EMPLOYMENT ISSUE IN THIS 4 JUNE 2018 DROP IN THE PRESCRIBED RATE OF INTEREST THE RIGHT TO A FAIR HEARING IS A TWO-WAY STREET

Similar documents
EMPLOYMENT ISSUE IN THIS 5 DECEMBER 2018 INCREASED MINIMUM WAGE FOR DOMESTIC WORKERS

DISPUTE RESOLUTION: CORPORATE INVESTIGATIONS AND EMPLOYMENT

ALERT REAL ESTATE ISSUE IN THIS 19 MARCH 2018

ALERT DISPUTE RESOLUTION ISSUE IN THIS 22 MARCH 2018 AN UPDATE: YOUR DEBTS.WRITTEN OFF?

TAX & EXCHANGE CONTROL

ALERT FINANCE & BANKING ISSUE IN THIS 15 JANUARY 2018 RECOVERING PRESCRIBED DEBTS - SECTION 126 OF THE NATIONAL CREDIT ACT

ALERT EXCHANGE CONTROL ISSUE IN THIS 17 NOVEMBER NO TRADE, NO DEDUCTION A JUDGMENT ABOUT SECTION 11(a) OF THE INCOME TAX ACT

MINING & MINERALS cliffedekkerhofmeyr.com

MINING AND MINERALS ALERT

ALERT EXCHANGE CONTROL ISSUE IN THIS 26 JANUARY 2018 DID THE PUNISHMENT FIT THE CRIME? THE TAX COURT REDUCES AN UNDERSTATEMENT PENALTY IMPOSED BY SARS

BUSINESS RESCUE, RESTRUCTURING & INSOLVENCY

ALERT EMPLOYMENT 8 SEPTEMBER 2014 THE LAST LEG: CONSTITUTIONAL COURT FINDS THAT SAPS DECISION TO NOT PROMOTE BARNARD WAS NOT UNLAWFUL IN THIS ISSUE

ALERT EXCHANGE CONTROL ISSUE IN THIS 23 FEBRUARY 2018 VAT RATE INCREASE: WHAT VAT RATE SHOULD BE CHARGED?

EMPLOYMENT MATTERS 14 APRIL 2014 IN THIS ISSUE SHOULD A CERTIFICATE OF OUTCOME BE REVIEWED?

ALERT COMPETITION ISSUE IN THIS 5 MARCH 2018

ALERT DISPUTE RESOLUTION ISSUE IN THIS 24 JANUARY 2018 IS IT POSSIBLE THAT IN 2018 YOUR DEBTS MAY BE WRITTEN OFF? SURROGACY - TOO MUCH TO BEAR?

ALERT FINANCE AND BANKING ISSUE IN THIS 20 FEBRUARY 2017 NEW LIMITS FOR CREDIT LIFE INSURANCE PREMIUMS

ALERT MINING & MINERALS ISSUE IN THIS

ALERT EXCHANGE CONTROL ISSUE IN THIS 13 NOVEMBER 2017 VAT RULINGS HOW AND WHEN TO APPLY CUSTOMS HIGHLIGHTS

ALERT TAX AND EXCHANGE CONTROL ISSUE IN THIS SPECIAL EDITION: VAT AND NON-EXECUTIVE DIRECTORS 19 MAY 2017

ALERT DISPUTE RESOLUTION ISSUE IN THIS 31 JANUARY 2018 INTERNATIONAL ARBITRATION: DAVOS 2018 DECONSTRUCTED: SOUTH AFRICA S SHARE IN A FRACTURED WORLD?

MINING AND MINERALS AND INTERNATIONAL ARBITRATION

CORPORATE INVESTIGATIONS

TAX AND EXCHANGE CONTROL ALERT

FINANCE & BANKING ISSUE IN THIS 22 JANUARY 2019 UPDATE: NO MORE SILENT BIG SHORT POSITIONS

MINING & MINERALS ISSUE IN THIS 30 OCTOBER 2018 MINING COMMUNITY CONSULTATION: WHO IS THE COMMUNITY?

