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CDH Conversations

CDH Conversations

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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The long term lease
Kirsty de Sousa conducts an insightful conversation with Real Estate Law expert, John Webber where he answers a few questions and helps explain what a long-term lease is, how it is created, the ability to finance such acquisition, and the general expectation of lessees in such a property developments.
June 13, 2022
Njeri talks to private equity and venture capital experts Sapna Shah, Paul Ohaga, and Asif Noorani
Every month CDH Kenya Partner Njeri Wagacha publishes a podcast 'Njeri Talks Law'. During this month's episode, Njeri discusses the current state of play, the trends and opportunities, as well as the approach to investing in Africa with private equity and venture capital experts, Sapna Shah of Novastar Ventures, Paul Ohaga of New Forests, and Asif Noorani of Investisseurs & Partenaires.
June 13, 2022
Firefighter injured on duty – A closer look into inherent job requirements and reasonable accommodation
Recently, the Constitutional Court decided the case of Adam Damons v City of Cape Town, where an employee firefighter who was injured at work and sustained a disability (as a result of the employer's non-compliance with safety procedures) sought a position as a Senior Firefighter but was inhibited by the employer's Fire and Rescue Advancement Policy. The case raised important questions relating to unfair discrimination in the workplace, the place of the inherent requirements of the job defence and the scope of reasonable accommodation. Listen to the podcast by Employment Law experts Fiona Leppan and Kgodisho Phase
June 06, 2022
Njeri talks to Stephane Duproz
Every month CDH Kenya Partner Njeri Wagacha publishes a podcast 'Njeri Talks Law'. This month Njeri talks to Stephane Duproz, Executive Director of Cassava Technologies, the holding company for Africa Data Centres. Stephane talks about how datacenters are changing the way data is held, stored, and used and how datacenters are shaping Africa’s technological footprint.
May 09, 2022
Kenya | Understanding the legal weight of appointment letters
Understanding the legal weight of appointment letters is very important to employers. Of even more importance is understanding the legal effect of unilaterally revoking an appointment letter before an employee reports to work. In this podcast Christine Mugenyu and Johnstone Odeya discuss the case of Kelvin Gatembo Kariuki & 4 others vs. Office of the Auditor-General & 2 others [2021] eKLR which sets out in detail the legal weight of appointment letters and the effect of an unilateral revocation of an appointment letter before an employee reports to work.
May 03, 2022
Njeri Wagacha talks to Lady Justice Effie Owuor
Every month CDH Kenya Partner, Njeri Wagacha publishes a podcast 'Njeri Talks Law'. This month Njeri talks to Lady Justice Effie Owuor. In honour of International Women's Day Njeri talks to Lady Justice Effie Owuor, Kenya's First female State Counsel, Magistrate, High Court Judge, and Court of Appeal Judge on her long legal career, navigating family life, and having it all.
April 07, 2022
Servitudes explained
An insightful talk where a seasoned real estate attorney explains servitudes as a whole and further provides insight into the different kinds of servitudes, how they are created, when they may be cancelled and how such cancellation occurs. As well as a little extra bit on cell phone towers and how such rights are created allowing companies to erect such towers on a property. Listen as Marlene Heppes and Kirsty de Sousa discuss the topic of servitudes. 
April 05, 2022
South Africa's anticipated policy and legislative reform on the employment of foreign nationals
On 28 February 2022, the Minister of Employment and Labour published a Draft National Migration Policy and Employment Services Amendment Bill for public comment. This podcast by Employment Law Director Phetheni Nkuna, focuses on the Bill which seeks to regulate and facilitate the employment of foreign nationals.  Once enacted, the Minister will be able to introduce quotas for the employment of foreign nationals either across sectors, occupational categories, nationally, or within one or more regions in a sector. Employers of foreign nationals will be required to ascertain that they are entitled to work in South Africa, and to perform the work for which they are employed, satisfy themselves that no other person in South Africa (other than foreign nationals) has requisite skills to fill the vacancy – before recruiting the foreign national, and to prepare a skills transfer plan. Finally, digital labour platforms will be recognised as employers.
