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CDH Conversations

CDH Conversations

By CLIFFE DEKKER HOFMEYR

Welcome to CDH Conversations. This is a dedicated Cliffe Dekker Hofmeyr podcast channel where our audiences have insight into the most recent legal and business developments across key industry sectors.

This is an interview and conversational-based channel where our experts delve into various legal subject matters that impact businesses across East and Southern Africa. This channel acts as an enhanced method to access our thought leadership.
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Celebrating women's voices on International Women's Day 2024

CDH ConversationsMar 08, 2024

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51:07
Celebrating women's voices on International Women's Day 2024

Celebrating women's voices on International Women's Day 2024

International 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, respected, and empowered to thrive.

It's an episode you won't want to miss! Tune in and join the conversation as we strive to create positive change. Click here to listen.

Mar 08, 202451:07
Beyond 16 Days Episode 2: The importance of Human Rights Day and exploring constitutional damages as an effective remedy

Beyond 16 Days Episode 2: The importance of Human Rights Day and exploring constitutional damages as an effective remedy

In 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, they explore the key considerations our Courts take into account when parties seek constitutional damages and how constitutional damages can be used as a remedy, in gender-based violence cases.

Mar 08, 202423:01
COMESA Competition Commission fines CAF and BEIN for engaging in anti-competitive business practices

COMESA Competition Commission fines CAF and BEIN for engaging in anti-competitive business practices

From 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 Decision). Kevin Kipchirchir and Lemmy Ndirangu delve into this conversation.


Feb 21, 202413:53
Beyond 16 days podcast series - Working on women's rights, all year round

Beyond 16 days podcast series - Working on women's rights, all year round

Brigitta 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 discussion to come in later episodes. Join them, on their journey exploring the women's rights landscape in South Africa.

Feb 20, 202413:34
An Analysis of the Affordable Housing Bill, 2023 vis a vis the High Court's Judgment and the ruling of the Court of Appeal

An Analysis of the Affordable Housing Bill, 2023 vis a vis the High Court's Judgment and the ruling of the Court of Appeal

On 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.


Feb 13, 202415:13
Positive disruptors in African mining: Technology, AI and critical minerals for Africa's industrialisation

Positive disruptors in African mining: Technology, AI and critical minerals for Africa's industrialisation

Listen 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 the growing green economy and thereby also achieve the laudable economic growth and development objectives of the AfCFTA for Africa.

In the conversation, Njeri and Jackwell generally unpack the evolving policy and legal framework in Africa for the exploitation of critical minerals required for a "new bold future" in particular when we look at the minerals required for the renewable energy sector, e-mobility sector, and the green hydrogen economy. They also broadly identify key risks for investors to consider in their investment decisions into specific mining jurisdictions and what African governments are doing to attract investment in the mining of critical minerals, including the potential local content and beneficiation obligations of minerals such as lithium. 

Feb 06, 202414:49
Boardrooms not court rooms

Boardrooms not court rooms

Boardrooms 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 approach to internal disciplinary processes. The purpose and application of the foregoing are discussed.



Jan 29, 202407:10
Njeri Wagacha talks to Catherine Igathe

Njeri Wagacha talks to Catherine Igathe

Every 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.

Jan 19, 202453:02
Njeri Wagacha talks to Wangechi Gichuki and Linda Anene

Njeri Wagacha talks to Wangechi Gichuki and Linda Anene

In 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 industry while maintaining a fulfilling and purpose-driven life.

*The bank litigation referred to and cited in the Standard Newspaper was on 10 August 2008.

Nov 21, 202342:42
The position of the post-commencement creditor in relation to business rescue proceedings

The position of the post-commencement creditor in relation to business rescue proceedings

Kylene 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 account the commercial realities of business rescue and she concludes that the judgment negatively impacts the prospects of future successful business rescues in our country. The speakers also consider the current legal position pursuant to the judgment, and further take a look at a comparative approach in international jurisdictions.

Oct 17, 202316:34
Nomlayo Mabhena-Mlilo discusses the future of the legal profession and access to justice in South Africa

Nomlayo Mabhena-Mlilo discusses the future of the legal profession and access to justice in South Africa

In 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, shedding light on the impactful experiences and lessons gained.
Nomlayo advocates for mentorship programs, specifically mentioning the South African Chapter of the International Association of Women Judges, and their vital role in transforming the legal profession. She also shares her admiration for influential women in her field and discusses her hopes for the future of the legal profession and access to justice in South Africa.
On a lighter note, she discusses the books she is reading and her favourite shows to stream. Tune in to gain insights from this remarkable legal professional and advocate for change.

Oct 10, 202315:43
Tendai Jangara speaks on women empowerment, corporate investigations, and more

Tendai Jangara speaks on women empowerment, corporate investigations, and more

Tendai 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.