TAX AND EXCHANGE CONTROL ALERT

ALERT DISPUTE RESOLUTION ISSUE IN THIS 1 MARCH 2017 BUSINESS RESCUE, RESTRUCTURING AND INSOLVENCY:

ALERT EXCHANGE CONTROL ISSUE IN THIS 26 OCTOBER 2018 GOOD NEWS FOR LENDERS? FURTHER PROPOSED AMENDMENTS TO THE DOUBTFUL DEBT PROVISIONS

ALERT DISPUTE RESOLUTION ISSUE IN THIS 13 APRIL 2016

TAX & EXCHANGE CONTROL

ALERT FINANCE & BANKING ISSUE IN THIS 27 JUNE 2018

COMPETITION ISSUE IN THIS 8 OCTOBER 2018 THE COMPETITION LAW RISKS OF EARLY INTEGRATION PLANNING

TAX & EXCHANGE CONTROL

TAX AND EXCHANGE CONTROL ALERT

ALERT DISPUTE RESOLUTION ISSUE IN THIS 8 FEBRUARY 2016 OVERVIEW OF THE DRAFT FRANCHISE INDUSTRY CODE PUBLISHED IN JANUARY 2016

LEGAL PARTNER FOR YOUR FUND

ALERT DISPUTE RESOLUTION ISSUE IN THIS 21 JUNE 2017

BLACK ECONOMIC EMPOWERMENT ALERT

TAX AND EXCHANGE CONTROL ALERT

TAX AND EXCHANGE CONTROL ALERT

ALERT EXCHANGE CONTROL ISSUE IN THIS 23 MARCH 2018 DOMESTIC TREASURY MANAGEMENT COMPANIES

PRACTICE OVERVIEW ABOUT CLIFFE DEKKER HOFMEYR

TAX AND EXCHANGE CONTROL ALERT

ALERT COMPETITION ISSUE IN THIS 30 MAY 2016

ALERT TRUSTS AND ESTATES ISSUE IN THIS 20 JULY 2016

ALERT EXCHANGE CONTROL ISSUE IN THIS 19 JANUARY 2018 RESIDENTIAL PROPERTY DEVELOPERS FACE CASH FLOW CRUNCH DUE TO VAT ON TEMPORARY LETTING OF UNITS

ALERT DISPUTE RESOLUTION ISSUE IN THIS 7 SEPTEMBER 2016 COMMERCIAL: INTERNATIONAL ARBITRATION:

ALERT TAX ISSUE IN THIS 4 SEPTEMBER 2015 VOLUNTARY DISCLOSURE RELIEF TO BE WIDENED DAVIS TAX COMMITTEE: FIRST INTERIM REPORT ON MINING

ALERT TAX ISSUE IN THIS 20 NOVEMBER 2015 THE ONUS OF PROOF RULE FOR THE IMPOSITION OF UNDERSTATEMENT PENALTIES CARBON TAX IN SOUTH AFRICA

ALERT DISPUTE RESOLUTION ISSUE IN THIS 26 OCTOBER 2016 CORPORATE INVESTIGATIONS: HAVE YOU NOTICED THE GLOBAL CHANGE IN COMBATING CORRUPTION?

ALERT TAX ISSUE IN THIS 23 OCTOBER 2015 CHANGES TO THE INCOME TAX RETURN FOR TRUSTS

The team is described as great to work with and as one that routinely produces work of the highest calibre.

TAX AND EXCHANGE CONTROL ALERT

ALERT TAX ISSUE IN THIS 13 NOVEMBER 2015 OUR NEW TEAM MEMBERS TAX CONSEQUENCES OF A LIQUIDATION DISTRIBUTION FOLLOWED BY AN AMALGAMATION TRANSACTION

CORPORATE & COMMERCIAL

ALERT TAX ISSUE IN THIS 29 JANUARY 2016 RULING ON THIRD-PARTY BACKED SHARES PRESERVATION ORDERS - THE COURT SETS A HIGH BAR FOR SARS

ALERT TAX AND EXCHANGE CONTROL ISSUE IN THIS 4 MARCH 2016

ALERT TAX ISSUE IN THIS 6 NOVEMBER 2015 INTEREST FOR PURPOSES OF WITHHOLDING TAX ON INTEREST (WTI)

TAX AND EXCHANGE CONTROL ALERT

TAX ALERT. We have launched a new Tax website. Click here to visit the site. IN THIS ISSUE FAR REACHING DECISION BY THE TAX COURT 5 AUGUST 2011

ALERT EXCHANGE CONTROL ISSUE IN THIS 24 NOVEMBER 2017 ANNOUNCEMENT OF FURTHER REVISIONS TO THE DEBT REDUCTION RULES IN THE INCOME TAX ACT

ALERT 20 JUNE 2014 IN THIS ISSUE TAX ADMINISTRATIVE FAIRNESS IN RAISING ASSESSMENTS AND DISPUTES BEFORE THE TAX COURT

TAX & EXCHANGE CONTROL

TAX AND EXCHANGE CONTROL ALERT

FROM POWERFUL PARTNERSHIPS COME POWERFUL SOLUTIONS. Budget Pocket Guide 2018/2019 TAX & EXCHANGE CONTROL

AFRICA PRACTICE. Abidjan, Cote d Ivoire

ALERT DISPUTE RESOLUTION ISSUE IN THIS 3 OCTOBER 2018 A TENDER TO PAY DOES NOT CONSTITUTE PERFORMANCE BUT...