April 05, 2022
A second employer? Understanding the secondment relationship
Secondment refers to any contract that results in the temporary transfer of an employee to another employer or position. In this podcast, Christine Mugenyu and Janette Nyaga analyse the secondment relationship; particularly the roles of the different employers and the termination of the secondment relationship.  This discussion is guided by the recent Court of Appeal Case of Kenya Methodist University v Kaungania & another (Civil Appeal 61 of 2017) and the decision by the Employment and Labour Relations Court in Nyeri in Mary Nyangasi Ratemo & 9 others v Kenya Police Staff Sacco Limited & another [2013] eKLR.
March 28, 2022
Njeri talks to Nicola Muriuki and Kevin Mutiso
Every month CDH Kenya Partner, Njeri Wagacha publishes a podcast 'Njeri  Talks Law'. This month Njeri talks to Nicola Muriuki, Senior Legal  Counsel at Tala (, and Kevin Mutiso, Chairman of  Board Digital Lenders Association of Kenya (DLAK) on the recently passed  Central Bank of Kenya (CBK) Amendment Act which aims to regulate  digital lenders in Kenya.
March 08, 2022
Dismissals in the time of a Pandemic
For many South Africans, the COVID-19 pandemic has brought waves of uncertainty. Throughout, the pinnacle of uncertainty has always rested with the implications of the virus for the South African workforce. These implications have begun to materialise with the implementation of mandatory vaccination policies in the workplace. In the case of TM v Goldrush Group, one such employee faced the implications of refusing to be vaccinated in the face of a mandatory vaccination policy.  In this podcast, Dylan Bouchier and Tamsanqa Mila discuss the case of TM  v Goldrush Group, and breakdown the decision of the Commissioner.
March 07, 2022
COVID-19 Vaccines: How would liability apply in the absence of the COVID-19 No-Fault Compensation Scheme
To secure COVID-19 vaccines, governments from around the world were required to provide a partial indemnity from liability to COVID-19 Vaccine manufacturers, in the case of any severe side effects vaccines may cause. In April 2021, South Africa implemented the COVID-19 No-Fault Compensation Scheme altering the approach to how a person may lodge a claim for injury or loss arising from a COVID-19 Vaccine. Legal experts from CDH discuss product liability, consumer protection law, and the influence of the COVID-19 No-Fault Compensation Scheme in this episode of the podcast series focusing on Liability and Recourse for Covid-19 Vaccine Injuries.
February 21, 2022
Compliance Certificates – Where, What, When & Why
CDH Real Estate Law experts conduct a quick conversation answering the often-asked questions about the many compliance certificates required from sellers of immovable property. These include the Electrical Compliance certificates, Electric Fence Compliance certificates, Plumbing Compliance certificates, Gas Compliance certificates, as well as the Entomologist Compliance certificate, better known as a Beetle Compliance certificate.  The podcast will unpack when and where the compliance certificates are required,as well as their validity period.
February 15, 2022
Vaccination policies | Counselling vaccine hesitant employees?
The directions empowering employers to implement mandatory vaccination policies require an employer to counsel an employee where the employee refuses to be vaccinated either on medical or constitutional grounds. Imparting information to assist employers ease worker anxiety, our experts discuss how vaccinations have been approved for use in South Africa and the regulatory framework which has enabled the South African Health Products Regulatory Authority (SAHPRA) to ensure vaccine safety and efficacy.
February 10, 2022
Dealing with vaccination objection
As many mandatory vaccinations policies become effective in February 2022, employers are faced with the practical challenges of managing the processes prescribed by the Consolidated Direction on Occupational Health and Safety issued by the Department of Employment and Labour on 11 June 2021, particularly the exemptions procedures. Looking to the emerging CCMA arbitration awards, our Employment Law experts discuss how to deal with employee objections to becoming vaccinated. 
February 09, 2022
Njeri Talks to Opibus
Every month CDH Kenya Partner, Njeri Wagacha publishes a podcast 'Njeri Talks Law'. On this year's first episode Njeri Wagacha talks to Opibus a Swedish-Kenyan company that has developed and launched Kenya's first electric bus.
February 01, 2022