Plus, get to know Tendai on a personal level as she discusses her hobbies, current reading list, and favourite shows to stream

Oct 04, 202320:05
Exploring the Trusts & Estates Practice

Exploring the Trusts & Estates Practice

Director 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.   


Oct 03, 202309:48
Unpacking Kinetiko's gas development concept which has the potential to achieve a cleaner energy transition solution for SA

Unpacking Kinetiko's gas development concept which has the potential to achieve a cleaner energy transition solution for SA

Megan 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 in Kinetiko’s corporate journey in South Africa to date, as he shares details on what could potentially become South Africa’s largest onshore LNG project and a development concept which has the potential to achieve a cleaner energy transition solution for South Africa.

Sep 06, 202316:16
Remote working in South Africa: The tax and employment law implications

Remote working in South Africa: The tax and employment law implications

Puleng 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 employees

Sep 06, 202311:10
Njeri Wagacha talks to Mary Wamae

Njeri Wagacha talks to Mary Wamae

Every 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 leaders. In addition to this, Mary holds positions on several other corporate boards.

Sep 06, 202346:38
WOZA and CDH Series | Turning the tide

WOZA and CDH Series | Turning the tide

Join 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 roles, engaging in discussions about the nuanced approach required to promote women without bias or discrimination. Each panelist shares valuable insights into mentorship programs and initiatives dedicated to rectifying the gender imbalance within the legal profession.


The episode concludes with the panelists offering advice and encouragement to aspiring women lawyers navigating challenges within the field.

Aug 15, 202338:53
Decriminalised approach to conducting disciplinary enquiries

Decriminalised approach to conducting disciplinary enquiries

In 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. 

Aug 15, 202304:25
The challenges women in law face today

The challenges women in law face today

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.
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 share their perspectives on empowering women in law. Discover their initiatives for access to justice, overcoming challenges, and achieving work-life balance. Gain valuable insights on the impact of networks, gender-based discrimination, and driving change.

Aug 08, 202349:27
Roxanne Webster & Tiffany Gray - CDH Women Podcast Series

Roxanne Webster & Tiffany Gray - CDH Women Podcast Series

In 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 in our society. Happy Women's Month to all the amazing women out there!"

Aug 01, 202325:38
Criminal charges laid by employer? An employer can still take disciplinary action!

Criminal 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 trial as he does not have to prove his innocence.


Employment Law experts Fiona Leppan and Biron Madisa unpack this is here.

Jul 24, 202312:33
Women in Law Series | Belinda Scriba unpacks maritime law

Women in Law Series | Belinda Scriba unpacks maritime law

As 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 Dispute Resolution practice and Business Rescue, Restructuring, and Insolvency  sector joins CDH Conversations to discuss her the legal profession and more. Her extensive experience includes litigation and arbitration (international and local), insolvency and business rescue, corporate and commercial contractual disputes, Companies Act disputes, maritime, and international trade.
Today, Belinda delves into her expertise in maritime law, its significance in global trade, and the unique challenges it presents. She talks about her dreams of being a pilot to the inspiring women in her life, the need to remain true to oneself as a woman, as well as the constant evolution of the maritime field, and her most memorable experience in the field.

Jul 18, 202316:18
Cognitive liberty and the constitutionality of criminalising psilocybin mushrooms in South Africa
Jul 14, 202316:54
Celebrating 100 years of women in law
Jul 11, 202341:07
Njeri Talks Law - The Importance of Energy Regulatory Reforms

Njeri Talks Law - The Importance of Energy Regulatory Reforms

Join 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 deregulating electricity, the rise of energy traders, and crucial considerations for investors eyeing energy projects. Listen to this enlightening conversation.

Jul 06, 202355:08
Unlocking the Power of Change: Navigating mergers and acquisitions with a winning formula

Unlocking the Power of Change: Navigating mergers and acquisitions with a winning formula

McKinsey & 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.

Jul 06, 202334:42
Dispute resolution within construction and engineering: Arbitration

Dispute resolution within construction and engineering: Arbitration

Construction & 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.

Jun 19, 202322:37
A new normal for redundancy notices - The A-Z of redundancies in light of new jurisprudential guidance from the ELRC

A new normal for redundancy notices - The A-Z of redundancies in light of new jurisprudential guidance from the ELRC

Redundancy 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 be followed and substantive safeguards to be adhered to. In this podcast, Christine Mugenyu and Kevin Kipchirchir analyse the requirements for redundancy in Kenya and more particularly highlighting the recent ELRC determination in Tom Kimaru v. Nairobi Securities Exchange PLC.

Jun 19, 202321:51
Introducing CDH's Corporate and White Collar Investigations Service Offering

Introducing CDH's Corporate and White Collar Investigations Service Offering

CDH'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.