ALERT TAX AND EXCHANGE CONTROL ISSUE IN THIS 8 APRIL 2016

CONCERNS RAISED ON INTEREST DEDUCTION LIMITATION RULES

ALERT DISPUTE RESOLUTION ISSUE IN THIS 9 MARCH 2016 INTRICACIES OF CROSS BORDER INSOLVENCY AND ITS APPLICATION IN SOUTH AFRICAN COURTS

TAX PRESERVATION ORDERS IN THIS ISSUE. ALERT l 17 OCTOBER 2014 PRESERVATION ORDERS SARS MUST CHOOSE ITS REMEDIES

ALERT EXCHANGE CONTROL ISSUE IN THIS 16 MARCH 2018

ALERT REAL ESTATE AND DISPUTE RESOLUTION ISSUE IN THIS 6 APRIL 2016

ALERT 02 MAY 2014 IN THIS ISSUE TAX SUCCESSIVE CORPORATE

TAX ALERT REGISTRATION OF AN EXTERNAL COMPANY IN THIS ISSUE 25 MAY Registration of an external company. No more exit charge? EVERYTHING MATTERS

TAX AND EXCHANGE CONTROL ALERT

ALERT 13 JUNE 2014 IN THIS ISSUE TAX INVITATION TO SEMINAR: TO PREF OR NOT TO PREF

TAX AND EXCHANGE CONTROL ALERT

ALERT 30 MAY 2014 IN THIS ISSUE TAX

THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN JUDGMENT

ALERT TAX AND EXCHANGE CONTROL ISSUE IN THIS 8 SEPTEMBER 2017 THE BEPS EFFECT - HAS LORD TOMLIN S FAMOUS 1936 DICTUM BECOME OBSOLETE?

ALERT 25 JULY 2014 IN THIS ISSUE TAX CONTRIBUTED TAX CAPITAL IN A COMPANY CONTEXT

Respondent (the Commissioner) made under case number GAJB ,

ALERT COMPETITION ISSUE IN THIS 13 APRIL 2016 COMPETITION COMMISSION REJECTS EXEMPTION APPLICATIONS LITTLE PIG, LITTLE PIG, LET ME IN

CORPORATE & COMMERCIAL

TAX ALERT IN THIS ISSUE THE ANNOUNCEMENT OF THE VOLUNTARY DISCLOSURE PROGRAMME ANY QUESTIONS? COME DISCUSS THEM WITH SARS AT OUR OFFICES

THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN JUDGMENT

IN THE LABOUR COURT OF SOUTH AFRICA, HELD AT JOHANNESBURG

MATTERS COMPETITION IN THIS ISSUE TRIBUNAL RULES ON INTERLOCUTORY APPLICATION IN PIONEER FISHING CASE

ALERT 7 MARCH 2014 IN THIS ISSUE TAX VALUE SHIFTING ARRANGEMENTS STILL APPLICABLE TO COMPANIES AND TRIGGERING ADVERSE TAX IMPLICATIONS

THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG SOUTH AFRICAN REVENUE SERVICES

IN THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN CHEVRON SOUTH AFRICA (PROPRIETARY) LIMITED

[1] The appellant who is before us pursuant to leave granted by the court a. with effect from 23 December It is common cause that the dismissal

REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT

REPUBLIC OF SOUTH AFRICA IN THE LABOUR OF SOUTH AFRICA COURT, JOHANNESBURG JUDGMENT HLABISI MASEGARE AND OTHERS

THE LABOUR COURT OF SOUTH AFRICA, HELD IN JOHANNESBRUG

IN THE LABOUR APPEAL COURT OF SOUTH AFRICA, DURBAN

ALERT DISPUTE RESOLUTION ISSUE IN THIS 5 OCTOBER 2016 INSURANCE LAW: BUSINESS RESCUE, RESTRUCTURING AND INSOLVENCY: THE REAL HEAT OF VELDFIRES

