The Cox Yeats Podcast

Welcome to Season 3 of The Cox Yeats Podcast! In episode 5, host Harshita Kapoor is joined by Sunil Hansjee, a partner at Cox Yeats Attorneys with over a decade of experience in employment and labour law. He unpacks the recent implementation of the new Code of Good Practice regulating dismissals in South Africa, highlighting key amendments and what they mean for both employers and employees. Whether you’re running a small business or employed in a large organisation, this episode provides practical insights into evolving legal requirements, with a particular focus on procedural fairness, definitions of incompatibility, and more. 

Sunil is recognized for his expertise in complex employment matters, occupational health and safety, and litigation. He also serves as an acting judge in the Labour Court of South Africa. With extensive practical experience spanning collective bargaining, organisational restructuring, disciplinary inquiries, and high-profile litigation, Sunil brings insightful, real-world perspectives to today’s discussion. 

 

⏱ Timestamped Overview 

00:30 – Introduction and introducing the guest Sunil Hansjee 
01:16 – What is the Code of Good Practice? 
01:36 – Scope of the Code: Dismissals Only 
02:28 – Notable Amendments: Small Business Enterprises 
04:06 – Defining Small Business Enterprises 
05:01 – Procedural Requirements for Small Businesses 
06:11 – Explaining Incompatibility   
08:09 – Incompatibility and Probationary Employees 
09:19 – Impact of the New Code   
10:21 – Role of CCMA and Dispute Resolution 
11:22 – Consolidation of Dismissal Types. 
12:09 – Procedures for Retrenchments 
12:50 – Repeal of the Old Code 

 

Quote of the Episode 

“Recognising that small businesses shouldn’t have to disrupt their operations just to deal with discipline is a notable amendment. It allows them to focus on their primary objective, trying to make it in very difficult economic times, while still treating employees fairly.” – Sunil Hansjee 

 

👣 Relevant Links 

 
Sunil Hansjee Website: https://www.coxyeats.co.za/Partners/Person/50/Sunil%20%20Hansjee  
Sunil Hansjee LinkedIn: https://www.linkedin.com/in/sunil-hansjee-7354a424/  

 

🌐 Connect with Cox Yeats 

🔗 Website: https://www.coxyeats.co.za/  
📘 LinkedIn: https://za.linkedin.com/company/cox-yeats  
🎧 YouTube Channel: https://www.youtube.com/@coxyeats8892  

 

Disclaimer: This article is for general guidance only and not intended as legal advice. Should readers require legal advice on any relevant issue, they are requested to consult a Cox Yeats professional.

Welcome to Season 3 of The Cox Yeats Podcast! In episode 4, host Harshita Kapoor is joined by Cox Yeats partners Randhir Naicker, Benjamin Meadows, and Jason Goodison for a discussion of the Competition Act’s rules governing mergers and acquisitions in South Africa, when a transaction must be notified, how thresholds are calculated, what the Competition Commission examines (competition and public interest), the practical filing process, and the consequences of getting it wrong. 

Jason Goodison is a competition law practitioner specialising in merger filings, market definition and regulatory strategy; Randhir Naicker advises on transactional competition matters including abuse of dominance and other prohibited practices; and Benjamin Meadows handles all aspects of merger filings and competition law, with experience in unusual transaction circumstances, post-notification engagements and negotiating public interest conditions. 

⏱ Timestamped Overview 

00:30 – Introduction and introducing the guests 
01:00 – The Competition Commission’s role in M&A. 
02:03 – The Act’s core requirement: notify certain transactions pre-implementation. 
02:25 – What qualifies as a “merger”: change in control. 
02:54 – How “control” is assessed (shares, business acquisition, influence). 
03:55 – Intermediate merger thresholds: R100m (target) / R600m (combined). 
04:35 – Large merger thresholds: R190m (target) / R6.6bn (combined) and two-step approval. 
05:46 – How thresholds are calculated (target downward; acquirer consolidated upward). 
06:16 – Small mergers: no automatic notification but the Commission can require it. 
07:17 – Commission guidelines and valuation issues for startups. 
08:10 – Consequences of non-notification: orders to unwind and fines. 
09:33 – When asset purchases can amount to a change of control. 
11:07 – Filing process: start early and submit a joint competitiveness report. 
12:17 – Market analysis: defining markets and calculating overlaps. 
12:38 – Public-interest test: employment and HDP participation concerns. 
14:11 – Common remedies: employee share schemes and no-retrenchment undertakings. 
15:20 – Who must notify joint filing and practical need for legal advisers. 
16:23 – Commission investigation: contact with employees, competitors and customers. 
17:28 – Honest errors vs intentional misleading — different consequences. 
18:21 – Internal restructures: possible carve-outs but assess minority rights case-by-case. 
20:03 – Practical checklist: run threshold tests and obtain professional analysis if marginal. 
20:41 – Closing advice: early engagement, accurate filings and careful market analysis. 

