CDH Conversations

Since 2011, CDH's Pro Bono & Human Rights practice (Pro Bono practice) has been at the heart of our firm's commitment to making a real difference. Over the past decade, our Pro Bono practice has passionately championed the cause of public interest, providing pro bono legal support to clients in need.The decision to establish a dedicated practice was motivated by our belief in giving back to the communities in which we operate and in the power of the legal profession to spark positive change.But our contribution to access to justice doesn’t end with our Pro Bono practice. Across our entire firm, fee-earners have eagerly and generously volunteered their expertise to provide pro bono assistance. This collective effort demonstrates our firm's commitment to social justice and our belief that access to quality legal representation should never be a privilege, but a right.In Episode 3 of our series, Justice and Public Interest on the Mic, Elgene Roos, Senior Associate in the Pro Bono & Human Rights practice, explores vital pathways to citizenship under the South African Citizenship Act 88 of 1995. This episode delves into sections 2(2), 2(3), and 4(3), highlighting the significance of citizenship rights and the laws that protect them. Elgene is joined by esteemed guests, Jacquie Cassette, Director, and Practice Head of the Pro Bono & Human Rights practice and Palesa Maloisane, an Attorney from Lawyers for Human Rights. Together, they shed light on the importance of citizenship as both a legal status and a cornerstone of belonging within the community. Tune in to gain insights into how CDH's pro bono work promotes justice and access to citizenship for all South Africans.

Since 2011, CDH's Pro Bono & Human Rights practice (Pro Bono practice) has been at the heart of our firm's commitment to making a real difference. Over the past decade, our Pro Bono practice has passionately championed the cause of public interest, providing pro bono legal support to clients in need. The decision to establish a dedicated practice was motivated by our belief in giving back to the communities in which we operate and in the power of the legal profession to spark positive change.But our contribution to access to justice doesn’t end with our Pro Bono practice. Across our entire firm, fee-earners have eagerly and generously volunteered their expertise to provide pro bono assistance. This collective effort demonstrates our firm's commitment to social justice and our belief that access to quality legal representation should never be a privilege, but a right.In the second episode of Justice and Public Interest on the Mic podcast series, Mbonisi Ndlovu, Associate in the Trusts & Estates practice joins Thobeka Dhlamini, Candidate Attorney in the Pro Bono & Humans Rights practice. Together, they delve into the intricate world of trusts and estates, shedding light on their significant role in pro bono matters.Tune in as they unravel the complexities of trusts and estates law, exploring the nuances of creating and managing trusts. And discover how our Trusts & Estates team at CDH is committed to giving back to the community through volunteer work at the Master of the High Court's Helpdesk.  

Since 2013, CDH's Pro Bono & Human Rights practice (Pro Bono practice) has been at the heart of our firm's commitment to making a real difference. Over the past decade, our Pro Bono practice has passionately championed the cause of public interest, providing pro bono legal support to clients in need. The decision to establish a dedicated practice was motivated by our belief ingiving back to the communities in which we operate and in the power of the legal profession to spark positive change. Access to justice is a fundamental right, and Cliffe Dekker Hofmeyr (CDH) is committed to making that right a reality through its Pro Bono services. In this episode, ThobekaNomazizi Dhlamini, Candidate Attorney is joined by our Nairobi team, Brian Muchiri, Senior Associate and Lauriene Maingi, Associate, to discuss the critical legal issues addressed through their Pro Bono work in Kenya. They willexplore the diverse range of cases handled by the Nairobi office, providing insights into the challenges faced by vulnerable groups and the ways in which Pro Bono legal assistance has provided crucial support. Join us for adiscussion on the importance of Pro Bono services and hear insightful matters of impact in our Nairobi office.