TAX & EXCHANGE CONTROL

Transcription:

4 JUNE 2018 EMPLOYMENT IN THIS ISSUE DROP IN THE PRESCRIBED RATE OF INTEREST The Prescribed Rate of Interest Act, No 55 of 1975 (PRIA) provides that if a debt bears interest, the prescribed rate of interest becomes applicable. The only exceptions to this general rule is if a different interest rate is set by any other law, trade custom or agreement between the parties. THE RIGHT TO A FAIR HEARING IS A TWO-WAY STREET An arbitrator is obliged to ensure that both parties are afforded a fair hearing when determining a dismissal dispute. The Labour Court confirmed this requirement when it reviewed and set aside an arbitration award in the matter of Pick n Pay (Bloemgate) V Rampai No & Others (LC) unreported case no JR 108/15 (28 March 2018). 1 EMPLOYMENT ALERT 4 June 2018

DROP IN THE PRESCRIBED RATE OF INTEREST According to the PRIA, the prescribed rate of interest is calculated by adding 3.5% to the repurchase rate. The Prescribed Rate of Interest Act, No 55 of 1975 (PRIA) provides that if a debt bears interest, the prescribed rate of interest becomes applicable. The only exceptions to this general rule is if a different interest rate is set by any other law, trade custom or agreement between the parties. The only exception to this general rule is if the arbitrator makes a ruling to the contrary. According to the PRIA, the prescribed rate of interest is calculated by adding 3.5% to the repurchase rate. Therefore, in order to calculate the prescribed rate of interest, one relies on the repurchase rate (which changes from time to time). Litigants must ensure that they use the most recent and correct prescribed rate of interest when instituting any legal proceedings that includes a claim for interest. In terms of claims for interest in certain labour disputes, s143(3) of the Labour Relations Act, No 66 of 1995 is relevant. Section 143(3) states that an arbitration award (sounding in money) earns interest from the date of the award at the prescribed rate of interest. The only exception to this general rule is if the arbitrator makes a ruling to the contrary. This alert discusses the recent drop in the prescribed rate of interest. The discussion is important for litigation that involves a claim for interest. In March 2018, the Monetary Policy Committee of the South African Reserve Bank (SARB) decreased the benchmark interest rates by 25 basis points as follows: BENCHMARK INTEREST RATE PREVIOUS RATE NEW RATE Repurchase rate 6.75% 6.5% Prime lending rate 10.25% 10% CHAMBERS GLOBAL 2014-2018 ranked our Employment practice in Band 2: Employment. Aadil Patel ranked by CHAMBERS GLOBAL 2015-2018 in Band 2: Employment. Hugo Pienaar ranked by CHAMBERS GLOBAL 2014-2018 in Band 2: Employment. Fiona Leppan ranked by CHAMBERS GLOBAL 2018 in Band 2: Employment. Gillian Lumb ranked by CHAMBERS GLOBAL 2017-2018 in Band 4: Employment. Gavin Stansfield ranked by CHAMBERS GLOBAL 2018 in Band 4: Employment. 2 EMPLOYMENT ALERT 4 June 2018

DROP IN THE PRESCRIBED RATE OF INTEREST CONTINUED SARB announced that the benchmark interest rates remain unchanged. According to SARB, the decrease can be attributed to various factors including domestic political developments and recent dollar weakness. The decrease in the repurchase rate has resulted in a drop in the prescribed rate of interest. On 20 April 2018, the Minister of Justice and Correctional Services published a notice in the Government Gazette on the revised prescribed rate of interest. With effect 1 May 2018, the prescribed rate of interest dropped from 10.25% to 10%. On 24 May 2018, SARB announced that the benchmark interest rates remain unchanged. The prescribed rate of interest therefore remains at 10% (until further notice). Aadil Patel, Shane Johnson and Mamello Thulare Cliffe Dekker Hofmeyr BAND 2 Employment EMEA 2009-2018 Recommended us in TIER 2 Employment 8 YEARS IN A ROW CDH has been named South Africa s number one large law firm in the PMR Africa Excellence Awards for the eighth year in a row. 3 EMPLOYMENT ALERT 4 June 2018

