After investigations, we compile detailed investigation reports and recommendations as to possible courses of action arising out of findings incorporated in each report, assist clients with the preparation of charge sheets in instances where disciplinary proceedings are necessitated, and in some cases have acted as prosecutors in disciplinary hearings.

We believe that every investigation is unique and requires a personalised and dedicated team.

We have played a pioneering role in shaping and developing the South African labour regulatory environment over the last three decades. Over this time our lawyers have advised on key legislative reform processes including the overhaul of the South African labour legislative framework in 1994, and the 2002 amendments to the Labour Relations Act and Basic Conditions of Employment Act.

Current and former directors and lawyers of the firm have and continue to serve as judges of the Labour Courts and contribute widely to labour law literature in both South Africa and abroad.

Our clients include trade unions; national, provincial and local government departments; bargaining councils; NGOs; statutory bodies; specialist government agencies; small business enterprises and multinational corporations.

The firm offers a national and international labour law service with specialist labour lawyers operating from both our offices in Cape Town and Johannesburg. Our specialist services include advice and litigation in relation to the following:

• all aspects of unfair dismissal
• retrenchments
• unfair labour practices
• collective bargaining and industrial action
• organisational rights
• contracts of employment
• basic conditions of employment
• grievance procedures and disciplinary processes (including representation and presiding functions in disciplinary hearings)
• employment equity and affirmative action
• skills development
• occupational health and safety
• insolvency and business rescue from an employment law perspective
• alternate dispute resolution
• employee benefits

We also have extensive experience representing bargaining councils. Our services in this respect include advice on amendments of bargaining council constitutions; representation in demarcation disputes; advice on the interpretation and application of collective agreements; representation at exemption hearings or appeal hearings; and advice and representation in Labour Court processes and applications, including applications to review the outcome of exemption hearings.

Through our specialised expertise, we have successfully litigated in several precedent setting cases over the years, many of which continue to serve as the leading authorities on specific labour related topics.

The firm is also highly ranked by both Chambers & Partners Global and Legal 500 for its expertise in labour and employment law.

• the Constitution of the Republic of South Africa Act, 1996
• the Labour Relations Act, 1995
• the South African Schools Act, 1996
• the Mine Health and Safety Act, 1996
• the Basic Conditions of Employment Act, 1997
• the Higher Education Act, 1997
• the Electoral Act, 1998
• the Employment Equity Act, 1998
• the Skills Development Act, 1998
• the Competition Act, 1998
• the Broad-Based Black Economic Empowerment Act, 2003

Our drafting experience covers a wide range of topics, including labour market, trade and industry, education and skills development, social development, finance, land and housing. It also includes drafting laws for every sphere of government in South Africa and also at regional and at international level.

Our lawyers have advised extensively on municipal law to various metropolitan, district and local municipalities.

We have conducted detailed investigations into matters involving fraud and corruption at municipal level, have in the preparation of disciplinary charge sheets, and represented the employer in disciplinary hearings, and arbitrations at the Bargaining Council and Labour Court.

Our lawyers have also provided advice to our local government clients on Local Government: Municipal Systems Act, Local Government: Municipal Structures Act, Municipal Finance Management Act, Treasury Regulations, practice notes and instructions.

We have also advised widely to various public entities on supply chain management and procurement law in general. We assist clients in drafting procurement policies and provide advice on complex supply chain management disputes, contractual disputes and drafting of contracts with service providers.

The legal services we offer to NGOs include advice on the formation and incorporation of non-profit companies and charitable trusts, assistance with registration as Public Benefit and Non-Profit organisations, exemptions from taxation under the Income Tax Act, general employment law advice and regulatory and litigation advice.

We have an excellent understanding of the framework in which NGOs operate and were central to the drafting of the Non-Profit Organisations Act.

Occupational Health, Safety and Compensation law

Lawyers at our firm have been centrally involved in developing regulatory frameworks for occupational health and safety, both locally and internationally, including the drafting of laws, regulations, conventions and codes of practice. We played a key role in drafting the Mine Health and Safety Act, 1996 and its regulations, OHS and compensation related laws in other Southern African countries and the ILO convention on health and safety in mines. One of our lawyers chaired the Committee of Inquiry into the Establishment of a National Health and Safety Council appointed by the Minister of Labour and was the principal drafter of the National Occupational Health and Safety Policy.

The firm has represented clients in many judicial and other statutory inquiries into major occupational accidents in South Africa in mining, construction and other economic sectors, including the Leon Judicial Commission of Inquiry into Safety and Health in the Mining Industry. We have also litigated in major cases involving the interpretation of the Compensation for Occupational Injuries and Diseases Act, 1993 (COIDA) and the Occupational Diseases in Mines and Works Act, 1973 (ODMWA) and have developed significant expertise regarding compensation for occupational accidents and diseases.