Since 2011, Cliffe Dekker Hofmeyr's (CDH) Pro Bono & Human Rights Practice (Pro Bono Practice) has been at the heart of our firm's commitment to making a real difference.Over the past decade, our Pro Bono Practice has passionately championed the cause of public interest, providing pro bono legal support to clients in need. The decision to establish a dedicated practice was motivated by our belief  in giving back to the communities in which we operate and in the power of the legal profession to spark positive change. But our contribution to access to justice doesn’t end with our Pro Bono Practice.  Across our entire firm, fee-earners have eagerly and generously volunteered their expertise to provide pro bono assistance. This collective effort demonstrates our firm's commitment to social justice and our belief that access to quality legal representation should never be a privilege, but a right.  In the launch of our exciting new podcast series, "Justice and Public Interest on the Mic", we're thrilled to introduce you to Jacquie Cassette, the Head of our Pro Bono Practice and Director in our Johannesburg office; Brigitta Mangale, Director in our Cape Town office; and Thobeka Dhlamini, a Candidate Attorney in our Johannesburg office. Together, they discuss the heart of our Practice's mission, sharing the work we do and the challenges and successes that shape our work. Join them, as they reveal what's in store for this series, highlighting the true impact of our efforts and the lives we've touched. 

Join the 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. 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. In the first episode, we are joined by panellists Judge Margaret Victor, Rehana Khan Parker (Director of WOZA Women in Law & Leadership Academy), Subashnee Moodley (Director of WOZA Leadership Academy) and Laura Dlepu (Co-director WOZA Leadership NPC) hosted by Director and Head of Oil & Gas, Megan Rodgers. Together they discuss the centennial celebrations of women in law and the role WOZA has played towards ensuring an inclusive future in the legal services profession for women. The panelists also highlight the WOZA Awards which celebrates and recognises the achievements of women in law. Over the last 100 years, we witnessed the emergence of powerful female lawyers. 

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 relationshipsThe power of listening and creating safe spaces for growthLessons from mentorship missteps and the value of emotional intelligenceHow mentorship can advance women’s careers and shift workplace cultureThis 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 the latest episode of our CDH Women Empowerment series we are joined by Lebohang Mabidikane in the Competition Law practice and Kuda Chimedza in the Banking, Finance & Projects practice.In a raw and inspiring conversation, Lebohang shares a story that breaks the mould of the traditional legal journey. From becoming a mother straight after matric, working at a bank, and returning to university at 24, to navigating the intensity of articles at a top-tier firm and rediscovering her purpose at the Competition Commission, Lebohang’s path to partnership was anything but linear.This is a story of resilience, rediscovery, and rewriting the script. One that encourages future legal professionals, especially women, to define success on their own terms.Click here to watch the full story and be reminded that the law has many paths, and the most powerful one is the one that works for you.

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.

In this episode of our Justice and Public Interest on the Micpodcast series, Paige Winfield is joined by Alysa Bunting, to discuss CDH’s involvement in ongoing inquests into apartheid-era crimes, including the Cradock Four and Highgate Hotel Massacre. The conversation explores the historical significance of these matters, the legal process of reopening inquests decades later, and the ongoing pursuit of justice. In support of the Foundation for Human Rights' programme, the Unfinished Business of the Truth and Reconciliation Commission (TRC), CDH represents families and victims still seeking accountability nearly 30 years after the TRC. Tune in to hear how justice, even when delayed, can still be pursued with purpose.Additionally, you may click here to access the Foundation for Human Rights' website for the constitutional case referenced in the podcast. Link - Constitutional Damages Case – TheTruth and Reconciliation Commission  

When a company goes into business rescue, every creditor ofthat company, understandably, becomes concerned. Landlords are no exception, as business rescue limits and curtails certain creditors' rights. The amendments brought about by section 135 (1A) of the Companies Act 71 of 2008 have at least brought a little sigh of relief to landlords. The amendment provides for the costs in respect of and not exceeding the aggregate for all public utility services such as the company in business rescue's share of rates and taxes,electricity, water and sanitation paid by the landlord on behalf of the lessee to constitute post commencement finance. The position before the amendments was that these costs formed part of the landlord's unsecured claim.   In this podcast Lucinde Rhoodie and Muwanwa Ramanyimi, in the Dispute Resolution practice unpack the amendments as well as the landlord's rights to cancel lease agreements and to bring eviction proceedings against the company in business rescue.