Process Involved In Lodging A Dispute With The CCMA

The Supreme Court of Appeal's recent judgment in the MV Haralambos case has sparked significant debate in South Africa's maritime community by upholding a vessel arrest based largely on commercial database evidence. The decision addresses the challenging question of proving common control between ship-owning companies when beneficial ownership information is not publicly available, potentially reshaping the evidentiary landscape for associated ship arrests. At the heart of the controversy lies whether comme

A Constitutional Court decision has clarified a critical procedural question in South African administrative law: whether respondents can raise dispositive legal objections before producing the Rule 53 record in review proceedings. The ruling addresses the tension between an applicant's right to supplement their case after receiving the administrative record and a respondent's ability to challenge the review on purely legal grounds at an early stage.

On the demand side, McKinsey expects a four-fold to six-fold increase in demand for African data centre capacity (to 1.5 to 2.2 GW) by 2030, which presents an investment opportunity of between...

The Department of Justice and Constitutional Development has published draft Regulations introducing formal provisions for electronic commissioning of affidavits in South Africa. This legislative modernisation proposes to allow commissioners to administer oaths remotely through audio-visual communication, fundamentally changing the traditional requirement for physical presence while maintaining essential safeguards.

The Western Cape High Court examined whether the Legal Practice Council could urgently suspend two legal practitioners without conducting a proper investigation into allegations of trust fund misappropriation exceeding R16.9 million. The case centered on the interpretation of section 43 of the Legal Practice Act and whether the LPC's expedited process, based solely on untested allegations from a complainant involved in divorce proceedings.

A High Court judgment has reinforced the protection of litigation privilege for expert reports commissioned by insurers during pending litigation. When a loss adjuster's preliminary report was requested for disclosure, the court examined whether it qualified for privilege protection and what implications this holds for the insurance industry's handling of expert assessments in claims disputes.

The Johannesburg High Court has published lead times for setting matters down for hearing, revealing significant delays across various case types. With opposed applications facing 18-week waits and long-duration trials not being heard until 2028, the bulletin raises questions about court capacity and potential solutions to address mounting backlogs.

The Gauteng High Court examined whether a non-patrimonial damages claim against the National Director of Public Prosecutions could survive the claimant's death when the NDPP was joined to proceedings...

A South African Labour Court has stayed disciplinary proceedings after discovering that the chairperson's ruling relied on AI-generated, fictitious case citations. The judgment examines whether blind reliance on artificial intelligence tools constitutes a failure to apply independent legal reasoning, and what consequences flow from submitting fabricated authorities to courts and tribunals.

The Gauteng High Court's judgment in TMM Holdings v Skycastle Securities examines when litigation privilege protects documents from disclosure, specifically addressing whether insurance claim forms and investigative reports created for multiple purposes qualify for privilege. The court applied the dominant purpose test to determine if documents prepared simultaneously for insurance claims, internal investigations, and potential litigation must be disclosed in discovery proceedings.

National Treasury has proposed a centralised framework for administering South Africa's estimated R88 billion in unclaimed financial assets, including retirement benefits. The discussion paper outlines a system where a central administrator would manage tracing, record-keeping and claims through a single public portal, with assets potentially transferred to the Corporation for Public Deposits.

When a South African magistrate's removal from office was based on 13 misconduct findings, but nine were later overturned on review, could the dismissal sanction still stand? The Gauteng High Court examined whether a disciplinary sanction can survive when the majority of findings supporting it have been set aside, and what this means for the proper exercise of administrative decision-making powers.

South Africa's 26th Commission for Employment Equity Annual Report reveals a dramatic 48.4% decline in employment equity reporting following legislative amendments, while introducing a new compliance certificate regime that fundamentally alters how employers access state business opportunities. With six constitutional challenges now before the courts and new sectoral numerical targets in force...

Kenya's Finance Act 2026 introduces significant tax reforms that impact venture capital, private equity, and foreign investment. This discussion explores how these changes affect investor confidence...

Gender-based violence persists not just as isolated incidents, but as a systemic crisis enabled by institutional gaps, inadequate policies, and social norms that fail to protect survivors. Njeri Migwi, Founder of Usikimye, shares six years of frontline experience revealing why survivors struggle to leave, why cases rarely reach justice, and what structural changes are needed beyond public outrage.

Working in the oil and gas sector has taught attorney Amore Carstens Petersen that technical excellence is only one part of leadership in a commercially complex, technically demanding, and historically...

Kenya's Finance Act 2026 introduces significant tax reforms that impact investors and businesses operating in the country. This podcast discussion examines the practical implications of these changes, from tax amnesty provisions to REIT incentives, and explores what they mean for Kenya's investment climate. Industry experts analyze how these reforms affect venture capital, private equity, and the broader tax policy landscape over the coming years.

The Competition Commission has released draft amendments to the Small Merger Guidelines, proposing significantly higher thresholds for small merger notifications. These changes aim to capture potentially anti-competitive acquisitions in digital and technology markets where target firms are acquired before generating substantial turnover or assets, but possess significant future growth potential.

South Africa's Revenue Service has issued Binding Private Ruling 430, clarifying its position on trust-to-trust distributions and the section 7(8) attribution rules. The ruling examines whether distributing an interest-free loan claim constitutes a disposition, explores how the causal nexus can be severed when downstream yields are generated by independent foreign companies, and reveals the administrative complexities trustees face when claiming foreign tax rebates for non-resident beneficiaries.

Two European Commission rulings demonstrate that dominant firms face competition law risks not only from pricing and supply practices, but also from misleading statements about competitors' products. These cases raise important questions about whether similar conduct could constitute exclusionary abuse under South African competition law, particularly section 8(1)(c) of the Competition Act.