THE RIGHT TO A FAIR HEARING IS A TWO-WAY STREET The employee, was dismissed for gross negligence arising from till shortages in the amount of approximately R212 for the month of July 2014. An arbitrator is obliged to ensure that both parties are afforded a fair hearing when determining a dismissal dispute. The Labour Court confirmed this requirement when it reviewed and set aside an arbitration award in the matter of Pick n Pay (Bloemgate) V Rampai No & Others (LC) unreported case no JR 108/15 (28 March 2018). On review at the Labour Court, Pick n Pay argued that the Arbitrator unreasonably refused it an opportunity to call a critical witness in order to prove the calculation of the till shortage. The employee, Mokoena, was dismissed for gross negligence arising from till shortages in the amount of approximately R212 for the month of July 2014. In terms of the employer s (Pick n Pay) disciplinary code, till shortages over an amount of R100 are deemed to constitute gross negligence. Whilst the Arbitrator accepted that the policy in respect of till shortages was valid, known and understood by Mokoena, he found that Pick n Pay was unable to prove that Mokoena breached the policy as Pick n Pay failed to explain the calculation of the till shortage. The Arbitrator subsequently found that the dismissal was substantively unfair but procedurally fair. The Arbitrator ordered Pick n Pay to retrospectively reinstate Mokoena. During the arbitration, the amount of the till shortage became an issue in dispute. The Pick n Pay representative, who also testified as the main witness in the matter, indicated to the Arbitrator that he could not explain the method of calculation and requested a postponement in order to call the appropriate witness who conducts the calculations on a daily basis. The representative explained that he did not anticipate the need to call the particular witness to testify at the arbitration as the amount of the till shortage was not disputed during the disciplinary enquiry. The Arbitrator berated the Pick n Pay representative for not ensuring the presence of the witness and refused to allow the postponement. At the arbitration, the chairperson of the initial disciplinary enquiry (Du Plooy) was called by Pick n Pay. During crossexamination, Mokoena s representative did not question Du Plooy about the amount of the till shortage. Instead, the Arbitrator elected to question Du Plooy about his finding that Mokoena was responsible for the till shortage. In response, Du Plooy explained that a specific calculated amount was presented during the disciplinary enquiry. Du Plooy stated that this amount was not disputed during the disciplinary enquiry. At the close of Du Plooy s evidence, the Arbitrator simply enquired as to whether Pick n Pay wished to close its case but failed to enquire whether Pick n Pay intended to call a further witness to explain how the amount of the till shortage was calculated. On review at the Labour Court, Pick n Pay argued that the Arbitrator unreasonably refused it an opportunity to call a critical witness in order to prove the calculation of the till shortage. In addition, Pick n Pay also argued that it was the Arbitrator who raised the point of the calculation of the till shortage whereas Mokoena based her case on the fact that she had already been penalised when the till shortage was deducted from her salary. The Labour Court found that it was clear that Pick n Pay did not have a reason (prior to the Arbitration) to call a witness to explain the calculation of the till shortage. There was also no evidence before 4 EMPLOYMENT ALERT 4 June 2018

THE RIGHT TO A FAIR HEARING IS A TWO-WAY STREET CONTINUED This judgment is a reminder that the right to a fair hearing is not solely for the benefit of the employee but also extends to the employer in advancing its case. the Arbitrator that would infer that the calculation of the till shortage was an issue in dispute during the initial disciplinary enquiry. Once Pick n Pay became aware of this issue, the representative made repeated requests to call the relevant witness and requested a postponement in order to do so. Instead of dealing with the request for a postponement, the Arbitrator chastised the employer for not having secured the witness prior to the commencement of the Arbitration. The Labour Court found that the Arbitrator s conduct of refusing Pick n Pay an opportunity to call a critical witness was a dereliction of his duty and consequently; this deprived Pick n Pay of a fair hearing. In addition, the Labour Court found that the Arbitrator committed a reviewable irregularity by distorting the effect of a vital finding. Accordingly, the Arbitration Award was set aside and remitted for rehearing before a different Arbitrator consisting of the original record and allowing the parties to call additional witnesses, specifically regarding the calculation of the amount of the till shortage and the appropriateness of the sanction of dismissal. This judgment is a reminder that the right to a fair hearing is not solely for the benefit of the employee but also extends to the employer in advancing its case. It is also useful to note that a pre-arbitration conference could have avoided this matter entirely as the issues in dispute would have been clarified by the parties beforehand. Samiksha Singh and Siyabonga Tembe Michael Yeates was named the exclusive South African winner of the ILO Client Choice Awards 2015 2016 in the category Employment and Benefits as well as in 2018 in the Immigration category. 5 EMPLOYMENT ALERT 4 June 2018

