices within South Africa’s employment law landscape.

Every month, CDH Kenya Partner, Njeri Wagacha, publishes a podcast. This month, Njeri talks to Julians Amboko from StratLink Africa

There 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 and his unique perspective on the current economy. They discuss why being an active participant in the market is no longer optional. If you’ve been looking to understand the "revolutionary deals" shaping our region, you won't want to miss this.

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 & Commercial practice, explores the evolving nuclear landscape in Southern Africa and what it means for the region’s energy future. The discussion examines the regulatory, commercial and geopolitical dynamics shaping nuclear development, comparing South Africa’s experience as an operating nuclear power producer with Namibia’s strategic role as a major uranium supplier.

The episode unpacks key lessons on governance, financing and public trust, and considers how both countries can position themselves in a rapidly shifting global energy market. It also reflects on the opportunities and challenges nuclear energy presents for long-term energy security and industrial growth in the region.

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 growth, public spending, and debt management. The conversation also highlights several key tax developments, including the proposed reduction in corporate tax rates, the potential introduction of a dividend tax, and a preferential tax regime for qualifying small and medium businesses.

The episode further considers the role of state-owned enterprises, youth empowerment initiatives, and policy certainty in attracting investment and supporting inclusive economic growth.

Listen to the full discussion for insights into how the budget could impact businesses, investors, and Namibia’s broader economic outlook.

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 protectable interest in regulating the off-duty misconduct in question. Without both elements, disciplinary action and dismissal may be found to be substantively unfair.

This judgment illustrates that courts continue to emphasize the importance of carefully assessing these factors before taking action against employees for conduct occurring outside the workplace.
Thabang Rapuleng and Thato Maruapula in the Employment Law practice discuss the judgment.

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 have raised the compliance stakes for both designated and non‑designated employers. The discussion highlights how findings of unfair discrimination, which include findings of workplace harassment, can derail an employer’s ability to secure a Compliance Certificate.

Anli and Leila also provide practical insights into how employers can understand and mitigate these risks.

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 that matters” to the assumption that “synergies will sort themselves out.”

Together, they unpack and pressure-test the common assumptions that influence deal timelines, value, and risk. Expect practical insights, clear takeaways you can apply with your teams and clients, and a few light moments along the way.

Stay tuned until the end for a fun myth about what it’s really like to be an M&A lawyer.

In episode four, Taryn and Lee unpack frequently asked questions by employers about immigration compliance in South Africa

In 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 liabilities for employing illegal foreigners;
• the consequences for employees with fraudulent or expired visas;
• the concepts of “prohibited persons” and “undesirable persons" and the implications of such categorisations;
• estimated visa processing times;
• appeal procedures and the protections for foreign nationals during pending appeals; and
• protections for foreign employees under South African labour laws.

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 generational and cultural differences, to evolving gender identities.

The participants explore practical ways employers can foster inclusion, manage multi-generational teams, address social media challenges, and understand the legal frameworks supporting equality and cultural sensitivity. The discussion also highlights how the law continues to evolve around parental leave, gender recognition, and workplace inclusivity.

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.

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 yourself. They break down the “no‑go” categories that must be in writing, the grey areas where verbal deals are common, and why evidence can make or break your case.

If you move at speed and do business in the real world, this is a practical, jargon‑free guide to doing it safely. You will walk away knowing how to turn a handshake into something you can rely on, what clauses in your existing contracts can trip you up, and how to document just enough, just in time, to avoid costly disputes later.

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 next generation.

Tebello Mosoeu, Senior Associate in the same team, reflects on how their generational differences shape their experiences in the legal profession.

One a Xennial, the other a Zennial. Both navigating legacy, leadership and what it means to grow while staying grounded.

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 becoming a Competition Lawyer in a leading law firm, her reflections on working in a still male-dominated field, and the importance of mentorship and support for young women in law. She explains how competition law impacts everyday life, from protecting consumers against unfair practices to shaping key industries such as telecommunications and agriculture.

Nelisiwe also offers candid insights into balancing motherhood and a legal career, the value of resilience, and how AI is transforming the practice of law. Her story is one of courage, conviction, and inspiration for young professionals considering a future in law.

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 managed and those who have heard of the standard form may have heard of the word "compensation event". But what exactly are they, and what is expected of the contractor and project manager when a compensation event occurs?

Join Associate, Zodwa Malinga and Associate Designate, Lakeen Kowlas from our Dispute Resolution practice and part of the Construction & Engineering sector, as they discuss compensation events under the NEC3 Engineering and Construction Contract.

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 Africa’s future.

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 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 how statelessness intersects with gender and children’s rights. Through personal stories and legal insight, the conversation sheds light on the barriers that keep people “invisible” and the constitutional promise that everyone has the right to a name, a nationality, and a place to belong.

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.

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 rise of “zombie companies”, why they’re haunting the market, and what it really takes to revive them…or bury them.

Tune in for real talk, practical tips, and a few Halloween chills!

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 Department of Social Development: Western Cape Provincial Government and Others, where an employee's dismissal was found to be unfair because the employer failed to treat his absenteeism due to alcoholism as misconduct as opposed to a medical condition requiring reasonable accommodation.