Our lawyers have presented papers, authored books and developed client training manuals on occupational health and safety law.

Our specialist services include:

• advising on all aspects of the regulatory framework governing occupational health and safety and compensation, including drafting legislation and advising on regulatory compliance;
• representing clients at informal investigations, formal inquiries, inquests and criminal prosecutions relating to occupational health and safety and litigating on their behalf;
• assisting clients in claiming compensation including increased compensation for occupational injuries and diseases; and
• providing training to clients in occupational health and safety law.

Environmental Law

• Our lawyers have a profound understanding of the regulatory framework governing the environment and its protection. We have been involved in drafting various laws, including the National Environmental Management Amendment Bill, 2003 and advised the Department of Environmental Affairs on its environmental law reform programme.
• Professionals from the firm have provided extensive advice on environmental matters, including:
• the draft Coastal Management Bill and the establishment of a national coastal planning system;
• the alignment of the National Air Quality Management Bill, the National Waste Management Bill, and the National Environmental Management Act;
• the alignment of the National Biodiversity Bill, the National Coastal Management Bill and the National Environmental Management Act;
• the comparative analysis of the Land Use Bill and the Sustainable Utilisation of Agricultural Resources Bill.

Land reform

Cheadle Thompson & Haysom has established and managed a national panel of lawyers on behalf of the Department of Rural Development and Land Reform to provide legal services in land tenure disputes, in particular to farm workers and labour tenants facing eviction. Cases were referred by departmental officials, screened by Cheadle Thompson & Haysom and allocated to members of the legal services panel for urgent intervention. As part of the joint project, we have prepared a comprehensive training course on tenure security for lawyers and written a thorough resource manual on tenure security for the Department. The resource manual has been published by Juta Law. The joint project was overseen by an advisory board.

We have been substantially involved in the drafting of new legislation and re-drafting old legislation since 1994, including the Constitution. In this regard, we are one of few firms in South Africa that has developed extensive experience in the plain language drafting of legislation and apply the principles of plain language to all our drafting work. We also have extensive experience in drafting regulations, codes of practice and other subordinate legislation.

Our professionals have drafted over 100 legislative instruments at regional, national, provincial and local government level. Some of the major national laws that we have substantially participated in drafting include:

• the Constitution of the Republic of South Africa Act, 1996
• the Labour Relations Act, 1995
• the Mine Health and Safety Act, 1996
• the South African Police Services Act, 1995
• the South African Schools Act, 1996
• the Basic Conditions of Employment Act, 1997
• the Higher Education Act, 1997
• the Electoral Act, 1998
• the Employment Equity Act, 1998
• the Competition Act, 1998
• the Preferential Procurement Policy Framework Act, 2000
• the Broad-Based Black Economic Empowerment Act, 2003

As appears from the list, our drafting experience covers a wide range of topics, including labour market, trade and industry, education and skills development, social development, finance, land and housing. It also includes drafting laws for every sphere of government in South Africa and also at regional and at international level.

Legislative drafting

Our directors have been centrally involved in the drafting of new legislation and re-drafting old legislation since 1994. We are one of few firms in South Africa that has developed extensive experience in the plain language drafting of legislation and apply the principles of plain language to all our drafting work. We also have extensive experience in drafting regulations, codes of practice and other subordinate legislation.

Some of the major national laws that our lawyers have been involved in drafting include:

• the Constitution of the Republic of South Africa
• the Labour Relations Act
• the Mine Health and Safety Act
• the South African Schools Act
• the Basic Conditions of Employment Act
• the Higher Education Act
• the Non-profit Organisations Act
• the Employment Equity Act
• the Competition Act
• the Preferential Procurement Policy Framework Act
• the Broad-Based Black Economic Empowerment Act
• the Special Economic Zones Act

Our drafting experience covers a wide range of fields, including labour market, trade and industry, education and skills development, finance and economic development, land and social security. Our lawyers have drafted legislative instruments at national, provincial and local government levels in South Africa and at regional and international level.

Constitutional law

The firm provides comprehensive legal services in respect of constitutional law, including constitutional law opinions and litigation in both private and public matters and the drafting of legislation in accordance with the Constitution. Our directors have expertise in the interface between constitutional law and other areas of law and regulatory activity including, employment, education and training, competition, media, telecommunications, social security and trade. Our lawyers have been centrally involved in leading cases involving constitutional interpretation in the High Court, Supreme Court of Appeal and the Constitutional Court.

