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  • Article

    Was The Decision By The NPA To Remove Counterfeit Goods Matters From The Commercial Crimes Court In Line With The Right Of Access To Justice As Set Out In Section 34 Of The Constitution?

    South Africa is a constitutional democracy, which means that it is a country which observes human rights principles and is governed by the rule of law.
    South AfricaGovernment, Public Sector
    Adams & Adams
    Adams & Adams
  • Article

    Constitutional Court Opens Door To Alternative Methods Of Compensation

    The South African Constitutional Court recently handed down a landmark judgment, ruling that damages may be allowed to be paid by methods alternative to monetary compensation.
    South AfricaLitigation, Mediation & Arbitration
ENS
ENS
  • Article

    Turmoil Over Schools' Continued Closure: Legal & Public Policy Considerations

    The coronavirus outbreak saw many countries around the world going into a lockdown to combat the spread of the virus. South Africa adopted the same strategy to "flatten the curve". The President announced early closure...
    South AfricaCoronavirus (COVID-19)
    Adams & Adams
    Adams & Adams
  • Article

    Concourt Confirms Constitutionality Of LRA Retrenchment Consultation Process

    Constitutional Court has confirmed the constitutionality of two key sections of the Labour Relations Act that are pertinent to employers contemplating retrenchments.
    South AfricaEmployment and HR
    Bowmans
    Bowmans
  • Article

    The Limits Of Trade Union Representation

    The recent Constitutional Court judgment of AFGRI Animal Feeds v. NUMSA & Others (CCT 188/22) has pivotal implications for employers. This landmark ruling, alongside the established precedents...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Next Steps Following The High Court Divorce Act Judgment

    In a judgment that was handed down by the High Court in Pretoria on 11 May 2022, a portion of the Divorce Act was declared unconstitutional. Social media is abuzz with articles relating to the different legal principles...
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    New Regulations to Influence Drug Procurement System

    The Department of Trade and Industry's Industrial Action Policy Action Plan (IPAP) of 2010/11- 2012/13 states that public infrastructure investment in excess of R404 billion has been invested from the 2006/7 to 2008/9 period rising to R787 billion for the period of 2009/10 to 2011/12.
    South AfricaFood, Drugs, Healthcare, Life Sciences
    Spoor & Fisher
    Spoor & Fisher
  • Article

    The Decriminalisation Of Private Cannabis Possession And Use And The Workplace

    In the recent decision in the consolidated matter of Minister of Justice and Constitutional Development and Others v Prince; National Director of Public Prosecutions and Others v Rubin; ...
    South AfricaFood, Drugs, Healthcare, Life Sciences
    ENS
    ENS
  • Article

    Intersections Of Judicial Review And Internal Appeal Remedies In Administrative Law

    How should courts balance a tailored statutory appeal with the broader scope of judicial review in administrative decisions? In Commissioner for the South African Revenue Service...
    South AfricaGovernment, Public Sector
    Fairbridges
    Fairbridges
  • Article

    The Right To Electricity And Water Understood Within A Constitutional And Administrative Law Perspective

    The Constitutional right to basic services is an issue of fundamental importance in South Africa yet many citizens across the country still lack access and have been unlawfully deprived or dispossessed...
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Article

    [Un]Lawful Sterilisation In South Africa

    Over the past few years, there have been reports in South Africa of women being wrongfully sterilised.
    South AfricaGovernment, Public Sector
    Adams & Adams
    Adams & Adams
  • Article

    What Happens To Your Business If There Is A Hard Brexit?

    The way this is currently being handled is to try to (mostly) inherit the agreement we have with the EU, but this is more difficult than it appears.
    South AfricaGovernment, Public Sector
    XA International Trade Advisors
    XA International Trade Advisors
  • Article

    Constitutional Court Looking Out For The Blind

    Imagine not being able or, at least, having the opportunity to read Don Quixote or Macbeth due to a disability. This is felt hardest by those with visual and print impairments.
    South AfricaIntellectual Property
    Barnard Inc.
    Barnard Inc.
  • Article

    Rethinking Oath Certification: Introducing Electronic Commissioning

    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.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    How To Challenge Lockdown Regulations

    An overview of how to challenge lockdown regulations in South Africa compared to an advanced democracy like that of Switzerland...
    South AfricaCoronavirus (COVID-19)
    Adams & Adams
    Adams & Adams
  • Article

    Constitutional Court Ruling On Muslim Marriages

    The Woman's Legal Trust Centre brought the application, which began at the Western Cape High Court.
    South AfricaFamily and Matrimonial
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    No, Minister Mboweni, This Is Not Enough!

    Finance Minister Mboweni gave his Medium Term Budget Policy Statement (MTBPS) on 30 October 2019. "Rather than giving taxpayers the comfort that was sought
    South AfricaFinance and Banking
    Bowmans
    Bowmans
  • Article

    The Certificate Of Need Scheme Struck Down: Constitutional Court Confirms Invalidity Of Sections 36 To 40 Of The National Health Act

    On 18 May 2026, the Constitutional Court handed down a unanimous judgment in Solidarity Trade Union and Others v Minister of Health and Others, confirming the order of constitutional invalidity made by the Pretoria High Court
    South AfricaFood, Drugs, Healthcare, Life Sciences
    Adams & Adams
    Adams & Adams
  • Article

    Act Signed To Strengthen Enforcement Of Legislation Governing Gender-Based Violence (GBV) And Femicide In South Africa

    The National Council on Gender-Based Violence and Femicide Act (the Act) was assented to by the President and gazetted on 27 May 2024.
    South AfricaGovernment, Public Sector
    Fasken
    Fasken
  • Article

    Navigating The Intersection Of Public Law And Private Law In South African Public Procurement

    As the tender process progresses and a successful bidder is identified, the legal framework shifts from public to private law.
    South AfricaGovernment, Public Sector
    Tiefenthaler Africa
    Tiefenthaler Africa
  • Showing 101–120 of 262 results

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