Industrial Development Corporation v Modika : Can a protected disclosure stop a disciplinary hearing?

The Constitutional Court on post-commencement creditors in Salungano Group Ltd v Mashwayi Projects (Pty) Ltd and Others; Ndalamo Coal (Pty) Ltd v Mashwayi Projects (Pty) Ltd and Others [2026] ZACC 38.  In this long-anticipated and landmark decision, theConstitutional Court clarified the interpretation of creditor rights in South African business rescue proceedings. The question before it was whether post-commencement creditors (those who become creditors after business rescuehas begun) have the right to vote on a business rescue plan. The court's short answer: no.  In this podcast, Director Lucinde Rhoodie and Associate Lara Sneddon in the Dispute Resolution practice unpack our apex court's reasoning and explore the consequences of this judgment, particularly its effect on post-commencementcreditors.

What do you really know about sick leave in South Africa, and what is it costing the economy?In this CDH Conversations podcast, JJ van der Walt and Chantell De Gouveia in the Employment Law practice unpack the sick leave framework under the Basic Conditions of Employment Act, examine what the statistics show about how sick leave is used, consider the economic cost of absenteeism and presenteeism, and discuss the legal consequences of sick leave abuse, including a recent CCMA case involving a social media soccer pundit with 1.3 million followers who was caught on camera while booked off sick.

When an employee claims to be a whistleblower, can an employer continue with disciplinary proceedings?In the latest episode of CDH Conversations, Thabang Rapuleng and Thato Makoaba in the Employment Law practice explore the Labour Appeal Court’s judgment in Industrial Development Corporation of South Africa v Modika, which provides important guidance on protected disclosures, disciplinary proceedings, and section 188A(11) of the Labour Relations Act.The discussion unpacks when an employee may require a pre-dismissal arbitration instead of an internal disciplinary hearing, why not every workplace grievance qualifies as a protected disclosure, and the importance of establishing a link between the disclosure and the alleged occupational detriment.They discuss:When a protected disclosure may affect ongoing disciplinary proceedings.The role of the CCMA and other authorised bodies in accepting section 188A(11) referrals.Why employers should investigate complaints and maintain a clear record of events.The circumstances in which courts may intervene in ongoing disciplinary proceedings.Listen to the podcast to explore the judgment and its practical implications for employers, HR professionals and labour law practitioners.

In this episode of Njeri Talks, Njeri sits down with Njeri Wagacha talks Liz Fanning, Founder and CEO at CorpsAfrica, to explore her journey from serving as a Peace Corps volunteer to building an organisation focused on young people and high-poverty rural communities across Africa.Liz reflects on an experience with a young Moroccan woman that stayed with her for 20 years and influenced the way she thinks about development and volunteerism. The conversation also explores African-led development, local ownership, youth engagement, job creation, funding, and what it means to create sustainable impact. A key theme throughout the conversation is the importance of listening to communities and letting Africans identify solutions to the challenges they face.The episode also explores how CorpsAfrica connects young people with rural communities and supports youth-led organisations working to solve problems within their own communities.

In this episode of Njeri Talks, Njeri Migwi, Founder of Usikimye, reflects on six years on the front lines, not only supporting survivors but also witnessing how institutions, policies, and social norms can either protect people or leave them without options.Gender-based violence is a crisis. But it's also a systems problem.This isn't just a conversation about violence. It's about what allows that violence to persist:Why survivors struggle to leave.Why many cases never reach justice.Why safe houses, trained responders, and properly funded systems matter.And why ending gender-based violence requires more than public outrage.Whether you're a lawyer, policymaker, employer, or simply a citizen, this conversation challenges us to ask an important question: What responsibility do we each carry in changing the system?Watch the full episode and join the conversation here  *The views and opinions expressed in this videocast and podcast are solely those of the speakers. Any information provided is for general informational purposes only and should not be taken as legal advice or an endorsement.

