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  • Article

    Political Interference And Your Right To A Fair Trial

    Every accused has the right to a fair trial in terms of sections 12 and 35 of the Constitution of the Republic of South Africa Act 108 of 1996 (the "Constitution").
    South AfricaGovernment, Public Sector
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    South Africa's Expropriation Bill, 2020

    On 9 October 2020, the Government of South Africa published a draft Expropriation Bill, 2020 in its Gazette.
    South AfricaGovernment, Public Sector
    Volterra Fietta
    Volterra Fietta
Article

South African Constitutional Court Rules On Compensation For Domestic Workers

A landmark judgment was handed down by the South African Constitutional Court recently, ruling that certain sections of the Compensation for Occupational Injuries Act, 1993 ("COIDA")...
South AfricaGovernment, Public Sector
ENS
ENS
  • Article

    South Africa’s Infrastructure Triumph

    While many infrastructure players in the west may view the continent of Africa through a shroud of mystery, South Africa has long been a lightning rod of investment and activity that has drawn developers and investors from around the world.
    South AfricaGovernment, Public Sector
    KPMG, South Africa
    KPMG, South Africa
  • Article

    Sweeping Changes In The Domestic Sector In South Africa: Inclusion Of Domestic Workers Under COIDA

    When the tide of democracy and constitutionalism swept through labour legislation in South Africa from the early ‘90s onwards, domestic workers, for the first time,
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Article

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

    The Constitutional Court has struck down key provisions of the National Health Act that would have required health establishments and practitioners to obtain certificates of need before providing prescribed services.
    South AfricaGovernment, Public Sector
    Adams & Adams
    Adams & Adams
  • Article

    Validity Of Contracts With The State Being Extended Without A Competitive Tender Process

    The KwaZulu-Natal High Court examined whether public transport contracts that had been extended repeatedly without competitive bidding violated constitutional procurement requirements.
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Article

    Will The GNU Change The Future Of BEE?

    South Africa recently celebrated its 7th democratic general elections, a milestone highlighting three decades of democratic progress.
    South AfricaGovernment, Public Sector
    Fairbridges
    Fairbridges
  • Article

    The Amendment Of Section 25 Of The Constitution: The Ultimate Determining Factor On Compensation When It Comes To Land Expropriation

    A decision was already taken exactly a year ago to amend the relevant constitutional provision, Section 25 of the Constitution of the Republic of South Africa, Act 108 of 1996.
    South AfricaLitigation, Mediation & Arbitration
    Vasco de Oliveira Inc.
    Vasco de Oliveira Inc.
  • Article

    Constitutional Court Provides Clarity On Rights Of Licensees To Construct Facilities On Another Person's Land Under The Electronic Communications Act

    This judgment is of particular importance as it found that the ECA effectively creates a public servitude over land in favour of licensees.
    South AfricaMedia, Telecoms, IT, Entertainment
    Dentons
    Dentons
  • Article

    HIV Positive Employees And Prospective Employees

    South Africans who are positively diagnosed with HIV (human immunodeficiency virus) have long been discriminated against in ...
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    "The Constitution Is Supreme" - Trade Unions Must Stay In Their Registered Scope Lane

    In what circumstances can a union represent employees who are not entitled, in terms of the union's constitution, to be members of that union? This question has been considered by our courts in various contexts.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    The Impact Of A Delayed Covid-19 Vaccine Programme On Our Constitutional Rights

    At the beginning of this year, several leaders in South Africa's medical fraternity called for the axing of government officials who are responsible for the delay in procuring Covid-19 vaccines...
    South AfricaCoronavirus (COVID-19)
    Adams & Adams
    Adams & Adams
  • Article

    South Africa’s Rail Revolution: The Draft National Rail Master Plan

    This comprehensive legal update from ENS Africa covers critical developments across multiple practice areas, from South Africa's Draft National Rail Master Plan and new SAHPRA guidelines for medicine naming...
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    What Is A "stakeholder" And Why Does It Matter?

    A stakeholder is commonly known as a person with an interest or concern in something.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    A Reminder To Labour Court Litigants – Costs Will Follow The Suit, Sometimes

    It is trite that the principle that the costs follow the suit does not apply in labour litigation, save for exceptional circumstances. This was emphasised by the Constitutional Court ("CC") ...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Is The Singing Of Offensive Songs A Dismissible Offence?

    The South African Constitutional Court recently handed down judgment in Duncanmec Proprietary Limited v Gaylard N.O & Others in which it considered whether the singing of struggle songs, containing words ...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Navigating Whether A Violent Strike Is Protected – Insights From The Labour Court

    Can a protected strike lose its protected status, and, if so, in what circumstances? This question was considered by the Labour Court in the recent case of African Meat Industry...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Parental Leave Rewritten By The Constitutional Court: What Employers Must Do Now

    The Constitutional Court has confirmed that South Africa's parental-leave regime in the BCEA unfairly discriminated between different kinds of parents and has ordered a temporary "reading-in"...
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    The Reciprocal Duty Of Good Faith Undercuts Derivative Misconduct

    For the first time in employment law jurisprudence, the South African Constitutional Court has considered the nature and scope of the duty of good faith within the context of the contract of employment.
    South AfricaEmployment and HR
    ENS
    ENS
  • Showing 121–140 of 262 results

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