Jun 14, 202311:23
Njeri Wagacha talks to Maryanne Ochola and Vlad Dugin

Njeri Wagacha talks to Maryanne Ochola and Vlad Dugin

Njeri 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.

Jun 08, 202335:42
Dispute resolution within construction and engineering: Mediation

Dispute resolution within construction and engineering: Mediation

Construction & 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.

Jun 08, 202314:53
Warning! Zimbabwean Exemption Permits expire on 30 June 2023

Warning! Zimbabwean Exemption Permits expire on 30 June 2023

In 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 discuss the imminent expiry of ZEPs.

Jun 05, 202309:31
Balancing the scale of gender in dispute resolution and the legal sector

Balancing the scale of gender in dispute resolution and the legal sector

10 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.

May 25, 202309:54
Part 4 - Preparing for the Department

Part 4 - Preparing for the Department

Prof 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.

May 19, 202313:53
Part 3 - The EEA Amendments & Draft Regulations: Fines, liabilities and powers of the department

Part 3 - The EEA Amendments & Draft Regulations: Fines, liabilities and powers of the department

Employment 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.


May 18, 202308:55
Part 2 - The EEA Amendments & Draft Regulations: The impact and why employers must submit representations

Part 2 - The EEA Amendments & Draft Regulations: The impact and why employers must submit representations

Imraan 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 and submit submissions, especially considering the absence of transitional arrangements, amongst other glaring oversights and uncertainties.


May 17, 202309:26
Part 1 - The Employment Equity Act

Part 1 - The Employment Equity Act

This 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.


May 16, 202308:41
The concept of lockouts and how employers may respond to a strike

The concept of lockouts and how employers may respond to a strike

A 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.


May 15, 202319:21
Njeri Wagacha talks to John Ngumi

Njeri Wagacha talks to John Ngumi

This 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.

May 09, 202349:34
Women empowerment through impact litigation

Women empowerment through impact litigation

This 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, which speaks directly to the continued vulnerability of women and the impact restrictive legislation can have on their lived realities. Brigitta and Elgene further discuss the worrying opposition by the State when faced with litigation of this nature and how it is indicative of the society we live in.



Apr 25, 202316:51
Can an employee be dismissed for refusing to obey an instruction to work overtime?

Can 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.

Apr 17, 202309:45
Njeri Wagacha talks to Sienna Dutkowski, Nonnie Burbidge, and Freda Rutere

Njeri Wagacha talks to Sienna Dutkowski, Nonnie Burbidge, and Freda Rutere

In 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 powerful women unpacked their perspectives in their varying fields of work, as mothers, and how the celebration of International Women's Day resonates with them.

Apr 12, 202330:27
Agency, commitment, and impact

Agency, commitment, and impact

Join 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 to books and education. The initiative is based on and anchored by the values of social empowerment and active citizenry which are aligned to the values of our Pro Bono & Human Rights practice and the firm. The initiative uses the themes of Human Rights month (March) and Freedom Month (April) as a backdrop to contextualise and guide its activities and efforts.




Apr 04, 202312:52
Dispute resolution within construction and engineering: Adjudication

Dispute resolution within construction and engineering: Adjudication

In 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.

Apr 03, 202311:50
Taxation of financial derivatives in Kenya

Taxation of financial derivatives in Kenya

On 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.

Mar 23, 202316:31
Is Covid-19 a thing of the past?

Is 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.

Mar 10, 202304:22
Njeri Wagacha talks to Iain Usiri

Njeri Wagacha talks to Iain Usiri

Njeri 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.

Mar 10, 202336:32
Graduate Matters Edition - What Directors expect from their juniors

Graduate Matters Edition - What Directors expect from their juniors

Chairperson, 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.
Mar 03, 202319:18
Not so fixed term after all: Severance Pay in relation to Fixed Term Contract employees during a retrenchment process

Not so fixed term after all: Severance Pay in relation to Fixed Term Contract employees during a retrenchment process

CDH 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 earned below the threshold. The commissioner found that the  employees in this case had been terminated for reasons relating to the employer's operational requirements and were entitled to being paid severance in terms of section 41 (BCEA) both by reason of their retrenchment and by reason of the amendment to section 198. 

Great consideration to be taken in setting the period of employment in FTCs, and in any subsequent extensions and/or renewals. If below the threshold, then provision to be made for the payment of severance should employment terminate, and they meet the requirements of section  198B(10)(a). Proper advice must be obtained when considering terminating  FTCs and the ramifications thereof both in terms of section 189 and  198B.

Feb 27, 202317:50
Njeri Wagacha talks to Fred Waithaka

Njeri Wagacha talks to Fred Waithaka

Njeri 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.

Feb 10, 202346:01