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  • Article

    What Are The Implications Of The Recent SCA Judgment For Firearm Owners?

    The South African Constitutional Court previously held that "(G)un ownership is not a fundamental right under our Bill of Rights. It is a privilege regulated by law, under the Firearms Control Act."
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Article

    Fair's Fair? Applying Affirmative Action

    The ideals behind the enforcement of affirmative action in the workplace in South Africa, post-1994, are sound and understandable; however, there have been many challenges to overcome to ensure that the empowerment of the previously disadvantaged does not defeat the Constitutional right to equality.
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
Adams & Adams
  • Article

    From Exclusion To Inclusion: AI, Language And Access To Justice In South Africa

    At the J20 summit, Justice Mlambo, Deputy Chief Justice posed a critical question: in a multilingual society, are litigants still excluded if they do not speak the colonial language of record? South Africa's...
    South AfricaTechnology
    ENS
    ENS
  • Article

    Secondary Strikes: The Constitutional Court Provides Some Clarity

    Secondary strikes must be "proportionate" in order to be "reasonable". This is the central finding of the majority decision of the Constitutional Court in Association of Mineworkers and Construction Union...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Business Licensing Bill, 2025: Streamlining Trade Or Stifling Enterprise?

    The South African government published the Business Licensing Bill, 2025 (the "Bill") on 26 September 2025.
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Article

    The Genetic Link Requirement: An Investigation Into Its Necessity And Whether It Indeed Protects A Child's Best Interests Or Simply Poses As An Unnecessary Hindrance To Parenthood.

    South Africa protects the rights of minorities or previously marginalised groups through legislative and constitutional means. The right to equality is constitutionally entrenched.
    South AfricaGovernment, Public Sector
    Adams & Adams
    Adams & Adams
  • Article

    No Second Bite. Court Confirms The Higher Threshold For Leave To Appeal

    In April 2026, the Pietermaritzburg High Court set aside a subpoena issued against the Auditor-General of South Africa (“AGSA”), finding that it had not been issued for a bona fide or lawful purpose and amounted...
    South AfricaLitigation, Mediation & Arbitration
    Fairbridges
    Fairbridges
  • Article

    Customer Loyalty Programmes And The Section 24C Allowance: The Clicks Constitutional Court Case Perspective

    Customer loyalty programmes have been around as early as the 1980's, and are widely known to be used as business marketing tools.
    South AfricaGovernment, Public Sector
    SNG Grant Thornton
    SNG Grant Thornton
  • Article

    Provincial Power Trumps A School's Governing Council

    In a long-running argument between the Governing Body of the Rivonia Primary School and the Gauteng Provincial Education Department, the Constitutional Court started out, in its majority judgement, by referring to s29 which it states "guarantees everyone the right to a basic education" and observing that this constitutional guarantee is "inaccessible for large number of South Africans".
    South AfricaGovernment, Public Sector
    Routledge Modise
    Routledge Modise
  • Article

    Widening The Net – The Constitutional Court's Softening Of The Time-bar Defence Under South African Competition Law

    The recent decision of the Constitutional Court in Competition Commission of South Africa v Pickford Removals SA (Pty) Limited may have a material effect on the future prosecution of prohibited practices – including cartel behavior and abuses of dominance.
    South AfricaAntitrust/Competition Law
    Fasken
    Fasken
  • Article

    Modernising The Commissioning Of Oaths: The Draft 2026 Regulations

    South Africa's Department of Justice has published draft regulations that would fundamentally transform how oaths and affirmations are administered by allowing electronic commissioning through audio-visual communication. This development follows years of legal uncertainty and conflicting court decisions about whether commissioners of oaths could validly administer oaths remotely, particularly during the COVID-19 pandemic when physical presence became impractical.
    South AfricaCorporate/Commercial Law
    Adams & Adams
    Adams & Adams
  • Article

    Constitutional Court: Retrenchments Vs Automatically Unfair Dismissals

    In the months leading up to April 2014, Aveng faced harsh economic conditions and needed to restructure to survive and avoid the wholesale loss of jobs of its entire workforce.
    South AfricaEmployment and HR
    Bowmans
    Bowmans
  • Article

    Telecoms And Media In Brief | Issue 21

    Below, please find issue 21 of the ENSafrica telecoms and media in brief, a snapshot of the latest telecoms and media developments in South Africa.
    South AfricaMedia, Telecoms, IT, Entertainment
    ENS
    ENS
  • Article

    Withholding Of Amounts From Payments To Non-Resident Sellers Of Immovable Property

    It has been announced that section 35A of the Income Tax Act, which was introduced in 2004 to come into effect on a date to be announced, will be in operation from 1 September 2007.
    South AfricaTax
    Norton Rose Fulbright South Africa
    Norton Rose Fulbright South Africa
  • Article

    Municipality's Failure To Appoint Candidate To An Advertised Position May Constitute Reviewable Administrative Action

    In the case of Mambafula v Alfred Nzo District Municipality, Mr Simvumile Mambafula instituted urgent proceedings in the Eastern Cape Division – Mthatha of the High Court of South Africa...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Constitutional Court Finding: The High Court And The Labour Court Have Concurrent Jurisdiction On The Unlawful Termination Of Employment Contracts

    In a unanimous judgment handed down on 4 December 2020, in the matter of Baloyi v Public Protector and Others (CCT03/20) [2020] ZACC 27, the Constitutional Court held that the High Court and Labour Court ...
    South AfricaEmployment and HR
    Bowmans
    Bowmans
  • Article

    Cannabis: Growing High On Our List Of Priorities

    A lot of attention has been given to the changes in the South African legislative framework in so far as it relates to Cannabis.
    South AfricaFood, Drugs, Healthcare, Life Sciences
    Fasken
    Fasken
  • Article

    Are Interim Interdicts Appealable And The Balancing Of Constitutional Rights In Defamation Matters?

    The South African Constitutional Court, in the case of United Democratic Movement and Another v Lebashe Investment Group (Pty) Limited and Others, delivered an important judgment regarding...
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Article

    Power Coupled With Duty, The Intercape Story

    Courts are not designed to govern. That is the government's job, involving budget allocations and tough choices, sometimes between life and death.
    South AfricaGovernment, Public Sector
    Adams & Adams
    Adams & Adams
  • Article

    A Brief Analysis Of The Motion Adopted By Parliament

    There has been much discussion, debate and commentary over the past couple of months on the motion adopted by the South African Parliament on 27 February 2018, in relation to the expropriation of land without the payment of compensation.
    South AfricaReal Estate and Construction
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Showing 221–240 of 262 results

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