 

Quote of the Episode 

“If you don't get the approval, you can't implement the transaction.” – Benjamin Meadows 

👣 Relevant Links 

 
Jason Goordison Website: Cox Yeats - Jason Goodison 
Jason Goordison LinkedIn: Jason Goodison - Partner at Cox Yeats Attorneys: Business Law, Commercial Litigation, Natural Resources Law, Banking Law. | LinkedIn 

 

Randhir Naicker Website: Cox Yeats - Randhir Naicker 
Randhir Naicker LinkedIn: Randhir Naicker - Partner at Cox Yeats Attorneys: Business Law, Corporate Mergers & Acquisitions, Construction, Engineering & Infrastructure Law, Medical Schemes. | LinkedIn 

 

Benjamin Meadows Website: Cox Yeats - Benjamin Meadows 
Benjamin Meadows LinkedIn: Benjamin Meadows - Partner at Cox Yeats Attorneys | LinkedIn 

 

🌐 Connect with Cox Yeats 

🔗 Website: https://www.coxyeats.co.za/  
📘 LinkedIn: https://za.linkedin.com/company/cox-yeats  
🎧 YouTube Channel: https://www.youtube.com/@coxyeats8892  

 

Disclaimer: This article is for general guidance only and not intended as legal advice. Should readers require legal advice on any relevant issue, they are requested to consult a Cox Yeats professional.

Welcome to Season 3 of The Cox Yeats Podcast! In episode 3, host Harshita Kapoor is joined by Cox Yeats construction and engineering team, Chantal Mitchell, Peter Barnard, and Claudelle Pretorius to unpack the concept of scope of works: what it is, why it often becomes muddled, and how standard-form contracts (JBCC, FIDIC, NEC, GCC) address changes, pricing, and time implications. Expect practical insights from both public and private-sector projects, covering everything from provisional sums to Treasury approvals and critical-path pitfalls.

Chantal, Peter, and Claudelle are construction and engineering law specialists at Cox Yeats Attorneys. They advise employers, contractors, and professionals on contract strategy, tender disputes, variations, extensions of time, and project close-outs across major South African projects.

 

⏱ Timestamped Overview

00:00 – Introduction and introducing the guests
01:28 – Provisional sums & early tenders (e.g., the “R500,000 kitchen” problem)
03:22 – Using the BoQ to price changes (not define scope)
05:13 – Budget diversions mid-project
07:36 – How standard forms handle variations
09:09 – FIDIC (cl.13): employer issues/requests variations; contractor proposals
12:38 – Continuing GCC process and consequences
14:04 – JBCC bars oral instructions; GCC’s practical confirmation approach
15:15 – Acceleration vs EOT (catch-up vs extra time)
18:11 – Treasury approvals causing site standstills & EOT/PS&G knock-ons
20:11 – Move-the-wall example; approved price vs proceed dilemma
22:15 – Often not written into contracts (but still binding via law)
24:45 – What is the critical path?
27:30 – Prevention principle: employer must allow reasonable time
29:45 – Use a live programme; baseline is outdated
33:20 – Employer cautions: approve with full time/cost awareness

 

Quote of the Episode

“The bill of quantities is used to price. It is not used to determine the scope of work.” – Chantal Mitchell

 

👣 Relevant Links

Chantal Mitchell Website: Cox Yeats - Chantal Mitchell
Chantal Mitchell LinkedIn: Chantal Mitchell - Durban, KwaZulu-Natal, South Africa | Professional Profile | LinkedIn

Peter Barnard Website: Cox Yeats - Peter Barnard
Peter Barnard LinkedIn: Peter Barnard - Cox Yeats | LinkedIn

Claudelle Pretorius Website: Cox Yeats - Claudelle Pretorius
Claudelle Pretorius LinkedIn: Claudelle Pretorius - Umhlanga, KwaZulu-Natal, South Africa | Professional Profile | LinkedIn

 

🌐 Connect with Cox Yeats

🔗 Website: https://www.coxyeats.co.za/
📘 LinkedIn: https://za.linkedin.com/company/cox-yeats
🎧 YouTube Channel: https://www.youtube.com/@coxyeats8892

 

Disclaimer: This article is for general guidance only and not intended as legal advice. Should readers require legal advice on any relevant issue, they are requested to consult a Cox Yeats professional.

Welcome to Season 3 of The Cox Yeats Podcast! In episode 2, host Harshita Kapoor is joined by Cox Yeats partners Randhir Naicker, Benjamin Meadows, and Jason Goodison for a practical discussion on how companies authorise transactions. They unpack the legal framework governing board and shareholder resolutions, when shareholder involvement is required, and the serious consequences if the correct processes aren’t followed. 