In this episode of the Untangling Tax series, Alex Kanyi, Partner in the Tax & Exchange Control practice,  is joined by Josephine Mugure from the Policy & Tax Advisory Department at the Kenya Revenue Authority and Christine Maina, Chief Executive Officer – East Africa Venture Capital Association, to discuss the reforms and what they mean beyond the text of the law.The discussion looks at Kenya’s attractiveness to investors, with Christine noting that Kenya remains a strong market for venture capital and private equity, supported by its deep capital markets, good talent and professional advisory firms. However, changes in tax policy can cause investors to pause or reconsider closing deals, highlighting the importance of certainty and predictability in the tax environment.Josephine also highlights some of the opportunities created by the Finance Act 2026, including the tax amnesty, incentives for Real Estate Investment Trusts (REITs), and the removal of PIN requirements for non-residents opening investment bank accounts. Christine also acknowledges the Government’s willingness to listen to tax proposals and respond to feedback from investors and the wider public.Finally, Alex highlights the importance of early and meaningful engagement with KRA and the National Treasury. Josephine encourages businesses and investors to put forward practical proposals, supported by data and numbers, to help inform tax policy development.Looking ahead, the speakers consider Kenya’s tax policy over the next three to five years, including the expected implementation of a further Medium-Term Revenue Strategy, with the aim of strengthening predictability and certainty in Kenya’s tax environment.

CDH Conversations Podcast launches the first episode of the #helloCDHalumni series.In this episode, Aadil Patel, Director and Practice Head in the Employment Law practice, reconnects with former Cliffe Dekker Candidate Attorney and Associate, Dr Thandiwe Matthews, now a Lecturer at the Wits School of Governance.Aadil fondly recalls the feisty discussions he shared with Thandiwe during her time at the firm. From those robust debates to a career spanning academia, human rights and public service, Dr Matthews reflects on how the discipline, mentorship and foundations built during her time at CDH continue to shape her professional journey. Together, they explore the lasting value of articles, career growth, and why investing in your early years pays dividends throughout your career.Click here to listen to the podcast.

In Part 2 of this conversation, Teresa Njoroge shares how what seemed like the end of her story became the beginning of a greater purpose. After leaving prison, she refused to let her experience define her. Instead, she founded Clean Start Africa, creating a path of hope, dignity, and restoration for women seeking a second chance at life.Teresa reflects on how adversity became impact, the lessons she learned through one of the most difficult chapters of her life, and how her journey is now transforming the lives of many others. Her story is a powerful reminder that some endings are, in fact, new beginnings.Listen to the podcast here.Watch the videocast here:  https://youtu.be/ws3UpiyffG0Listen to Part 1 here.*The views and opinions expressed in this videocast and podcast are solely those of the speakers. Any information provided is for general informational purposes only and should not be taken as legal advice or an endorsement. 

This month, Njeri talks to Teresa Njoroge, Founder & CEO of Clean Start Africa. Teresa spent 10 years building a banking career she had dreamed of since she was nine years old. Then a 9.9-million-shilling fraudulent transaction, one she didn't commit, walked through her branch. Everything checked out. The ID. The signature. The client. Everything. Except the CCTV. Which was conveniently blank. What followed was an arrest, a night on a police cell floor, and, in Teresa's words, a system that seemed designed to break her. She recalls being told, 'You have been handpicked to carry the cross'. In Part 1 of this conversation, Teresa walks us through the transaction, the arrest, her first night in custody, and what it felt like to be swallowed by a system she had done nothing to deserve. Don't miss Part 2, where we dive even deeper into the discussion and explore how Teresa turned what seemed like the end of her story into a blessing through the business she built. Look out for Part 2, coming soon!*The views and opinions expressed in this videocast and podcast are solely those of the speakers. Any information provided is for general informational purposes only and should not be taken as legal advice or an endorsement. 

What happens when creativity meets community meets technology?In this episode of the CDH Women Empowerment series, CDH Director Tayyibah Suliman talks to Michelle Swartland, Operations Manager at the MiDO Foundation about building digital hubs in under-resourced Stellenbosch schools, equipping young people with skills from email basics to cybersecurity awareness, and launching the CyberPower Girls programme, a Commonwealth-funded initiative teaching teenage girls to protect themselves online. A story about "warmware", women in tech, and the power of simply keeping going.