Administrative law

Administrative decisions in the public sector must be lawful, reasonable and procedurally fair. Administrators require a good grasp of administrative law in order to perform their functions effectively and in compliance with the law. Cheadle Thompson & Haysom has extensive expertise in advising public sector clients at all levels on administrative law matters. Our lawyers have designed administrative institutions and infrastructure, developed fair administrative procedures, conducted regulatory impact assessments, formulated public participation processes on draft legislative and policy instruments. We frequently advise public sector bodies on major projects involving novel and complex administrative law issues and have considerable expertise in developing comprehensive strategies that help our public- sector clients comply with their legal obligations.

Legal policy and regulatory strategy

The firm counts leading experts in public policy in various specialist fields among its directors. We have advised national government departments on key policy frameworks, including in the fields of employment law, education and skills development law and have contributed to the drafting of a range of government policy statements. Our lawyers have served on committees of inquiry and task teams that have developed legal policy proposals for government. We have also conducted major reviews of law and policy for public sector clients, including extensive comparative international research and benchmarking. Cheadle Thompson & Haysom also assists clients to make representations to government, Parliament and provincial legislatures on legislative proposals. We also monitor and advise clients on the proceedings of parliamentary committees.

Intergovernmental relations

Our lawyers know how government works. We have extensive experience of the distinctive and interdependent relationship between national, provincial and local government in South Africa and their respective legislative and executive authorities. Our directors have advised a broad range of national and provincial government departments on constitutional matters related to their respective jurisdictions, including the resolution of intergovernmental disputes and have drafted numerous provincial and national laws dealing with matters of concurrent legislative competence. Cheadle Thompson & Haysom has prepared intergovernmental agreements and implementation protocols for various government departments and statutory bodies in compliance with the Intergovernmental Relations Framework Act.

Public finance management

Public sector bodies are subject to stringent public finance management obligations ensuring the efficient and effective management of public revenue, expenditure, assets and liabilities. These include the duties and responsibilities of accounting officers of government departments and the responsibilities, powers and functions of the governing bodies of public entities. We advise on the full range of legal public finance facing public sector bodies including advice on the interpretation and application of the Public Finance Management Act, the Treasury Regulations, the Municipal Finance Management Act and the various practice notes and instructions issued by the national and provincial treasuries. Our lawyers have advised on large, complex and sensitive internal investigations involving public finance management and regulatory compliance.

Public sector procurement

The public sector is obliged to procure goods and services in accordance with systems that are fair, equitable, transparent, competitive and cost-effective. We assist public and private sector clients to navigate the complex regulatory framework applicable to procurement and government contracting. Our lawyers advise on the full range of procurement issues arising from the Public Finance Management Act, the Treasury Regulations, the Preferential Procurement Policy Framework Act, the Municipal Finance Management Act and the Codes of Good Practice on Black Economic Empowerment. We provide litigation and dispute resolution services, due diligence and regulatory advice, strategic procurement counselling and transactional support to clients at all stages of the public procurement process. Tender awards are subject to judicial review. Our lawyers have advised on major state tender processes, drafted national procurement related legislation, developed procurement policies and procedures for major public bodies and represented clients in high-level procurement litigation.

Governance and legal risk

The effective delivery of public services requires accountable and coherent governance at every level of the public administration. Our lawyers advise on the mechanisms, policies and procedures necessary to promote good governance in the public sector and to achieve an appropriate balance between autonomy and accountability in public sector institutions. The firm also conducts legal risk, regulatory compliance and litigation reviews.

Education and skills development

Our lawyers have been central to the drafting of several national and provincial education and training laws, including the South African Schools Act, the Higher Education Act and the Skills Development Act. We have advised education departments at regional, national and provincial level, higher education institutions, statutory bodies and non-governmental organisations operating in the education sector. Cheadle Thompson & Haysom has advised the Department of Labour, the Department of Higher Education and Training and various sector education and training authorities (SETAs) on skills development matters. We have also advised a range of public bodies on the National Qualifications Framework and on the quality assurance and accreditation of education and training institutions and their programs. Directors of the Firm have authored books on schools and the law and on skills development.

Land reform

Cheadle Thompson & Haysom established and managed a national panel of lawyers on behalf of the Department of Rural Development and Land Reform to provide legal services in land tenure disputes, in particular to farm workers and labour tenants facing eviction, but also in communal property association and land restitution matters. Cases were referred by departmental officials, screened by Cheadle Thompson & Haysom and allocated to members of the legal services panel for urgent intervention. As part of the joint project, we prepared comprehensive training courses on tenure security for lawyers and wrote a thorough resource manual on tenure security for the Department. The resource manual was published by Juta Law. The project included the administration of over 2000 cases including more than 340 000 beneficiaries over a three-and-a-half-year period.