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  • Article

    A Decision Six Years Late Is Not Only Late. It May Be Unlawful.

    The Competition Appeal Court has set aside a Competition Tribunal decision delivered more than six years after the hearing concluded, finding that the delay and fragmented adjudicative process compromised the legality and fairness of the outcome. The judgment establishes that administrative bodies must maintain expeditious, coherent processes anchored in evidence, with decisions properly connected to the panels that heard the matter.
    South AfricaLitigation, Mediation & Arbitration
    Fairbridges
    Fairbridges
  • Article

    Can An Enrichment Claim Be Considered A ‘Debt' In Terms Of The Institution Of Legal Proceedings Against Certain Organs Of The State Act?

    The Supreme Court of Appeal was recently asked – in the matter between Greater Tzaneen Municipality v Bravospan – to consider whether an enrichment claim is considered a ‘debt'...
    South AfricaLitigation, Mediation & Arbitration
Barnard Inc.
Barnard Inc.
  • Article

    SCA Issues Important Judgment On Video Recordings During Van Breda Trial

    The trial of murder-accused Henri van Breda has attracted widespread media attention in recent months.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    NEMA Section 28 Directives At The Municipal Level: When The Different Environmental Compliance Beast Comes Knocking

    Municipal environmental enforcement powers in South Africa have expanded significantly with the introduction of section 28 directives under NEMA, creating complex procedural challenges that differ fundamentally from traditional compliance notices. What procedural traps await businesses facing these directives, and how can the simultaneous pursuit of multiple enforcement processes, including potential criminal liability for employees, transform routine regulatory matters into urgent legal crises requiring im
    South AfricaEnvironment
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Land Reform: Parliament Invites Comments On Proposed Constitutional Amendment To Explicitly Provide For Nil Compensation

    The purpose of this note is to briefly give an overview of the background to the Draft Bill and to highlight some key takeaways for consideration.
    South AfricaGovernment, Public Sector
    Fasken
    Fasken
  • Article

    Story Of A Helicopter Parent In Full Flight – The Constitutional Constraints To Cancelling Private Schooling For A Child

    Harassing the staff at Pridwin and coaches of other schools and on several occasions, behaviour that came close to physical violence.
    South AfricaGovernment, Public Sector
    Bentley Attorneys
    Bentley Attorneys
  • Article

    Legal Representatives In Section 417 Enquiries – The Triple R's

    In the previous article, we explored the powers and limits of the Commissioner in Section 417 enquiries.
    South AfricaLaw Department Performance
    Barnard Inc.
    Barnard Inc.
  • Article

    Unlawful Conduct Is Not Enough: A Final Interdict Requires Proof Of Harm Or A Reasonable Apprehension Of Harm

    The Supreme Court of Appeal recently examined whether a municipality's breach of legislation, without demonstrable harm to the applicants, could justify granting a final interdict. The case centered on farming operations affected by alleged unlawful structures and land use on neighboring municipal property, raising critical questions about the evidentiary requirements for obtaining prohibitory relief.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    B= Brexit – Advice To Brand Owners

    Our advice to date concerning trade marks is that separate trade marks should be filed in the UK in addition to the EU to avoid the inevitable administrative delays at the UK...
    European UnionIntellectual Property
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    A Claim For Equal Benefits For Parents Of Newborn Or Adopted Children.

    The High Court handed down a judgment in the case of Van Wyk and others v Minister of Employment and Labour and others scrutinising certain provisions...
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    Large-Scale Retrenchments: Compensation As A Remedy For Procedural Unfairness

    The general requirements for a fair dismissal based on an employer's operational requirements are found in section 189 of the South African Labour Relations Act, 1995 ("LRA"). However, section 189A provides for specific procedures and remedies, should an employer embark on a large-scale retrenchment.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Government Opposes The DA's Application To Declare Section 27 Of The Disaster Management Act Unconstitutional And Invalid

    The Minister of Co-operative Governance and Traditional Affairs, the Speaker of the National Assembly and the president are opposing the Democratic Alliance's application...
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Article

    Innocent Bystanders: Liability Of The SAPS During The July 2021 Lootings

    In July 2021, South Africa was ravaged by lootings and violent protests following the incarceration of former President Jacob Zuma.
    South AfricaGovernment, Public Sector
    Adams & Adams
    Adams & Adams
  • Article

    B-BBEE And Disaster Relief Funding

    In Solidarity v Minister of Small Business Development and Others; Afriforum v Minister of Tourism and Others, the Pretoria High Court held that the state, acting under the regulations published in terms of...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    End Of Concurrent Jurisdiction: Understanding The New Jurisdictional Boundaries In The Gauteng Division Of The High Court Of South Africa

    A significant jurisdictional change has taken effect in South Africa's Gauteng Division of the High Court, ending the concurrent jurisdiction between Johannesburg and Pretoria seats that existed since 2018. Each seat now has defined geographical boundaries based on magisterial districts, requiring practitioners to carefully determine proper jurisdiction when instituting proceedings.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    The Use Of Surveillance Data And POPIA: De Jager v Netcare Limited

    In the recent case of De Jager v Netcare Limited & Others (42041/16) [2025] ZAGPPHC 141 (17 February 2025) the way forward for privacy law and litigation was outlined.
    South AfricaPrivacy
    Andersen in South Africa
    Andersen in South Africa
  • Article

    Is A Landowner Obliged To Provide Alternative Accommodation To An Unlawful Occupier?

    When deciding whether a party should be evicted, a Court must take into consideration all relevant circumstances and factors, and then determine whether the eviction would be just and equitable.
    South AfricaReal Estate and Construction
    Barnard Inc.
    Barnard Inc.
  • Article

    PAIA's "Public Interest Override" Now Applies To Taxpayer Information

    On 30 May 2023, South Africa's Constitutional Court delivered judgment in Arena Holdings (Pty) Ltd t/a Financial Mail and Others v The South African Revenue Services and Others
    South AfricaTax
    ENS
    ENS
  • Article

    Improved Terms And Conditions And The Transfer Of A Business: What Does South Africa Law Say?

    The Employment Appeals Tribunal ("EAT") in England recently handed down judgment dealing with the opportunistic improvement of employees' terms and conditions ...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    NSFAS' Decision To 'Defund' The Postgraduate LLB Programme Was Found To Be Reasonable

    The Supreme Court of Appeal (the "SCA") in NSFAS v Moloi had to determine whether the Pretoria High Court erred in reviewing and setting aside the decision...
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Showing 201–220 of 262 results

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