March 2020


Editor's Note - March 2020 Editor's Note March 2020

The 30th anniversary of Nelson Mandela's 'long walk to freedom' was commemorated globally on the 11th of February. There are few people who were old enough to recognise how momentous the event was, who do not remember that moment, when he walked out of jail, and exactly where they were.

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The proposed section 25 amendment: to enable expropriation without compensation? Constitutional Law March 2020

An amendment of s25 of the Constitution has been on the cards for a while. It is specifically aimed at, supposedly, enabling expropriation of land without compensation.

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Afriforum’s submission on amending s25 of the Constitution Constitutional Law March 2020

This article is extracted from the Afriforum submission on amending s25 of the Constitution and addresses 11 issues.

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SONA and EFF MPs: WTF? Constitutional Law March 2020

During the last weekend of January, the President of the EFF, addressing supporters in the Masuma municipality ahead of an upcoming by-election, described his party as the "most peaceful organisation". This ostensibly benevolent proclamation brooked contradiction almost immediately, as later on in the same speech the Commander-in-Chief of the red berets posed a thinly veiled threat to the President of the Republic, stating, "I want to tell Cyril Ramaphosa today, that if he can't fire Pravin before the State of the Nation Address, the State of the Nation shall be without Pravin."

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A courtly stand against sexual violence Human Rights Law March 2020

Are the courts taking cognisance of the scourge of sexual violence in our country? Two recent judgments have approached the issue of sexual violence and harassment head on, each taking important and strong stances on the issue. One, the Constitutional Court's Tshabalala judgment (Tshabalala v S, Ntuli v S (CCT323/18; CCT69/19[2019] ZACC 48 (11 December 2019)) deals with the criminal law doctrine of common purpose. The court held that the doctrine is applicable to the common law crime of rape and rejected the instrumentalist approach put forward by the applicant and many earlier court judgments.

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Advocacy in South Africa – The myth of 16 Days of Activism Human Rights Law March 2020

There is no doubt that gender inequality lies at the heart of most of the problems in our society. It is foundational to violence and abuse of women, which is the focus of the "16 Days of Activism". Numerous international and regional instruments have painstaking provisions directed at the elimination of gender- based inequality. Many countries subscribe to these instruments. Like constitutions, with high sounding phrases and great ideals, these instruments are written on paper; their observance and real impact traditionally depended on the will of governments, stakeholders, activists and a vigilant civil society. The ANC's parliamentary caucus has declared gender-based violence a national disaster and, once again, there have been calls from some sectors for a referendum on the death penalty.

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The World in February - March 2020 International March 2020

Hollywood actor Kirk Douglas has died, aged 103. He starred in films such as "Spartacus" and "Lust for life". Although a legend in the film world and nominated for three Oscars, he never won but received a lifetime achievement award in 1996. He donated millions to philanthropic causes, and was a goodwill ambassador for the United States. He and his wife Anne had been married for 65 years at the time of his death.

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Tales from the US of A... - March 2020 International March 2020

Lawyer reprimanded for lifting quotes on judicial application

An Arizona lawyer has been reprimanded for lifting quotes from US Supreme Court justices in her application for a seat on the state's Court of Appeals. The lawyer withdrew her application after news stories reported that she lifted lines almost word for word from confirmation hearing remarks by Justices Gorsuch and Alito without attribution to the source. For instance the lawyer wrote "Putting on a robe should remind a judge that it's time to lose her ego and open her mind". Gorsuch said, "Putting on a robe reminds us that it's time to lose our egos and open our minds". And, "A legal case isn't just some number or a name; it is person, it is a life story". Gorsuch said "A legal case isn't just some number or a name but a life story". - Debra Cassens Weiss February 3

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National News - March 2020 National News March 2020

Cliffe Dekker Hofmeyr

Promotions: Senior Associate: Corporate & Commercial – Kate Anderson, Batool Hayath, Andrew Gilliam and Christine Bodenstein. Dispute Resolution – Denise Durand, Andrew MacPherson, Pauline Manaka, Siviwe Mcetywa and Neha Dhana. Employment – Bheki Nhlapho and Sean Jamieson. Real Estate – Robyn Geswindt. Tax – Louis Botha. TMT – Aphindile Govuza. Trusts & Estates – Emily West.

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INTRODUCTION - March 202 M&A FEATURE March 2020

In 2000, Gleason Publications saw a gap in the M&A and general corporate finance industry: there were league and ranking tables drawn up by international firms that included South Africa as part of Africa, but noone had a South African operation that objectively tracked activity in the industry.

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THE BEST OF THE BEST M&A FEATURE March 2020

Marylou Greig, Editor of DealMakers, observed in the DealMakers' Gold Medal Issue 2019, 'In 2000, the value recorded for M&A listed activity, for JSE-listed companies, was R209bn from a total of 534 deals. In 2019, the value of successful M&A deals for South African exchange-listed companies stood at R421bn from a total of 463 deals'.

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SOUTH AFRICAN M&A – ON THE RIGHT TRACK BUT CHALLENGES REMAIN M&A FEATURE March 2020

South Africa is experiencing a prolonged period of political and economic uncertainty. However, the country's commitment to improving the local investment environment, combined with signs of future economic improvement, have resulted in increases in M&A value and volume predictions for South Africa in 2021 and 2022.

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