Employment Strike Guideline Find out what steps an employer can take when striking employees ignore court orders. Click here to find out more Best Lawyers 2018 South Africa Edition Included 53 of CDH s s across Cape Town and Johannesburg. Recognised Chris Charter as Lawyer of the Year for Competition Law (Johannesburg). Recognised Faan Coetzee as Lawyer of the Year for Employment Law (Johannesburg). Recognised Peter Hesseling as Lawyer of the Year for M&A Law (Cape Town). Recognised Terry Winstanley as Lawyer of the Year for Environmental Law (Cape Town). Named Cliffe Dekker Hofmeyr Litigation Law Firm of the Year. Named Cliffe Dekker Hofmeyr Real Estate Law Firm of the Year. CLICK HERE FOR THE LATEST SOCIAL MEDIA AND THE WORKPLACE GUIDELINE 6 EMPLOYMENT ALERT 4 June 2018

OUR TEAM For more information about our Employment practice and services, please contact: Aadil Patel National Practice Head T +27 (0)11 562 1107 E aadil.patel@cdhlegal.com Gillian Lumb Regional Practice Head T +27 (0)21 481 6315 E gillian.lumb@cdhlegal.com Kirsten Caddy T +27 (0)11 562 1412 E kirsten.caddy@cdhlegal.com Thabang Rapuleng T +27 (0)11 562 1759 E thabang.rapuleng@cdhlegal.com Samiksha Singh T +27 (0)21 481 6314 E samiksha.singh@cdhlegal.com Gavin Stansfield T +27 (0)21 481 6313 E gavin.stansfield@cdhlegal.com Sean Jamieson T +27 (0)11 562 1296 E sean.jamieson@cdhlegal.com Devon Jenkins T +27 (0)11 562 1326 E devon.jenkins@cdhlegal.com Prencess Mohlahlo T +27 (0)11 562 1875 E prencess.mohlahlo@cdhlegal.com Jose Jorge T +27 (0)21 481 6319 E jose.jorge@cdhlegal.com Michael Yeates T +27 (0)11 562 1184 E michael.yeates@cdhlegal.com Zola Mcaciso T +27 (0)21 481 6316 E zola.mcaciso@cdhlegal.com Fiona Leppan T +27 (0)11 562 1152 E fiona.leppan@cdhlegal.com Ndumiso Zwane T +27 (0)11 562 1231 E ndumiso.zwane@cdhlegal.com Prinoleen Naidoo T +27 (0)11 562 1829 E prinoleen.naidoo@cdhlegal.com Hugo Pienaar T +27 (0)11 562 1350 E hugo.pienaar@cdhlegal.com Steven Adams Senior T +27 (0)21 481 6341 E steven.adams@cdhlegal.com Bheki Nhlapho T +27 (0)11 562 1568 E bheki.nhlapho@cdhlegal.com Nicholas Preston T +27 (0)11 562 1788 E nicholas.preston@cdhlegal.com Anli Bezuidenhout Senior T +27 (0)21 481 6351 E anli.bezuidenhout@cdhlegal.com Nonkululeko Sunduza T +27 (0)11 562 1479 E nonkululeko.sunduza@cdhlegal.com Anelisa Mkeme Senior T +27 (0)11 562 1039 E anelisa.mkeme@cdhlegal.com Siyabonga Tembe Employment T +27 (0)21 481 6323 E siyabonga.tembe@cdhlegal.com BBBEE STATUS: LEVEL TWO CONTRIBUTOR Cliffe Dekker Hofmeyr is very pleased to have achieved a Level 2 BBBEE verification under the new BBBEE Codes of Good Practice. Our BBBEE verification is one of several components of our transformation strategy and we continue to seek ways of improving it in a meaningful manner. This information is published for general information purposes and is not intended to constitute legal advice. Specialist legal advice should always be sought in relation to any particular situation. Cliffe Dekker Hofmeyr will accept no responsibility for any actions taken or not taken on the basis of this publication. JOHANNESBURG 1 Protea Place, Sandton, Johannesburg, 2196. Private Bag X40, Benmore, 2010, South Africa. Dx 154 Randburg and Dx 42 Johannesburg. T +27 (0)11 562 1000 F +27 (0)11 562 1111 E jhb@cdhlegal.com CAPE TOWN 11 Buitengracht Street, Cape Town, 8001. PO Box 695, Cape Town, 8000, South Africa. Dx 5 Cape Town. T +27 (0)21 481 6300 F +27 (0)21 481 6388 E ctn@cdhlegal.com 2018 2421/JUN EMPLOYMENT cliffedekkerhofmeyr.com