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  • Article

    Historic Ruling: Constitutional Court Expands Parental Rights To Lesbian Couples In Artificial Insemination Cases

    29 June 2023 marked a milestone in South African constitutional law when the Constitutional Court issued a groundbreaking ruling that will significantly influence the lives of many same-sex couples.
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    Constitutional Court Upholds Declaration Of Invalidity Of Rica

    On 4 February 2021, the Constitutional Court upheld a finding of constitutional invalidity of the Regulation of Interception of Communications and Provision of...
    South AfricaGovernment, Public Sector
    Bowmans
    Bowmans
Article

Long-Awaited Amendments To RICA Published To Address Unconstitutional Aspects

On 25 August 2023, the Minister of Justice and Correctional Services published the Regulation of Interception of Communications and Provision of Communication-related Information Amendment Bill 2023 (the "Bill").
South AfricaGovernment, Public Sector
ENS
ENS
  • Article

    No Profit, No Loss? When Service Providers May Benefit From Invalid Government Contracts

    South Africa's legal landscape is undergoing significant transformation across multiple domains, from direct marketing compliance and government contract validity to artificial intelligence policy development...
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Article

    PAIA Annual Report Deadline: 30 June 2026

    South Africa's Information Regulator has opened its eServices portal for the 2025/26 PAIA reporting period, requiring all public and private bodies to file annual reports on access-to-information requests by 30 June 2026.
    South AfricaGovernment, Public Sector
    Fairbridges
    Fairbridges
  • Article

    State Owned Enterprises Bill: Elevating The Public Voice Through Open Consultation

    In December 2024, the Portfolio Committee on Planning Monitoring and Evaluation issued a call for the public to submit written comments on the National State Enterprises Bill (the "SOE Bill"), [B1-2024].
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Article

    The Commissioner's Role In Section 417 Enquiries

    In the previous issue, we explored how Ferreira v Levin reshaped the legal landscape of Section 417 enquiries by introducing constitutional safeguards for witnesses.
    South AfricaGovernment, Public Sector
    Barnard Inc.
    Barnard Inc.
  • Article

    Brexit, And The Importance Of Being (GI) Earnest

    Many South Africans, I suspect, find Brexit both boring and incomprehensible. All that endless talk of customs unions, free trade agreements, hard borders, borders in the Irish Sea..!
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Litigation: How Laws Of Evidence Can Decide The Outcome Of The Case?

    Within the legal profession, it is ordinarily said that "if the facts are unfavorable to you, argue the law and, if the law is unfavorable to you, argue the facts."
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Can You Be Held Liable For Your Social Media Posts?

    For many people social media has provided a safe space to voice their opinions without the fear of being judged or ridiculed.
    South AfricaMedia, Telecoms, IT, Entertainment
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    City Of Cape Town v South African National Roads Authority Limited And Others (20786/2014) [2015]

    Historically the position was that one was not allowed to gain access to court documents until the matter had been called in open court. Is this still the position?
    South AfricaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    Covid-19 Law Enforcement Incompetence & Brutality Not A New Thing

    It is often said that the best time to fix a leaking roof is winter where there are no storms and heavy rains.
    South AfricaCoronavirus (COVID-19)
    Adams & Adams
    Adams & Adams
  • Article

    Fairness And Reasonableness Win The Day: The Beadica Judgment

    The power of a court to strike down or refuse to enforce a contract that it considers to be unfair, unduly harsh or unreasonable, has been a controversial one ...
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    Can Employers Justify Compelling Employees To Receive The COVID-19 Vaccine?

    South African law currently does not have any legislation that specifically requires employees to take the COVID-19 vaccination.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Suspending Your Employee. The Long And The Short Of It

    The Constitutional Court in Long v South African Breweries (Pty) Ltd and Others [2018] ZACC 7, recently held that ‘there is no requirement' for an employer to afford an employee an opportunity to make representations.
    South AfricaEmployment and HR
    Adams & Adams
    Adams & Adams
  • Article

    A Landmark Verdict: Constitutional Court Affirms Unconstitutionality For Section 4 Of The Mediation In Certain Divorce Matters Act

    A landmark shift in family law has recently levelled the playing field for unmarried parents, providing them with the same legal rights and protections in child custody matters as those available to divorcing parents.
    South AfricaFamily and Matrimonial
    Barnard Inc.
    Barnard Inc.
  • Article

    The MEC For Health Can Raise A Public Healthcare Defence Subsequent To The Determination Of Liability

    The Constitutional Court in Member of the Executive Council for Health, Gauteng Provincial Government v PN recently confirmed that where a court grants an order disposing of the issue of merits...
    South AfricaFood, Drugs, Healthcare, Life Sciences
    Adams & Adams
    Adams & Adams
  • Article

    ANC's Proposed Changes To The Road Accident Fund Will Prejudice 20 Million Children

    The Bill provides for a no-fault benefit scheme and a new Administrator, replacing the current RAF.
    South AfricaGovernment, Public Sector
    Adams & Adams
    Adams & Adams
  • Article

    SA's Constitutional Court Hands Down Landmark Judgment On Foreign Business Establishment Exemption

    On 21 June 2024, South Africa's Constitutional Court handed down a landmark judgment in favour of Coronation Investment Management SA (Pty) Ltd ("CIMSA").
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Article

    The Constitutional Court Puts An End To Unfair Levies/Taxes Imposed On Indigenous Communities

    The levies/taxes at issue were imposed on indigenous communities for different reasons, including for reporting a death in a family, relocation to another village, and the allocation of a residential stand.
    South AfricaGovernment, Public Sector
    Adams & Adams
    Adams & Adams
  • Showing 81–100 of 262 results

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