The conversation touches on the Companies Act, MOIs, shareholder agreements, financial assistance rules, buybacks, distributions, and the risks directors face if they get it wrong. Whether you’re a company director, shareholder, or advisor, this episode is packed with insights into making legally sound corporate decisions. 

 
 
⏱ Timestamped Overview 

00:00 – Introduction and introducing the guests 
02:30 – Who makes decisions for a company? Directors, delegation & authority 
03:30 – How resolutions are passed: meetings vs. round robin 
05:00 – Majority voting, MOIs, and shareholder agreements 
07:00 – Shareholder agreements vs. MOIs: breaches & consequences 
08:00 – When shareholders must be involved: financial assistance explained 
09:30 – Defining financial assistance & the Constantia case (2023) 
11:00 – Solvency & liquidity test: what directors must consider 
12:30 – Holding companies, subsidiaries & sister companies explained 
13:20 – Reserved matters, restrictive matters & higher thresholds 
14:30 – Quorum considerations for resolutions 
15:30 – Other instances requiring special resolutions: buybacks, distributions & major disposals 
16:40 – Director conflicts of interest (Section 75) 
17:20 – Consequences of non-compliance: void transactions & personal liability 
18:30 – Why informal decision-making isn’t enough: risks for directors & shareholders 
18:55 – Closing remarks & key takeaways 

 

Quote of the Episode 

“The failure to get it right can result in the thing you are trying to do not happening. And that’s the last thing you want as a director of a company” – Benjamin Meadows 
 
 
 
👣 Relevant Links 

 
Jason Goordison Website: Cox Yeats - Jason Goodison 
Jason Goordison LinkedIn: Jason Goodison - Partner at Cox Yeats Attorneys: Business Law, Commercial Litigation, Natural Resources Law, Banking Law. | LinkedIn 

Randhir Naicker Website: Cox Yeats - Randhir Naicker 
Randhir Naicker LinkedIn: Randhir Naicker - Partner at Cox Yeats Attorneys: Business Law, Corporate Mergers & Acquisitions, Construction, Engineering & Infrastructure Law, Medical Schemes. | LinkedIn 

Benjamin Meadows Website: Cox Yeats - Benjamin Meadows 
Benjamin Meadows LinkedIn: Benjamin Meadows - Partner at Cox Yeats Attorneys | LinkedIn 

 

🌐 Connect with Cox Yeats 

🔗 Website: https://www.coxyeats.co.za/  
📘 LinkedIn: https://za.linkedin.com/company/cox-yeats  
🎧 YouTube Channel: https://www.youtube.com/@coxyeats8892  

 

Disclaimer: This article is for general guidance only and not intended as legal advice. Should readers require legal advice on any relevant issue, they are requested to consult a Cox Yeats professional.

Welcome to Season 3 of The Cox Yeats Podcast with your host, Harshita Kapoor. In episode 2, she sits down with Sunil Hansjee, a partner at Cox Yeats Attorneys, to discuss recent proposed amendments to South African labour legislation. With over a decade of experience in labour and employment law, Sunil unpacks the evolving legal landscape, from changes to the Code of Good Practice on dismissal to stricter health and safety obligations in the workplace. 

This conversation highlights what these updates could mean for both employers and employees, particularly small businesses navigating disciplinary processes and compliance requirements. 

 
 
⏱ Timestamped Overview 

00:00 – Introduction of Sunil and overview of today’s topic 
00:50 – What the Code of Good Practice is and its function 
02:00 – Proposed amendments to dismissal procedures 
03:30 – Small businesses and relaxed requirements for disciplinary hearings 
05:00 – Incompatibility as a new form of incapacity dismissal 
06:30 – Defining incompatibility and challenges with subjectivity 
07:45 – Impact of proposed changes on employers 
08:14 – Proposed amendments to the Occupational Health and Safety Act 
09:00 – Higher accountability standards for workplace safety  
10:00 – Construction industry risks and rationale for amendments 
10:58 – International standards and aligning SA with global practices 
11:34 – Employers’ complaints about overly formal dismissal procedures 
12:27 – Practical application of proposed changes for small businesses 
12:45 – Expected impact on employers and employees 
14:00 – Balancing fairness and practicality in disciplinary processes 
15:26 – Anticipated positive outcomes of these legislative updates 

 

Quote of the Episode 

“Labour legislation is about expeditious resolution of disputes. These amendments aim to make that resolution more practical and efficient.” – Sunil Hansjee 

 

👣 Relevant Links 
 
Sunil Hansjee Website: Cox Yeats - Sunil Hansjee 
Sunil Hansjee LinkedIn: Sunil Hansjee - Partner at Cox Yeats Attorneys | LinkedIn 

 

🌐 Connect with Cox Yeats 

🔗 Website: https://www.coxyeats.co.za/  
📘 LinkedIn: https://za.linkedin.com/company/cox-yeats  
🎧 YouTube Channel: https://www.youtube.com/@coxyeats8892