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  • Article

    Consequences Of A Liquidator Ceding Rights Under A Contract

    The Western Cape High Court recently delivered judgment in a dispute between Phuhlani Bafazi Construction (Pty) Ltd, trading as Chuma Security Services ("Phuhlani"), and the Passenger Rail Agency of South Africa...
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Article

    Gauteng Department Of Health In The Spotlight Following Information Regulator’s Third Enforcement Notice Of 2026

    South Africa's Information Regulator issued an enforcement notice against the Gauteng Department of Health for failing to disclose records requested under PAIA, linked to investigations...
    South AfricaGovernment, Public Sector
    ENS
    ENS
Article

Phala Phala: What's The Outlook For Political Stability In South Africa?

An ongoing impeachment process in South Africa reached a critical point when the investigating panel declared on 30 November that President Cyril Ramaphosa likely violated the constitution...
South AfricaGovernment, Public Sector
Songhai Advisory LLP
Songhai Advisory LLP
  • Article

    South African Law Of Contract: The Question Of Fairness And Public Policy Considerations Answered

    A recent Constitutional Court judgment has clarified the questions regarding the role of fairness and the public policy grounds upon which a court may refuse to enforce contractual terms.
    South AfricaGovernment, Public Sector
    Clyde & Co
    Clyde & Co
  • Article

    The Marriages Act v The Civil Unions Act

    Heterosexual couples intending to get married in South Africa today can choose to marry either in terms of the Marriages Act or the Civil Unions Act.
    South AfricaGovernment, Public Sector
    Hogan Lovells
    Hogan Lovells
  • Article

    Unpacking Section 417 Read With Section 418: From Inquiry To Recovery

    When it comes to corporate insolvency, few provisions have sparked as much legal and constitutional debate as Section 417 read with Section 418 of the Companies Act 61 of 1973.
    South AfricaGovernment, Public Sector
    Barnard Inc.
    Barnard Inc.
  • Article

    President Cyril Ramaphosa's Copyright U-Turn

    On 16 June 2020, President Cyril Ramaphosa referred the proposed Copyright and Performers' Protection Amendment Bills back to the National Assembly for re-consideration.
    South AfricaIntellectual Property
    KISCH IP
    KISCH IP
  • Article

    Pretoria High Court Declares B-BBEE And Race-based Licensing Requirements By The International Air Services Council Unlawful

    A South African court has ruled that the International Air Services Council cannot impose race-based B-BBEE requirements on airlines applying for international route licenses.
    South AfricaMedia, Telecoms, IT, Entertainment
    ENS
    ENS
  • Article

    Petition Made On Constitutional Grounds To The Kenyan High Court To Protect Image Rights

    In this matter Rafiki Microfinance Bank Limited, the Respondent, used an image of Mutuku Matingi, the petitioner, on its pamphlets in the promotion of its credit or financing facility, "Get a boda"...
    South AfricaPrivacy
    Adams & Adams
    Adams & Adams
  • Article

    The Legal Implications Of Transparency Related To Artificial Intelligence

    Transparency, when used as an important principle in constitutional law, is used as a tool to support accountability and good governance.
    South AfricaTechnology
    Swart Attorneys
    Swart Attorneys
  • Article

    As An Organ Of State, PRASA, Has An Obligation To Protect Passengers' Bodily Integrity

    Metrorail is the largest operator of commuter rail services in South Africa, with millions of individuals commuting every day.
    South AfricaTransport
    Adams & Adams
    Adams & Adams
  • Article

    Can Employees Directly Approach The Labour Court For An Unlawful Deduction Claim Under Section 34 Of The BCEA?

    This question concerns the jurisdiction of the Labour Court to determine disputes arising from section 34 of the Basic Conditions of Employment Act (BCEA).
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Raising A Rule 6(5)(d)(iii) Notice Before The Rule 53 Record: An Irregular Step Or A Competent Election?

    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.
    South AfricaLitigation, Mediation & Arbitration
    Fairbridges
    Fairbridges
  • Article

    Must Sales Of Investment Properties Be Advertised In Accordance With Section 34 Of The Insolvency Act?

    Section 34 of the Insolvency Act 24 of 1936, as amended ("the Act") requires a trader who, (in terms of a contract), transfers any business belonging to him, or the goodwill of such business or any goods or property forming part thereof (except in the ordinary course of that business or for securing the payment of a debt), to advertise the proposed transfer in the manner specified in the section.
    South AfricaReal Estate and Construction
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    ConCourt Rules On 2018 Public Service Wage Deal: No Clear Way Forward To Unscramble The Proverbial "Egg"

    On 28 February 2022, the Constitutional Court handed down judgment in National Education Health and Allied Workers Union v Minister of Public Service and Administration and Others ...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Constitutional Court Confirms Limits On Labour Appeals And Awards Costs In Dispute Arising From Terminated Municipal Services Agreement

    The Constitutional Court has delivered a useful judgment for municipalities, organs of state, and private service providers involved in outsourcing and insourcing arrangements.
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    New Ruling: Section 197 Does Not Guarantee Job Security And Commercial Realities Must Be Considered

    Section 197 of South Africa's Labour Relations Act, 1995 ("LRA") provides that, if there is a transfer of a business as a going concern, the contracts of employment between the transferor...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    HC v CC: Another Step To Achieve Gender Equity In Divorce Matters

    Section 7(3) of the Divorce Act 70 of 1979 provides a mechanism for the redistribution of assets upon divorce for marriages entered into before the Matrimonial Property Act of 1984.
    South AfricaFamily and Matrimonial
    Fasken
    Fasken
  • Article

    Parental Leave In Financial Services: Navigating The Van Wyk Judgment

    On 3 October 2025, the Constitutional Court handed down a unanimous ruling in Van Wyk v Minister of Employment and Labour and Others, confirming that South Africa's statutory four months and 10 days of parental leave may be shared between both parents.
    South AfricaFinance and Banking
    Webber Wentzel
    Webber Wentzel
  • Article

    Arbitrators Cannot Decide Constitutional Invalidity In Public Procurement

    The Supreme Court of Appeal ("SCA"), in NAD Property Income Fund v Bushbuckridge Municipality, delivered a judgment on Thursday 4 December 2025 concerning the power...
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Showing 141–160 of 262 results

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