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 judgment in Mathebe v Cullinan Diamond Mine (Pty) Ltd [2025] ZALCHJHB 330. The case highlights the importance of bringing workplace health and safety disputes before the correct forum and within statutory time limits.

Mr Mathebe, a former miner, alleged occupational asthma and sought damages and loss of earnings. However, the Court dismissed the claim on the grounds that it lacked jurisdiction and that any civil claim brought in a correct forum had prescribed. They discuss the implications for employees, the limits of the Labour Court’s powers, and key lessons for navigating occupational health and safety disputes.

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 offering, provide an overview of the various temporary residence visas available in South Africa, with a focus on the visas which authorise foreign nationals to work in the country. These visas include General Work Visas, Critical Skills Visas, Intra-Company Transfer Visas, and Short to Long Term Visitors Visas.

In addition, they discuss the purpose, duration, and conditions of the temporary visas outlined, as well as recent regulatory changes for certain visa categories.

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

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

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

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™”.

Fresh from attending BurnStar’s launch event at the end of August 2025, this technology is more than a concept. It promises hydrogen production with zero process CO₂, modular deployment, and energy use claims up to 8× lower than electrolysis, a potential game changer for green steel, refining, and other hard‑to‑abate sectors.

The topics addressed in this podcast include:

• How the technology works (and why it matters)
• Use‑cases that pencil first in Southern Africa
• Bankability, risk, and what early adopters need to know
• Myth‑busting: cost, carbon disposal, and scale

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 West, Director in the Trusts & Estates Law practice, highlight why having a will is crucial for effective estate planning. They highlight the following:

   Control and clarity: Nominate an executor you trust, outline their powers, and protect minor children through testamentary trusts.

Asset and business management: Ensure smooth administration of complex assets, businesses, and foreign investments.

       Tax and liquidity planning: Reduce unnecessary taxes and ensure your estate can meet its obligations.

  Legally binding guidance: A will enforces your intentions, unlike a non-binding letter of wishes.

National Wills Week is a reminder to take a proactive approach to estate planning and secure peace of mind for your loved ones.

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 inspiring discussion with Phetheni Nkuna and Yvonne Mkefa, two trailblazing leaders and champions of transformation in the legal profession.

Together, they unpack:

• The foundations of trust in mentor–mentee relationships
• The power of listening and creating safe spaces for growth
• Lessons from mentorship missteps and the value of emotional intelligence
• How mentorship can advance women’s careers and shift workplace culture

This honest and thought-provoking conversation is a must-listen for mentors, mentees, and anyone passionate about building workplaces where women can thrive.

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, Executive Director at the NIPDB, for the high-level strategic vision behind the N$114.9 billion FDI surge since 2021.

We are also joined by Patrick Kauta, Managing Partner of CDH Namibia, who provides the crucial legal and commercialinsights for investors. 

Tune in to discover the drivers of Namibia's success, how to navigate opportunities in key sectors like energy, andrenewables, and what the future holds for one of the world's most exciting investment hotspots.

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 from the Pro Bono & Human Rights practice, for an insightful conversation on what true allyship between men and women could looks like.

They explore:

• How men should work alongside women without overshadowing their voices.
• The importance of humility, accountability, and self-education in breaking systemic barriers.
• Practical steps for creating inclusive workplaces, from addressing subtle biases to rethinking policies like parental leave.
• Why allyship is a human issue—not just a women’s issue.

This thought-provoking discussion encourages all of us to reflect on our roles in fostering environments where respect, equity, and inclusion thrive.

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 shares how GRIT is breaking barriers, challenging harmful gender norms, and calling for collaboration across government, business, and communities to address the root causes of GBV. We also hear what true empowerment means to Leonora and Brigitta as we continue to celebrate Women's Month.

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 Section 71(1) and removal by the board in terms of Section 71(3). Each route has its own requirements, from notice periods to specific grounds for removal.

The discussion also covers the director’s right to be informed and to address the meeting before a decision is made, as well as the ongoing “reasons” debate. While the Act doesn’t always require reasons for removal, the CIPC still expects them before processing a change, making it best practice to include them.

The team highlights common procedural pitfalls, such as giving insufficient notice, skipping key steps, or attempting “round robin” removals all of which can result in the process being declared invalid. They also note that reinstatement is rare if a removal is challenged, with damages often being the only remedy.

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 entrepreneurship with motherhood, and ultimately transitioned into her current role supporting innovation and start-ups.

Key takeaways from Hanli’s story include:

• Adaptability is key – business models must evolve with technology and market shifts.
• Balance matters – success is about being present both at work and in life.
• Perfection isn’t the goal – embracing imperfection opens the door to growth and resilience.

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 share how Hive Law is bridging the gap between the advanced tools used by large law firms and the needs of smaller firms, law clinics, and universities, empowering future lawyers to deliver better services and compete effectively.

This inspiring conversation also explores the unique strengths women bring to leadership, the collaborative ethos behind LawLabz, and the importance of preparing law students for a profession that is rapidly evolving through technology.

Key insights include:

• Leveraging legal tech to expand access to justice.
• Preparing graduates for the realities of practice.
• The role of female leadership in driving meaningful change

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

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

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

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

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

Click here to listen to the podcast.

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

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

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

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

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

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