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  • Article

    Constitutional Court Upholds The Rights Of Innocent Service Providers Who Fulfil Obligations Under Invalid Public Contracts

    South African courts are inundated with disputes concerning commercial arrangements between organs of state and their service providers.
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Article

    Constitutional Damages Gains Traction As Public Service Delivery Dwindles

    The discussions surrounding the phenomenon of constitutional damages has been gaining momentum in the past few years. Interestingly, this remedy is not a very new one in our law
    South AfricaGovernment, Public Sector
    Adams & Adams
Adams & Adams
  • Article

    Process To Impeach A President

    On 30 November 2022, former Chief Justice Sandile Ngcobo delivered the Section 89 Independent Panel Report (the "Report") into the 2020 burglary at President Cyril Ramaphosa's farm...
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Article

    Simplifying To Save Gauteng's Judicial System

    South Africa's Constitution leaves no room for ambiguity: every person has the right to have any dispute that can be resolved by the application of law adjudicated in a fair and public hearing before a court, or, where appropriate, an independent tribunal or forum.
    South AfricaGovernment, Public Sector
    Webber Wentzel
    Webber Wentzel
  • Article

    To Entertain Or To Not Entertain A Moot Point.

    In Aptitude Trading Enterprise (Pty) Ltd v The City of Tshwane Metropolitan Municipality and Another, the South African Supreme Court of Appeal...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Privacy, Surveillance, And Legal Rights: De Jager V Netcare Limited

    In De Jager v Netcare Limited (Case No. 42041/16) heard in the High Court of South Africa, Gauteng Division, Mr de Jager raised concerns about privacy violations following the collection...
    South AfricaPrivacy
    ENS
    ENS
  • Article

    Apex Court Rules In Favour Of Coronation In Controlled Foreign Company Dispute

    The Constitutional Court (CC) recently (21 June 2024) handed down judgment in the case of Coronation Investment Management SA (Pty) Ltd v CSARS (Coronation and SARS)...
    South AfricaTax
    Fasken
    Fasken
  • Article

    SCA Confirms The High Court’s Concurrent Jurisdiction Over NCA Shortfall Claims

    The Supreme Court of Appeal has resolved a critical jurisdictional question affecting credit providers nationwide by clarifying whether the High Court retains authority to adjudicate shortfall claims after repossession and sale of goods under credit agreements.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Will The Rest Of Organised Business Join The National Black Consumer Council's Urgent Approach To The Constitutional Court Re Mandatory Vaccinations In The Workplace?

    On 6 January 2022, the media reported that the National Black Consumer Council (NBCC) had launched an urgent application in the Constitutional Court (Court).
    GlobalCoronavirus (COVID-19)
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    The Courts Rule On Private Higher Education Qualifications

    The recognition and status of private higher education qualifications have remained somewhat of a grey area for legal practitioners and candidate legal practitioners. While the requirements for admission as an...
    South AfricaConsumer Protection
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Employers Must Follow Fair Procedure, Even In Cases Of Serious Misconduct

    A recent Constitutional Court judgment is an important reminder to employers that employees must be granted a fair opportunity to ventilate their case at a disciplinary hearing.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    It Is Law – The Amended Civil Union Act

    South Africa has now taken a further step in embracing equality before the law for same-sex couples, and this step may further evaporate further risks of exposure to discrimination based on sexual orientation.
    South AfricaFamily and Matrimonial
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    A Pyrrhic Victory: The Constitutional Court Attempt To Limit The 30% Deposit Rule For Tax Appeal Tribunal Matters

    Ugandan taxpayers were filled with jubilation at a recent decision by the Constitutional Court in Fuelex Uganda Ltd ("Fuelex" )v Uganda Revenue Authority ("URA")...
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Article

    Constitutional Court: The OUTA Principle Applies To The Public Protector, And Two Further Legal Developments

    On 29 May 2020, the Constitutional Court handed down judgment in Economic Freedom Fighters v Gordhan and Others; Public Protector and Another v Gordhan and Others ("EFF v Gordhan").
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Article

    DA Launches Application To Declare Section 27 Of The Disaster Management Act Unconstitutional And Invalid

    In this application, the DA seeks leave from the Constitutional Court for direct access in terms of section 167(6)(a) of the Constitution read together with Rule 18 of the Constitutional Court Rules.
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Article

    Interdicts Against Violent Strikers: What Does The Future Hold?

    As strike season approaches, a recent decision handed down by South Africa's Constitutional Court shows why it's important for employers to identify (as far as possible) specific employees...
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Article

    Purposive Or Literal? Balancing Procedural Formalities And Access To Justice Under Section 2(2) Of The State Liability Act.

    Statutory interpretation stands at the heart of many legal disputes. In Minister of Police v Miya (hereafter Miya), the Supreme Court of Appeal was asked to interpret section 2(2) of the State Liability Act 20 of 1957...
    South AfricaGovernment, Public Sector
    Fairbridges
    Fairbridges
  • Article

    Reflections On The Constitutional Court’s Public Procurement Act Judgment

    The Constitutional Court's recent judgment on the Public Procurement Act 28 of 2024 has created a procedural roadblock to procurement reform in South Africa, invalidating the legislation not on substantive grounds, but due to inadequate public participation during the legislative process. While the ambitious attempt to consolidate procurement law has been struck down, the fragmented regulatory landscape it sought to address persists...
    South AfricaGovernment, Public Sector
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Will Grieving Parents Ever Have A Voice Regarding The Disposal Of Foetal Remains? VOICE OF THE UNBORN BABY NPC AND ANOTHER V MINISTER OF HOME AFFAIRS AND ANOTHER [2022] ZACC 20

    The Constitutional Court recently delivered a judgement which overturned the High Court's ruling that certain sections of the Births and Deaths Registration Act 51 of 1992...
    South AfricaGovernment, Public Sector
    Adams & Adams
    Adams & Adams
  • Article

    Wescoal Judgment On Post-Commencement Creditors – How The Appeal Proceedings Affect Its Enforceability.

    The landmark Supreme Court of Appeal (SCA) decision in Mashwayi Projects (Pty) Ltd and Others v Wescoal Mining (Pty) Ltd and Others (2025 ZASCA 5) reshaped the business rescue landscape...
    South AfricaLitigation, Mediation & Arbitration
    Barnard Inc.
    Barnard Inc.
  • Showing 161–180 of 262 results

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