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.